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Home My WebLink About2003.1218.TCOM.Packet�TAIN �l l C 7,7,,�" 7 �4 that is A .1,0 Vice Mayor Melendez Councilwoman Stevens Councilman Archambault MEETING NOTICE THE FOUNTAIN HILLS TOWN COUNCIL Mayor Nichols Councilwoman Nicola Councilman Kavanagh Councilwoman Ralphe WHEN: THURSDAY, DECEMBER 18, 2003 TIME: 4:00 P.M. — 7:00 P.M. WHERE: 13253 La Montana, Suite 104 Fountain Hills, AZ A majority of the Council members may be in attendance at the Citizens' Committee to Save our Community's Christmas Open House. No official action will be taken. DATED this 15t' day of December 2003. ? . By: Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837 2003 (voice) or 1-800-367-8939 JDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. NOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: THURSDAY, DECEMBER 18, 2003 TIME: 6:30 P.M. REGULAR SESSION WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Council Members. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION — Mayor Wally Nichols E:\Clerk\AGENDAS\REGULAR\2003\Regular and Executive Session 12-18-03.doc Page 1 of 3 Last printed 12/17/2003 11:01 AM ROLL CALL — Mayor Nichols r 14 CALL TO THE PUBLIC Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA *1.) CONSIDERATION of approving the Council MEETING MINUTES of 11/20/03 and 12/04/03. *2.) CONSIDERATION of approving three PARTICIPATION AGREEMENTS with MCO, Suncor, and Sun Tech for various traffic signals. *3.) CONSIDERATION of approving the placement of a SIGN AND ARTWORK, a Town owned 5 min sculpture, at Kiwanis Park at the request of the Sunset Kiwanis. REGULAR AGENDA 5 min 4.) CONSIDERATION of APPOINTING four individuals to fill the vacancies on the Parks and Recreation Commission. 20 min 5.) UPDATE on TOWN CENTER PHASE II. 9 min 6.) CONSIDERATION of approving ORDINANCE 03-26 amending the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-8 Community Development and Engineering Fee Schedule, relating to grand opening sign permits. 10 min 7.) CONSIDERATION of approving United Healthcare as the Town's HEALTH CARE PROVIDER for 2004. 15 min 8.) CONSIDERATION of ORDINANCE 03-21 approving a text amendment to the Fountain Hills Town Code, Chapter 6, Animals, relating to the licensing age for dogs and license penalties. 30 min 9.) CONSIDERATION of RESOLUTION 2003-68 approving an Intergovernmental Agreement with the Fountain Hills Unified School District relating to programming on Channel 99. 20 min 10.) CONSIDERATION of RESOLUTION 2003-72 approving an Intergovernmental Agreement with the Salt River Pima — Maricopa Indian Community for Proposition 202 funding. 30 min 11.) DISCUSSION with possible direction to staff relative to creating the PUBLIC SAFETY COMMISSION. s min 12.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 0 min 13.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the low Council: NONE 10 min 14.) SUMMARY OF COUNCIL REQUESTS by Town Manager. E:\Clerk\AGENDAS\REGULAR\2003\Regular and Executive Session 12-18-03.doc Page 2 of 3 Last printed 12/17/2003 11:01 AM 9:15 pm 15.) ADJOURNMENT. `'`""DATED this 15`s day of December, 2003 iI evelyn I Ben er owi Jerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. R E:\Clerk\AGENDAS\REGULAR\2003\Regular and Executive Session 12-18-03.doc Page 3 of 3 Last printed 12/17/2003 11:01 AM Town of Fountain Hills Town Council Agenda Action Form OR Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 12/4/03 Contact Person: Bender Requesting Action:❑ 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: Draft minutes for 11/20/03 and 12/4/03 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 Council MEETING MINUTES of 11/20/03 and 12/4/03. Staff Recommendation: Approve Fiscal Impact: Purpose of Item and Background Information: To approve draft minutes for archival purposes. List All Attachments as Follows: Draft minutes Type(s) of Presentation: none Signatures of Submitting Staff: Department Head Town Imager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\bbender\documents\forms\agenda cover sheet masterdoc.doc Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 12/18/03 Contact Person: Ward Requesting Action:❑ TVDe 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: Council Prioritv (Check Anprooriate 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 three PARTICIPATION AGREEMENTS with MCO, Suncor , and Sun Tech for various traffic signals. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Staff recommends approval of the attached 3 "" Participation Agreements for the Installation of Traffic Signals. The agreements all have a term of 5 years, and require dedication of easements, if needed, on land owned by that developer. These participation requirements were originally set forth in various subdivision stipulations approved over the last several years. The agreements clearly release the developers from several other expired traffic signal requirements. There will not be an fiscal impact unless such time as the traffic signals are designed and built. List All Attachments as Follows: 3 separate participation agreements and staff memo Type(s) of Presentation: None Signatures of Submitting Staff: De artment He ;, I 1�y /.� -/2 -03 Town Manager / Designee e:\agenda item coversheet4.dot Budget Review (if item not budgeted or exceeds budget amount) 3 Traffic Signal Participation Agreements TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT INTER OFFICE MEMO TO: Honorable Mayor and Town Counci DT: December 12, 2003 FR: Randy Harrel, P.E., L.S. RE: 3 Traffic Signal Participation Town Engineer Agreements — with SunCor, SunTech, and THROUGH: Tom W 0 MCO Public Works Director Staff recommends approval of 3 Participation Agreements for the Installation of Traffic Signals, with several developers, as follows: • SunCor Development Company o Eagle Ridge Drive/ Palisades Blvd. (10%, or an early buyout of $20,000) • SunTech Development o Eagle Ridge Drive/ Palisades Blvd. (10%; or an early buyout of $20,000) • MCO Properties o SunRidge Drive/ Palisades Blvd. (50%) o Saguaro Blvd./ El Lago Blvd. (50%), including interconnect conduit from El Lago to Avenue of the Fountains. o Eagle Ridge Drive/ Palisades Blvd. (30%) o Saguaro Blvd./ Avenue of the Fountains (25%, based on the cost of a mid -block pedestrian signal) o Fountain Hills Blvd./ El Lago Blvd. (50%) The agreements all have a term of 5 years, and require dedication of easements, if needed, on land owned by that developer. These participation requirements were originally set forth in various subdivision stipulations approved over the last several years. The agreements also clearly release the developers from several other traffic signal requirements, which we all acknowledge have clearly been allowed to expire. PARTICIPATION AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND SUN TECH DEVELOPMENT FOR INSTALLATION OF TRAFFIC SIGNALS T S PARTICIPATION AGREEMENT (this "Agreement") is entered into 2003, between Sun Tech Development, L.L.C., an Arizona limited liability company ("Sun Tech") and the Town of Fountain Hills, an Arizona municipal corporation (the "Town"). RECITALS A. Sun Tech has received various approvals from the Town to allow it construct an expansion of the existing CopperWynd Inn Resort. Sun Tech has agreed that, as a condition of such approvals, that the Town may request participation in certain traffic signal improvements as set forth below (the "Sun Tech Commitment"). B. The Town and Sun Tech desire to memorialize the Sun Tech Commitment and to specify the terms and conditions thereof, as set forth below. AGREEMENT NOW, THEREFORE, in consideration foregoing recitals, which are hereby incorporated herein, and the covenants and promises set forth below, the Town and Sun Tech hereby agree as follows: 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and affect for a period of five years therefrom. 2. Traffic Signal Commitment. Sun Tech shall contribute its proportionate share (10%) of the total Eagle Ridge Signal Cost within 30 days after notification by the Town of (i) the Town's intent to proceed with design and construction of the Eagle Ridge Signal and (ii) Sun Tech's respective share of such costs. Sun Tech may, at its sole option, satisfy the Sun Tech Commitment by payment of $20,000 to the Town at any time prior to notice from the Town of its intent to proceed with construction of the Eagle Ridge Signal. 3. Bonds. The Town shall not require Sun Tech to purchase surety bonds to ensure construction of the commitments set forth herein. 4. Construction Management. The Town shall be responsible for all design and construction of the traffic signal improvements contemplated by this Agreement. 5. Dedication of Easements. Sun Tech hereby agrees to dedicate all easements reasonably necessary for installation of the respective traffic signals, at no cost to the Town, at 9196.009\PA-Sun Tech Traffic Signals.v2.doc 12-10-03-1 locations as determined by the Town in its reasonable discretion; provided, however, that Sun Tech's obligation to provide such easements shall be limited to only such real property as is owned by Sun Tech in fee title. 6. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable by a court of competent jurisdiction, such ruling shall not affect the validity of the remainder of this Agreement, which shall be enforceable without such provision. 7. Meaning of Terms. References made in the singular shall include the plural and the masculine shall include the feminine or neuter. 8. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: To the Town: Town of Fountain Hills P.O. Box 17958 Fountain Hills, Arizona 85269 Facsimile: 480-837-3145 Attn: Tim Pickering, Town Manager With copy to: JORDEN, BISCHOFF, MCGumE & ROSE, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to MCO: Sun Tech Development, L.L.C. Facsimile: &aa - M $ - 3F� S �S Attn: Neil Ginsberg or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (iv) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and 9196.009\PA-Sun Tech Traffic Signals.v2.doc 2 12-10-03-1 M 0 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. 9. Governing Law. This Agreement shall be governed by the laws of the State of Arizona and venue shall be in Maricopa County. 10. No Waiver of Performance. The failure of either party to insist, in any one or more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance. 11. Headings. The headings given to any of the provisions of this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. 12. Cancellation. This Agreement may be cancelled by the Town pursuant to ARIZ. REv. STAT. § 38-511 EXECUTED as of the date first set forth above; "Town" TOWN OF FOUNT Arizona municipal � By:_.,8 W. J. HILLS, an ATTEST: Bevelyn J. Be er, T n Clerk 9196.009\PA-Sun Tech Traffic Sipals.v2.doc 12-10-03-1 3 "Sun Tech" SUN TECH DEVELOPMENT, L.L.C, an Arizona limited liability company By Name: 1-J!L'�I L Y> C I t-�f 3 L C- Title: T--I 0— rv� N\ (ACKNOWLEDGMENTS) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) p This instrument was acknowledged before me on 41& -e— 2003, by W. J. Nichols, the Mayor of the Town of Fountain Hills, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona My Commission Expires: OFFICIAL SEAL C� • , O �. SUSAN M. DEGLER Notary Public- State of Arizona MARICOPA COUNTY My corn. expires June 6, 2005 STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) \\ This instrument was acknowledged bef� me on �c)i lr lu_a u I � t �0 ay , -2603, by `11 � ; nsbe c , they i G'6-�'�of Sun Tech Development, an Arizona limited liability cp. ehalf of Sun'tech Development, L.L.C. OFFic1A1-SEAL LAUREL A. ROUNDS idc:ary Public - date of At�otL3 NIARICOPA COUNTY O COMM, Expires May 1O, 2OE}5 Notary Public in and for the State of Arizona My Commission Expires: IS--lb--04T 9196.009\PA-Sun Tech Traffic Signals.v2.doc 4 12-10-03-1 v.► Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Parks and Recreation Consent:,® Regular:,❑ Meeting Date; December 8, 2003 Contact Perso nii Mark C. Mayer e of:Do6'm"ent Needing Aput°oval tCiteck alf that auol ❑ 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 Annronriate Areas)': ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Unl❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ® Parks & Recreation Re "ular Agenda Wording: Consideration of Approving the Placement of a Sign and Artwork, a Town -owned Sculpture, at Kiwanis Park at the Request of the Sunset Kiwanis Approve PLs alIrnpact Yes '► Purpose, of It6ii:a"d Rackground Information The Sunset Kiwanis would like to place a sign and a Town - owned sculpture at Kiwanis Park. The group will pay for the cost to construct and place the sculpture. The request has been reviewed by the Chair of the Public Arts Committee, Dr. Paul Kolwaite, of the Arts Council, and he supports this request. In addition, the Parks and Recreation Commission reviewed the request at its December 8, 2003, meeting and unanimously supports the request for placement at the site. sculpture. Department Head Town Manager None Two pictures of the site depicting the sign, the sign's language, and the Budget Review (if item not budgeted or exceeds budget amount) "A4 OA 1 L 0 Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Parks and Recreation Department Consent:❑ Regular:® e of Document Needing Anufoval (Check all that aUpl December 18, 2003 ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Commission Appointments Council Priority (CheAl A Provriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Recreation Commission. Mark C. Mayer ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ® Parks & Recreation Consideration of Appointing four individuals to fill vacancies on the Parks and , �flntlil h Approve Fiscal Impact: No $ f Pi itip e't3filtetn J�a&ronnd Infon'nation: There are four positions on the Parks and Recreation Commission that will expire the end of this month. The openings were advertised and seven individuals applied. Three of the openings are for two year terms. The fourth, the Youth Commissioner, is for a one year term. Three applicants are seeking to be reappointed: Carol Ayres, Joe Pinter, and Lauren Conway, who was the only youth applicant. The candidates were interviewed by the Town Council on the afternoon of December 15, 2003. None Department Head Town Manager Commission Applicant Interview Schedule Budget Review (if item not budgeted or exceeds budget amount) Commissioner Applicants January 2004-December 2006 Recruitment Administration Building, 16836 E. Palisades Blvd., Bldg. A Interview Date: December 15, 2003 INTERVIEW TIME NAME ADDRESS PHONE 2:10 PM William Minkin 14850 E. Grandview Dr. #146 816-6663 2:30 PM Carol Ayres 16440 Bradford Drive 837-8290 2:50 PM Naomi Bryant 17327 E. Fontana Way 836-0240 3:10 PM Curt Cornum 16308 E. Powderhorn Dr. 816-1295 3:30 PM Shawn White 13700 N. Fountain Hills Blvd., #117 837-4348 3:50 PM Joe Pinter 16041 E. Tumbleweed Drive 837-6688 4:10 PM Lauren Conway 14021 N. Edgeworth Dr., Unit A 836-4228 Commission Interview Times Rev.doc 12/9/2003 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:❑ Regular: Meeting Date: December 18, 2003 Contact Person: Don Thumith Requesting Action:❑ Tvpe of Document Needine 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: Project Update 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 Rellular Agenda Wording: Update presentation on Civic Center Phase 11 project. Staff Recommendation: NA Fiscal Impact: Purpose of Item and Background Information: An informational update to Mayor/Council on results pertaining to the block diagram results of the pre -design phase of Civic Center Phase 11 project. List All Attachments as Follows: Update memorandum from staff to Town Manager, site layout of proposed Administration and Senior Activity Center building. Type(s) of Presentation: Verbal update by Charles Davis of Kitchell CEM, the Town consultant firm preparing the pre -design phase for Civic Center Phase 11 Staff: Department Town a ager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\my documents\town of fountain hills agenda form.doc TOWN OF FOUNTAIN HILLS OFFICE OF FACILITIES OPERATIONS SUPERVISOR INTER OFFICE MEMO TO: Tim Pickering, Town Manager DT: 12/11/2003 FR: Don Thumith, Facilities Operations Supervisor RE: Update Civic Center Phase 11 Project Purpose A review of activities pertaining to the Civic Center Phase 11 project to this date. Project This project was initiated to help resolve the short and long term operational costs for a Municipal facility, costs that are presently putting a strain on our general fund recovery efforts. The Civic Center Phase 11 project will greatly reduce operational expenditures, achieve Town ownership, eliminate responsibility for property taxes and consolidate Town services to a one site visit for our citizens and visitors. Events • 11/10/2003 Award of pre design contract to Kitchell CEM. • 11/14/2003 Kick off meeting with department heads, Kitchell, Town Manager and staff followed by initial input in space needs from each department/entities required to develop a block plan and prepare budgeting considerations. • 12/02/2003 Telephone conference with Kitchell staff, Town Manager and staff re: needed adjustments in block plan. • 12/04/2003 Meeting with Charles Davis, Town Manager and staff identifying results to block plan, budgeting considerations and related concerns. Established date for update to Council on project. • 12/11/2003 Meeting with Charles Davis, Matt Chappell of Kitchell staff, Town Manager, Town staff, revisit and review block plan. Synopsis of events At the November 101h 2003 regular meeting of the Town Council, Council awarded a contract for pre design services from Kitchell CEM, the scope of work included the preparation of a block diagram, budgeting and site considerations. This update will identify results to this point. (1) `„ On November 14th, 2003 at Town Hall Bld. A conference room representatives of Kitchell CEM interviewed Town staff, department by department, along with representation from the Senior Activity Center staff. The purpose of these interviews was to acquire information on present and future space needs in a new administrative building. This information gathering process is vital in determining a block plan that will fit requested needs with planned limitations in building square footage, currently at 30,000 S/F. On December 2nd 2003 a telephone conferencing was conducted with Kitchell staff, Town Manager and staff at Kitchells request. Of concern was the square footage resulting from the interview process exceeded the identified square footage goal of 30,000 S/F by eight to twelve thousand square feet. Some very difficult decisions were required of Town Manager and staff to re -identify the square footage needs; this was accomplished with advice and input from Kitchell staff. Space reduction was then accomplished in keeping with operational, staffing and future considerations as a priority. On December 4th, 2003 Town Manager and staff met with Charles Davis, project manager for Kitchell to review the results of space re -alignment, the budgeting forms process and established a date to update the Council, that being the December 18th 2003 regular meeting. At this meeting Town Manager re -directed staffs proposed location from the East end of the vacant portion of the Civic Center to the West end. At this ,%W point Kitchells block plan was at 31,821 S/F with a request that if any more reduction was identified to forward the information to Kitchell before their presentation to Council on the 12/18/2003 regular Council meeting. On December 11, 2003 Town Manager and staff met with Charles Davis and Matt Chappell of Kitchell CEM. Details of the block plan, budgeting considerations, and site details were discussed, decisions were made to refine the project to meet the Town goals of an approximately 30,000 to 32,000 square feet facility. Certain details were discussed in preparation for RFQ's for the Design Build phase. DthumithUhumithUnter-Office Memo\12/10/03 (2) i y ; F i ! i i @ ! I ! S G I � Z r — 1 ! d Q G �) p LI-I i ! _ 3 0 W i I !1 a Z s f � I k E i 1 r) C 3 � C U pc,WZ rt Z Z s ¢uG0 3 i 2 i z 0 � U Qw LLI w z z w 0 cn cn U i i - —�--9131/0313------ _ OU a `------------Jr LLJ U LL- LL 0 i— U) 0 CL W LU Z LU U 9 - Lll Z / i CO C o CO CO U y, VNd1NOW V I lw LU Q � N c� N L/ W Cl— IL z W U z o O W V U I--q w a U --M Nftw "moo,�4bat is AN' Supplement to December 18, 2003 Council Meeting Regular Agenda Item 5 — UPDATE on Civic Center Phase 2 Pg. 1 Proposed site overview of Civic Center Phase 2 Concept Plan Pg. 2 Kitchell CEM first floor block plan Pg. 3 Kitchell CEM second floor block plan Mi". z 0 � U F¢- W Z z N L OU N w Qzo N Z� N W W Z U o w z o U p LU V U a A --A W a U - - - - - - _ - A - - - ONiO313 - - - - - - - - - - - e t w , R i i l I m �`--J Fw— n L� \ z e W cc — AEI I e z aa' D aJladl 11 aU W( I L..co Y �\ �o� / \ JAW ( �CNL L Iwjrn w OLl �O� / CJ 04 ' Li > 1 � wz` A r' I � / O i 2i0 V-N—V—IN 0W —VI -- A�� \\�'------_----- 00 W U O H O fZ DEC.17.2003 2:05PM NC.781 To F' *oonvfor Tw '�NN'(kINlso wo r 0*7M MWA-0 GVtG G:NTla1'� PH'1L JAMAQ-4 IAyCL o IS AD lCMM 12 v 17, 03 3070^� DEC.17.2003 2:05PM NO.781 so /hr*nyv op I+6 pwv*yt45P Awmi vtwmv4 G��w cwyrds� C��►� w� v� c� 1<e,00rot\ t30•17.03 Co I vtG 44NT02... Pik 0— Is o 3o7bAs � t Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:❑ Regular:® Meeting Date: 12/18/2003 Contact Person: Joan McIntosh Requesting Action:® TVDe of Document Needing Approval (Check all that avol ❑ Public' earing ❑ Resolution ❑ Agreemnt ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Council Priority (Check Annronriate 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.Wordini: Consideration of approving United Healthcare as the Town's health care provider for 2004. Staff Recommendation: Approve Fiscal Impact: Yes $22,685.40 Purpose of Item and Background Information: Blue Cross/Blue Shield is the current health care provider for Town of Fountain Hills employees. Their renewal for 2004 was quoted at a 36% increase. The Town budgeted a 15% increase. Consequently Human Resources received quotes from other major health insurance carriers in Arizona. It is being recommended that United Healthcare be the health care provider for 2004. They are able to provide quality coverage with a more reasonable 8.5% increase over 2003 premium amounts. List All Attachments as Follows: Memo Type(s) of Presentation: Verbal Signatures of Submitting Staff: Budget Review ` (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF HUMAN RESOURCES INTER OFFICE MEMO TO: Honorable Mayor W. J. Nichols and DT: December 10, 2003 Town Council Tim Pickering, Town Manager FR: Joan McIntosh RE: 2004 Health Insurance Human Resources Administrator Recommendation During 2003 the Town of Fountain Hills contracted with Blue Cross/Blue Shield of Arizona for health insurance coverage. Each year at this time we receive a renewal quote for the upcoming year. Blue Cross/Blue Shield has quoted a 36% rate increase for 2004 for the Town of Fountain Hills. We were successful in negotiating down to a 30% rate increase. Although increases are expected, this year's increase from Blue Cross/Blue Shield is unacceptable. The Town budgeted a 15% rate increase. Consequently, quotes from every major health insurance carrier in Arizona were obtained in an effort to maintain quality coverage with more reasonable premiums. The various quotes were then taken to the Employee Services Committee for comparison. After much discussion, it was the consensus of the Committee to recommend United Healthcare. The Committee then took this information back to their individual departments for discussion. The departments unanimously expressed their desire to contract with United Healthcare for 2004. Human Resources met with Mr. Pickering to review the various options and to recommend presentation of United Healthcare for approval by the Council at the December 18, 2003 meeting. Some of the reasons for this recommended change in health care are the competitive rates, open access to any physician at any time, a favorable formulary for prescription drugs, a supplemental EPA (employee assistance program for legal and finance issues), and the availability of a 24- hour nurses hotline. Following is a table that itemizes the Town's annual cost, the employee's annual cost, and the total cost for our current Blue Cross/Blue Shield Plan, the quoted renewal of Blue Cross/Blue Shield and the recommended United Healthcare 007 Plan. As you can see, United Healthcare is an 8.5% increase over our current rates, or a $22,685.40 annual impact to the Town. BOBS Current BOBS Renewal I United Healthcare 007 Coverage Type Town Portion Employee Portion Total Premium Town Portion Employee Portion Total Premium Town Portion Employee Portion Total Premium Employee $100,843.44 $0.00 $100,843.44 $137,651.40 $0.00 $137,651.4 $109,414.68 $0.00 $109,414.68 Employee + S $70,068.96 $24,863.28 $94,932.24 1 $95,643.60 $33,937.80 $129,581.40 $76,025.04 $26,977.08 $103,002.12 Employee +C $40,337.28 $12,518.401 $52,855.68 $55,060.80 $17,088.00 $72,148.80 $43,766.40 $13,583.04 $57,349.44 Family $55,637.76 $27,818.881 $83,456.64 $75,945.60 $37,972.801 $113,918.401 1 $60,366.721 $30,183.361 $90,550.08 Annual Total $266,887.44 $65,200.561 $332,088.00 $364,301.40 $88,998.601 $453,300. $289,572.841 $70,743.481 $360,316.32 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 12/18/03 Submitting Department: Administration Contact Person: McGuire Consent:—] Regular:® Requesting Action:❑ TvDe of Document Needine 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: Council Priority (Check Apbronriate Areas): ❑ Education ❑ PubxiC 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 03-21 approving a text amendment to the Fountain Hills Town Code, Chapter 6, Animals, relating to the licensing age for dogs and license penalties Staff Recommendation: Approve Fiscal Impact:, Yes Purpose of Item and Background Information: To revise the Town Code so that provisions relating to the licensing age for dogs and license penalties are in accordance with A.R.S. § 11-1001, et. seq. List All Attachments as Follows: Ordinance 03-21 Type(s) of Presentation: None Signatures of Submittinlz Staff: Department Head n3 Tow anager / Designee Budget Review (if item not budgeted or exceeds budget amount) c:\documents and settings\bbender.puttland\local settings\temporary internet files\olk7a\dog license cncl.rpt.doc r ORDINANCE NO.03-21 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 6, ANIMALS, RELATING TO THE LICENSING AGE FOR DOGS AND LICENSE PENALTIES. WHEREAS, the Arizona State Legislature amended Title 11, Chapter 7, Article 6, Arizona Revised Statutes (the "Statutes"), changing the licensing age of dogs from four months to three months and increasing license penalties from a maximum of $2.00 to a maximum of $22.00; and WHEREAS, the Mayor and Council of the Town of Fountain Hills desire to amend the Fountain Hills Town Code to incorporate the new licensing age for dogs and license penalties set forth in the Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the Fountain Hills Town Code, Chapter 6, Animals, Article 6-2, Rabies/Animal Control Leash Law, Section 6-2-1, Definitions, is hereby amended as follows: M. "Stray dog" means any dog fouf THREE months of age or older running at large that is not wearing a valid license tag. SECTION 2. That the Fountain Hills Town Code, Chapter 6, Animals, Article 6-2, Rabies/Animal Control Leash Law, Section 6-2-3, License Fees for Dogs; Issuance of Dog Tags; Records; Penalties; Classification, is hereby amended as follows: A. The council shall set an annual license fee which shall be paid for each dog few THREE months of age or over that is kept, harbored or maintained within the boundaries of the town for at least thirty consecutive days of each calendar year. License fees shall become payable at the discretion of the council. The licensing period shall not exceed the period of time for revaccination as designated by the state veterinarian. License fees shall be paid within ninety days. A penalty not to exceed two dollars $22.00 shall be added to the license fee in the event that application is made subsequent to the date on which the dog is required to be licensed under the provisions of this article. This penalty shall not be assessed against applicants who furnish adequate proof that the dog to be licensed has been in their possession in the town less than thirty consecutive days. 9196.001\..\03-21 Dog License.ord.doc 12-3-03-1 M OR SECTION 3. That the Fountain Hills Town Code, Chapter 6, Animals, Article 6-2, Rabies/Animal Control Leash Law, Section 6-2-5, Dogs Not Permitted at Large; Wearing Licenses, is hereby amended as follows: D. The owner of any dog over the age of few THREE months shall not permit, allow or cause such dog to be outside of a suitable enclosure that actually confines the dog without a collar or harness to which is attached a valid license tag issued pursuant to this article. Dogs, while being used or trained for hunting or dogs while being exhibited or trained at a town approved event, and such dogs while being transported to and from such events, need not wear a collar or harness with a valid license attached provided that they are properly vaccinated, licensed and controlled. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, December 18, 2003. FOR THE TONVP W.J. Nickofs, May REVIEWED BY: OF FOUNTAIN HILLS: ATTESTED TO: 9196.001VA03-21 Dog License.ord.doc 12-3-03-1 2 evelyn J. Be#derTown Clerk APP VED AS TO FORM: ( �'- - V � Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:❑ Regular:® Meeting Date: 12/18/03 Contact Person: McGuire 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: Council Prioritv (Check ADDronriate 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 Rezular Agenda wording: CONSIDERATION of RESOLUTION 2003-68 approving an Intergovernmental Agreement with the Fountain Hills Unified School District relating to programming on Channel 99. Staff Recommendation: Approve Fiscal Impact: No $0 Purpose of Item and Background Information: To approve an Intergovernmental Agreement with the Fountain Hills Unified School District, which would allow the District to create and broadcast local educational programming on Channel 99. List All Attachments as Follows: Resolution 2003-68 Type(s) of Presentation: Verbal Signatures of Submitting Staff: Department Head Budget Review (if item not budgeted or exceeds budget amount) Town M ager / Designee Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:❑ Regular:® Meeting Date: 12/18/03 Contact Person: McGuire Requesting Action:❑ Tvue 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: Council Prioritv (Check Annronriate 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 2003-68 approving an Intergovernmental Agreement with the Fountain Hills Unified School District relating to programming on Channel 99. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To approve an Intergovernmental Agreement with the Fountain Hills Unified School District, which would allow the District to create and broadcast local educational programming on Channel 99. List All Attachments as Follows: Resolution 2003-68 Type(s) of Presentation: Verbal Signatures of Submitting Staff: Department Head Budget Review (if item not budgeted or exceeds budget amount) Town M ager / Designee RESOLUTION NO.2003-68 .,,. A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98 RELATING TO CHANNEL 99. V"W BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and the Fountain Hills Unified School District No. 98 relating to Channel 99 (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, December 18, 2003. FOR THE TOib N)OF FOUNTAIN W. J. Nichols, Mayor ) REVI-EWE BY: C—/--/ Tim G. Pickering, Town Manager 9196.001V A2003-68 FHUSD IGA res.doc 12-12-03-1 ATTESTED TO: Bevelyn J. Bey, er, T wn Clerk APP VED AS TO FORM: Andrew J. McGuire, To n Attorney INTERGOVERNMENTAL AGREEMENT *Awl BETWEEN THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT AND THE TOWN OF FOUNTAIN HILLS THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is entered into as of PG. AF , 2003, between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and the Fountain Hills Unified School District, an Arizona school district (the "District"). RECITALS A. The Town entered into a cable license agreement with Cox Communications on April 6, 1995 (the "License Agreement") for the purpose of permitting Cox access to the Town's streets and infrastructure for the purpose of providing cable services to residents of the Town of Fountain Hills. B. As part of the License Agreement the Town has access to Cox Cable Channel 99 for purposes of educational programs. C. The District has constructed facilities from which it desires to create programming to be placed on Channel 99. D. The Town desires to permit the District to control all aspects of programming for Channel 99. E. The District is authorized to enter into this Agreement pursuant to ARIZ. REv. STAT. § 15-342. F. The Town is authorized to enter into this Agreement pursuant to ARIZ. REv. STAT. §11-952. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the promises and covenants set forth below, the parties hereby agree as follows: 1. Term: Termination. This Agreement shall commence upon the date set forth above and shall remain in full force and effect for a period of one year thereafter. This Agreement shall automatically renew for successive one-year periods unless, not less than thirty days prior to the end of the initial term or any extension thereof either party shall give notice to the other of its intent not to renew this Agreement on the anniversary date thereof. Either party may terminate this Agreement on thirty days written notice to the other party at the addresses indicated below. 9196.004\FHUSD IGA.doc 12-10-03-1 2. Town's Obligations. The Town shall provide the District with access to Channel 99 and with limited technical assistance to the District or its students with production assistance 1%W for programming to be placed on Channel 99. 3. District Obligations. The District shall: a. Channel 99 contents. The District shall be responsible for any and all determinations as to the content of programming to be placed on Channel 99. In making such determinations, the District hereby agrees that it shall fully comply with any restrictions upon such programming created by any applicable federal, state or local law, including but not limited to the Federal Cable Act. b. Production Responsibilities. The District shall be solely responsible for presenting tot the Town video material in a form ready for broadcast such that no significant Town staff time is required to prepare such material for broadcast on Channel 99. C. Indemnity. To the fullest extent permitted by law, the District shall defend, indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and employees for, from and against all claims, damages, losses and expenses (including but not limited to attorneys' fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the District, its employees, agents, or any tier of subcontractors in the performance of this Agreement. District's duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or destruction of property, including loss of use resulting therefrom, caused by any acts, errors, mistakes, omissions, work or services in the performance of this Agreement of any employee of the District or any tier of subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the District may be legally liable. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 4. Notices and Request. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified. Return receipt requested, to the address set forth below (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: If to the Town: Town of Fountain Hills 16836 E. Palisades Boulevard Fountain Hills, Arizona 85269 Facsimile: 480-837-3145 Attn: Tim Pickering, Town Manager 9196.004\FHUSD IGA.doc 12-10-03-1 2 With copy to: JORDEN, BISCHOFF, MCGUIRE & ROSE, P.L.C. `w 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to the District: rK0,6111 l e .—�®l /S With a copy to: ,Oil /: �. or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (iv) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 5. Severability and Savings. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion without inequity to the party(ies). 6. Entire Agreement. This Agreement comprises the entire agreement of the parties and supersedes any and all other agreements or understandings, oral and written, whether previous to the execution hereof or contemporaneous herewith. 7. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona. 8. Cancellation. The parties hereto acknowledge that this Agreement is subject to cancellation pursuant to ARIZ. REv. STAT. § 38-511. 9196.004\FHUSD IGA.doc 12-10-03-1 IN WITNESS WHEREOF, the Town of Fountain Hills and the Fountain Hills Unified School District have executed this Agreement as of the date first set forth above. "Town" "District" TOWN OF FOUNTAPST HILLS, an Arizona, FOUNTAIN HILLS UNIFIED SCHOOL municipal corppratio DISTRICT NO. 98, an Arizona school district By: By; W. J. chols, or r. Marian K. Hermie Superintendent of Schools ATTEST: In accordance with the requirements of ARIZ. REv. STAT. § 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 is within the povf r and authority gran he laws of the State of Arizona. Gary L._ Lassen , Attorney for the District Jennings, S/trous{s� &� almon, P.L.C. J J iV f Andr&w J. McGuire, Fountain Hills Town Attorney 9196.004THUSD IGA.doc 12-11-03-1 4 rMarian K. Hermie, Ed.D. Superintendent Fountain Hills Unified School District #98 Cathy A. Campin, CPA Assistant Superintendent for Support Services MEMO TO: Bevelyn Bender, Town Clerk FROM: Jeanette Simmons, Executive Assistant DATE: March 19, 2004 SUBJ: IGA relating to Channel 99 Enclosed is the Intergovernmental Agreement between the Town of Fountain Hills and Fountain Hills Unified School District #98 relating to Channel 99. It was approved by the Fountain Hills Governing Board at their regular meeting on Wednesday, March 17, 2004. If you have any question please feel free to contact me. Thank you. Jeanette Simmons, Executive Assistant 16000 E. Palisades Blvd. Fountain Hills, AZ 85268 480-664-5011 16000 E. Palisades Blvd., Fountain Hills, Arizona 85268 (480) 664-5000 Phone (480) 664-5099 Fax Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:❑ Regular:® Meeting Date: 12/18/03 Contact Person: McGuire Requesting Action:❑ Tvne of Document Needing Approval (Check all that a ❑ Public Hearing Z 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 L1,11 ,ua ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: CONSIDERATION of RESOLUTION 2003-72 approving and Intergovernmental Agreement with the Salt River Pima — Maricopa Indian Community for Proposition 202 funding. Staff Recommendation: Approve Fiscal Impact: Yes 12,330 Purpose of Item and Background Information: r To approve a one-time transfer of Proposition 202 from the Salt River Pima.-Maricopa Indian Community to the Boys and Girls Club of Scottsdale for purchase of a passenger van. The agreement specifically provides that this funding mechanism is approved on a one-time basis only and that all future funding requests will come only through the Town. The Town Manager met with representatives of the Salt River Pima Indian Community on 12-11-03. They asked that the Town accept this "one-time" donation. The Salt River Pima Indian Community has to distribute the funds before the end of the year or the monies will be distributed to the State. The Salt River Pima Indian representative stated that they are requesting this consideration to begin a long and healthy relationship with Fountain Hills. All future grant requests would first go through the Town and is reflected in the change in the attached resolution. List All Attachments as Follows: Redlined and clean version of the IGA and Resolution 2003-72 Type(s) of Presentation: Verbal Signatures of Submitting Staff: Department Head / Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) cAdocuments and settings\bbender.puttland\local settings\temporary internet files\olk7a\2003-72 srpmic iga.cvrl.doc 1gWW Eq RESOLUTION NO.2003-72 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY FOR PROPOSITION 202 FUNDING. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement (the "Agreement") between the Town of Fountain Hills and the Salt River Pima-Maricopa Indian Community for Proposition 202 funding 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 carry out the purpose and intent of this Resolution. PASSED AND Arizona, December 151, FOR W. J. NicKols, Mayor BY the Mayor and Council of the Town of Fountain Hills, FOUNTAIX/HILLS: ATTESTED TO: 9196.001\ ..\2003-72 SRPMIC IGA res.doc 12-12-03-1 AW)WILIP111 1110ME 117"Iff PrIVA -I APPROVED AS TO FORM: - nc- I A, k --" Andrew J. McGuire, Town Attorney RECEIVED DEC 3 0 2003 FOUNTAIN HILLS TOWN MEM INTERGOVERNMENTAL AGREEMENT """ BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is entered into by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and the Salt River Pima-Maricopa Indian Community (the "Community"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions ("Section 12") of the Salt River Pima-Maricopa Indian Community and State of Arizona Gaming Compact 2002 (the "Compact") and A.R.S. § 5-601.02. RECITALS A. Town and Community may enter into an agreement with one another for the distribution of 12% of the Community's annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties for services that benefit the general public or promote commerce and economic development and pursuant to A.R.S. § 5-601.02. B. The Community is empowered to consult, negotiate and enter into agreements with Federal, state, local governments and Indian tribes, as well as any person, association, partnership, corporation, government or other private entity. C. The Town is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes for the purpose of accepting distributions to cities, towns or counties for services that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of commerce and economic development. D. The Community intends to provide $25,000.00 (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 provide for the purchase of a passenger van to be utilized in connection with the operations of the Boys and Girls Clubs of Scottsdale (the "Boys and Girls Club"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the Community and the Town, hereby mutually agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Funds. Contemporaneously with the execution of this Agreement, the Community and the Boys and Girls Club are executing a Funding Agreement describing the use the Boys and Girls Club will make of the Funds. The Town and the Community expressly agree and understand that the sk.., distribution mechanism established in this Agreement shall be for the purpose of this Agreement 9196.004\SRPMIC IGA — Prop202.v3.doc 12-11-03-1 only and that any further funding requests under Section 12(b)(1) of the Compact shall be *"" presented directly to the Town, which may, in its sole discretion, determine whether a funding request shall be submitted to the Community. 2. Contribution. The Community shall make a payment to the Town in the amount of $25,000. The Funds shall be delivered to the Town, without any notice or invoice required, at the address set forth in Section 11 below, not later than December 31, 2003. 3. Disbursement of Funds. Promptly after receipt of the Funds, the Town shall send a payment to the Boys and Girls Club in the amount of the payment received from the Community. 4. Consideration and Reliance. The Community expressly acknowledges that the Town's promise to accept and disburse to the Boys and Girls Club all funds received by the Town pursuant to this Agreement is full and adequate consideration and shall render this promise to provide funding irrevocable, and this Agreement shall constitute a binding obligation of the Community under applicable law. 5. Non -Liability of Town. The Community further expressly agrees that it was solely responsible for determining that the distribution of the Funds to the Boys and Girls Club is permissible under Section 12 of the Compact. The Town has no duties under or related to this Agreement other than to receive the Funds and deliver same to the Boys and Girls Club. The Parties agree that there are no third -party beneficiaries to this Agreement. 6. Effective Date. This Agreement shall be effective on the date it is signed by the Community's authorized representative. 7. Term. This Agreement shall commence upon the Effective Date and shall terminate on the date Funds have been disbursed to the Boys and Girls Club. 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superceded and merged herein. 9. Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. 10. 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. 11. 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) 9196.00MSRPMIC IGA—Prop202.v3.doc 12-11-03-I 2 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 recognized and reputable overnight delivery service, to the address set forth below: Im For the Community: President Joni M. Ramos Salt River Pima-Maricopa Indian Community 10005 East Osborn Road Scottsdale, AZ 85256 For the Town of Fountain Hills: Timothy Pickering, Town Manager Town of Fountain Hills 16836 Palisades Boulevard Fountain Hills, AZ 85268 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage 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. 11. 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. 12. Limited Waiver of Sovereign Immunity. Nothing in this Agreement shall be construed to waive the Sovereign Immunity of the Community; provided, however, that the Community hereby provides a limited waiver of its sovereign immunity for the sole purpose of resolving any disputes that may arise between the Town and the Community relating to this Agreement. Any disputes arising between the Parties, if not resolved informally, shall be resolved through binding arbitration under the American Arbitration Association. 13. Conflict of Interest. The Community and the Town hereby acknowledge that this Agreement is subject to cancellation by the Town pursuant to the provisions of A.R.S. § 38-511. 9196.004\SRPMIC IGA — Prop202A.doc 12-11-03-1 IN WITNESS WHEREOF, the Town of Fountain Hills and the Salt River Pima- Maricopa Indian Community have entered into this Agreement as of the date of the last signature below. SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY VM. Ramos, President ATTEST: etary Date The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the Community, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted to the Community. This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Salt River Pima-Maricopa Indian Community. obert L. Hunter, Jr eral Counsel ate TO FOUNT . I�II,LS L / / Timothy Pickering, Town Mager Date ATTEST: In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the Town of Fountain Hills and, 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 ority granted under the laws of the State of Arizona. Andrew J. McGuire, Town Attorney Date 9196.004\SRPMIC IGA — Prop202.v3.doc 12-11-03-1