HomeMy WebLinkAbout2004.0506.TCREM.PacketNOTICE OF REGULAR AND EXECUTIVE SESSION
OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Vice Mayor Rick Melendez Councilwoman Kathleen Nicola
Councilwoman Leesa Stevens Councilman John Kavanagh
Councilman Mike Archambault Councilwoman Susan Ralphe
WHEN: THURSDAY, May 6, 2004
TIME: 5:30 P.M. EXECUTIVE SESSION
6:30 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B
16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ
(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 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 ROLL CALL — Mayor Nichols
/
1.) Pursuant to A.R.S. §38-431-03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR:
Discussion or consultation with the attorneys of the public body in order to consider its position and
instruct its attorneys regarding the public body's position regarding contracts that are the subject of
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negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to
avoid or resolve litigation. (Specifically, the Town Hall lease)
2.) RETURN TO REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols
INVOCATION — Cantor Howard Tabaknek, Beth Hagivot — Fountain Hills
ROLL CALL — Mayor Nichols
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda.
Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and
manner restrictions. The Council will not discuss or take legal action on matters raised during "Call to the Public"
unless the matters are 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 4/13/04 and
4/15/04.
*2.) CONSIDERATION of RESOLUTION 2004-19 abandoning whatever right, title, or interest
the Town has in certain public utility and drainage easements located at the northerly property
lines of Lot 24, Block 2, Plat 602A (15812 E. El Lago Blvd.) as recorded in Book 161 of Maps,
Page 42, Records of Maricopa County, Arizona EA04-04 (Mollins/Bryan).
*3.) CONSIDERATION of RESOLUTION 2004-22 abandoning whatever right, title, or interest
the Town has in certain public utility and drainage easements located at the northerly property
lines of Lot 29, Block 2, Plat 603C (15916 E. Cholla Dr.) as recorded in Book 161 of Maps,
Page 43, Records of Maricopa County, Arizona EA04-05 (Decicco).
*4.) CONSIDERATION of RESOLUTION 2004-24 abandoning whatever right, title, or interest
the Town has in certain public utility and drainage easements located at the northerly property
lines of Lot 2, Block 3, Plat 604A (15213 E. Palomino Blvd.) as recorded in Book 161 of Maps,
Page 16, Records of Maricopa County, Arizona EA04-06 (Deerefield Homes Ltd.).
*5.) CONSIDERATION of AUTHORIZING the Mayor to execute a deed reverting former fire
district real property back to MCO.
*6.) CONSIDERATION of ORDINANCE 04-08, amending the Town of Fountain Hills Tax Code
to clarify the adoption of Model Option 5B (applying the tax to persons with one unit) as
directed by the Town Council; providing penalties for the violation thereof; providing for
5 min
severability; and designating an effective date.
REGULAR AGENDA
7.) CONSIDERATION of approving a CONTRACT with Maximus, Inc. for strategic planning
30 min
services in the amount of $104,678.
15 min
8.) QUARTERLY REPORT from the Fire Department and Law Enforcement.
9.) PUBLIC HEARING to receive comment on ORDINANCE 04-07, which is a Zoning
Ordinance Text amendment that would allow administrative approval for cuts greater than 10
30 min
feet for basement/walkout structures; Case #ZTA2003-09.
10.) CONSIDERATION of ORDINANCE 04-07, which is a Zoning Ordinance Text amendment
that would allow administrative approval for cuts greater than 10 feet for basement/walkout
15 min
structures; Case #ZTA2003-09.
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11.) CONSIDERATION of the adoption of the maximum amount for the Fiscal Year 2004-2005
TENTATIVE BUDGET with appropriate direction to publish said document in accordance
with state law. The Council may address any or all items contained in the budget document
60 min
and initiate any suggested changes prior to adoption.
12.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths
min
and weaknesses and discuss possible improvements for future meetings.
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
Council:
5 min
A. Vice Mayor Melendez: Placing the discussion of alternative fire services for the
Town of Fountain Hills on a future agenda for action.
14.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
9:45 p.m.
15.) ADJOURNMENT.
DATED this 4 h day of May, 2004 gx&-b zze"L"
Bevelyn J. B der, n Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-
800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda
information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review
in the Clerk's office.
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NEWS RELEASE
Town of Fountain Hills <> P.O. Box 17958 <> 16836 E. Palisades Boulevard
Fountain Hills, Arizona 85269 <> 480.836-2003 <> 480.837-3145 FAX <>
www.Eh.az.gov
FOR IMMEDIATE RELEASE APRIL 30, 2004
CONTACT: Tim PICKERING,
Town Manager
(480) 816-5107 and tpickering(cDfh.az.gov
Settlement Reached in Hansen Lawsuit
On Thursday, April 1, 2004, the Fountain Hills Town Council authorized the Mayor to
execute a settlement agreement between the Town and Cassie Hansen, ending a $2 Million
lawsuit filed by Ms. Hansen relating to her departure from the Town's employment.
The settlement agreement calls for a payment from the Town to Ms. Hansen in the
amount of $112,500. The Town will be required to contribute its deductible of $5,000 and the
remainder will come from the Town's insurer. The settlement agreement specifies that the Town
is not admitting any liability or wrongdoing, only that it desired to resolve the matter before
incurring the burden, expense and delay of further litigation. "The Council believed that it was
in the Town's best interest to resolve this matter now and avoid the legal costs to both sides that
would result from proceeding to trial," said Fountain Hills Town Manager, Tim Pickering.
The settlement agreement contains all of provisions set forth in the terms of settlement
document signed by the Town and Ms. Hansen at a mediation held on March 18, 2004, except
for the requirement that the parties author a mutually agreed -upon press release; a provision that
was waived by Ms. Hansen after the mediation.
"The Town believes that this is a good resolution to an unfortunate situation," said
Fountain Hills Mayor Wally Nichols. For more information contact Town Manager Tim
Pickering at 480-816-5107.
BE
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type:: Regular Meeting
Submitting Department: Administration
Consent:® Regular:❑
Meeting Date: 5/6/04
Contact Person: BBender
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: Draft Minutes
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 approving the council meeting minutes of 4/13/04 and
4/15/04.
Staff Recommendation: Approve Fiscal Impact: No $00
Purpose of Item and Background Information: To approve the council meeting minutes for archival purposes.
List All Attachments as Follows: Draft meeting minutes from 4/13/04 and 4/15/04.
Type(s) of Presentation: none
Signatures of Submitting Staff:
1 1 P/ r
40, 0 m - Iwo I P, 01 V
Department *C-ell-
i
• anager
Budget Review
(if item not budgeted or exceeds budget amount)
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 5/6/04
Contact Person: Tom Ward
Requesting Action:®
Tyne 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:
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 RESOLUTION 2004-19 abandoning whatever right, title, or
interest the Town has in a portion of the public utility easement located at the northerly property line of Lot 24,
Block 2, Plat 602A (15812 E. El Lago Blvd.) as recorded in Book 161 of Maps, Page 42, Records of Maricopa
County, Arizona. EA04-04 (MollinsBryan)
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Applicants requested the abandonment in order to fence in
their pool.
List All Attachments as Follows: Staff memo, resolution, exhibit
Type(s) of Presentation: None
Signatures of Submitting Staff:
partment Head
Town Manager
Budget Review
(if item not budgeted or exceeds budget amount)
RA
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: March 23, 2004
FR: Art Candelaria, Civil Enginee
RE: Easement Abandonment 04-04
Randy Harrel, Town Engineer
15812 E. El Lago Blvd.
Reviewed: Tom Ward, Director of Public Works
Plat 602A, Block 2, Lot 24
This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility
easement located at the northerly property line of Plat 602A, Block 2, Lot 24 (15812 E. El Lago
Blvd) as shown in Exhibit "A". The property owner of Lot 24 desires 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 owner of Lot 24 is required to pass the developed flows generated
by the upstream lots across their property.
Staff recommends approval of Resolution 2004-19.
Eric: Resolution
Exhibit
C: Richard Mollins, Jr. & Amalie Bryan
Thelma Calhoun
Ralph Caracci
John Shepard
EAAbandonment Letters and Resolutions\EA04-04 - 602A-2-24.doc
il
RESOLUTION 2004-19
k%W A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10')
FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTHERLY LOT
LINE OF LOT 24 BLOCK 2, OF PLAT 602A, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 161 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 the certain ten (10) foot public utility easement, located along the
northerly property lot line of Plat 602A, Block 2, Lot 24, Fountain Hills, as recorded in book 161 of
maps, page 42 records of Maricopa County, and as more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, is hereby declared to be abandoned by the
Town.
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 2004-19, 602A-2-24 EA04-04.doc
1
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 602A BLOCK 2 LOT 24
EL LAGO BLVD
N
WE
S
0 20' 40'
SCALE: 1" = 40'
DATE: 3-18-04
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date:. 5/6/04
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 t
❑ 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 2004-22 abandoning whatever right, title, or
interest the Town has in a portion of the public utility easement located at the northerly property line of Lot 29,
Block 2, Plat 603C (15916 E. Cholla Drive) as recorded in Book 161 of Maps, Page 43, Records of Maricopa
County, Arizona. EA04-05 (Decicco)
Staff Recommendation: Approve Fiscal Impact: No
Purpose of Item and Background Information: Abandonment requested in order to construct a retaining wall
and pool.
List All Attachments as Follows: Staff memo, resolution, exhibit
Type(s) of Presentation: None
Signatures of Submitting Staff:
De artment Hem
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: April 12, 2004
FR: Art Candelaria, Civil Engine
RE: Easement Abandonment 04-05
Randy Harrel, Town Enginee
lublic
15916 E. Cholla Drive
Reviewed: Tom Ward, Direct of Works
Plat 603C, Block 2, Lot 29
This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility
easement located at the northerly property line of Plat 603C, Block 2, Lot 29 (15916 E. Cholla
Drive) as shown in Exhibit "A". The property owner of Lot 29 desires 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 owner of Lot 29 is required to pass the developed flows generated
by the upstream lots across their property.
Staff recommends approval of Resolution 2004-22.
Enc: Resolution.
Exhibit
C: Kurt & Kristina Decicco
Samuel & Wilma Brooks
Steven & Jennifer Shaffer
\\earth\BBrannon\Abandonment Letters and Resolutions\EA04-05 - 603C-2-29.doc
RESOLUTION 2004-22
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TEN (10')
FOOT PUBLIC UTILITY EASEMENT ALONG THE NORTHERLY LOT
LINE OF LOT 29 BLOCK 2, OF PLAT 603C, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 43,
RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'),
as the governing body of real property located in the Town of Fountain Hills (the "Town"), may
require the dedication of public streets, sewer, water, drainage, and other utility easements or rights -
of -way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of
private property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That the certain ten (10) foot public utility easement, located along the
northerly property lot line of Plat 603C, Block 2, Lot 29, Fountain Hills, as recorded in book 161 of
maps, page 43 records of Maricopa County, and as more particularly described in Exhibit A,
attached hereto and incorporated herein by reference, is hereby declared to be abandoned by the
Town.
SECTION"). 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 2004-22, 603C-2-29 EA04-05.doc
1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
May 6, 2004.
r..
FOR T FOUNTAIN T -S: ATTESTED TO:
A
`�E'��� lam,
W.. , , a Nicholsyor Bevelyn J. Ben�er, Tgwn Clerk
REVIEWE Y: APP VED AS TO FORM:
ti
e }
Tim d Pickering, Town Manager Andrew J. McGuire, Town Attorney
Resolution 2004-22, 603C-2-29 EA04-05.doc
N
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 603C BLOCK 2 LOT 29
-
-
R
- 0-
— N-
-
- 0-
- 0-
- 0-
-
-
H es So
,
LOT 30
N ��
ABANDON 10'
P.U.E & D.E.
BLOCK 2 4z
LOT 29
cvj
W q S H
o42 LOT 28
\ R
4 � 1p `34
>8 9pp,
\ ,qz: C
LOT 3
N w�
W E LOT 4
S
0 20' 40'
SCALE: 1" - 40'
DATE: 3-31-04
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Public Works
Consent:® Regular:❑
Meeting Date: 5/6/04
Contact Person: Torn Ward
Requesting Action:®
Tvue 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:
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 RESOLUTION 2004-24 abandoning whatever right, title, or
interest the Town has in a portion of the public utility easement located at the westerly and southerly property
lines of Lot 2, Block 3, Plat 604A (15213 E. Palomino Blvd.) as recorded in Book 165 of Maps, Page 16, Records
of Maricopa County, Arizona. EA04-06 (Deerefield Homes)
Staff Recommendation: Approve Fiscal Impact: No
Purpose of Item and Background Information: Request for abandonment submitted April 2, 2004.
List All Attachments as Follows: Staff memo, resolution, exhibit
Type(s) of Presentation: None
Signatures of Submitting Staff:
64
D artment Hea
r
v' 1-)-�
ToWi 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: April 12, 2004
FR: Art Candelaria, Civil Engineer
RE: Easement Abandonment 04-06
Randy Harrel, Town Engineer
15213 E. Palomino Blvd.
Reviewed: T d, Directo
lic Works
Plat 604A, Block 3, Lot 2
This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public utility
easement located at the westerly and southerly property lines of Plat 604A, Block 3, Lot 2 (15213
E. Palomino Blvd) as shown in Exhibit "A". The property owner of Lot 2 desires 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 northerly 10' of the
westerly 10' public utility easement will be retained for existing and potential future utility boxes.
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 owner of Lot 2 is required to pass the developed flows generated by
the upstream lots across their property.
Staff recommends approval of Resolution 2004-24.
Enc: Resolution
Exhibit
C: Deerefield Homes Ltd.
George & Virginia Sneller
Lynn & Elisabeth Reynolds
A.J. & Antoinette Miller
Robert & Ruth Berg
EAAbandonment Letters and Resolutions\EA04-06 - 604A-3-2.doc
RESOLUTION 2004-24
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 EASEMENT ALONG THE
WESTERLY AND SOUTHERLY LOT LINES OF LOT 2 BLOCK 3, OF
PLAT 604A, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK
165 OF MAPS, PAGE 16, 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 easement, located
along the westerly and southerly property lot lines of Plat 604A, Block 3, Lot 2, Fountain Hills, as
recorded in book 165 of maps, page 16 records of Maricopa County, and as more particularly
described in Exhibit A, attached hereto and incorporated herein by reference, is hereby declared to
be abandoned by the Town.
SECTTON 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 2004-24, 604A-3-2 EA04-06.doc
1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
May 6, 2004. i
FOR TH OWN F'F'OUNTAIN H S: ATTESTED TO:
W.J. Nichols, Mayor
REVIEWER B ,z
't
Tim . Pickering, Town Manager
Resolution 2004-24, 604A-3-2 EA04-06.doc
2
Bevelyn J. BenderfTown Clerk
AP OVED AS TO FORM:
An J. McGuire, Town Attorney
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 604A BLOCK 3 LOT 2
LOT 10
oM�NO
/ T
ro.
LOT 1
r
1,
rr o oy
h�
•. 1
d�
G
BLOCK 3
LOT 2
/ ABANDON 10'
P.U.E & D.E.
LOT 1
N
WE
S
0 20' 40'
SCALE: 1" = 40'
DATE: 4-12-04
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I I
I I
I J
LOT 9
1
ABANDON 10' D.E.
RETAIN 10' P.U.E
N \ �
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\N�'7Q oo, o LOT 3
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Town Attorney
Meeting Date: May 6. 2004
Contact Person: McGuire
Consent:® Regular:❑ 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 Anorooriate 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 AUTHORIZING the Mayor to execute a deed reverting
former fire district real property back to MCO.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: See attached memorandum.
List All Attachments as Follows: memo
Type(s) of Presentation: None
Signatures of Submitting Staff:
Department Head
%-
Town Manager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
LAW OFFICES
JORDEN BISCHOFF
MCGuIRE ROSE & HISER
TO
FROM:
P.L.C.
MEMORANDUM
Mayor and Town Council
Town Manager
Andrew J. McGuire, Town Attorney
DATE: April 27, 2004
SUBJECT: Reversion of former fire district property
7272 E. INDIAN SCHOOL ROAD, SUITE 205
SCOTTSDALE, ARIZONA 85251
TELEPHONE: 480-505-3900
FACSIMILE: 480-505-3901
ANDREW J. MCGUIRE
DIRECT LINE: 480-505-3905
e-mail: amcguire@jordenbischoff.com
On February 9, 1998, the Fountain Hills Volunteer Fire District (the "Fire District") received a
piece of property from MCO for use as a future fire station. Unfortunately, the deed from MCO
to the Fire District was restricted such that if the Fire District did not "occupy the Property for
use as a fire station and erect thereon a building suitable for such purpose" prior to sixty months
from the date of recordation the deed (March 13, 1998), the parcel would automatically revert
back to MCO.
As you all are aware, the Town of Fountain Hills (the "Town") took on all of the assets and
liabilities of the Fire District on October 31, 2001. Thus, it became the Town's responsibility to
build a fire station on the site within five years. The five year effective period for the transfer
from MCO to the Fire District has now passed and the Town has not erected a fire station on the
site. Therefore, while the Town is currently the title holder to the parcel of land pursuant to the
special warranty deed from MCO to the Fire District, it must now execute a quit claim deed back
to MCO pursuant to the terms of that same deed. Unfortunately, the deed from MCO to the Fire
District also does not allow for the time period to be extended. This is a mere house -keeping
matter to authorize the Mayor to sign the deed. As always, I will be happy to answer any
questions that you might have.
9196.001\Council.nu .MCO Rewnendoc
4-27-04-1
U�
When Recorded Mail To:
MCO Properties L.P.
Attn: Jamie Rodgers
16930 E. Palisades Blvd.
Fountain Hills, Arizona 85268
QUIT CLAIM DEED
For the consideration of Ten Dollars, and other valuable considerations, the Town of Fountain Hills,
an Arizona municipal corporation, successor in interest to Fountain Hills Volunteer Fire District
("Grantor") does hereby quit claim to MCO Properties L.P., a Delaware limited partnership
("Grantee"), pursuant to the reversionary clause in that certain Special Warranty Deed dated
February 9, 1998, and recorded March 13, 1998, No. 98-0196237, Office of the Recorder, Maricopa
County, Arizona, all right, title, and interest held by Grantor in the following real property situated
in Maricopa County, Arizona:
SEE ATTACHED EXHIBIT "A"
DATED: �( , 2004.
T(
tff
-3
ACKNOWLEDGMENT
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on 2004, by W. J.
Nichols, the Mayor of Town of Fountain Hills, an Arizona mu ' ipal corporation, on behalf of the
Town of Fountain Hills.
Notary Public Wand r e State of Arizona
My Commission Expires:
OFFICIAL SEAL
BEVELYN J. BENDER
fi---§'�Nota4Lblic - State of Arizona
RICOPA COUNTY
My cumin. c>,plree Aud. 28, 2007
91
3-24-04-1
EXHIBIT "A"
(Fire Station Parcel)
A portion of Parcel "A" of FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 605-A, according to
the plat of record in the office of the County Recorder of Maricopa County, Arizona, recorded in
Book 164 of Maps, Page 12 and Affidavit of Correction recorded April 22, 1974 in Docket 10617,
Page 23 and more particularly described as follows:
COMMENCING at the most Easterly corner of said Plat 605-A, said corner being on the
Northwesterly right of way line of Fountain Hills Boulevard;
thence South 46 degrees 15 minutes 00 seconds West along said right of way a distance of 731.78
feet to the POINT OF BEGINNING;
thence continuing along said right of way South 46 degrees 15 minutes 00 seconds West a distance
of 257.87 feet to the beginning of a tangent curve concave Northwesterly and having a radius of
1345.00 feet;
thence along the arc of said curve through a central angle of 01 degrees 55 minutes 38 seconds an
are length of 45.24 feet;
thence departing said right of way, North 40 degrees 02 minutes 00 seconds West a distance of
303.80 feet;
thence North 49 degrees 06 minutes 07 seconds East a distance of 283.76 feet;
thence South 43 degrees 45 minutes 00 seconds East a distance of 289.81 feet to the POINT OF
BEGINNING;
EXCEPT all minerals as reserved in Patent from United States of America.
PCL No. 176-13-410A
9196.001.01\Quit Claim.doc
3-24-04-1
When Recorded Return to:
Fountain Hills Volunteer Fire District
`,,, P.O. Box 17621
Fountain Hills, Arizona 85269
Attn: Bob Travis, Chairman
SPECIAL WARRANTY DEED
OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
98-01.96237 03/13/98 04:16
OICHAR 0 t V t
FOR THE CONSIDERATION OF Ten Dollars (S 10.00) and other valuable considerations, NICO
PROPERTIES L.P., a Delaware limited partnership d/b/a MCO Properties Limited Partnership
("Grantor") hereby conveys to Fountain Hills Volunteer Fire District ("Grantee"), the following real
property sim}ated in 1''iar'icapa amount;.,, Arizona (the "Proper^'"):
r- �,
See Exhibit "A" attached hereto and incorporated herein by this reference.
EXCEPT all oil, gases and other hydrocarbon substances, coal, stone, metals.
minerals, fossils, and fertilizers of every name and description, together with all
uranium, thorium, or any other material which is or may be determined to be
peculiarly essential to the production of fissionable materials, whether or not of
commercial value; and
EXCEPT all rights to drill for or otherwise withdraw underground water in, under or
flowing through the Property;
SUBJECT TO all taxes and other assessments, reservations, patents, easements,
covenants, conditions, restrictions, reservations, rights, rights -of -way, obligations and
liabilities that may appear of record, rights or claims of parties in possession and
easements or claims of easements not shown by the public records; encroachments,
roadways, overlaps, conflicts in boundary line, shortages in area and other matters
which would be disclosed by a survey or inspection of the Property; unpatented
mining claims; and all Federal, State, County, District and local laws, ordinances,
reguiations, zoning codes and the like as the same now exist and as may hereafter be
established or amended.
The above -described Property is hereby conveyed solely as the site for a fire station on which
Grantee may conduct any and all business necessary and appropriate to the operation of a fire station,
including, but not limited to: housing, storing and maintaining fire trucks, firefighting equipment,
rescue equipment, and ambulances, and subject to the condition that Grantee shall, within sixty (60)
months from the date of recordation of this deed, occupy the Property for use as a fire station and
HAW MEEDSWHFOAMI. SWD
Feb wy 9. ]"S (9:52=1
19'
lbvised: 7/1/96
Revised: 3/M39
erect thereon a building suitable for such purpose. In the event that Grantee shall fail to occupy the
Property as a fire station or erect such a building within sixty (60) months from the date of
recordation hereof, or in the event that Grantee shall use any part of the Property for purpose other
than as a fire station, or in the event that Grantee shall meet such conditions, but subsequently fail
to use the Property as a fire station, then title to the Property shall immediately revert back and
be vested in Grantor, its successor, or assigns. Grantee, by accepting this conveyance,
acknowledges the foregoing restrictions and revisions and agrees to be bound thereby.
Grantor hereby binds itself and its successors to warrant and defend the title as against all acts of
Grantor herein and none other, subject to the matters above set forth.
DATED this q' day of U 1998.
MCO PROPERTIES L.P.,
a Delaware limited partnership
By: MCO PROPERTIES INC.,
a Delaware corporation, general partner
By: 5
Name: tz I- r
As Its: d P.
Exempt: ARS Sec. 42-1614.A.7
STATE OF ARIZONA
COUNTY OF MARICOPA
This instrument was acknowledged before me on the -2& day of
1998, by Zza moo_ L ;'jam, LJ , ��� � �� of MCd Properties
Inc., general p r of MCO Properties L.P., a Delaware limited partnership, on behalf of said
partnership.
OFFICIAL SCAL
��URA PETERSEN
'• `amr % ;Wl:c • State of ArlZorr
M ARICOPA COUNTY
' der timm. apiree Sept 17.2001
HAWMEEDS IPWORM7.SW0
February 9. 1"a (2:50am)
M
Notary Public
In and for the State of Arizona
Printed Name
My Commission Expires: a
20 prised: 7/1/98
Devised: 3/8/99
EXHIBIT "A"
Im
PARCEL NO. 131: (FIRE STATION.PARCEL)
A portion of Parcel "A", of FOUNTAIN HILLS ARIZONA FINAL PL•.:7
NO. 605-A, according to the plat of record in the office of the
County Recorder of Maricopa County, Arizona, recorded in Book 164
of Maps, Page 12 and Affidavit of Correction recorded April 22,
1974 in Docket 10617, Page 23 and more particularly described as
follows:'
COMMENCING at the most Easterly corner of said Plat 605-P_, said
corner being on the Northwesterly right of way line of Fountain
Hills Boulevard;
thence South 46 degrees 15 minutes 00 seconds West along said right
of way a distance of 731.78 feet to the POINT OF BEGINNING;
thence continuing along said right of way- South 46 degrees 15
minutes 00 seconds West a distance of 257.87 feet to the beginninc
of a tangent curve concave Northwesterly and having a radius of
1345.00 feet;
thence along the arc of said curve through a central angle of 01
degrees 55 minutes 38 seconds an arc length of 45.24 feet;
thence departing said right of way, North 40 degrees 02 minutes 00
seconds West a distance of 303.80 feet;
thence North 49 degrees 06 minutes 07 seconds East a distance cf
283.76 feet;
thence South 43 degrees 45 minutes 00 seconds East a distance of
289.81 feet to the POINT OF BEGINNING;
EXCEPT all minerals as reserved in Patent from united States of
America.
21 Fi--' a: 7/1/S6
Fevised: ;/8/
When Recorded Mail To:
MCO Properties L.P.
Attn: Jamie Rodgers
16930 E. Palisades Blvd.
Fountain Hills, Arizona 85268
QUIT CLAIM DEED
For the consideration of Ten Dollars, and other valuable considerations, the Town of Fountain Hills,
an Arizona municipal corporation, successor in interest to Fountain Hills Volunteer Fire District
("Grantor") does hereby quit claim to MCO Properties L.P., a Delaware limited partnership
("Grantee"), pursuant to the reversionary clause in that certain Special Warranty Deed dated
February 9, 1998, and recorded March 13, 1998, No. 98-0196237, Office of the Recorder, Maricopa
County, Arizona, all right, title, and interest held by Grantor in the following real property situated
in Maricopa County, Arizona:
SEE ATTACHED EXHIBIT "A"
DATED: % , 2004.
TOWN O TAB HILLS,
an "ona munici corporation
j.
By•
W. J. h ' s, ayor
ACKNOWLEDGMENT
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me on a e !� , 2004, by W. J.
Nichols, the Mayor of Town of Fountain Hills, an Arizona mun' ipal corporation, on behalf of the
Town of Fountain Hills.
/77
Notary Public Wand Wr7tVe State of Arizona
My Commission Expires:
OFFICIAL SEAL
BEVELYN J. BENDER
Nolar PubI1C . Sleta of Arizona
MARICOPA COUNTY
141�pt;My COMIMI. oHpuac Aug. 28, 2007
91
3-24-04-1
EXHIBIT "A"
(Fire Station Parcel)
A portion of Parcel "A" of FOUNTAIN HILLS ARIZONA FINAL PLAT NO. 605-A, according to
the plat of record in the office of the County Recorder of Maricopa County, Arizona, recorded in
Book 164 of Maps, Page 12 and Affidavit of Correction recorded April 22, 1974 in Docket 10617,
Page 23 and more particularly described as follows:
COMMENCING at the most Easterly corner of said Plat 605-A, said corner being on the
Northwesterly right of way line of Fountain Hills Boulevard;
thence South 46 degrees 15 minutes 00 seconds West along said right of way a distance of 731.78
feet to the POINT OF BEGINNING;
thence continuing along said right of way South 46 degrees 15 minutes 00 seconds West a distance
of 257.87 feet to the beginning of a tangent curve concave Northwesterly and having a radius of
1345.00 feet;
thence along the arc of said curve through a central angle of 01 degrees 55 minutes 38 seconds an
arc length of 45.24 feet;
thence departing said right of way, North 40 degrees 02 minutes 00 seconds West a distance of
303.80 feet;
thence North 49 degrees 06 minutes 07 seconds East a distance of 283.76 feet;
thence South 43 degrees 45 minutes 00 seconds East a distance of 289.81 feet to the POINT OF
BEGINNING;
EXCEPT all minerals as reserved in Patent from United States of America.
PCL No. 176-13-410A
9196.001.01 \Quit Claim.doc
3-24-04-1
When Recorded Return to:
Fountain Hills Volunteer Fire District
P.O. Box 17621
Fountain Hills. Arizona 85269
Attn: Bob Travis, Chairman
SPECIAL WARRAlYTY DEED
I� fill �-fill 11URNIGII1!1Ili1!!OFFICIAL RECORDS OF
MARICOPA COUNTY RECORDER
I
98-01.96237 03/13/98 04,:1c
II ICHAR I L V L
FOR THE CONSIDERATION OF Ten Dollars (S 10.00) and other valuable considerations, NfC0
PROPERTIES L.P., a Delaware limited partnership d/b/a MCO Properties Limited Partnership
("Grantor") hereby conveys to Fountain Hills Volunteer Fire District ("Grantee"), the following real
property sinuated in LNfaricapa County, Arizona (tile "Propert ,"):
See Exhibit "A" attached hereto and incorporated herein by this reference.
EXCEPT all oil, gases and other hvdrocarbon substances, coal, stone, metals.
minerals, fossils, and fertilizers of every name and description, together with all
uranium, thorium, or any other material which is or may be determined to be
peculiarly essential to the production of fissionable materials, whether or not of
commercial value; and
EXCEPT all rights to drill for or otherwise withdraw underground water in, under or
flowing through the Property;
SUBJECT TO all taxes and other assessments, reservations, patents, easements,
covenants, conditions, restrictions. reservations, rights, rights -of -way, obligations and
liabilities that may appear of record, rights or claims of parties in possession and
easements or claims of easements not shown by the public records; encroachments,
roadways, overlaps, conflicts in boundary line, shortages in area and other matters
which would be disclosed by a survey or inspection of the Property; unpatented
mining claims; and all Federal, State, County, District and local laws, ordinances,
regulations, zoning codes and the like as the same now exist and as may hereafter be
established or amended.
The above -described Property is hereby conveyed solely as the site for a fire station on which
Grantee may conduct any and all business necessary and appropriate to the operation of a fire station,
including, but not limited to: housing, storing and maintaining fire trucks, firefighting equipment,
rescue equipment, and ambulances, and subject to the condition that Grantee shall, within sixty (60)
months from the date of recordation of this deed, occupy the Property for use as a fire station and
H:IWFIDEE TTWORM7 SWO
Febmwy 9. 199t (t:12am I
19.
Fe.r-: 7/1/98
RevLgerd: 3/8/99
erect thereon a building suitable for such purpose. In the event that Grantee shall fail to occupy the
Property as a fire station or erect such a building within sixty (60) months from the date of
recordation hereof, or in the event that Grantee shall use anv part of the Property for purpose other
than as a fire station, or in the event that Grantee shall meet such conditions, but subsequently fail
to use the Property as a fire station, then title to the Property shall immediately revert back and
be vested in Grantor, its successor, or assigns. Grantee, by accepting this conveyance,
acknowledges the foregoing restrictions and revisions and agrees to be bound thereby.
Grantor hereby binds itself and its successors to warrant and defend the title as against all acts of
Grantor herein and none other, subject to the matters above set forth.
DATED this Q-,,,, day of 1998.
MCO PROPERTIES L.P.,
a Delaware limited partnership
By: MCO PROPERTIES INC.,
a Delaware corporation, general partner
Bv: 5
Name: 45;ee�m�i S-. f3f tz c. r
As Its: d P.
Exempt: ARS Sec. 42-1614.A.7
STATE OF ARIZONA §
COUNTY OF MARICOPA §
This instrument was acknowledged before me on the day of
1998, by zLa cc����, t of MCOS Properties
Inc., general partner of -CO Properties L.P., a'Delaware limited partnership, on behalf of said
partnership.
• OFFICIAL SrAL
AURA PETERSEN
. :+:r.�w %uul:C • Stab of Artzona
%.ARICOrA COUNTY
`w:• canr'„ asposa Sept. 17. 20M
HAW M0EEDSVJ-W 0RM7.5 W D
February 9. 19" (2:50aml
Notary Public
In and for the State of Arizona
/PLC G/ e G r
Printed Name
My Commission Expires: a
CV n 1Lsed: 1/1/9B
lensed: 3/8/99
EX373IT "A"
PARCEL NO. 131: (FIRE STATION.PARCEL)
�r.
A portion of Parcel "A", of FOUNTAIN HILLS ARIZC,\1A FiN AL p_•
NO. 605-A, according to the plat of record in the office of t:Re
County Recorder of Maricopa County, Arizona, recorded in Bcok 154
of Maps, Page 12 and Affidavit of Correction recorded Apri 1 22,
1974 in Docket 10617, Page 23 and more particularly described as
follows:,
COMMENCING at the most Easterly corner of said Plat 605-A, said
corner being on the Northwesterly right of way line of Fountain
Hills Boulevard;
thence South 46 degrees 15 minutes 00 seconds West along said right
of way a distance of 731.78 feet to the POINT OF BEGINNING;
thence continuing along said right of way- South 46 degrees 15
b
minutes 00 seconds West a distance of 257.87 feet to the eainnina
of a tangent curve concave Northwesterly and having a radius c=
1345.00 feet;
thence along the arc of said curve through a central angle of 01
degrees 55 minutes 38 seconds an arc length of 45.24 feet;
thence departing said right of way, North 40 degrees 02 minutes 00
seconds West a distance of 303.80 feet;
thence North 49 degrees 06 minutes 07 seconds East a distance cf
283.76 feet;
thence South 43 degrees 45 minutes 00 seconds East a distance cy
289.81 feet to the POINT OF BEGINNI'jiG;
EXCEPT all minerals as reserved in Patent -from united States c=
America.
21
R-,: 7/1/c8
Pavised: ;/8/9-P
Town of Fountain Hills
%W
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Admin
Consent:® Regular:❑
Meeting Dates 05/06/2004
Contact Persons Julie Ghetti
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 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 wordings Consideration of Ordinance 04-08, amending the Town of Fountain Hills Tax Code
to clarify the adoption of Model Option 5B (applying the tax to persons with one unit) as directed by the Town
Council; providing penalties for the violation thereof; providing for severability; and designating an effective
date.
Stab Recommendation: Approve Fiscal Impact: No
Purpose of Item and Background Information. The adoption of Ordinance 04-03 in January, 2004 amended
Section 8A-445(h) of the Fountain Hills tax code to eliminate the exemption on all residential rentals within the
Town. Section 8A-300.1 of the model city tax code regulations defines persons with less than three (3) residential
units as "not considered to be regularly engaged in business" but because the Town Council went a step further to
include persons with one (1) unit or more the regulation language 8A-300.1 must be amended to reflect that
change.
List All Attachments as Follows: Interoffice Memo, Ordinance No. 04-08.
T-yne(s) of Presentations None
Signatures of Submitting Staff:
Depa ent H ad _..�
Town Manager / Designee
e:\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: Honorable Mayor and Town Council
DT: April 27, 2004
THROUGH: Timothy Pickering, Town
Manager
FR: Julie A. Ghetti, Accounting Supervisor
RE: Ordinance 04-08 amending Fountain
Administration
Hills Tax Code
On January 15, 2004 the To v� Council amended Section 8A-445(h) of the Fountain Hills tax
code which eliminated the exemption from taxation on residential rentals (Ordinance 04-03).
The model city tax code (MCTC) is the standard code that cities and towns in Arizona follow;
however, the MCTC retains the right of individual cities and towns to determine the items taxed
as well as the exemptions to be granted. The determination of the local sales tax base is up to the
individual city or town councils. Section 8A-300.1 of the MCTC regulations defines persons
with less than (3) residential units as "not considered to be regularly engaged in business";
however, Ordinance 04-03 includes persons with one (1) unit or more. Therefore, the
regulations need to reflect that change effective April 1, 2004.
I would be happy to answer any questions that the Council may have.
9A
ORDINANCE NO. 04-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TAX CODE TO CLARIFY THE ADOPTION OF MODEL OPTION 513;
PROVIDING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING
FOR SEVERABILITY; AND DESIGNATING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Town of Fountain Hills Tax Code (the "Tax Code"), Regulation
8A-300.01, Who must apply for a license, is hereby amended to read as follows:
Reg. 8A-300.1 Who must apply for a license.
(b) Far- the pufpeses of abtaininga Priv4legehieenseapersen whehas less than three�;
houses, or- othef b b
lieense within the State is not eansidered to be bx busiiiess and nee-'
b b
b
leasing, of b
one (1) Of FnOfe e0ffiffier-Gial
of u ts;,rrth; ---ee ereal-p-epees-he is eensidefed to be r-egalady engaged in
business and Must A—h—t—Ain 1:oePses—€Or- all—hiS rem al, leaSe, OF kenSe
may -(RESERVED).
SECTION 2. That the Tax Code Regulation 8A-445.1, When the rental, leasing, and
licensing of real property is exempt as "casual", is hereby deleted in its entirety.
SECTION 3. That any person found guilty of violating any provision of this Ordinance
shall be guilty of a class one misdemeanor.
SECTION 4. That 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
thereof.
SECTION 5. That the provisions of this Ordinance and the increase in tax rate provided
herein shall become effective on April 1, 2004.
[SIGNATURES ON FOLLOWING PAGES]
9196.001\..\04-08 Tax Code Amend.ord.doc
4-22-04-1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, May 6, 2004.
FOR THE T N OF TAIN HILLS: ATTESTED TO:
W. J. Wchols, )or
REVIEWED BY: /
G
G- v1Z
Tim G. Pickering, T wn Manager
9196.001\..\04-08 Tax Code Amend.ord.doc
4-22-04-1
2
evelyn J. Bpnder, Town Clerk
APP VED AS TO FORM:
Andrew J. McGuire, Town Attorney
C
9
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting
Submitting Department: Town Manager
Consent:❑ Regular:®
Meeting Date: 5/6/04
Contact Person: Tim Pickering, Town Manager
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: Contract
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: CONSIDERATION of approving a contract with Maximus, Inc. for strategic
planning services in the amount of $104,678.
Staff Recommendation: Approve Fiscal Impact: Yes $104 678 in Fiscal Year 2004-05 Budget
Purpose of Item and Background Information: This item was continued from the April 15th council meeting.
The Town Council established the completion of a community -wide strategic plan by July 2005 as one of its
primary goals for FY 2004-2005. The need for a strategic plan is evident, as the Town desires to know what
major projects citizens want and are willing to pay for. Some long-term projects that could come up during the
public input phase may include construction of new parks, ball field development, aquatic/fitness center, public
art, dedicated senior center, performing arts center, para-mutual betting, major street reconstruction, etc. Citizens'
desires will be prioritized, which will help the Town make informed decisions in the future regarding the use of
taxpayers' dollars. The strategic plan will also help determine the financial needs of the Town. If the public does
not desire certain major projects, then our existing $5M deficit for capital funding (mainly for streets) may be
reduced. In turn, the deficit may increase if citizens' desires exceed our financial capabilities. This information is
critical to identify if additional funding sources are needed.
The Council should also be aware that staff is creating a list of citizens who wish to volunteer for one aspect or
another of the strategic plan. Citizens have been calling and volunteering to be facilitators and to serve on the
strategic agenda coordinating committee. Fountain Hills' citizens have a great depth of intelligence, which will be
tapped for this project. Staff is also checking with ASU to determine if an intern is available to assist with this
project.
I want to emphasize my involvement and accountability in this process. A project of this size cannot be delegated
and I will head this project. However, this does not eliminate the need to have staff re -enforcement. Finally, a
$30M business would not operate without a strategic plan; nor should the Town of Fountain Hills.
To accomplish this goal, staff implemented the RFP process and, after careful review, recommended that the
ILTown enter into a strategic planning contract with the firm of Maximus, Inc.
Staff, along with resident/volunteer Janice Abramson, once again met this past week with Maximus and another
submitter, Institute of Cultural Affairs (ICA). After this meeting, it became clear that staff made the correct
recommendation to select Maximus. ICA did not intend to complete a survey while Maximus will conduct a
customized phone survey with a 95% accuracy rating. Maximus was clear on the number of focus groups they
would utilize. Maximus clarified they would provide training to staff or volunteers to conduct any further focus
studies if needed. ICA was unclear on their focus groups methods and had not detailed their communication
approach with the Council. Therefore, staff continues to recommend contracting with Maximus.
, Mr. David Eisenlohr, a representative from Maximus, Inc. will give a brief presentation to the Council. For your
information, Mr. Eisenlohr has adjusted his travel plans to attend this meeting and unfortunately must leave at
7:30 p.m. to catch a plane.
List All Attachments as Follows: Professional services agreement, copy of the PowerPoint, previously
submitted staff memo
Type(s) of Presentation: PowerPoint
Signatures of Submitting Staff:
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
Town Manager /Designee � � 10 f
cm
TOWN OF FOUNTAIN HILLS
OFFICE OF PLANNING AND ZONING
INTER OFFICE MEMO
TO: Tim Pickering, Town Manager
DT: April 5, 2004
FR: Molly Bosley, Planning & Zoning
RE: Strategic Plan Recommendation
Administrator on behalf of Sue Stein and
Janice Abramson
Staff recommends consideration and approval of a proposal by Maximus to develop a strategic plan
for the Town of Fountain Hills.
On March 8, 2004, staff released a revised Request for Proposals (RFP) for the development of a
strategic plan for the Town of Fountain Hills. The Town received two responses to the request by
the March 26, 2004 deadline. Responses were received from the following firms: Maximus (Dallas,
TX) for $104,678 and The Institute of Cultural Affairs, ICA, for $99,760. (Maximus revised their
original proposal after meeting with staff to clarify the Town's objectives).
Staff (along with a volunteer resident Ms. Janice Abramson) met on April 5, 2004 to discuss the two
proposals submitted in the second round of the RFP. After a thorough review of the proposals, the
following benefits and negatives to each proposal were identified.
ICA (Proposal Cost = $99,760)
Benefits Negatives
■ Clearly understands the Town's desires ■ Lacks Council involvement and
for public involvement and the public demonstrated understanding of the
involvement process. strategic planning process.
■ Arizona based firm. ■ Lacks discussion on how survey will be
developed and implemented.
■ Understanding of facilitation and ■ Probability for hidden costs is high —
ability to train volunteer and staff proposal recommends mass mailings,
facilitators. survey development, staff time, etc.
■ Project completed within desired ■ Underestimates staff resources needed
timeline. for project management / coordination.
■ No discussion of performance
measures.
Maximus (Proposal Cost = $104,678)
Benefits Negatives
■ Demonstrated clearer understanding of ■ Added additional opportunities for
the development of strategic plan. public involvement, but opportunities
not as developed as ICA.
■ Better understanding of survey ■ Dallas based firm (but does provide a
development and method to accomplish local contact for project management
task. and quality control).
■ Proposal discusses the development of Proposal requires the Town designate a
performance measures (benchmarks) to full or near full-time person for
be utilized during implementation. coordination.
■ Project completed within required
timeline.
The review team identified several weakness in both proposals including the following:
■ Staff resources — Both proposals will require significant staff resources to manage this
project. The Town's budget for this project should reflect the additional cost of
additional full or part-time support. One recommendation provided by the review
committee is the hiring of an additional employee to assist in the project coordination.
■ Council involvement — Both proposals lack council involvement during the development
of the plan. Council involvement, and the ability for council to develop "ownership" of
the project, will be critical to the ultimate success of the project.
Although no one proposal presented all the objectives the Town desired, the review committee
determined Maximus would be the most qualified firm to work with the Town of Fountain Hills
on the development of our strategic plan based on the following identified factors:
■ Clear understanding of the process needed for the development of a strategic plan.
■ Knowledge and established process for reaching citizens through the use of a survey tool.
■ Inclusion of all specified objectives by the Town of Fountain Hills into the strategic
planning document, including public participation, the development of priorities and a
five-year implementation plan, and the integration of performance measures to be used
by the Town in monitoring the progress of the strategic plan.
EAStrategic Plan RFP\Strategic Plan Commitee Recommendation 04-05-04.doc
Discussion Agenda
■ What is Strategy?
■ Your project team
■ Strategic Planning
Approach
— Community
involvement
— Stakeholder outreach
— Market Research
— Strategy articulation
■ Your questions
MAXIMUS
NAXINI'S.2WJ
Dilbert° on Strategy
ALL COMPANIE5 NEED A
STRATEGY 50 THE EMPLOYEES
WLL- KNOW WHAT THEY
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COMPANY WITH nSTRA7EGY COtAFANY WITH A 5fRA'TEGY
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DO THAT.
"LO A BETTER UFE BT 5T1k^U74G OFFICE 5UrF aR Dedwrt's Bs Book a1 &WN 101
Bexar County Strategic Planning Process
Your Team
!D.d
W. Eisenlohr
Joel Nolan
ice President
Vice President
Project Director
Quality Assurance
IFMarc Olson
Senior Manager
Project Manager
Ron Vine
Jeff Gossrow
Mark Carpenter
Vice President
Project
Projecta
ETC Institute
Consultant
Consultant
i
MAXIMUS
The MAXIMUS Team
■ MAXIMUS, Inc.
— The country's largest state and local
government management consulting firm
— Mission of "Helping Governments Serve
the People"
— Extensive experience in local government
strategy, operations and finance
■ ETC Institute
— Market research firm, public policy focus
— Extensive strategic planning and
community outreach practice
— Hundreds of statistically valid market
surveys, over 1,400 stakeholder meetings
4 MAXIMUS,-3
1 ;-
MAXIMUS
Bexar County Strategic Planning Process 2
A "design build" planning concept
5
Align organizati
to
^�e
a Do treln[ng, Prepare
j ' f • Align xle "sand department
sacgx °.idchnology businessplans
.Align goveman
S< to strategy
Monitor, reward Impiemeat
and adjust bueieress departmemat
plane
Bexar County Strategic Planning Process
Community Involvement
■ Essential for fact -based decision
making
■ Defines the "business landscape"
■ Multiple techniques
— Stakeholder interviews
— Community focus groups
— Open public meetings
— Customized, statistically valid
survey
NA%IMl S, 2W3
Stakeholder Outreach
■ Partnership between the Town and
MAXIMUS
■ Clearly establish stakeholder roles and
responsibilities
■ Stakeholders are found internally and
externally
■ Institutional and individual stakeholder
considerations
■ Cultural sensitivity and community norms
■ Identification of common interests and
expectations
■ Balance and acknowledgement of minority
8 viewpoints
NAXINL'S, 20Dt
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MAXIMUS
MAXIMUS
Bexar County Strategic Planning Process 4
Customized Market Survey
■ Targeted to measure strength of
community -wide support for specific
project initiatives developed through
the outreach process
■ Proven, tested survey instrument
■ Customized to the Town of Fountain
Hills
■ Statistically valid telephone survey
approach
■ Timed to capture seasonal population I&L
MAXIMUS
9
2002 Composite Indices for
Fort Worth's Strategic Goals
The Indices Represent the Mean of All Positive Ratings Given for Questions Within a Strategic Goal
Category (excluding don't knows)
Strategic Goals for Community
Goal 1: Become the Nation's Safest Major City
Goal 2: Create a Cleaner and More Attractive City
Goal 3: Ensure Quality Customer Service
Goal 4: Revitalize the Central City
Goal 5: Diversify the Economic Base
Goal 6: Promote Orderly Growth
Overall Composite Index for 2002
C
Source: ETC Institute
10
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Bexar County Strategic Planning Process
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Strategy Articulation
Ke Pri
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i fare ttiators�l olr� amh,de En Dstrct t Communty ManBfac ring Educaton
Systematically
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MMMEWMUS
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Your Questions ?
MAVIMUS
HELPING GOVERNMENT SERVE THE PEOPLE'
Bexar County Strategic Planning Process
,N W'�'
Consulting Services for
Strategic Planning
Town of Fountain Hills,
Ek
Arizona
Bexar County Strategic Planning Process 7
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
MAXIMUS, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (this "Agreement") is made as of
2004, between the Town of Fountain Hills, an Arizona municipal corporation
(the "Town"), and MAXIMUS, Inc., a Virginia corporation (the "Contractor").
RECITALS
A. The Town issued a Request for Proposals on Strategic Planning Services (the
"RFP"), for the development of a strategic plan. The RFP is on file in the office of the Town
Clerk and is available for review.
B. Contractor responded to the RFP and the Town desires to enter into this
Agreement with the Contractor for the development of a strategic plan (the "Services").
Contractor's response to the RFP is attached hereto as Exhibit A and incorporated herein by
reference.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency
of which is hereby acknowledged, parties hereto agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set
forth above and shall remain in full force and effect until July 31, 2005. Thereafter, the Town
may renew the Agreement for up to two one-year periods, subject to an annual review and
satisfactory negotiation of terms, the concurrence of the Town Council and the annual
availability of appropriations.
2. Scope of Services. Contractor shall provide the Services as set forth in the Scope
of Services, attached hereto as Exhibit B and incorporated herein by this reference.
3. Compensation. The Town shall pay Contractor a price not to exceed $104,678
for the Services, as more particularly set forth in Exhibit C, attached hereto and incorporated
herein by reference.
4. Payments. The Town shall pay the Contractor monthly, based upon work
performed and completion to date, and upon submission and approval of invoices. All invoices
shall document and itemize all work completed to date. The invoice statement shall include a
record of time expended and work performed in sufficient detail to justify payment. Final
payment will be made after a final Plan is delivered to and accepted by the Town.
5. Documents. All documents prepared and submitted to the Town pursuant to this
Agreement shall be the property of the Town.
6. Contractor Personnel. Contractor shall provide adequate, experienced personnel,
capable of and devote to the successful completion of the Services to be performed under this
�w Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees
that, upon commencement of the Services to be performed under this Agreement, key personnel
shall not be removed or replaced prior without written notice to the Town. If key personnel are
not available to perform the Services for a continuous period exceeding 30 calendar days, or are
expected to devote substantially less effort to the Services than initially anticipated, Contractor
shall immediately notify the Town of same and shall, subject to the concurrence of the Town,
replace such personnel with personnel of substantially equal ability and qualifications.
7. Inspection• Acceptance. All work shall be subject to inspection, testing and
acceptance by the Town at reasonable times during Contractor's performance. The Contractor
shall provide and maintain a self -inspection system that is acceptable to the Town.
8. Licenses. Contractor shall maintain in current status all federal, state and local
licenses and permits required for the operation of the business conducted by the Contractor.
9. Indemnification. The Contractor 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 reasonable attorneys' fees, court
costs and the cost of appellate proceedings) directly caused by the negligent, willful, wrongful or
intentional acts, errors, mistakes, omissions, in the work or services of the Contractor, its
employees or agents in the performance of this Agreement. Contractor'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, death, or injury to, impairment or destruction of property, including loss of use
resulting therefrom, directly caused by any negligent, willful, wrongful or intentional acts, errors,
mistakes, omissions, in the work or services in the performance of this Agreement of any
employee of the Contractor except if caused by the Town's negligence. 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.
IN NO EVENT SHALL CONTRACTOR, ITS DIRECTORS, OFFICERS, EMPLOYEES OR
AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
SERVICES PROVIDED OR SOFTWARE LICENSED UNDER THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO LOST REVENUE, LOST PROFITS, REPLACEMENT
GOODS, LOSS OF TECHNOLOGY RIGHTS OR SERVICES, LOSS OF DATA, OR
INTERRUPTION OR LOSS OF USE OF SOFTWARE OR ANY PORTION THEREOF,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
SHALL APPLY TO ALL CLAIMS WHETHER UNDER THEORY OF CONTRACT, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
9196.009\Strategic Plan.agt.v1doc
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kA
10. Insurance.
10.1 General.
a. Insurer Qualifications. Without limiting any obligations or
liabilities of Contractor, Contractor shall purchase and maintain, at its own expense,
hereinafter stipulated minimum insurance with insurance companies duly licensed by the
State of Arizona with an AM Best, Inc. rating of B++ or above with policies and forms
satisfactory to the Town. Failure to maintain insurance as specified herein may result in
termination of this Agreement at the Town's option.
b. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Contractor. The Town reserves the right to review any and all of the insurance policies
and/or endorsements cited in this Agreement but has no obligation to do so. Failure to
demand such evidence of full compliance with the insurance requirements set forth in this
Agreement or failure to identify any insurance deficiency shall not relieve Contractor
from, nor be construed or deemed a waiver of, its obligation to maintain the required
insurance at all times during the performance of this Agreement.
C. Additional Insured. All insurance coverage and self -insured
retention or deductible portions, except Workers' Compensation insurance and
Professional Liability insurance, if applicable, shall name, to the fullest extent permitted
by law for claims arising out of the performance of this Agreement, the Town, its agents,
representatives, officers, directors, officials and employees as Additional Insured as
specified under the respective coverage sections of this Agreement.
d. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms
of this Agreement are satisfactorily performed, completed and formally accepted by the
Town, unless specified otherwise in this Agreement.
e. Primary Insurance. Contractor's insurance shall be primary
insurance with respect to performance of this Agreement and in the protection of the
Town as an Additional Insured.
f. Waiver. All policies except for Professional Liability, including
Workers' Compensation insurance, shall contain a waiver of rights of recovery
(subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Contractor. Contractor
shall arrange to have such subrogation waivers incorporated into each policy via formal
written endorsement thereto.
g. Policy Deductibles and/or Self -Insured Retentions. The policies
set forth in these requirements may provide coverage that contains deductibles or self -
insured retention amounts. Such deductibles or self -insured retention shall not be
9196.009\Strategic Plan.agt.v1doc
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3
applicable with respect to the policy limits provided to the Town. Contractor shall be
solely responsible for any such deductible or self -insured retention amount.
h. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Contractor shall execute written agreement with Subcontractor
containing the indemnification provisions set forth in this Section and insurance
requirements set forth herein protecting the Town and Contractor. Contractor shall be
responsible for executing the agreement with Subcontractor and obtaining certificates of
insurance verifying the insurance requirements.
i. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Contractor shall furnish the Town with certificate(s) of insurance,
or formal endorsements as required by this Agreement, issued by Contractor's insurer(s)
as evidence that policies are placed with acceptable insurers as specified herein and
provide the required coverages, conditions and limits of coverage specified in this
Agreement and that such coverage and provisions are in full force and effect. If a
certificate of insurance is submitted as verification of coverage, the Town shall
reasonably rely upon the certificate of insurance as evidence of coverage but such
acceptance and reliance shall not waive or alter in any way the insurance requirements or
obligations of this Agreement. Such certificates shall identify the contract work number
and be sent to the Engineer. If any of the above -cited policies expire during the life of
this Agreement, it shall be Contractor's responsibility to forward renewal certificates
within ten days after the renewal date containing all the aforementioned insurance
provisions. Additionally certificates of insurance submitted without referencing a
q contract number will be subject to rejection and returned or discarded. Certificates of
insurance shall specifically include the following provisions:
(1) The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
(a) Commercial General Liability - Under Insurance
Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent.
(b) Auto Liability - Under ISO Form CA 20 48 or
equivalent.
(c) Excess Liability - Follow Form to underlying
insurance.
(2) Contractor's insurance shall be primary insurance as
respects performance of the Agreement.
(3) All policies, including Workers' Compensation, waive
rights of recovery (subrogation) against Town, its agents, representatives,
officers, officials and employees for any claims arising out of work or
services performed by Contractor under this Agreement.
(4)
ACORD
9196.009\Strategic Plan.agt.vldoc
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A 30-day advance notice cancellation provision. If
certificate of insurance form is used, the phrases in the
4
cancellation provision "endeavor to" and "but failure to mail such notice
shall impose no obligation or liability of any kind upon the company, its
agents or representatives" shall be deleted. Certificate forms other than
ACORD form shall have similar restrictive language deleted.
10.2 Required Insurance Coverage.
a. Commercial General Liability. Contractor shall maintain
"occurrence" form Commercial General Liability insurance with an unimpaired limit of
not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed
Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy
shall cover liability arising from premises, operations, independent contractors, products -
completed operations, personal injury and advertising injury. Coverage under the policy
will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof,
including but not limited to, separation of insured's clause. To the fullest extent allowed
by law, for claims arising out of the performance of this Agreement, the Town, its agents,
representatives, officers, officials and employees shall be cited as an Additional Insured
under ISO, Commercial General Liability Additional Insured Endorsement form CG 20
10 03 97, or equivalent. If any Excess insurance is utilized to fulfill the requirements of
this paragraph, such Excess insurance shall be "follow form" equal or broader in
coverage scope then underlying insurance.
b. Professional Liability. If this Agreement is the subject of any
professional services or work, or if Contractor engages in any professional services or
work adjunct or residual to performing the work under this Agreement, Contractor shall
maintain Professional Liability insurance covering negligent errors and omissions arising
out of the work or services performed by Contractor, or anyone employed by Contractor,
or anyone for whose negligent acts, mistakes, errors and omissions Contractor is legally
liable, with an unimpaired liability insurance limit of $2,000,000 each claim and
$2,000,000 all claims.
C. Vehicle Liability. Contractor shall maintain Business Automobile
Liability insurance with a limit of $1,000,000 each occurrence on Contractor's owned,
hired and non -owned vehicles assigned to or used in the performance of the Contractor's
work or services under this Agreement. Coverage will be at least as broad as ISO
coverage code "1" "any auto" policy form CA 00 01 12 93 or equivalent thereof. To the
fullest extent allowed by law, for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, directors, officials and
employees shall be cited as an Additional Insured under ISO Business Auto policy
Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance
is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be
"follow form" equal or broader in coverage scope then underlying insurance.
d. Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation insurance to cover obligations imposed by federal and state
statutes having jurisdiction of Contractor's employees engaged in the performance of
rw work or services under this Agreement and shall also maintain Employers Liability
9196.009\Strategic Plan.agt.vldoc
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5
Insurance of not less than $500,000 for each accident, $500,000 disease for each
employee and $1,000,000 disease policy limit.
10.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or materially changed without 30 days prior written notice to the Town.
11. Applicable Law. In the performance of this Agreement, Contractor shall abide by
and conform to any and all laws of the United States, State of Arizona and Town of Fountain
Hills, including but not limited to, federal and state executive orders providing for equal
employment and procurement opportunities, the Federal Occupational Safety and Health Act and
any other federal or state laws applicable to this Agreement. This Agreement shall be governed
by the laws of the State of Arizona.
12. Termination; Cancellation.
12.1 For Town's Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Contractor of written notice
by the Town. Upon termination for convenience, Contractor shall be paid for all undisputed
services performed to the termination date.
12.2 For Cause. This Agreement may be terminated be either party upon 30
days' written notice should the other party fail to substantially perform in accordance with this
Agreement's terms, through no fault of the party initiating the termination. In the event of such
termination for cause, payment shall be made by the Town to the Contractor for the undisputed
1%W portion of its fee due as of the termination date.
12.3 Due to Work Stoppage. This Agreement may be terminated by the
Town upon 30 days' written notice to Contractor in the event that the Services are permanently
abandoned. In the event of such termination due to work stoppage, payment shall be made by the
Town to the Contractor for the undisputed portion of its fee due as of the termination date.
12.4 Conflict of Interest. This Agreement is subject to the provisions of
Axiz. REv. STAT. § 38-511. The Town may cancel this Agreement without penalty or further
obligations by the Town or any of its departments or agencies if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the
Town or any of its departments or agencies is, at any time while the Agreement or any extension
of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or
a consultant to any other party of the Agreement with respect to the subject matter of the
Agreement.
12.5 Gratuities. The Town may, by written notice to the Contractor, cancel this
Agreement if it is found by the Town that gratuities, in the form of entertainment, gifts or
otherwise, were offered or given by the Contractor or any agent or representative of the
Contractor to any officer or employee of the Town for the purpose of securing this Agreement.
In the event this Agreement is cancelled by the Town pursuant to this provision, the Town shall
be entitled, in addition to any other rights and remedies, to recover or withhold from the
Contractor an amount equal to 150% of the gratuity.
9196.009\Strategic Plan.agt.vldoc
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0
13. Miscellaneous.
13.1 Independent Contractor. The Contractor acknowledges that the Services
provided under this Agreement are being provided as an independent contractor, not as an
employee or agent of the Town. Both parties agree that this Agreement is nonexclusive and that
Contractor is not prohibited from entering into other contracts nor prohibited from practicing its
profession elsewhere.
13.2 Laws and Regulations. The Contractor shall keep fully informed and
shall at all times during the performance of its duties under this Agreement ensure that it and any
person for whom the Contractor is responsible remains in compliance with of all rules,
regulations, ordinances, statutes or laws affecting the Services, including the following: (i)
existing and future Town and County ordinances and regulations, (ii) state and federal laws and
(iii) Occupational Safety and Health Administration ("OSHA") standards.
13.3 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Contractor.
13.4 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in the Agreement will be read and enforced as though it were
included herein and, if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party, the Agreement will promptly be
physically amended to make such insertion or correction.
13.5 Severability. The provisions of this Agreement are severable to the extent
that any provision or application held to be invalid by a Court of competent jurisdiction shall not
affect any other provision or application of the Agreement which may remain in effect without
the invalid provision or application.
13.6 Relationship of the Parties. It is clearly understood that each party will act
in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of
the other. An employee or agent of one party shall not be deemed or construed to be the
employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes
or Social Security payments will not be withheld from any Town payments issued hereunder and
that the Contractor should make arrangements to directly pay such expenses, if any.
13.7 Interpretation; Parol Evidence. This Agreement represents the entire
agreement of the parties with respect to its subject matter, and all previous agreements, whether
oral or written, entered into prior to this Agreement are hereby revoked and superseded by this
Agreement. No representations, warranties, inducements or oral agreements have been made by
any of the parties except as expressly set forth herein, or in any other contemporaneous written
agreement executed for the purposes of carrying out the provisions of this Contact.
13.8 Assignment. No right or interest in this Agreement shall be assigned by
�w Contractor without prior, written permission of the Town and no delegation of any duty of
9196.009\.Strategic Plan.agt.v1doc
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7
Contractor shall be made without prior, written permission of the Town.
�M, 13.9 Subcontracts. No subcontract shall be entered into by the Contractor with
any other party to furnish any of the material or services specified herein without the prior
written approval of the Town. The Contractor is responsible for performance under this
Agreement whether or not subcontractors are used.
13.10 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or
the Town's acceptance of and payment for services, shall not release the Contractor from any
responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
13.11 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
13.12 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:
If to the Town: Town of Fountain Hills
16836 E. Palisades Boulevard
Fountain Hills, Arizona 85268
Facsimile: 480-837-3145
Attn: Tim Pickering, Town Manager
With copy to: Jorden, Bischoff, McGuire & 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 Contractor: Maximus, Inc.
13601 Preston Road, Suite 40OW
Dallas, Texas 75240
Facsimile 972-490-3040
Attn: David W. Eisenlohr, Senior Vice President
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.
9196.009\Strategic Plan.agtvldoc
4-14-04-1
H
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.
13.13 Confidentiality of Records. Contractor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or form others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform the duties under this Agreement. Persons requesting
such information should be referred to the Town. Contractor also agrees that any information
pertaining to individual persons shall not be divulged other than to employees or officers of
Contractor on an as -need basis for the performance of the duties under this Agreement.
IN WITNESS WHEREOF, the Town and the Contractor have caused this Agreement to
be duly executed as of the day, month and year first above written.
TOWN OF FOUNTAIN HILLS, an Arizona
municipal corporation
W. J. Nichols, Mayor
ATTEST:
Bevelyn J. Bender, Town Clerk
9196.009\.Stratcgic Plan.doc
2-2-04-1
we
MAXIMUS, Inc.
By:
Name: Mark Epstein
Title: Division President
L
9196.009\Strategic Plan.agt.v3.doc
4-14-04-1
EXHIBIT A
CONTRACTOR'S RESPONSE TO THE RFP
[See following pages]
EXHIBIT B
SCOPE OF SERVICES
[See following pages]
9196.009\Strategic Plan.agt.v3.doc
4-14-04-1
m
9196.009\Strategic Plan.agt.v3.doc
4-14-04-1
EXHIBIT C
PRICE SHEET
[See following pages]
W1
Bender, Bev
Page 1 of 2
From: John McNeill Dohnmcneill@cox.net]
'lint: Thursday, May 06, 2004 1:51 PM
`"0: Melendez, Rick
Cc: Nichols, Wally; Nicola, Kathleen; Ralphe, Susan; Archambault, Michael; Stevens, Leesa; Kavanagh, John; Pickering,
Tim; Bender, Bev; jay@votejay.com
Subject: RE: Strategic Planning contract
Vive-Mayor Melendez and others:
My apologies for re -sending this, but I neglected to change the subject line in my last e-mail. This one addresses the proposed
consulting contract for "strategic planning", not the cut -and -fill regulations.
John McNeill
P.S. I have had not one response to my e-mail regarding the drastic increase in allowable cuts, which has the potential for allowing
mountain homes with the appearance of a building in excess of 5 to 6 stories in height. I assume that is a correct interpretation. No
wonder FH is rated a "D" on land use.
From: John McNeill [mailto:johnmcneill@cox.net]
Sent: Thursday, May 06, 2004 10:44 AM
To: relendez@fh.az.gov
Cc: wnichols@fh.az.gov; knicola@fh.az.gov; sralphe@fh.az.gov; marchambault@fh.az.gov; Istevens@fh.az.gov;
javanagh@fh.az.gov; tpickering@fh.az.gov; bbender@fh.az.gov; jay@votejay.com
Subject: RE: Cut and Fill regulations
D- . Vice -Mayor Melendez:
1 read with interest your comments in today's Scottsdale Republic regarding the proposed contract for $105,000 with Maximus for
"strategic planning".
agree with your suggestions that this is moving too fast and that it may be an unnecessary expense.
There is certainly nothing wrong with long-range planning. However, I question why it is necessary to spend over a hundred
thousand dollars on an outside consultant.
In the first place, a strategic plan, particularly in Fountain Hills, where Councils often change makeup significantly from one election
to the next, is really only good for the Council that adopts it — assuming that THEY don't change their minds. To think that a 5 year
plan will still have relevance after 2 new Councils are seated in that time is wishful thinking at best. To make a 5 year plan relevant,
it will need to be updated regularly, probably at least once every 2 years. Will we spend another $105,000 each time?
It is my understanding that Mr. Pickering is also proposing in the draft budget that an assistant town manager be hired.
Now that is something that I think is long overdue. But instead of hiring an outside consultant for strategic planning, why not look for
an assistant town manager with good financial and strategic planning skills and task him or her with the job of creating a draft plan —
with the input of town residents.
For $105,000, you can probably hire a new assistant town manager and have some money left over after paying the first year's
salary.
In any event, isn't this something that the new Council should decide? If hired, ALL of the consultant's strategic planning work will
be performed for the new Council to be seated in June.
r
'riot be able to attend tonight's meeting (my son will be competing for Fountain Hills High School in the Regional track
ch' pionship meet tonight), but request that these comments be included in the record of the meeting and that my opposition to
the hiring of a consultant be noted for the record.
5/6/2004
Page 2 of
Regards,
John McNeill
14508 N Creosote Ct
Fountain Hills, AZ
f 1306
5/6/2004
Town of Fountain Hills
09
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 5/6/04
Submitting Department: Maricopa County Sheriffs Office and Rural Metro Fire Dept. Contact
Person: MCSO Captain John Kleinheinz, Fire Chief Mark Zimmerman
Consent:❑ Regular:® Requesting Action:❑ Report Only:®
Type of Document Needing Approval (Check all that apply):
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ SpeciaVremp Use Permit
® Other: Report
Council Priority (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
❑ Finance
Regular Agenda Wording: QUARTERLY REPORT from the Fire Department and Law Enforcement.
Staff Recommendation: Fiscal Impact: No $00
Purpose of Item and Background Information: Rural Metro and the Sheriff s Office will provide the third
quarter reports for the 2003-2004 fiscal year (January 1, 2004 through March 31, 2004).
List All Attachments as Follows: Rural Metro Powerpoint presentation, Maricopa County Sheriffs Powerpoint
presentation
Type(s) of Presentation: Powerpoint
Signatures of Submitting Staff:
Department Head``-
1
Town M6 ager / Designee
Budget Review
(if item not budgeted or exceeds budget amount)
e:\agenda cover sheet\agenda cover sheet fire and law enforquarterlyc.doc
Fountain
1 HIS
Uura1/Metro
Fire
Department
3rd Qtr 2003-2004
> Response volume and type
> Response times
> Training hours
> Fire Prevention activities
Additional activities
Call Volume Comparison
600
694
700
611
5ss
600
x
500
427
382
368
400
\
300
224
199
164
200
100
30
43
37
0
2nd qtr 03/04
3rd qtr 03/04
3rd qtr 02/03
t Emergency calls t Non -emergency calls t Cancelled prior to arrival --+— Total Calls
\.:
\�Ms aoo
350
300
250
200
150
100
50
0
2nd qtr 03/04
ft's
❑ EMS Lite Threat
Grade 1
■ Service Call (snakes, etc)
❑ Structure Fire Comm
■ Brush Fire
Call Type Comparison
3rd qtr 03/04
■ EMS Urgent
® Haz Mat
* Still
0 Structure Fire Res
3rd qtr 02/03
0 EMS Nonlife Threat
■ Code 3 Special Duty
■ Traffic Accident
o Mountian Rescue
7
Average Response Times
6:00
4:50
4:48
4:37
3:38 3:31
3:36
3:38 3:32
2:24
1:12
0:00
Emergency response times EMS response times Average response all calls
2nd qtr 03104 i— 3rd qtr 03104
2nd Quarter Training Hours
500
461 457
450
400
�Y v„
350
\ \'N'
300
.
10
243 245
\�
250
218 212
N�
200N
�v
150
too
\�
v
50
a
0
Station 822 Station 823
Total
8 KnoMedge 0 Skill
t
Average Monthly Training Hours per Firefighter
18 hrs
10
i
9
�I
8
s
7
6
5
4
IN
3
1
�r
0
■ Knowledge ❑ Skill
Fire Prevention Activity
350
296 301
300 278
297
250
200
198
150 167
100
50 1
g 10 12
0
' 2nd qtr 03/04 3rd qtr 03/04 3rd qtr 02/03
Plan Review + Inspections Permits
11
Activities for the quarter
Brush 822 put in service at Station 822
Participated as EMS standby at the Chamber's
Great Fair
Completed annual business inspections
Started annual fire hydrant inspections
All FH crews attended a Mass Decontamination Drill
for Mass Causality Incident training
Semi -Annual OSHA training completed
Rural/Metro recognized by Chamber of Commerce
for 30 years of membership
5
Maricopa County Sheriff's Office
Fountain Hills
Quarterly Report, January 2003-
March 2004
•••
900
Note on UCR Data
• Uniform Crime Report (UCR) data is collected by the
FBI from over 17,000 Law Enforcement Agencies.
• It is broken down into two main categories: Violent
Crimes (Homicide, Sexual Assault, Robbery,
Aggravated Assault), and Property Crimes
(Burglaries, Stolen Vehicles, and Thefts).
• This data is broken down and used to calculate
crime rates nationally, and in metro areas.
• The UCR figure given here is the one quarter year
crime rate average per 22,000 population for the
Phoenix Metropolitan area based upon the last full
year (2002).
•00
000
••
• :r
Criminal Homicide
1
0.9
0.8
0.7
0.6
0.5
13 2nd Qtr
0.4
❑ 3rd Qtr
0.3
❑ UCR
0.2
0.1
il
0
Oct/Jan Nov/Feb Dec/Mar Total UCR
Avg.
M
• 10001,111
Sex Crimes (Adult & Minor)
Note: UCR data is for `Forcible Rape.' M.C.S.O. has a much
broader definition, but numbers are shown for consistency.
Oct/Jan Nov/Feb Dec/Mar Total UCR Avg.
`%W
2nd Qtr
2003
UCR
3
Robbery
10
9
8
7
6
5
4
3
2
1
0
0
Oct/Jan Nov/Feb Dec/Mar Total UCR Avg.
Aggravated Assault
20
18
16
14
12
10
8
6
4
2 0
0
October December UCR Avg.
M
El 2nd Qtr
❑ 3rd Qtr
❑ UCR
•0•
Burglaries
(Residential, Business, and Vehicle)
III 2nd Qtr
• 3rd Qtr
• UCR
Oct/Jan Nov/Feb Dec/Mar Total UCR Avg.
Stolen Vehicles
80
70
60
50
2nd Qtr
40 0 3rd Qtr
30 ❑ UCR
20
10 2
0 r�
0 �j
Oct/Jan Nov/Feb Dec/Mar Total UCR Avg.
m
5
000
0000
Thefts
250-
200-
150-
[3 2nd Qtr
[I 3rd Qtr
100.1
0 UCR
50-
0-
Oct/Jan Nov/Feb Dec/Mar Total UCR Avg.
eee
46
00
Traffic Citations
350-
300-
250-
AIM
200-
M 2nd Qtr
187
El 3rd Qtr
150 179
100
50
011H
Oct/Jan No,*/Feb
I)ec/Mar
Pq
Town of Fountain Hills
Town Council Agenda Action Form
�%,,, Meeting Type: Regular Meeting
SubmittingDepartment: Public Works
Consent:❑ Regular:R
Meeting Date: 5/6/04
Contact Person: Dana Burkhardt, Senior Planner
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 ,,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 Akenda wording: PUBLIC HEARING to receive comment on and considerations of ORDINANCE
04-07, which is a Zoning Ordinance Text amendment that would allow administrative approval for cuts greater
than 10 feet for basement/walkout structures; Case #ZTA2003-09.
Staff Recommendation Approve Fiscal Impact:; No $
Purpose of Item and Background Information: On November 13, 2003, the Town Council and the Planning
and Zoning Commission held a joint study session to discuss a possible amendment to the cut and fill regulations.
At the conclusion of the meeting, the Council directed Staff to prepare a text amendment to the existing cut and
fill ordinance. On April 8, 2004, the Planning and Zoning Commission held a public hearing to discuss the
proposed ordinance. The Planning and Zoning Commission unanimously recommended Town Council approval
with an arnandment to delete provision #5 of the proposed ordinance and to add a graphic detail to further explain
the intent of the ordinance.
List`AI Attachments as Follows: Staff Report; Ordinance 2004-07; Graphic Detail; P & Z Commission
Meeting Minutes 4/8/04; Joint Study Session Meeting Minutes from 11/13/03
Ty e(s)_'ofPresentation: None
Si natu ides of Sribinittin' Staff:
Budget Review
(if item not budgeted or exceeds budget amount)
Town anager / Designee
TOWN OF FOUNTAIN HILLS
® PLANNING & ZONING DIVISION
PLANNING & ZONING COMMISSION MEMO
TO: Honorable Mayor Nichols and Town
DT: April 28, 2004
Council
FR: Dana Burkhardt, Senior Planner
RE: Basement Ordinance #04-07; Case
#ZTA2003-09
SUMMARY:
On November 13, 2003, the Town Council and the Planning and Zoning Commission held a
joint study session to discuss a possible amendment to the cut and fill regulations of the Zoning
Ordinance. At that meeting, the Council, Commission, and Staff reviewed the Town's current
cut and fill ordinance with several other communities' hillside grading guidelines. At the
conclusion of the meeting, the Council directed Staff to prepare a text amendment to the existing
cut and fill ordinance to allow administrative approval of unexposed basement cut grading
requests.
EVALUATION:
The existing ordinance does not present substantial problems and is consistent with other
progressive hillside communities. The Council's primary concerns have been the maximum
depth tolerance for unexposed cuts (as discussed during recent basement cut waivers) and how
unexposed basement cut waiver requests can be expedited. It was the consensus of the Council
and the Commission that unexposed cuts have virtually no visual or aesthetic impact on the
community.
The Council and commission also agreed that exposed cuts beyond ten feet should continue to be
reviewed on a case -by -case basis through the current waiver process and should be discouraged.
Similarly, fill waiver requests expose more structure above grade in most every instance, which
contradicts most hillside communities design guidelines and is strongly discouraged.
At the joint study session, Staff identified three differing mechanisms utilized by topographically
similar communities to control the visual and environmental impacts of hillside development.
The majority of the hillside communities analyzed do provide a similar waiver process through a
design/development review committee. As in our community, this process gives the governing
body ultimate discretion over the final design on properties where significant grading is
requested.
Some Council members noted environmental concerns over the excavation and exportation of fill
material. Staff did review the idea of creating a maximum tolerance for the quantity of material
that can be excavated from one lot. Staff believes that defining a maximum quantity of material
would be arbitrary, and does not address the aesthetic issue that is the primary concern. The
maximum amount of excavation could be based on a fractional proportion of the square foot of
the proposed residence, though a project meeting current ordinance could excavate significantly
more than one with a cut in excess of ten feet. Staff suggests that further review of such an
ordinance would be necessary and should be a development wide policy, rather than affecting
�. only the proposals that exceed a ten -foot cut.
On April 8, 2004, the Planning and Zoning Commission held a public hearing to discuss the
proposed ordinance. At that meeting, the Planning and Zoning Commission unanimously
recommended Town Council approval with an amendment to delete provision #5 of the proposed
ordinance and to add a graphic detail to further explain the intent of the ordinance.
The Planning and Zoning Commission expressed two primary concerns with provisions `BA"
and `B.5". The purpose of `BA" ("The total depth of cut shall not exceed 24' at any point") is
designed to allow no more than two complete stories below natural grade, at any point. Staff
recommends that there should be a maximum threshold, and two stories completely or partially
below grade seems to be reasonable. The deepest single-family cut waiver approved by Council
to this date is approximately 23', and was for an underground basketball court. The other
approved single family cut waivers have not exceeded 20' at greatest.
The Planning and Zoning Commission recommend that provision `B.5" be deleted from the
ordinance. The Commission discussed that the finished profile view of a building without a cut
waiver and maximizing the 30' height above grade could have the same profile view of a
building with a 24' deep basement cut with a 30' maximum height above grade. Staff provided
provision `B.5" to restrict the building height to 40' directly above the cut elevation to have less
visual impact from a side profile, and to restrict buildings to three stories. The commission
Ank believes this provision is too restrictive.
RECOMMENDATION:
Planning and Zoning Commission recommend the Town Council approve Ordinance #2004-07,
with the stipulations to delete provision `B.5" and to a graphic explanation of the ordinance.
Attachments: Ordinance #2004-07
Graphic Detail
April 8, 2003 Planning & Zoning Commission Meeting Minutes
August 13, 2003, Joint Session Meeting Minutes
TOWN OF FOUNTAIN HILLS
MINUTES OF A REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
APRIL 8, 2004
A public meeting of the Fountain Hills Planning & Zoning Commission was convened and called
to order by Chairman Downes at 6:30 p.m. April 8, 2004, in the Town Hall Council Chambers
located at 16834 E. Palisades Boulevard, Building B, Fountain Hills, A.Z.
AGENDA ITEM #1 CALL TO ORDER, PLEDGE TO THE FLAG, MOMENT OF
SILENT REFLECTION, AND ROLL CALL.
Chairman Downes called the meeting to order at 6:30 p.m. Present for the meeting were
Chairman Michael Downes, Vice -Chairman William O'Brien, Commissioners Jerry Caldwell,
Avril Forest, and Tony Woodrel. Also present were Molly Bosley, Planning & Zoning
Administrator, Denise Lacey, Planner, and Janice Baxter, Administrative Assistant.
Commissioners Dennis Brown and Wayne Tall were absent with notification to the Planning and
Zoning Administrator.
CONSENT AGENDA ITEMS
AGENDA ITEM #2 CONSIDERATION OF THE COMMISSION MEETING MINUTES
FOR MARCH 11, 2004.
AGENDA ITEM #3 CONSIDERATION OF THE PRELIMINARY PLAT FOR
BRUNSWICK GARDENS CONDOMINIUMS, A TWO UNIT CONDOMINIUM
DECLARATION FOR AN EXISTING DUPLEX LOCATED AT 14033 N. BRUNSWICK
DRIVE, AKA, PLAT 104, BLOCK 2, LOT 30. CASE NUMBER S2004-03.
Commissioner Caldwell made a MOTION to approve the consent agenda items. Vice -Chairman
William O'Brien SECONDED and the MOTION carried 5-0.
Commissioner Caldwell
aye
Chairman Downes
aye
Commissioner Forest
aye
Vice -Chairman O'Brien
aye
Commissioner Woodrel
aye
AGENDA ITEM # 4 PUBLIC HEARING TO RECEIVE COMMENTS ON A TEXT
AMENDMENT TO THE ZONING ORDINANCE TO ALLOW ADMINISTRATIVE
APPROVAL FOR CUTS GREATER THAN TEN FEET FOR BASEMENT/WALKOUT
STRUCTURES, ORDINANCE 2004-07. CASE NUMBER S2003-09.
Public Hearing opened at 6:33 p.m.
Dana Burkhardt gave the presentation and included a Power Point presentation. Mr. Burkhardt
suggested to the Commissioners that a stipulation be added to the amendment requesting staff to
Planning & Zoning Commission Meeting Minutes
April 8, 2004
Page 1 of 4
create a graphic cross section exhibit to help establish the guidelines for the required cuts. Staff
recommended approval of Case Number S2003-09.
Vice -Chairman O'Brien asked Mr. Burkhardt if staff had considered recommending an overall
maximum of 54-feet instead of breaking it down as 30-foot above grade and as much as 24-foot
below grade. Mr. Burkhardt stated that staff had considered this possibility and he explained why
the 30-foot above grade and 24-foot below grade was decided. Vice -Chairman O'Brien
expressed his concern with the possible gray area in this section of the amendment and the
problems that may occur in the future. Chairman Downes explained the reason for staff
recommendation.
Commissioner Forest commented that the proposed amendment recommendation of 40-foot limit
would allow builders more flexibility when planning a site.
Commissioner Woodrel stated that he agreed with Vice -Chairman O'Brien. Chairman Downes
pointed out that a provision was included in Section B, of the amendment, which allows the
Zoning Administrator the final approval of any basement cuts exceeding the maximum of ten (10)
feet of depth. Chairman Downes added that a clause in the amendment gave the Planning and
Zoning Administrator the option to make a decision or the Administrator could decide to place
the request before the Commission for a decision.
Edward Kehe, 16620 N. Agate Knoll Place, asked the Commission to completely consider the
impact of their decisions and how they would change the Town. Mr. Kehe questioned the
definition of basement and the lack of a specific interpretation. Mr. Burkhart defined the
definition of a basement as being partly or wholly below grade.
Mr. Burkhardt stated that when all criteria were met, the building site should not be graded to
create a flat, invisible pad surrounding the main residential structure. He continued that all
portions of the cut in excess of ten (10) feet shall be completely concealed from view and retained
by building walls, or retaining wall in the case of light wells. Mr. Burkhardt added that the
natural grade would be re-established in accordance with the `Building Height' definition in the
ordinance. Mr. Burkhardt stated that the total depth of the cut shall not exceed 24-feet at any
point.
Vice -Chairman O'Brien and Commissioner Woodrel supported the deletion of number 5;
paragraph B from the text amendment.
Chairman Downes closed the Public Hearing 7:12 P.M.
AGENDA ITEM # 5 CONSIDERATION OF A RECOMMENDATION TO TOWN
COUNCIL OF ORDINANCE 2004-07 WHICH IS A ZONING ORDINANCE TEXT
AMENDMENT THAT WOULD ALLOW ADMINISTRATIVE APPROVAL FOR CUTS
GREATER THAN TEN (10) FEET FOR BASEMENT/WALKOUT STRUCTURES
CASE NUMBER ZTA2003-09.
Commissioner Woodrel made a MOTION to approve the Text Amendment Case Number
ZTA2003-09 with the following stipulations:
Delete item number five (5) in paragraph B.
Creation of a sectional detail indicating the maximum heights allowed as an exhibit.
Planning & Zoning Commission Meeting Minutes
April 8, 2004
Page 2 of 4
Vice -Chairman O'Brien SECONDED and the MOTION carried 5-0.
Commissioner Caldwell
aye
Chairman Downes
aye
Commissioner Forest
aye
Vice -Chairman O'Brien
aye
Commissioner Woodrel
aye
AGENDA ITEM #6 CONSIDERATION OF THE PRELIMINARY REPLAT FOR
"FOUR PEAKS PLAZA". A RESUBDIVISION OF LOTS 1_& 2 OF THE FINAL PLAT
FOR "FOUR PEAKS PLAZA". CASE NUMBER S2003-16.
Dana Burkhardt gave the presentation and included a Power Point presentation. Staff
recommended approval.
Vice -Chairman O'Brien asked staff why the Developer was asking for the bump out as a
separation between lots. Mr. Burkhardt answered that the Developer did not have a problem
when this was proposed. Mr. Burkhardt pointed out that only one extra parking space was
transferred. Mr. Burkhardt answered that there was no reason in particular.
Commissioner Woodrel asked about the legalities of the lots crossing. He continued that the
Commissioners should consider any problems.
Chairman Downes answered that any problems encountered between owners' concerning the
f crossing of driveways and parking would require a civil action between the Developers'.
�r Chairman Downes stated that he had discussed this issue with Mr. Burkhardt in length prior to
this meeting. Chairman Downes continued that a parking agreement would be required and the
Town would not be involved with this agreement.
Chairman Downes expressed his concern that a representive from the Barclay Group did not
attend the meeting to answer any questions the commission would have concerning their
application. Mr. Burkhardt explained to the Commission that Town Staff had held the Barclays'
application since November 2003. Mr. Burkhardt explained this delay was the result of the
assured water issue with Chaparral City Water Company and ADWR. He added that the
applicant had been very frustrated over the untimely delay.
Chairman Downes discussed with Mr. Burkhardt concerns regarding this replat and the legal
aspects in the future for the Town. Chairman Downes stated he did not think these two (2) plats
needed to be replatted.
Commissioner Caldwell excused himself from voting on this item because of a conflict of
interest.
Commissioner Woodrel made a MOTION to approve Preliminary Replat, Case Number S2003-
16.
Vice -Chairman O'Brien SECONDED and the MOTION carried 3-1.
Planning & Zoning Commission Meeting Minutes
April 8, 2004
Page 3 of 4
Chairman Downes
nay
Commissioner Forest
aye
�W
Vice -Chairman O'Brien
aye
Commissioner Woodrel
aye
AGENDA ITEM #7 CALL TO THE PUBLIC.
No one came forward.
AGENDA ITEM #8 ADJOURNMENT
Commissioner Caldwell made a MOTION to adjourn the meeting. Commissioner Forest
SECONDED and the MOTION carried 5-0.
Commissioner Caldwell
aye
Chairman Downes
aye
Commissioner Forest
aye
Vice -Chairman O'Brien
aye
Commissioner Woodrel
aye
The meeting adjourned at 7:58 p.m.
FOUNTAIN HILLS P 14ANNING & ZONING COMMISSION
BY:,, ATTEST:p--
Michael Downes, Chairman Janice E. Baxter, Administrative Assistant
4
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
meeting of the Fountain Hills Planning and Zoning Commission held on the 8t' day of April
2004. 1 further certify that the meeting was duly called and that a quorum was present.
Dated this 8t" day of April 2004. `
anice E. Baxter, Administrative Assistant
Planning & Zoning Commission Meeting Minutes
April 8, 2004
Page 4 of 4
Meeting of 2003-11-13 Joint Session with Planning and Zoning
TOWN OF FOUNTAIN FILLS
MINUTES OF THE SPECIAL JOINT SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL AND PLANNING & ZONING
COMMISSION
NOVEMBER 13, 2003
Mayor Nichols called the meeting to order at 5:00 p.m.
Mayor Nichols welcomed everyone to the meeting. He stated the purpose of this meeting
was to discuss the Cut and Fill Ordinance that both the Town Council and P & Z
Commission discussed and voted upon.
ROLL CALL — Present for roll call were the following members of the Fountain Hills
Town Council: Mayor Wally Nichols, Councilmembers Susan Ralphe, Lessa Stevens,
Kathleen Nicola, Michael Archambault, and John Kavanagh. Absent was Vice -Mayor
Rick Melendez.
The following members of the Planning and Zoning Commission were also present at the
meeting: Chairman Michael Downes, Vice -Chairman William O'Brien, Commissioners
Jerry Caldwell, Wayne Tall, Dennis Brown, Avril Forest, and Tony Woodrel.
Others were also present: Town Attorney Andrew McGuire, Town Manager Tim
Pickering, Director of Public Works Tom Ward, Town Engineer Randy Harrel, Planners
Denise Lacey and Dana Burkhardt, and Janice Baxter, Administrative Assistant. Bob
Burns, Fountain Hills Times newspaper, and Edwin Kehe, Town of Fountain Hills'
resident.
Town Manager Tim Pickering thanked everyone for attending the meeting. He added that
this was the first time since he had been Town Manager that the Town Council and the
Planning and Zoning Commission had met in a joint session. Town Manager Pickering
emphasized that the Cut and Fill Ordinance which the Town Council and Planning and
Zoning both dealt with, had been a controversial issue over the years and that this
meeting was established to discuss the current cut and fill waiver policies and procedures,
and to give some input into how it was working to give guidance to staff on this issue.
Town Manager Pickering introduced Dana Burkhardt as the presenter and thanked Tom
Ward for his guidance with the presentation.
AGENDA ITEM #1
Dana Burkhardt also welcomed everyone to the meeting. He state3 that the Town
Council directed staff to review the current cut and fill waiver policies and procedures
and added that a joint study session with the Planning and Zoning Commission had been
requested to discuss the findings. He did not think that either the Commission or the
Town Council was requesting action tonight.
'�,.. Planning & Zoning Commission Meeting Minutes
November 13, 2003
Page 1 of 6
Mr. Burkhardt explained that one of the most significant issues identified was the
basement cuts and their depths. Mr. Burkhardt added that a review of other hillside
communities and their cut and fill policies and procedures were reviewed. He added that
the findings were outlined in the handout from staff. Mr. Burkhardt pointed out the three
popular mechanisms identified. He continued that the number one mechanism had been
the evaluating body reviews of the grading plans for conformance to maximum terraced
wall design, maximum slope regulations, and that it did not exceed the maximum
building height as measured from natural grade. Mr. Burkhardt continued that this had
been the least restrictive of the three mechanisms and the Crestview Subdivision met this
standard.
Mr. Burkhardt continued to say that number two had maximum cut and fill tolerances as
measured from natural grade. He added that a maximum eight -foot cut excluding
basements, and pools with exterior finished grade, are returned to the natural elevation.
The limits on fills were three feet from natural grade. Mr. Burkhardt added that this had
been the most widely accepted and the least restrictive. He confirmed that the Town of
Fountain Hills currently used this guideline.
Mr. Burkhardt continued that the number three mechanisms had hillside developments
reviewed and approved on a case -by -case basis. He added that there were established
general guidelines sensitive to the natural topography of the site. He continued that this
would give the appearance that the house was set into the hillside, minimize excessive
grading disturbance, and reduce the need for exposed retaining walls.
Mr. Burkhardt referenced a power point presentation and gave a brief overall review of
the staff's report. He reiterated staff recommendation, which suggested not making
substantial changes to the zoning ordinance. Mr. Burkhardt explained that existing and
approved development agreements would not be required to develop under a more
restrictive or modified ordinance. Mr. Burkhardt recommended Council and the
Commission define the criteria on cut and fill waivers for single-family homes.
Mr. Burkhardt determined that the problem seemed to be the maximum depth tolerance
for unexposed cuts, such as basement cut waivers. He added that exposed cuts should be
reviewed on a case -by -case submittal, and should be discouraged. He added that a cut
and fill waiver and excessive fill allowed more exposure of a building above grade and
was strongly discouraged.
Mr. Burkhardt suggested that if the Council and Commission made changes that were
more restrictive, they would possibly be made under "Design Guidelines". He added
submittals would be reviewed on a case -by -case basis.
Councilman Archambault asked if a formula or calculation could be created, permitting a
basement based on the amount of excavating that would be pulled out, with an exception
such as a swimming pool.
Planning & Zoning Commission Meeting Minutes
November 13, 2003
Page 2 of 6
Mr. Burkhardt answered that typically civil engineers would provide a balance or a cut
and fill calculation called balance on the plans. He added that this formula would note
how many cubic yards of export or import would be needed.
Discussion ensued relative to the amount of fill to be pulled out of the footprint. It was
suggested that the height of filling would be measured from natural grade. Dana
Burkhardt concurred that was a good point and could be a criterion in reviewing waivers.
He continued that the applicant would not exceed a certain amount of yardage of
excavation. Mr. Burkhardt mentioned that the excavation contractors in the Fountain
Hills area, were in contact with each other to help transfer fill within Fountain Hills
where it was needed.
Commissioner O'Brien asked what exactly the problems were with the current ordinance.
Tom Ward stated that staff was looking at an excessive amount of requests for cut and
fill. He added that staff was directed to review the ordinance and see if any changes
could be made to our current ordinance. Chairman Downes remarked that Council
members had questions on approvals made by the Commission, and Council had
requested a letter of justification from a representative for the Planning and Zoning
Commission. Chairman Downes added that he hoped this discussion would bring forth a
more defined criteria of the maximums for cut and fill. He added then Town Council,
Planning and Zoning Commission would understand the P & Z approvals.
Commissioner Forest thought that part of the meeting was also to differentiate between
cut and fill. She added that esthetically they were different and it made sense to have one
maximum for both standards. Commissioner Forest continued that cuts were not as
intrusive, such as a basement, as fill could be very distasteful.
Councilman Brown explained that recently a Case that the Commission approved, then
Town Council denied and Council brought it back later and then approved. Planning and
Zoning had approved every cut and fill because they had been tastefully done and were
not an ugly fill. Commissioner Brown agreed that fill was what made a project ugly.
Councilman Brown reiterated he believed the process was working. He continued that
10' cut was hard to keep up, and a 12' cut would be easier to work with. He stated that
the process seemed to be working, including the process of a requiring a request for a cut
and fill. He added that Town Council and Commissioners had agreed on each request
except one.
Councilman Kavanagh expressed that Council could not give the Commission particular
requirements for cut and fills. He continued to say that the Council relied on the
Commission and their comments, common sense, and guidance. Councilman Kavanagh
mentioned that Fountain Hills was not totally flat land and contained a lot of rock.
Commissioner Woodrel commented that there would be a reduction ill disturbance by
building down. Commissioner Caldwell pointed out that the Commission had looked at
the visual impact of each case and staff should be commended for their contribution.
Commissioner Caldwell continued that he had talked to people in FireRock, Eagle
Mountain and they expressed concern about the retaining walls, their appearance, and
,., Planning & Zoning Commission Meeting Minutes
November 13, 2003
Page 3 of 6
how they were built with the excess cut. He felt that cut and fill determinations would be
on an individual case.
Commissioner O'Brien determined that the Ordinance was working the way it should.
He continued to say that owners had to get approval if they were going over a certain
amount of disturbance and he would hate to see what some homes would look like if this
approval process were not in place.
Councilwoman Stevens asked Andrew McGuire, Town Attorney, how long the waiver
process had been in place. Mr. McGuire answered for at least 6 or 7 years. She
continued that another aspect to consider was the surrounding neighbors and the time
element for the digging to be completed. Councilwoman Stevens added her concern
regarding the inconvenience to the surrounding neighbors. Councilman Archambault
commented that Adero Canyon had not been platted and shared his concern regarding an
ordinance revision. He continued that an ordinance stating a less restricted cut and fill
policy would allow developers to dig as deep as they wanted and the result would be
developers placing as many houses as possible on their property.
Councilwoman Stevens asked Mr. McGuire if the Ordinance were made less restrictive,
how that would impact a new development. She pointed out an example such as
changing unlimited cuts under the footprint of the house, and asked if that would need
approval. Mr. McGuire pointed out that a change would not be necessarily a good idea
for future developments or previously signed Building Development Agreements.
Councilman Kavanagh suggested a hand count of the members regarding the approval of
invisible cuts. After the vote, he concurred that the majority did not have a problem with
invisible cuts proceeding. Councilman Kavanagh suggested that staff should possibly put
together a proposal to Council to enact this change.
Councilwoman Nicola asked Mr. McGuire if there were a change in the Ordinance would
a grandfather clause cover the existing agreements. Mr. McGuire commented that
anything could be grandfathered in, but the unintended consequence was a bigger
concern.
Councilwoman Stevens requested clarification of the previous vote on the invisible cut.
Mr. Kavanagh answered that the recommendation would be from staff, not to apply the
restriction to invisible cuts. Mr. Burkhardt answered that a basement ordinance or
provision would have detailed and lengthy verbiage that would cover returning to the
natural grade. Mr. Burkhardt stressed that it would be a lesser requirement and Mr.
McGuire would not have a problem with this change. He added an alternative would be
to design criteria under the discretionary waiver approval and he encouraged a
combination of both. Commissioner O'Brien questioned making a change at this time.
Commissioner Tall mentioned that people in the Town did not like fills. He asked if
there was a way to write an amendment to the ordinance, and encourage stair stepping
instead of leveling. Mr. Burkhardt answered that that would come under the design
Planning & Zoning Commission Meeting Minutes
November 13, 2003
Page 4 of 6
guidelines. Commissioner Woodrel added that the owners would be encouraged to
submit plans that met the Town regulations and they could by-pass the request for a
waiver.
Councilman Kavanagh stated that Council and the Commission agreed that invisible cuts
were not a problem and that staff should be up front with this information.
Commissioner Caldwell suggested that builders, real estate agents, and property owners
should be very careful at how they present their property when selling.
Commissioner Tall expressed that to make our town look better, we needed to encourage
projects that incorporated less fill and that would eliminate excessive retaining walls.
Commissioner Woodrel asked if we had a legal right to deny a builder an approval for a
basement. He added that eventually our cut and fill ordinance and disturbances would be
legally challenged.
Councilwoman Stevens remarked that in response to Commissioner Tall, the only way to
change the appearance of fills would be to lower the amount of fill allowed. She added
that an ordinance would have to be more constricted and in lieu of what attorney
McGuire said, that would be difficult to do considering the upcoming agreements.
Councilwoman Stevens suggested that the Ordinance be changed to accommodate the
owners. She added that then owners would not wonder if their plans were going to be
approved.
Mayor Nichols stated that since the Commission had approved all previous cut and fill
waivers, maybe the ordinance should be changed to permit hidden basements, so Council
would not have to decide which waivers get approved. Councilwoman Stevens expressed
that changing the ordinance would require a review and public comments. She added
that would tell if residents really cared about this issue.
Commissioner O'Brien requested feedback from the Fire Department regarding approval
of basements. Dana Burkhardt clarified that the Fire Department had fire codes in place
and reviewed the plans before approval was given. He added that there are various
building codes and requirements in place for basements. Commissioner Woodrel
commented that true basements were built on flat land, and staff would not be seeing a
typical basement. Chairman Downes clarified that smoke detectors and fire sprinklers
were required when building a basement.
Chairman Downes defended that the Commission had been approving all cuts and fills
not detected by neighbors and surrounding areas. He continued that when looking at cut
and fills, the option of a waiver approval had been working very well.
Commissioner Stevens asked attendees under what circumstances would a cut under a
house not be approved. She continued that she questioned the waiver process and the
cost involved.
Planning & Zoning Commission Meeting Minutes
November 13, 2003
Page 5 of 6
Commissioner Woodrel suggested that staff establish verbiage outlining the process of an
outrageous plan request. He continued if this should happen, staff would ask for approval
from Council and the Commission. Mr. Burkhardt replied that that could be done. Mr.
Burkhardt continued that when reviewing a plan on a discretionary basis, which gives
staff more leverage. He added that staff would be looking at ways to avoid the waiver
process all together on buried basements. Mr. Burkhardt stated that staff would draft an
extensive version of the definition of a buried basement. Councilwoman Stevens
suggested that a total cut and fill calculation be a requirement under the waiver process.
Mayor Nichols recapped the direction given to staff from Town Council and the Planning
and Zoning Commission that an amendment adding a provision for a Basement
Ordinance would come before the Planning and Zoning Commission with a
recommendation to Council for approval.
Chairman Downes supported staff going forth with an amendment to the Ordinance.
Tom Ward acknowledged that staff would like to thank all the members for coming forth
and giving their time to voice their opinions on this matter. Mr. Ward added that staff
also had been frustrated with the amount of cases and appreciated the input. He
acknowledged that the ordinances were in place to keep our Town beautiful and to
minimize the amount of disturbance created, which will help keep property values in
place.
#2 ADJOURNMENT
'*W Mayor Nichols adjourned the meeting at 6:10 p.m.
TO,WN OF FOUNtAIN HILLS
B �
Michael Downes, Chairman
Planning and Zoning Commission
ATTEST AND PREPARED BY:
Janice E. Baxter, Administrative Assistant Planning and Zoning
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of
the Special Joint Session held between the Town Council of Fountain Hills and the
Planning and Zoning Commission held on the 13`h day of November 2003. I further
certify that the meeting was duly called and that a quorum was present.
Dated this 21" day of November 2003
J nice Baxter, Administrative Assistant
�ftw Planning & Zoning Commission Meeting Minutes
November 13, 2003
Page 6 of 6
ORDINANCE 04-07
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 1, INTRODUCTION,
SECTION 1.12, DEFINITIONS AND CHAPTER 5, GENERAL PROVISIONS,
SECTION 5.11, LAND DISTURBANCE STANDARDS, OF THE ZONING
ORDINANCE OF THE TOWN OF FOUNTAIN HILLS BY ALLOWING
BASEMENT STRUCTURES TO EXCEED THE MAXIMUM CUT ALLOWED
FROM NATURAL GRADE.
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22 on
November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the
"Zoning Ordinance"); and
WHEREAS, the Town desires to amend the Zoning Ordinance to allow for the
development of basement structures in excess of the maximum cut depth currently permitted; and
WHEREAS, the Town has published the proposed text changes in The Times of
Fountain Hills and Rio Verde on March 24, 2004; and
WHEREAS, pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings were advertised
in the March 24, 2004 edition of The Times of Fountain Hills and Rio Verde; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on April 8, 2004 and by the Mayor and Council of the Town of Fountain Hills (the
"Town Council") on May 6, 2004.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. Chapter 1, Introductions, Section 1.12, Definitions, of the Zoning Ordinance
is hereby amended to read as follows:
BASEMENT: A SPACE IN A STRUCTURE THAT IS PARTLY OR WHOLLY BELOW
GRADE.
SECTION 2. Chapter 5, General Provision, Section 5.11, Land Disturbance Standards, of
the Zoning Ordinance is hereby amended to read as follows:
C. Cut and Fill Standards.
9196.001 \..\ZO-TA Cut-fill.ord.doc
5-7-04-1
4. Limitations on Cut and Fill. The height of any fill or the depth of any cut
area, as measured from natural grade shall not be greater than ten (10) feet
regardless of whether the fill or cut is retained, unretained, or a combination
thereof. The total combined height of any fill or the depth of any cut area as
a result of subdivision improvement grading and/or any subsequent grading,
including but not limited to grading approved as a part of building permit
approval, shall not total more than ten (10) feet, as measured from natural
grade, UNLESS OTHERWISE PROVIDED IN THIS SECTION. These
limitations may be waived by the Town Council AND, IN THE CASE OF
UNEXPOSED BASEMENT CUTS, MAY BE APPROVED BY THE
ZONING ADMINISTRATOR AS PROVIDED IN SUBSECTION B
BELOW. *10, *12
A. In addition to the foregoing, in single-family residential zoning districts,
an area not to exceed five percent (5%) of the footprint of the main
structure on the lot will be exempt from cut and fill limitations if the
exempted area is completely concealed beneath the footprint of the main
structure AND AS OTHERWISE PERMITTED IN THIS SECTION.
The footprint shall be defined as any portion of the main structure under
roof. All separate small areas beneath the main structure shall be
aggregated into one computation not to exceed the five percent (5%)
exemption. Any exterior wall or retaining wall adjacent to the exempted
cut or fill area shall conform to the height limitation of the zoning district.
No exemption from the maximum ten (10) foot limitation will be allowed
in any zoning district for cut or fill areas located in any setback, yard or
non -disturbance area, and no exemption can be used to obtain greater
building or wall height than allowed in the zoning district. No
exemptions from the maximum ten (10) foot limitation shall be allowed
for accessory structures or guest house structures. No grading for cut or
fill shall alter the natural drainage pattern and water volume exiting the
property as determined and approved by the Town Engineer.
B. THE ZONING ADMINISTRATOR MAY APPROVE UNEXPOSED
BASEMENT CUTS EXCEEDING THE MAXIMUM 10' DEPTH IF
THE FOLLOWING CRITERIA ARE MET:
9196.001\..\ZO-TA Cut-fill.ord.vldoc
5-18-04-1
1) THE BUILDING SITE SHALL NOT BE GRADED SO AS TO
CREATE A FLAT, VISIBLE PAD SURROUNDING THE MAIN
RESIDENTIAL STRUCTURE.
2) ALL PORTIONS OF THE CUT IN EXCESS OF TEN FEET
SHALL BE COMPLETELY CONCEALED FROM VIEW AND
RETAINED BY BUILDING WALLS, OR RETAINING WALLS
IN THE CASE OF LIGHT WELLS.
OA
3) NATURAL GRADE SHALL BE REESTABLISHED IN
t%w ACCORDANCE WITH THE `BUILDING, HEIGHT OF'
DEFINITION OF THIS ORDINANCE.
4) THE TOTAL DEPTH OF CUT SHALL NOT EXCEED 24' AT
ANY POINT (REFER TO DETAIL BELOW).
GRAPHIC DETAIL
GRADE. RESTORED TO
ORIGINAL TDPOGRAPHY
AGAINST BUILDING
T
30.0' MAX
HEIGHT ABOVE
NATURAL GRADE
24.0' MAX
CUT DEPTH
tADE
SUB -GRADE . ........ .. .... .. .....
SECTION 3. This amendment replaces all previous amendments or adoptions to
Chapters 1.12 and 5.11 of the Zoning Ordinance.
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.
9196.001\.\ZO-TA Cut-fill.ord.vldoc
5-18-04-1
[SEE FOLLOWING PAGES]
3
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, May 6, 2004.
FOR THE TOWN OF )FOUNTAIN HILLS
W. J.LN chols
REVIEWED BY:
Timothy . Pickering, Town Manager
9196.0011.\ZO-TA Cu[-fill.ord.vldoc
5-18-04-1
M
ATTESTED TO:
CdeL�Town Clerk
APPROVED AS TO FORM:
An rew J. McGuire, Town Attorney
Town of Fountain Hills
Town Council Agenda Action Form
,%W Meeting Type: Regular Meeting
Submitting Department: Administration
Consent:❑ Regular:®
Meeting Date: 5/6/04
Contact Person: Pickering
Requesting Action:®
Tvne of Document Needing Anoroval (Check all that arwl
❑ Public Hearing ❑ Resolution
❑ Agreement ❑ Emergency Clause
❑ Special Consideration ❑ Intergovernmental Agreement
❑ Grant Submission ❑ Liquor/Bingo License Application
❑ Special Event Permit ❑ Special/Temp Use Permit
® Other: Budget
Council Prioritv (Check An)romiate 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 the adoption of the maximum amount of approximately
29.2M for the Fiscal Year 2004-2005 TENTATIVE BUDGET with appropriate direction to publish said
document in accordance with state law. The Council may address any or all items contained in the budget
document and initiate any suggested changes prior to adoption.
Staff Recommendation: Approve Fiscal Impact: Yes $29,242,636.00
Purpose of Item and Background Information: The draft 2004-05 Budget will be presented to the Council at
the May 5`h work study session. The budget is balanced with $200,000 entered into fund balance. By law to
begin the budget process, the Council is required to set a maximum budget amount. This action then allows the
town to publish the draft budget and hold a public hearing. The public hearing is tentataively set for the May 20'h
Council meeting.
Just a reminder: Setting the maximum budget amount is NOT approval of the budget. It is simply the signal of
the beginning of the budget process. For your information, the General Fund amount is $13.9M, which is
approximately $lM less than three years ago.
For additional information, please see the budget message and PowerPoint presentation at the work study session.
A simple motion to set the maximum FY04-05 budget amount at $29, 242,636 is requested and recommended.
NOTE: The work study session will be broadcast of Channel 11. The "draft" budget is currently available on the
town's webpage (www.fh.az.gov) and each member of the press has a copy available to them.
List All Attachments as Follows: none
TV e(s) of Presentation: Verbal
Signatures of Submitting Staff:
Budget Review
(if item not budgeted or exceeds budget amount)
10 rwd-�-
Town Manager