HomeMy WebLinkAbout091203pZ:\Council Packets\2009\R12-3-09\091203A.docx Last printed 11/30/2009 5:26 PM Page 1 of 3
REVISED
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, DECEMBER 3, 2009
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the
Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or
the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked
to state their name prior to commenting and to direct their comments to the Presiding Officer
and not to individual 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\2009\R12-3-09\091203A.docx Last printed 11/30/2009 5:26 PM Page 2 of 3
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION –Father Dan Robling; the Anglican Church of Atonement
ROLL CALL – Mayor Schlum
MAYOR’S REPORT
(i) A review of upcoming community events.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) None.
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 MEETING MINUTES from
November 19, 2009.
2. CONSIDERATION of the FINAL REPLAT for Plat 506-C, Block 2, Lots 29A and 29B,
located at 16225 N. Cerro Alto Drive. The request constitutes a lot division. CASE#S2009-
08.
REGULAR AGENDA
3. CONSIDERATION of the TRANSFER OF FUNDS for the landscape design of Fountain
Park under the Greening of Downtown project from the Downtown Visioning Plan
4. QUARTERLY UPDATE by the Director of Planning and Zoning on ACTIVITIES AND
PROJECTS.
5. CONSIDERATION of ORDINANCE 09-09, amending the Fountain Hills Town Code,
Chapter 7, Buildings and Building Regulations, Article 7-10, Development Fees, relating to
adjustments to development fees for the Town of Fountain Hills.
Z:\Council Packets\2009\R12-3-09\091203A.docx Last printed 11/30/2009 5:26 PM Page 3 of 3
6. 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.
7. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager.
8. ADJOURNMENT.
DATED this 30th day of November, 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\2009\R12-3-09\091203A.docx Last printed 11/30/2009 5:26 PM Page 1 of 3
REVISED
NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, DECEMBER 3, 2009
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the
Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or
the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked
to state their name prior to commenting and to direct their comments to the Presiding Officer
and not to individual 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\2009\R12-3-09\091203A.docx Last printed 11/30/2009 5:26 PM Page 2 of 3
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION –Father Dan Robling; the Anglican Church of Atonement
ROLL CALL – Mayor Schlum
MAYOR’S REPORT
(i) A review of upcoming community events.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) None.
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 MEETING MINUTES from
November 19, 2009.
2. CONSIDERATION of the FINAL REPLAT for Plat 506-C, Block 2, Lots 29A and 29B,
located at 16225 N. Cerro Alto Drive. The request constitutes a lot division. CASE#S2009-
08.
REGULAR AGENDA
3. CONSIDERATION of the TRANSFER OF FUNDS for the landscape design of Fountain
Park under the Greening of Downtown project from the Downtown Visioning Plan
4. QUARTERLY UPDATE by the Director of Planning and Zoning on ACTIVITIES AND
PROJECTS.
5. CONSIDERATION of ORDINANCE 09-09, amending the Fountain Hills Town Code,
Chapter 7, Buildings and Building Regulations, Article 7-10, Development Fees, relating to
adjustments to development fees for the Town of Fountain Hills.
Z:\Council Packets\2009\R12-3-09\091203A.docx Last printed 11/30/2009 5:26 PM Page 3 of 3
6. 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.
7. SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager.
8. ADJOURNMENT.
DATED this 30th day of November, 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.
Saturday, December 5, 2009
◦7:00AM Dawn to Dusk Mountain Bike Ride, McDowell Mountain Park
◦8:00AM Guided hike - McDowell Mountain Preserve, end of Eagle Ridge Drive near the CopperWynd Resort
◦9:00AM Docent-Led Art Walk, Community Center
◦2:30PM “Global Gala” to Celebrate the Season, Community Center
◦3:00PM Town’s 20th Anniversary celebration, Community Center
◦6:00PM Stroll in the Glow, Ave. of the Fountains
Sunday, Dec. 6, @ 3:00PM and Mon., Dec. 7 @ 7:00PM, 2009
◦Community Chorus Concert, Community Center
Thursday, December 10, 2009
◦6:30PM Public Hearing, Proposed 2010 General Plan, Council Chambers
◦7:00PM Fountain Hills High School Band & Choir Concert
Saturday, December 12, 2009
9:00AM Electronics Recycling, FH High School
Planning & Zoning DepartmentDirectorUpdate1
Projects & Activities2New General Plan 2010Downtown Vision PlanA-frame Signs/Banners – Regulation ChangeMaster Preliminary Plat on Former STL2010 US Census
Environmental Initiatives•Trash & Recycling Collection•Grants for Saving Energy3
Reductions in Staff•Adjustments in Work Assignments•Coverage•Excellent Customer Service4
1064872.3
ORDINANCE NO. 09-09
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS
TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS,
ARTICLE 7-10, DEVELOPMENT FEES, RELATING TO ADJUSTMENTS TO
DEVELOPMENT FEES FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA.
WHEREAS, the Town received from Red Oak Consulting two written reports dated
April 2009, entitled “Infrastructure Improvement Plan” and “Development Fee Update” and
(collectively the “2009 Development Fee Study”) containing the studies and analysis required by
ARIZ. REV. STAT. § 9-463.05, as amended, relating to adjustments to the Town’s existing
development fees, which 2009 Development Fee Study has been released to the public; and
WHEREAS, notice of intention to assess modified development fees was given on April
28, 2009, as required by ARIZ. REV. STAT. § 9-463.05(C); and
WHEREAS, the 2009 Development Fee Study recommended increases for all fee
categories except for Law Enforcement and Open Space, which were recommended for
decreases; and
WHEREAS, a public hearing concerning the modified development fees was held on
July 2, 2009, in accordance with ARIZ. REV. STAT. § 9-463.05(C); and
WHEREAS, subsequent to the public hearing, the Arizona Legislature adopted House
Bill 2008, Laws 2009, Chapter 7, Forty-Ninth Legislature, Third Special Session, Section 41 of
which related to a moratorium on new or increased development fees (the “Moratorium”); and
WHEREAS, to comply with the Moratorium, the Town Council desires to impose a
delay in implementation of the fee increases until expiration or elimination of the Moratorium,
while at the same time immediately implementing (subject to statutory time frames) the
decreases in fees recommended by the 2009 Development Fee Study.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION 2. The Fountain Hills Town Code, Chapter 7, Buildings and Building
Regulations, Article 7-10, Development Fees, Section 7-10-8, Fees, is hereby deleted in its
entirety and replaced with the following:
Section 7-10-8 Fees
A. All new residential (single family and multifamily) and non-residential development in
the Town shall be subject to payment of the development fees in amounts as periodically
adopted and adjusted by the Town Council pursuant to ARIZ. REV. STAT. § 9-463.05, as
amended.
1064872.3
2
B. Pursuant to ARIZ. REV. STAT. § 9-463.05(F), as amended, the development fees adopted
by the Town Council according to this section will automatically adjust for inflation
using the Engineering News Record - 20 City Construction Cost Index (ENR-CCI) on the
first day of each Fiscal Year following adoption. The Town shall provide public notice of
such annual adjustments at least thirty (30) days in advance of their effective dates.
C. The amounts of the development fees adopted or adjusted as set forth above shall be set
forth in a fee schedule adopted by the Town Council by ordinance, resolution or as part
of the Town’s annual budget.
SECTION 3. The following modified development fees are hereby adopted:
Fee Area Unit Fee
General Government
Residential (1) dwelling $1,549
Non-Residential (2) s.f. $0.966
Law Enforcement
Residential (1) dwelling $112
Non-Residential (2) s.f. $0.070
Open Space
Residential (1) dwelling $430
Parks & Recreation
Residential (1) dwelling $2,289
Streets
SF-Residential dwelling $5,614
MF-Residential dwelling $3,942
Commercial s.f. $8.207
Hotel s.f. $2.258
Industrial s.f. $1.952
Office s.f. $4.897
Fire & Emergency
Residential (1) dwelling $207
Non-Residential (2) s.f. $0.129
Library & Museum
Residential (1) dwelling $258 (1)Residential includes single and multi-family dwelling units. (2)Non-Residential includes commercial and industrial square footage
1064872.3
3
SECTION 4. The fees adopted pursuant to this Ordinance shall not become effective
until 75 days after the adoption of this Ordinance, subject to the further limitations set forth in
Section 5 below.
SECTION 5. The fees for Law Enforcement and Open Space shall be collected in the
amounts set forth in this Ordinance beginning upon the first day such fees are effective. The fees
for General Government, Parks and Recreation, Streets, Fire and Emergency and Library and
Museum shall be collected in the amounts existing prior to adoption of this Ordinance until the
earlier to occur of (i) expiration or elimination of the Moratorium or (ii) July 1, 2011.
SECTION 6. The fee schedule adopted by the Town Council as part of its 2009-2010
Fiscal Year budget is hereby amended to include the adjusted development fees for Law
Enforcement and Open Space adopted pursuant to this Ordinance, subject to the delayed
effective date set forth above. The Fee Schedule adopted by the Town Council as part of its
2010-2011 Fiscal Year budget shall include all of the adjusted development fees adopted by this
Ordinance.
SECTION 7. If any provision or any portion of any provision of this Ordinance is for
any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, December 3, 2009.
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