HomeMy WebLinkAbout4-21-05
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NOTICE OF THE
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Mike Archambault Councilman Keith McMahan
Councilman John Kavanagh Vice Mayor Kathleen Nicola
Councilman Ed Kehe Councilman Jay Schlum
DATE: THURSDAY, APRIL 21, 2005
TIME: 6:30 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B
16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state
their name prior to commenting and to direct their comments to the Presiding Officer and not to
individual Council Members. Speakers’ statements should not be repetitive. If a speaker chooses
not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak
on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer
any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may
be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours
prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or
during a Meeting. Please be respectful when making your comments. If you do not comply with
these rules, you will be asked to leave.
Document in 4-21-05.obd Page 2 of 3 Last printed 4/15/2005 4:11 PM
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Pastor Larry Finch, Four Peaks Community Church
• ROLL CALL – Mayor Nichols
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS –
(i) Presentation by representatives of VFW Post 7507 and American Legion Post
58 for the dedication of the Veterans Memorial and event planned for
Monday, May 30, 2005, Memorial Day Holiday.
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 TOWN COUNCIL MEETING MINUTES from April 7th,
2005.
*2.) CONSIDERATION of RESOLUTION 2005-27, abandoning whatever right, title, or interest
the Town has in certain public utility and drainage easements located at the northerly property
lines of Plat 603C, Block 2, Lot 34 (15832 E. Cholla Drive) as recorded in Book 161 of Maps,
Page 43, Records of Maricopa County, Arizona. EA05-07 (Kaufman).
*3.) CONSIDERATION of RESOLUTION 2005-28, abandoning whatever right, title, or interest
the Town has in certain public utility and drainage easements located at the southerly property
lines of Plat 111, Block 7, Lot 9 (16623 E. Ashbrook Drive, Unite A) as recorded in Book 150
of Maps, Page 12, Records of Maricopa County, Arizona. EA05-08 (Lucas).
*4.) CONSIDERATION of RESOLUTION 2005-29, abandoning whatever right, title, or interest
the Town has in certain public utility and drainage easements located at the northerly property
lines of Plat 204, Block 13, Lot 6 (11208 N. Teller Drive) as recorded in Book 141 of Maps,
page 10, Records of Maricopa County, Arizona. EA05-09 (Lydick).
*5.) CONSIDERATION of approving the EXTENSION OF PREMISE APPLICATION submitted
by Ausencio Sanchez for Que Bueno Restaurant located at 13207 N. La Montana Drive for May
5, 2005, from 3:00 to 9:00 p.m.
REGULAR AGENDA
6.) UPDATE by the Town Manager on the progress of implementing the Council’s goals.
7.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths
and weaknesses and discuss possible improvements for future meetings.
8.) 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: NONE
9.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
10.) ADJOURNMENT.
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DATED this 15th day of April, 2005.
___________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-
800-367-8939 (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.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: April 21, 2005
Submitting Department: Parks and Recreation Contact Person: Mark C. Mayer
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: Presentation by representatives of VFW Post 7507 and American Legion Post 58 for
the dedication of the Veterans Memorial and events planned for Monday, May 30, 2005, Memorial Day.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: American Legion Post 58 and VFW Post 7507 are planning a
dedication ceremony for the soon to be completed Veterans Memorial in Fountain Park. This ceremony is the
culmination of many years of work by the two local groups to bring the monument to reality.
The two groups are planning the dedication ceremony appropriately for Memorial Day, Monday, May 30, 2005.
In preparation for the event, the two veterans groups would like to address the Council about their planned
activities that day that currently include, among other things, the landing and take off of an Apache helicopter.
Carl Propp, Chair of the VFW Post 7507 Veterans Memorial Committee and Bruce Thulien, Post Commander,
VFW Post 7507 will address the Council.
List All Attachments as Follows:
Type(s) of Presentation: Verbal
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: April 21, 2005
Submitting Department: Administration Contact Person: Bender
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other: Draft Meeting Minutes
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES
from April 7th, 2005.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Approve the council meeting minutes for archival purposes.
List All Attachments as Follows: Draft minutes.
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
Document in 4-21-05.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 4/21/05
Submitting Department: Public Works Contact Person: Tom Ward
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: Consideration of RESOLUTION 2005-27 abandoning whatever right, title,
or interest the Town has in the certain public utility and drainage easement located at the northerly
property line of Plat 603C, Block 2, Lot 34 (15832 E. Cholla Drive) as recorded in Book 161 of Maps,
Page 44 Records of Maricopa County, Arizona, with stipulation. EA05-07 (Kaufman)
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Request for abandonment submitted February 18, 2005.
List All Attachments as Follows: Staff memo, resolution and abandonment exhibit
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
Document in 4-21-05.obd
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: March 22, 2005
FR: Art Candelaria, Civil Engineer
Randy Harrel, Town Engineer
Reviewed: Tom Ward, Director of Public Works
RE: Easement Abandonment - EA05-07
15832 E. Cholla Drive
Plat 603C, Block 2, Lot 34
This item on the Town Council's agenda is a proposal to abandon portions of the ten (10’) foot public utility and
drainage easement located at the northerly property line of Plat 603C, Block 2, Lot 34, (15832 E. Cholla Drive) as
shown in Exhibit “A”. The property owners desire 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 the
proposed abandonment of this public utility easement. A 10’x10’ public utility easement needs to be
granted at the southwest corner for existing and proposed 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 owners of Lot 34 are required to pass the developed flows generated by the upstream lots across
their property.
Staff recommends approval of Resolution 2005-27, subject to the following stipulation:
• Grant a 10’x10’ public utility easement at the southwest corner of the site. (EAA05-04)
Enc: Resolution
Exhibit
C: Rachel Kaufman
Adjacent Property Owners
Document in 4-21-05.obd
RESOLUTION 2005-27
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENT AT THE NORTHERLY PROPERTY LINE OF PLAT 603C,
BLOCK 2, LOT 34, 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 portions of the certain ten (10’) foot public utility and drainage easement,
located at the northerly property line of Plat 603C, Block 2, Lot 34, 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, are hereby declared to be abandoned by the Town.
Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is
required to pass the developed flows generated by the upstream lots across their property.
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]
Document in 4-21-05.obd
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, April 21,
2005.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
Document in 4-21-05.obd
Document in 4-21-05.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 4/21/05
Submitting Department: Public Works Contact Person: Tom Ward
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: Consideration of RESOLUTION 2005-28 abandoning whatever right, title,
or interest the Town has in the certain public utility and drainage easements located at the southerly
property line of Plat 111, Block 7, Lot 9 (16623 E. Ashbrook Drive, Unit A) as recorded in Book 150 of
Maps, Page 12 Records of Maricopa County, Arizona, with stipulation. EA05-08 (Lucas)
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Request for abandonment submitted March 3, 2005.
List All Attachments as Follows: Staff memo, resolution and abandonment exhibit
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
Document in 4-21-05.obd
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: March 22, 2005
FR: Art Candelaria, Civil Engineer
Randy Harrel, Town Engineer
Reviewed: Tom Ward, Director of Public Works
RE: Easement Abandonment - EA05-08
16623 E. Ashbrook Drive, Unit A
Plat 111, Block 7, Lot 9
This item on the Town Council's agenda is a proposal to abandon portions of the twenty (20’) foot public utility and
drainage easements located at the southerly property line of Plat 111, Block 7, Lot 9, (16623 E. Ashbrook Drive,
Unit A) as shown in Exhibit “A”. The property owners desire 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 the
proposed abandonment of this public utility easement. A 10’x10’ public utility easement needs to be
granted at the northwest corner for existing and proposed 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 owners of Lot 9 are required to pass the developed flows generated by the upstream lots across
their property.
Staff recommends approval of Resolution 2005-28, subject to the following stipulation:
• Grant a 10’x10’ public utility easement at the northwest corner of the site. (EAA05-05)
Enc: Resolution
Exhibit
C: Theodore L. Lucas Tr
Adjacent Property Owners
Document in 4-21-05.obd
RESOLUTION 2005-28
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS AT THE SOUTHERLY PROPERTY LINE OF PLAT 111,
BLOCK 7, LOT 9, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 150
OF MAPS, PAGE 12 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 portions of the certain twenty (20’) foot public utility and drainage easement,
located at the southerly property line of Plat 111, Block 7, Lot 9, Fountain Hills, as recorded in Book 150
of Maps, Page 12 records of Maricopa County, and as more particularly described in Exhibit A, attached
hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain
lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass
the developed flows generated by the upstream lots across their property.
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]
Document in 4-21-05.obd
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, April 21,
2005.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
Document in 4-21-05.obd
Document in 4-21-05.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 4/21/05
Submitting Department: Public Works Contact Person: Tom Ward
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: Consideration of RESOLUTION 2005-29 abandoning whatever right, title,
or interest the Town has in the certain public utility and drainage easements located at the westerly and
northerly property lines of Plat 204, Block 13, Lot 6 (11028 N. Teller Drive) as recorded in Book 141 of
Maps, Page 10 Records of Maricopa County, Arizona. EA05-09 (Lydick)
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Request for abandonment submitted March 7, 2005.
List All Attachments as Follows: Staff memo, resolution and abandonment exhibit
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
Document in 4-21-05.obd
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: March 22, 2005
FR: Art Candelaria, Civil Engineer
Randy Harrel, Town Engineer
Reviewed: Tom Ward, Director of Public Works
RE: Easement Abandonment - EA05-09
11028 N. Teller Drive
Plat 204, Block 13, Lot 6
This item on the Town Council's agenda is a proposal to abandon portions of the ten (10’) foot public utility and
drainage easements located at the westerly and northerly property lines of Plat 204, Block 13, Lot 6, (11028 N.
Teller Drive) as shown in Exhibit “A”. The property owners desire 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 the
proposed abandonment of this public utility easement except that SRP requested to retain the northerly
public utility easement to be retained for existing and potential future utility facilities, but has indicated
that they will accept encroachment into the easement by a fence.
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 westerly and northerly drainage easements proposed to be
abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage
runoff. The property owners of Lot 6 are required to pass the developed flows generated by the upstream
lots across their property.
Staff recommends approval of Resolution 2005-29.
Enc: Resolution
Exhibit
C: Donald Lydick
Adjacent Property Owners
Document in 4-21-05.obd
RESOLUTION 2005-29
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS AT THE WESTERLY AND NORTHERLY PROPERTY
LINES OF PLAT 204, BLOCK 13, LOT 6, FOUNTAIN HILLS, ARIZONA, AS
RECORDED IN BOOK 141 OF MAPS, PAGE 10 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 portions of the certain ten (10’) foot public utility and drainage easement,
located at the westerly and northerly property lines of Plat 204, Block 13, Lot 6, Fountain Hills, as
recorded in Book 141 of Maps, Page 10 records of Maricopa County, and as more particularly described in
Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by
the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property
owner is required to pass the developed flows generated by the upstream lots across their property.
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]
Document in 4-21-05.obd
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, April 21,
2005.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
Document in 4-21-05.obd
Document in 4-21-05.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 4/21/05
Submitting Department: Public Works Contact Person: Tom Ward
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: Consideration of the extension of premise application submitted by
Que Bueno Restaurant located at 13207 N. La Montana Drive on May 5, 2005 from 3:00 to 9:00
PM.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: To obtain Council approval for the extension
of premises submitted by Que Bueno Restaurant. It received a favorable recommendation from
the Sheriff's Office. At the manager's request in an attempt to reduce paper, full applications will
not be reproduced for the packets. The front page will be included for representative purposes
and the full application is available for review in the clerk's office.
List All Attachments as Follows: Staff memo; Sheriff Office memo; application front page
Type(s) of Presentation: Consent Agenda
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
Document in 4-21-05.obd
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: April 7, 2005
FR: Tom Ward, Director of Public Works
RE: Que Bueno Restaurant
Extension of Premise
Que Bueno Restaurant has requested an extension of premise permit for May 5, 2005 from 3:00
to 9:00 PM.
The applicant is an Arizona resident with no wants or warrants and there is a current Fountain
Hills business license on file.
Public Works and the Maricopa County Sheriff's Office have reviewed the application and
recommend approval by the Council.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 4/21/05
Submitting Department: Administration Contact Person: Tim Pickering
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause
Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic
Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: UPDATE by the Town Manager on the progress of implementing
the Council's goals.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information:
List All Attachments as Follows: Town Manager will review FY2004-05 goals established by
the Council at their January 2004 retreat and update progress toward each goal.
Type(s) of Presentation: Verbal
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
Goal Progress Report Page 2 April 21, 2005
____________________________
Town Manager
REPORT TO
FOUNTAIN HILLS TOWN COUNCIL
3rd QUARTER
PROGRESS TOWARD
GOALS
FY2004-05 BUDGET
Presented by
Timothy G. Pickering, Town Manager
April 21, 2005
Goal Progress Report Page 3 April 21, 2005
OVERVIEW
During a goal-setting retreat in January, 2004 the Town Council identified primary
goals for the FY2004-05 budget.
A second retreat was held with management staff to develop specific
implementation plans and identify resources necessary to carry out the goals
established by the Council.
However, during the FY2004-05 budget hearings the resources that had been
identified as necessary to accomplish some of the Council’s goals were
eliminated, i.e., two new staff positions for the following goals: public information
program; operational contingency plan for fire service; strategic plan; and a
revenue ballot measure.
Thus, the public information program and revenue ballot measure have been put
on hold, while the fire service contingency has been limited in scope.
Goal Progress Report Page 4 April 21, 2005
EXECUTIVE SUMMARY
The following graph depicts progress the staff has made toward achieving all goals.
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FIRE SERVICE CONTINGENCY PLAN
STRATEGIC PLAN
STATE TRUST LAND
SUCCESSION PLAN
WATER ANALYSIS
PROGRESS TO GOALS
Percent Complete
The Town Manager and all Staff are readily available to answer questions
regarding this report.
Goal Progress Report Page 5 April 21, 2005
FIRE SERVICE CONTINGENCY PLAN
The objectives of this goal are as follows:
1) Prepare a report on the cost of a municipal fire department in the event
that Rural/Metro cancels service to Fountain Hills;
2) Make a recommendation regarding any changes to the existing
Rural/Metro contract considering the effect of the City of Scottsdale’s
newly formed municipal department.
The first order of business having to do with fire service is to ensure a seamless
transition during Scottsdale’s change to a municipal department. Accordingly,
the staff met with representatives of the Fort McDowell fire department, the Rio
Verde Fire District, and the City of Scottsdale’s fire department to begin working
on mutual aid agreements between the communities in late 2004. Those talks
continue and drafts have been reviewed by all parties and their legal staffs. The
Town staff is meeting with Scottsdale’s Fire Chief on April 18 to continue
negotiations on a mutual aid agreement that will be the model for the other
neighboring mutual aid agreements.
As reported at the end of 1st Quarter, our greatest chance for successfully having
a choice of contracted fire service lies with Scottsdale. To that end, meetings
have been held with the Towns of Carefree and Paradise Valley who are in
similar, yet different, situations regarding fire service than Fountain Hills.
Scottsdale is open to the arrangement possibly in future years.
The Town is secure with its present arrangement, given the existence of a long-
term contract with the Rural/Metro Corporation and a two-year termination clause
that favors the Town. However, the Town is taking a wait-and-see approach to
contracting with Scottsdale operations due to the operations being new and the
proposed per capita formula cost of approximately $3.5M or $1M more than our
current costs. Once Scottsdale’s operations are up and running for a few years,
contracting can be further explored. A rough estimate of the capital cost born by
Fountain Hills to switch our communication over to Scottsdale’s system, should
we ever decide to contract with Scottsdale, is $365,000.
It is important to note that discussions with Scottsdale are very general at this
time and our five-year agreement with Rural/Metro is still in place.
Goal Progress Report Page 6 April 21, 2005
Work continues to develop the cost scenario of a municipal department. The
accounting supervisor is setting up the spreadsheet to determine the estimated
personnel cost of a municipally run fire department. The public safety pension
plan costs are being explored to ensure accuracy of estimates. Communication
and dispatching costs will also have to be considered.
As the Council is aware, Mark Zimmerman, our current Fire Chief, has accepted
a position in Scottsdale. After advertising nationally, Rural/Metro invited the
Town to participate in the interviews for the Chief’s position in mid-April.
Rural/Metro is in the process of making an offer to an individual and we should
soon know if he has accepted the position. The Town appreciated Rural/Metro’s
willingness to include us in the selection process.
Additionally, due to a shift in personnel (our Fire Marshall has left the fire
profession), a new Assistant Chief/Fire Marshall will need to be hired. This
position was previously provided by Rural/Metro at no charge. In FY2005-06, the
Town will be required to pay for this position. This is the position that was listed
as unfilled until mutually agreed upon in our contract. The time has come to refill
the position.
Goal Progress Report Page 7 April 21, 2005
STRATEGIC PLAN
Several key strategic plan actions were taken during the 3rd Quarter:
• The Strategic Planning Kick-off event was held in January at the
Community Center
• Blackerby Associates was hired to facilitate the strategic planning process
• Local communications company, Image Weavers, was selected to
coordinate distribution of information to the Town’s citizens
• Technical Advisory Committee members performed 35 “key informant”
interviews, designed to obtain revelvant information on the history and
current state of the Town
• Where We Are Now Report was published
• Youth Visioning Institute was held to obtain the input of high school
student on the Town’s future
• Technical Advisory Committee members chaired the following sub-
committees: Market Research; Town Hall; Youth Visioning Institute;
Speakers’ Bureau; Communications
• Citizen volunteers met in several subcommittee meetings
• To date, hundreds of volunteer hours have been contributed toward
development of the strategic plan
• Technical Advisory Committee planned and executed the April 14 and 15
Town Hall
• The first strategic planning newsletter was published and distributed
Goal Progress Report Page 8 April 21, 2005
Strategic Planning Project Schedule:
March 2005
Youth Visioning
Institute:
March 16
Where We Are
Now – Strategic
Position Report
April 2005
Town Hall I:
April 15 and 16
Newsletter #1
May 2005
Strategic Framework
--Community Values,
Vision and Focus
Areas Report
June 2005
Planning Retreat
and Summary
Report
Focus Groups
Newsletter #2
July 2005
Town Council
Report on
Planning Retreat
August 2005
Town Hall II:
August 13
September 2005
Newsletter #3
October 2005
Community Survey
November 2005
Town Council
Work Session on
Strategic Plan
December 2005
Town Council
Vote on
Strategic Plan
January 2006
Celebratory
Open House:
January 12
Strategic Plan
Report
Newsletter # 4
Goal Progress Report Page 9 April 21, 2005
STATE TRUST LAND
In January, Town staff had discussions with staff from the cities of Phoenix,
Peoria, Cave Creek and Scottsdale regarding their experiences with the sale of
State Trust Land. We reviewed the statutes that pertain to the Urban Lands Act.
We contacted potential planners that would be capable of preparing a General
Plan Amendment for the Town (all of which are on the State Land Department’s
list of planners qualified to prepare plans for State Land). Staff talked to a former
State Land Commissioner regarding the Urban Lands Act process. We had
discussions with the Sanitary District and Water Company about the processes
they will go through to expand their service areas to serve the State Land.
Since the middle of February, staff has met four separate times to discuss and
research various issues surrounding the goal of annexing this property. Within
this same period of time, we also met with the Land Commissioner and/or his
staff on five separate occasions.
Following a letter dated March 3, 2005 from the Mayor to Chaparral City Water
Company supporting their request for an “Order Preliminary” with the Corporation
Commission, staff retained the services of a utility expert who will be able to
advise staff about this process.
On March 3, 2005, Town staff attended a presentation by the State Land
Commissioner sponsored by the Arizona League of Cities and Towns. Staff
provided the State Land Department with additional technical information,
including a generalized street plan for the State Trust Land. On March 25, 2005,
the Town issued a press release regarding the Town’s position on the disposition
of the State Trust Land. Also on that date, a letter was sent to the State Land
Commissioner concerning the Town’s continued interest in annexation of the
State Trust Land.
On March 30, 2005, the State Land Commissioner designated the State Trust
Land north of the Town as “under consideration for classification as suitable for
urban planning”. The next step in the Urban Lands Act process is a “notice of
intent to classify the lands as suitable for urban planning” and “of intent to
prepare a state general plan”. Within 30 days of this notice, the Commissioner
will publish details of a public hearing on the issue.
According to State Statute, “within sixty days after the last date of publication of
notice,” the Commissioner will conduct the public hearing referenced above. The
Commissioner may then classify the land as urban land suitable for urban
planning and may approve a state general plan. To do this, the Commissioner
must first make a determination on 17 items in Statute. These items deal with
public notice, existing conditions of surrounding land, planning of surrounding
Goal Progress Report Page 10 April 21, 2005
land, proximity to other jurisdictions, compatibility with adjoining development, a
reliable water supply, cooperation with other jurisdictions, development policies
of nearby jurisdictions, impact on public facilities, the long-term interest of the
trust, future land use, natural and artificial features, timing of development,
impact on existing leases, resources available to plan the land, and other
relevant considerations.
Fountain Hills Unified School District is conducting a vote on May 17, 2005 to
determine if the State Trust Land will be included in their district.
Goal Progress Report Page 11 April 21, 2005
SUCCESSION PLAN
Human Resources and Department Directors have met to identify key positions
and predict future staffing needs.
Staff will next evaluate who individually might make a good successor and speak
with those employees to determine interest and qualifications to move into key
positions. A plan will be put into place to ensure they work closely together.
The Succession Plan has already been initiated with the hiring of an Assistant
Director of Public Works, a professional engineer who will be able to succeed
either the Town Engineer or the Director of Public Works in the event either of
those positions becomes vacant.
The entire Succession Plan report is in its final draft form and a completed report
is planned to be included in the FY2005-06 draft budget document.
Goal Progress Report Page 12 April 21, 2005
WATER ANALYSIS
This project was reported as 100% complete at the end of 1st Quarter.
Goal Progress Report Page 13 April 21, 2005
SUMMARY
The Council goals are progressing nicely along with many other key projects
such as constructing the new Town Hall and park amenities, creating a master
plan and developing the downtown.
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NOTICE OF THE
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Mike Archambault Councilman Keith McMahan
Councilman John Kavanagh Vice Mayor Kathleen Nicola
Councilman Ed Kehe Councilman Jay Schlum
DATE: THURSDAY, APRIL 21, 2005
TIME: 6:30 P.M. REGULAR SESSION
WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B
16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town
Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council
Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk or the
Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state
their name prior to commenting and to direct their comments to the Presiding Officer and not to
individual Council Members. Speakers’ statements should not be repetitive. If a speaker chooses not
to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on
the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any
portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may
be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours
prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or
during a Meeting. Please be respectful when making your comments. If you do not comply with
these rules, you will be asked to leave.
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• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Pastor Larry Finch, Four Peaks Community Church
• ROLL CALL – Mayor Nichols
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS –
(i) Presentation by representatives of VFW Post 7507 and American Legion Post
58 for the dedication of the Veterans Memorial and event planned for
Monday, May 30, 2005, Memorial Day Holiday.
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 TOWN COUNCIL MEETING MINUTES from April 7th,
2005.
*2.) CONSIDERATION of RESOLUTION 2005-27, abandoning whatever right, title, or interest
the Town has in certain public utility and drainage easements located at the northerly property
lines of Plat 603C, Block 2, Lot 34 (15832 E. Cholla Drive) as recorded in Book 161 of Maps,
Page 43, Records of Maricopa County, Arizona. EA05-07 (Kaufman).
*3.) CONSIDERATION of RESOLUTION 2005-28, abandoning whatever right, title, or interest
the Town has in certain public utility and drainage easements located at the southerly property
lines of Plat 111, Block 7, Lot 9 (16623 E. Ashbrook Drive, Unite A) as recorded in Book 150
of Maps, Page 12, Records of Maricopa County, Arizona. EA05-08 (Lucas).
*4.) CONSIDERATION of RESOLUTION 2005-29, abandoning whatever right, title, or interest
the Town has in certain public utility and drainage easements located at the northerly property
lines of Plat 204, Block 13, Lot 6 (11208 N. Teller Drive) as recorded in Book 141 of Maps,
page 10, Records of Maricopa County, Arizona. EA05-09 (Lydick).
*5.) CONSIDERATION of approving the EXTENSION OF PREMISE APPLICATION submitted
by Ausencio Sanchez for Que Bueno Restaurant located at 13207 N. La Montana Drive for May
5, 2005, from 3:00 to 9:00 p.m.
REGULAR AGENDA
6.) UPDATE by the Town Manager on the progress of implementing the Council’s goals.
7.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths
and weaknesses and discuss possible improvements for future meetings.
8.) 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: NONE
9.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
10.) ADJOURNMENT.
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DATED this 15th day of April, 2005.
___________________________
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-
800-367-8939 (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.