No preview available
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 E:\Clerk\AGENDAS\REGULAR\2004\Regular and Executive Session 5-6-04.doc Page 1 of 3 Last printed 5/4/2004 10:16 AM 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. E:\Clerk\AGENDAS\REGULAR\2004\Regular and Executive Session 5-6-04.doc Page 2 of 3 Last printed 5/4/2004 10:16 AM 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. E:%Clerk\AGENDAS\REGULAR\2004Utegular and Executive Session 5-6-04.doe Page 3 of 3 Last printed 5/4/2004 10:16 AM 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 � r I I I I I I I J LOT 9 1 ABANDON 10' D.E. RETAIN 10' P.U.E N \ � �� o 00 ` \ ,;>0 27 3 \N�'7Q oo, o LOT 3 6, o r LOT 2 LOT 3 lA16t)55�45`` � sjenod�% � N � 1 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 DON'T DO. i ,�;L COMPANY WITH nSTRA7EGY COtAFANY WITH A 5fRA'TEGY WE D0tV-r 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 ��01_ 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 Hnwaos,= Bexar County Strategic Planning Process S Strategy Articulation Ke Pri Dstable Public/ i fare ttiators�l olr� amh,de En Dstrct t Communty ManBfac ring Educaton Systematically Build &Diversity s Comprehensively Strategic Foster Livable the Local invest in Address Mobility O77� Neighborhoods Community UICC 1'UCS: Economy infrastructure Needs Achieve Ca �talize on Leverage Social E:cei�lernce Operational ImproveiS�ervice an Chofce•Yer of PTO Stewardshp Capi DI'deCsetybrate Service Deliv Delius Critical Processes: } MMMEWMUS Me ML S. 2 3 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 4-14-04-1 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 4-14-04-1 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 4-14-04-1 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 4-14-04-1 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 4-14-04-1 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 4-14-04-1 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