HomeMy WebLinkAbout010710PZ:\Council Packets\2010\R1-7-2010\100107A.docx Last printed 1/5/2010 5:12 PM Page 1 of 3
REVISED: 1/5/10
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, JANUARY 7, 2010
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call.
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 Councilmembers. 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.
Mayor Jay T. Schlum
Councilmember Mike Archambault Councilmember Ginny Dickey
Councilmember Dennis Brown Vice Mayor Cassie Hansen
Councilmember Dennis Contino Councilmember Henry Leger
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CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION – Mr. Clem Stubstad, Director of Spiritual Formation, North Chapel
ROLL CALL – Mayor Schlum
MAYOR’S REPORT
(i) A review of upcoming community events.
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 properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Councilmembers 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 TOWN COUNCIL AND TOWN COUNCIL
SUBCOMMITTEE MEETING MINUTES from December 8, 9, 14, 16, 17, and 22, 2009.
2. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted
by Niobe A. Borman (American Legion Auxiliary, Post 58) for the purpose of a fundraising
event (Pony Express), located at 13001 N. La Montana Drive, Fountain Hills, AZ, scheduled
to be held on January 28, 2010, from 2:00 p.m. to 6:00 p.m.
3. CONSIDERATION of RESOLUTION 2010-05, correcting a scrivener’s error in Resolution No.
2009-42 which granted an easement to Cricket Communications, Inc., over certain real
property generally located along Desert Vista Drive, south of Tioga Drive.
REGULAR AGENDA
4. CONSIDERATION of APPOINTING two (2) citizens to serve on the Public Safety
Advisory Commission with each serving a two year term beginning November 1, 2009, and
ending September 30, 2011.
5. CONSIDERATION of APPOINTING three citizens to the Parks and Recreation
Commission for a two year term, beginning January 1, 2010, and ending December 31, 2011;
and one Youth Commissioner for a one year term, beginning January 1, 2010, and ending
December 31, 2010.
6. CONSIDERATION of APPOINTING two citizens(s) to the Community Center Advisory
Commission with each serving a two year term beginning January 1, 2010 through December
31, 2011.
7. CONSIDERATION of APPOINTING five citizens(s) to the Senior Center Advisory
Commission with four serving a two year term beginning January 1, 2010, through December
31, 2011; and one serving a one year term beginning January 1, 2010, through December 31,
2010.
8. CONSIDERATION of a TEMPORARY USE PERMIT for the “Art on the Avenue”
repeating outdoor retail sales events for 2010. Case# TU2009-08
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9. CONSIDERATION of RESOLUTION 2010-04, accepting an American Recovery and
Reinvest Act (ARRA) grant in the amount of $146,487.73, for Energy Audits, Lighting
Retrofits and Photovoltaic Installations on Town-Owned Buildings.
10. CONSIDERATION of approving NOT RENEWING the Town of Fountain Hills
Community Center’s Class 5 liquor license at the time of expiration, January 30, 2010.
11. CONSIDERATION of RESOLUTION 2009-43, adopting the Town of Fountain Hills
General Plan 2010, and calling a Special Election to be held on May 18, 2010, for voter
ratification of the new General Plan, as required by State Law.
12. 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:
A. None.
13. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Town Manager.
14. ADJOURNMENT.
DATED this 31st day of December, 2009.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(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.
Z:\Council Packets\2010\R1-7-2010\100107A.docx Last printed 1/5/2010 5:12 PM Page 1 of 3
REVISED: 1/5/10
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, JANUARY 7, 2010
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call.
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 Councilmembers. 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.
Mayor Jay T. Schlum
Councilmember Mike Archambault Councilmember Ginny Dickey
Councilmember Dennis Brown Vice Mayor Cassie Hansen
Councilmember Dennis Contino Councilmember Henry Leger
Z:\Council Packets\2010\R1-7-2010\100107A.docx Last printed 1/5/2010 5:12 PM Page 2 of 3
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION – Mr. Clem Stubstad, Director of Spiritual Formation, North Chapel
ROLL CALL – Mayor Schlum
MAYOR’S REPORT
(i) A review of upcoming community events.
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 properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Councilmembers 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 TOWN COUNCIL AND TOWN COUNCIL
SUBCOMMITTEE MEETING MINUTES from December 8, 9, 14, 16, 17, and 22, 2009.
2. CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted
by Niobe A. Borman (American Legion Auxiliary, Post 58) for the purpose of a fundraising
event (Pony Express), located at 13001 N. La Montana Drive, Fountain Hills, AZ, scheduled
to be held on January 28, 2010, from 2:00 p.m. to 6:00 p.m.
3. CONSIDERATION of RESOLUTION 2010-05, correcting a scrivener’s error in Resolution No.
2009-42 which granted an easement to Cricket Communications, Inc., over certain real
property generally located along Desert Vista Drive, south of Tioga Drive.
REGULAR AGENDA
4. CONSIDERATION of APPOINTING two (2) citizens to serve on the Public Safety
Advisory Commission with each serving a two year term beginning November 1, 2009, and
ending September 30, 2011.
5. CONSIDERATION of APPOINTING three citizens to the Parks and Recreation
Commission for a two year term, beginning January 1, 2010, and ending December 31, 2011;
and one Youth Commissioner for a one year term, beginning January 1, 2010, and ending
December 31, 2010.
6. CONSIDERATION of APPOINTING two citizens(s) to the Community Center Advisory
Commission with each serving a two year term beginning January 1, 2010 through December
31, 2011.
7. CONSIDERATION of APPOINTING five citizens(s) to the Senior Center Advisory
Commission with four serving a two year term beginning January 1, 2010, through December
31, 2011; and one serving a one year term beginning January 1, 2010, through December 31,
2010.
8. CONSIDERATION of a TEMPORARY USE PERMIT for the “Art on the Avenue”
repeating outdoor retail sales events for 2010. Case# TU2009-08
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9. CONSIDERATION of RESOLUTION 2010-04, accepting an American Recovery and
Reinvest Act (ARRA) grant in the amount of $146,487.73, for Energy Audits, Lighting
Retrofits and Photovoltaic Installations on Town-Owned Buildings.
10. CONSIDERATION of approving NOT RENEWING the Town of Fountain Hills
Community Center’s Class 5 liquor license at the time of expiration, January 30, 2010.
11. CONSIDERATION of RESOLUTION 2009-43, adopting the Town of Fountain Hills
General Plan 2010, and calling a Special Election to be held on May 18, 2010, for voter
ratification of the new General Plan, as required by State Law.
12. 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:
A. None.
13. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Town Manager.
14. ADJOURNMENT.
DATED this 31st day of December, 2009.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or
to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda
are available for review in the Clerk’s office.
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TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 1/7/2010
Meeting Type: Regular
Agenda Type: Consent
Submitting Department: Public Works
Staff Contact Information: Tom Ward, Director of Public Works, tward@fh.az.gov; Tele. 480-816-5129
Strategic Priority: Not applicable
Council Goal:
Further Economic Dev./Improve business relations
REQUEST TO COUNCIL: CONSIDERATION of RESOLUTION 2010-05, correcting a scrivener’s error in
Resolution No. 2009-42, which granted an easement to Cricket Communications, Inc., over certain real property
generally located along Desert Vista Drive, south of Tioga Drive.
Applicant: Scott Quinn/Quinn United Enterprises for Cricket
Applicant Contact Information: Scott Quinn, scottquinn@quinnunited.com; Tele. 602-909-8885
Property Location: Desert Vista Park (Plat 302, Block 1, Lot 9)
Related Ordinance, Policy or Guiding Principle: N/A
Staff Summary (background): On December 17, 2009, Council approved Resolution 2009-42, to provide a
Telco Easement to serve a cell tower at Desert Vista Park. This document did not contain the referenced legal
description and map. Therefore, staff is requesting that the Council approve the legal description and map, as
provided.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initial and ongoing costs; budget status): None.
Budget Reference (page number): N/A
Recommendation(s) by Board(s) or Commission(s): N/A
Staff Recommendation(s): Approve
Attachment(s): Resolution 2010-05
SUGGESTED MOTION: Move to approve the consent agenda.
Submitted and Approved by:
Director 12/31/2009
Approved:
Richard L. Davis, Town Manager Date
1161152
RESOLUTION NO. 2010-05
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, CORRECTING A SCRIVENER’S ERROR IN
RESOLUTION NO. 2009-42 WHICH GRANTED AN EASEMENT TO
CRICKET COMMUNICATIONS, INC., OVER CERTAIN REAL PROPERTY
GENERALLY LOCATED ALONG DESERT VISTA DRIVE, SOUTH OF
TIOGA DRIVE.
WHEREAS, on December 17, 2009, the Mayor and Council of the Town of Fountain
Hills (the “Town Council”) passed and adopted Resolution No. 2009-42 (the “Original
Resolution”), approving an agreement with Cricket Communications, Inc. (the “Agreement”)
granting a telecommunications easement over certain real property generally located along
Desert Vista Drive, south of Tioga Drive (the “Easement”); and
WHEREAS, the legal description and map contained in the Agreement, as approved by
the Original Resolution, did not accurately reflect the Easement area; and
WHEREAS, the Town Council desires to correct the legal description error in the
Original Resolution and Agreement by including the accurate legal description and map.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the recitals set forth above are hereby incorporated as if fully set
forth herein.
SECTION 2. That the legal description and map included as a portion of Exhibit A to
Resolution No. 2009-42 is hereby deleted in its entirety and replaced with the legal description
and map attached hereto as Exhibit 1 and incorporated herein by reference.
SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to take all steps and to execute all documents
necessary to carry out the purpose and intent of this Resolution.
SECTION 4. If any provision of this Resolution is for any reason held by any court of
competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed
separate, distinct and independent of all other provisions and such holding shall not affect the
validity of the remaining portions of this Resolution.
1161152.1
2
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
January 7, 2010.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney
1161152.1
EXHIBIT 1
TO
RESOLUTION NO. 2010-05
[Telecommunications Easement Agreement Legal Description and Map]
See following pages.
Town of Fountain Hills
Staff Presentation
Temporary Use Permit -TU2009-08
Outdoor Retail Art Sales
1
Temporary Use Permit TU2009-08
•Charlotte McCluskey is requesting recurring
outdoor retail art sales events
•Zoning Ordinance section 5.16.B.4 provides for
multiple like uses on a single TUP with Town
Council approval,…for a calendar year.
•Events are for calendar year 2010
•Every Thursday, January 14 thru April 29
•All events start at 11AM, end by 5PM
2
Site Map
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TU2009-08
•No Objections Received
•Stipulations
4
Staff Recommendations
•Staff recommends that the Town Council
approve the Temporary Use Permit for “Art
on the Avenue” for repeating events for
2010. Case #TU2009-08, subject to the
stipulations outlined in the staff report.
5
General Plan 2010Town CouncilConsideration of Resolution 2009-431Richard TurnerDirector of Planning & Zoning Department
General Plan 2010 Review Process•8 Meetings of P&Z Sub-Committee•Revised Plan Transmitted for Review on 9/9/09 – 36 Reviewers •Town Web Site •Public Open House 9/28/09•2 Work Study Meetings, P&Z and Council•2 Public Hearings by P&Z Commission•Public Hearing by Town Council2
General Plan 2010 Feedback •Public Comment•Sanitary District•Chaparral City Water Company•MAG•SPAC•Fountain Hills Investment Co.•Council Member Dickey’s Comments•Public Works Input•Citizen George Williams Input3
4
Staff Recommendation•P&Z Commission Recommendation with changes•#13 Delete “including trails that can be built in washes” •Add #14, Circulation Element 1.13 “The Town will continue to take advantage of opportunities that are available through the Safe Routes to School program.”5