HomeMy WebLinkAbout5-5-05NOTICE 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, MAY 5, 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.
xCALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
xINVOCATION – Pastor Todd Knock, First Baptist Church
xROLL CALL – Mayor Nichols
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xSCHEDULED PUBLIC APPEARANCES/PRESENTATIONS –
(i) Staff will report on the recently concluded spring series of “Concerts in the
Park” and the Mayor will recognize the Fountain Hills Montessori School and
Phil’s Filling Station for their financial sponsorship, and
(ii) The Mayor will introduce Maricopa County Sheriff Joe Arpaio who will speak
on issues affecting Fountain Hills.
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 12th and
21st, 2005.
*2.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE submitted by the American Legion
Post #58. The request is for a fundraiser scheduled for May 30, 2005, from 8:00 AM to 10:00 PM.
*3.) CONSIDERATION of approving LIQUOR LICENSE APPLICATION submitted by Zofia Koziol
for La Bella Vita Trattoria located at 16726 E. El Pueblo Boulevard. The application is for a new
Class 12 (restaurant license).
*4.) CONSIDERATION of RESOLUTION 2005-31, abandoning whatever right, title, or interest the
Town has in certain public utility and drainage easements located at the northerly property line of Plat
603A, Block 6, Lot 3 (15634 E. Sycamore Drive) as recorded in Book 196 of Maps, Page 28, Records
of Maricopa County, Arizona with stipulation. EA05-10 (Richards)
*5.) CONSIDERATION of approving a purchasing AGREEMENT with Sun Ports, International, Inc., to
install shade structures over the two new playgrounds at Fountain Park
REGULAR AGENDA
6.) DISCUSSION of banning motorized skateboards and other like vehicles from public roadways with
possible direction to staff.
7.) CONSIDERATION of initiating a TEXT AMENDMENT to the Zoning Ordinance to include an
Open Space Preservation District and possible initiation of a rezoning for the Town owned McDowell
Mountain Preserve land.
8.) CONSIDERATION of a SPECIAL USE PERMIT request for vehicle sales including outside display
and storage for Desert Dog Off Road, located at 17212 E. Shea Boulevard. Case #SU2005-02.
9.) PRESENTATION of the proposed Town of Fountain Hills Fiscal year 2005-2006 Budget by Ms.
Julie Ghetti and CONSIDERATION of the adoption of the MAXIMUM AMOUNT for the Fiscal
Year 2005-2006 TENTATIVE BUDGET, including all component units,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.
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PUBLIC NOTICE:
¾The Council will hold a Work-Study Session on the proposed Town of Fountain Hills Fiscal Year
2005-06 Budget, Tuesday, May 17, 2005, from 4:30 – 6:30 p.m., in the Council Chambers, Building
B.
¾The Council will hold a Public Hearing on the proposed Town of Fountain Hills Fiscal Year 2005-06
Budget, at their regular meeting scheduled for Thursday, June 2, 2005, followed by their
consideration of adopting the final budget.
10.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and
weaknesses and discuss possible improvements for future meetings.
11.) 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.Requested by Vice Mayor Nicola - Placing the item of prioritizing and scheduling joint
meetings with the Commissions in the fall on a future agenda for action.
12.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
13.) ADJOURNMENT.
DATED this 29th 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.
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NOTICE OF THE
WORK STUDY SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Mike Archambault Councilwoman Keith McMahan
Councilman John Kavanagh Vice Mayor Kathleen Nicola
Councilman Ed Kehe Councilman Jay Schlum
TIME: 4:30 – 6:30 P.M.
WHEN: TUESDAY, MAY 17, 2005
WHERE: TOWN HALL COUNCIL CHAMBERS
16836 E. PALISADES BOULEVARD, BUILDING B
ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary
purpose of work session meetings is to provide the Town Council with the opportunity for in-depth discussion and study of specific subjects.
Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate
circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the
Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations.
1.) CALL TO ORDER AND ROLL CALL – Mayor Nichols
Council Members of the Town of Fountain Hills will attend either person or by telephone conference
call. (Specifically: Vice Mayor Nicola will attend the work-study session by telephone conference
call.)
2.) DISCUSSION of the proposed Town of Fountain Hills Fiscal Year 2005-2006 Budget,
including the Eagle Mountain Community Facilities District, and the Cottonwoods
Community Maintenance District. The Council will discuss and consider all aspects of
revenues and expenditures.
3.) ADJOURNMENT.
PUBLIC NOTICE:
The Council will hold a Public Hearing on the Proposed Town of Fountain Hills Fiscal Year 2005-
2006 Budget and all component units, at their next regular meeting scheduled for Thursday, June 2,
2005, followed by their consideration of adopting the final budget.
DATED this 29th day of April, 2005.
By: 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 attend 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: May 5, 2005
Submitting Department: Parks and Recreation Contact Person: Mark 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: Report on Concerts in the Park
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:Report by staff on the recently concluded spring series of Concerts in the Park, and
recognition of the Fountain Hills Montessori School and Phil's Filling Station for their financial sponsorship.
Staff Recommendation:Approve Fiscal Impact: No $
Purpose of Item and Background Information:Update the Council regarding the recently completed series of
spring concerts in Fountain Park. Recognize the Fountain Hills Montessori School and Phil's Filling Station for
their financial sponsorship of the spring Concerts in the Park series. The concert series had not been provided
since 2002, due to previous budget constraints. Lastly, provide information regarding the current planning for the
fall concert series.
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
PARKS & RECREATION DEPARTMENT
INTER OFFICE MEMO
TO: Mayor Nichols & Town Council DATE: April 12, 2005
FR: Mark C. Mayer, Director RE: Acknowledgment of
Special Event Sponsors
CONCERTS IN THE PARK
On behalf of myself, the members of the Town Council and Staff, and the
residents of Fountain Hills, we wish to recognize contribution by the sponsors of
the 2005 spring series of “Concerts in the Park” at Fountain Park.
After a hiatus of several years, the Fountain Hills Montessori School and Phil’s
Filling Station stepped forward to sponsor the spring series of four concerts.
Because of their generosity, this Fountain Hills signature event again provided
enjoyment for the many residents and visitors at the park on successive Sunday
afternoons.
Their sponsorship allowed the “Concerts in the Park”, another wonderful tradition
in Fountain Hills, to be resurrected. This popular concert series had not been
offered since the spring of 2002.
Our appreciation to the Fountain Hills Montessori School and Phil’s Filling Station
for their willingness to once again serve the community through the sponsorship
of this unique Town event. Thank you.
Document in 5-5-05.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 5/5/05
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 2005-31 abandoning whatever right, title,
or interest the Town has in the certain public utility and drainage easements located at the northerly
property line of Plat 603A, Block 6, Lot 3 (15634 E. Sycamore Drive) as recorded in Book 196 of Maps,
Page 28 Records of Maricopa County, Arizona, with stipulation. EA05-10 (Richards)
Staff Recommendation:Approve Fiscal Impact: No $
Purpose of Item and Background Information:Request for abandonment submitted for the purpose of
installing a pool and spa.
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
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TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council DT: March 29, 2005
FR: Art Candelaria, Civil Engineer
Randy Harrel, Town Engineer
Reviewed: Tom Ward, Director of Public Works
RE: Easement Abandonment - EA05-10
15634 E. Sycamore Drive
Plat 603A, Block 6, Lot 3
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 northerly property line of Plat 603A, Block 6, Lot 3, (15634 E. Sycamore 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’ x 10’ public utility easement needs to be granted at the
southeast 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 northerly 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 3 are required to pass the developed flows generated by the upstream lots across
their property.
Staff recommends approval of Resolution 2005-31, subject to the following stipulation:
• Grant a 10’ x 10’ public utility easement at the southeast corner of the site (EAA05-07).
Enc: Resolution
Exhibit
C: Steven & Susan Richards
Adjacent Property Owners
Document in 5-5-05.obd
RESOLUTION 2005-31
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 LOCATED AT THE NORTHERLY PROPERTY LINE OF
PLAT 603A, BLOCK 6, LOT 3, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN
BOOK 196 OF MAPS, PAGE 28 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 603A, Block 6, Lot 3, Fountain Hills, as recorded in Book 196
of Maps, Page 28 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 5-5-05.obd
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, May 5,
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 5-5-05.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: May 5, 2005
Submitting Department: Parks and Recreation Contact Person: Mark 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:Consideration of approving a purchasing agreement with Sun Ports International,
Inc. to install shade structures over the two new playgrounds at Fountain Park.
Staff Recommendation:Approve Fiscal Impact: Yes $86,584.66
Purpose of Item and Background Information:Staff is recommending approval of an agreement with Sun
Ports International, Inc. for the purchase and installation of shade structures over the two new playgrounds at
Fountain Park. The additional funding would come from the Parks and Recreation Development fees.
Installation of the shade structures would be completed in June 2005 and would fulfill the Town’s commitment to
Arizona State Parks for the grant.
List All Attachments as Follows:Staff Memo
Type(s) of Presentation:None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PARKS & RECREATION DEPARTMENT
INTER OFFICE MEMO
TO: Mayor Nichols & Town Council DATE: April 27, 2005
FR: Mark Mayer, Director
Bryan Hughes, Recreation Supervisor
RE: Fountain Park –
Playground Shade Structures
The Town of Fountain Hills recently completed a contract with Ardavin Builders, Inc. for Fountain Park –
Phase II Improvements. The Phase II Improvements included a children's playground and tot lot, an
amphitheater, Kiwanis ramada with tables and barbeque, and 2,100 linear feet of walkways at a final cost
of $783,316.
Background
The Fountain Park – Phase II Improvements construction documents (i.e. plans and specifications)
included shade structures at the children’s playground and tot lot. However, all five bidders interpreted
the shade structures as an alternate to the project and not part of the original scope of work.
Subsequently, the Town awarded the contract to Ardavin Builders, Inc. as the lowest bidder, excluding
the installation of the shade structures.
After reviewing the contract documents, it was determined that the shade structures were not clearly
defined in the base bid. Following further investigation and discussions with all the project bidders, it
was concluded that the shade structures were not clearly identified as being included in the original scope
of work, and therefore, were not included in the base bid by any of the contractors that submitted bids in
June 2004. The Town Attorney further concluded that Ardavin Builders, Inc. was not liable for the
installation of the shade structures.
The Town of Fountain Hills is ultimately responsible for installing the shade structures as part of the Land
and Water Conservation Fund grant that was received. The shade structures, originally estimated to cost
$130,000, were a scope item that cannot be deleted from the grant. Additionally, the shade structures will
help to prevent possible burns from the equipment as a result of the high temperatures during the Arizona
summers.
Recommendation
Staff recommends approving an agreement in the amount of $86,584.66 with Sun Ports International Inc.
for the purchase and installation of shade structures through the Mohave Educational Services
Cooperative. The additional funding would come from the Parks and Recreation Development fees.
Installation of the shade structures would be completed in June 2005, and would fulfill the Town’s
commitment to Arizona State Parks for the grant.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 5/5/05
Submitting Department: Public Works Contact Person: Dana Burkhardt, AICP, Sr .Planner
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: Text Amendment Initiation
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 initiating a TEXT AMENDMENT to the Zoning Ordinance
to include an “Open Space Preservation" District and possible initiation to rezone the Town owned McDowell
Mountain Preserve land to said district.
Staff Recommendation:Approve Fiscal Impact: No $
Purpose of Item and Background Information:On January 6, 2005, the Town Council initiated the rezoning
of the Town owned land known as the "McDowell Mountain Preserve" to the "OSR" Open Space Recreation
Zoning District. Upon further review of the permitted uses in the "OSR" district and other municipality's open
space mountain preserve zoning entitlements, staff has determined that an ordinance similar to the "OSP" district
presented in this report would more accurately support the proposed and future intended uses for this property.
Please refer to the following report for further details.
List All Attachments as Follows:Staff Report
Type(s) of Presentation:Powerpoint
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PLANNING & ZONING DIVISION
STAFF REPORT
TO: Mayor Nichols & Town Council MTG DT: May 5, 2005
FR: Dana Burkhardt, AICP, Senior Planner
THRU:Richard Turner, AICP, Planning &
Zoning Administrator
RE:Initiation of a text amendment to the
Zoning Ordinance to provide an “Open Space
Preservation” Zoning District Designation
SUMMARY:
On January 6, 2005, the Town Council initiated the rezoning of the Town owned land known as
the “McDowell Mountain Preserve” to the “OSR” (Open Space Recreation) Zoning District.
Upon further review of the permitted uses in the "OSR" district and research of other
municipality's open space mountain preserve zoning, Staff has determined that the attached
zoning ordinance would more accurately support the proposed and future intended uses for this
property.
EVALUATION:
On November 4, 1997, the Town electorate voted to allow the Town to issue and sell general
obligation bonds in the principal amount of $6 million to provide funds to acquire substantial
portions of the property known today as the “McDowell Mountain Preserve”. The ballot
language stated (Attachment A) the bond could be issued for the purposes of acquiring the land
for “open space preserves, parks, trails and recreational purposes”, and to “pay all
environmental, financial, legal, engineering and other costs incurred in connection with the
purpose and the issuance of the bonds”. In keeping with the intent of the ballot initiative, as well
as provide for the existing uses on the property and provide for the uses specified in the
Settlement Agreement between the Town and MCO Properties, the Town should rezone the land
from the existing “R1-43” Single-family Zoning District to an open space district
The “OSR” Zoning District provides for the intended uses of the land as specified in the ballot
initiative, and other uses as well. Uses such as golf courses and clubhouses, and Master Planned
Village Sales Center, and public and private utility services are allowed in OSR though the uses
may not be anticipated or technically feasible.
The “OSC” (Open Space Conservation) Zoning District only provides for the uses of
undeveloped natural land, trails, and no other uses or structures. This zoning district does not
allow the development of the planned uses such as the trailhead improvements, or provide for the
existing and planned utility facilities located in the preserve. It is Staff’s opinion that the “OSC”
Zoning District does not meet the intent of the ballot initiative or provide an avenue to approve
or modify the existing or the future planned improvements.
The City of Scottsdale utilizes several mechanisms to protect and govern activities in their
abutting mountain preserve areas. The “McDowell Sonoran Preserve” was initiated by the
citizens of Scottsdale to create an integrated desert open space preserve system in the McDowell
Mountains to link with the abutting community open space coridors such as Fountain Hills’. The
City of Scottsdale has tailored an ordinance specific to their McDowell Mountain preserve land.
The ordinance essentially provides broad management objectives and establishes a Commission
to oversee those objectives and provide recommendations to the Council for improvements in the
preserve. The ordinance does not provide a list of permitted uses per se, but establishes that “the
preserve will not contain traditional facilities or improvements associated with a public park, but
may contain facilities or improvements that the city determines are necessary or appropriate to
support passive recreational activities”.
In addition to the “McDowell Sonoran Preserve”, the City of Scottsdale adopted the “ESLO”
(Environmentally Sensitive Lands Ordinance) in 1991. This ordinance is an overlay to base
residential and commercial zoning designations and was developed to protect environmentally
sensitive areas and guide development located north and east of the Central Arizona Project
canal and the McDowell Mountains (the land abutting Fountain Hills). Some City of Scottsdale
properties abutting the the Town of Fountain Hills within the ESLO overlay designation are
zoned “COS” (Conservation Open Space) Zoning District. The COS district is the most
compatible zoning district designation to the uses and intent of Fountain Hills “McDowell
Mountain Preserve”. Please refer to the “Open Space Preserve Matrix” attached (Attachment B)
for a matrix of permitted uses discussed in this study.
The Town of Cave Creek provides both an “OSP” (Open Space Preservation) and “OSC” (Open
Space Conservation) Zoning designations, similar to Fountain Hills. The Town of Cave Creek
does not currently have land zoned in either of these districts. Portions of the Black Mountain
open space area have been purchased by citizens as a conservacy. Staff is not aware of any other
preservation mechanisms utilized by Cave Creek. The Town of Carefree does not have an open
space zoning district and the Town does not own open space land according to their planning
staff.
Based on the research provided, it is Staff’s opinion that there are two primary concerns the
Council should consider in the rezoning of the McDowell Mountain Preserve. First, the Council
should be the approving authority for all future improvements and uses in the preserve to ensure
compatibility and sensitivity while preserving the natural character of the land. The Council
currently has this authority through the adoption of the “Master Plan for Fountain Hills
McDowell Mountain Preserve”. Secondly, the Council should adopt an ordinance which will
provide the flexibiltiy to consider the proposed uses as well as unanticipated trail and utility
improvements for the future.
Staff has discussed the rezoning of the preserve land with the MMPC at their March 1st and April
5th , 2005 meetings. The Commission generally agrees that an alternative zoning designation is
appropriate to allow the planned and unplanned facilities and future improvements, while
preserving the intent of the bond.
RECOMMENDATION:
Staff recommends the Council amend the Zoning Ordinance to replace the OSC Zoning District
with an “OSP” (Open Space Preserve) Zoning District and consider the following verbiage:
Section 9.02 Permitted Uses:
A. In the Open Space Preservation (“OSP”) Zoning District:
1. Undeveloped natural land and open space
2. Parks and Nature preserves
3. Archaeological or Historical Sites
4. Public trailhead with facilities, including uses such as ranger stations, parking areas,
restrooms, seat benches, covered ramada structures, and features that substantially
conform with the adopted Master Plan for Fountain Hills McDowell Mountain Preserve
5. Trails, and trail improvements such as but not limited to seat benches and covered
ramadas and features that substantially conform with the adopted Master Plan for
Fountain Hills McDowell Mountain Preserve
6. Utility services and emergency access easements, but not including offices, waste water
treatment plants, and generating stations, sub-stations, with the approval of the Town
Council.
7. No other uses or structures, except those allowed above, are permitted in the OSP Zoning
District.
Staff recommends the Council make a motion to initiate the OSP Zoning District text
amendment and initiate the rezoning of the Town owned preserve land to the OSP designation.
If the Council wishes to consider rezoning the “McDowell Mountain Preserve” land to the
“OSR” Open Space Recreation Zoning District, as initiated on January 6, 2005, Staff suggests
the Council direct Staff to proceed with rezoning to the OSR designation.
Attachments: A) Official Ballot Language
B) Open Space Preserve Matrix
Attachment A
OPEN SPACE PRESERVE MATRIX
(Attachment B)
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 5/5/05
Submitting Department: Administration Contact Person: 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: The Town of Fountain Hills Fiscal Year 2005-06 Tentative Budget
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:PRESENTATION of the proposed Town of Fountain Hills Fiscal year 2005-2006
BUDGET by Ms. Julie Ghetti and CONSIDERATION of the adoption of the MAXIMUM AMOUNT for the
Fiscal Year 2005-2006 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: No $
Purpose of Item and Background Information:The purpose of this item is to approve a maximum amount for
the Town of Fountain Hills Fiscal year 2005-06 tentative budget. At this time, staff is requesting that the Council
look at this item as a housekeeping item in order to establish the maximum amount, which if directed by the
Council to do so will allow staff to publish the tentative budget in accordance with state law.
Please note the following meeting schedule allows for a Work-Study Session that will allow the public to listen to
the Council's discussion and comments on the proposed budget. Citizen's input will be heard at the regular
Council Meeting on June 2nd prior to the Council's consideration of approving the "final" budget for fiscal year
2005-06.
The Council will hold a Work-Study Session on the proposed Town of Fountain Hills Fiscal Year 2005-06
Budget, Tuesday, May 17, 2005, from 4:30 – 6:30 p.m., in the Council Chambers, Building B.
The Council will hold a Public Hearing on the proposed Town of Fountain Hills Fiscal Year 2005-06 Budget, at
their regular meeting scheduled for Thursday, June 2, 2005, followed by their consideration of adopting the final
budget. At the June 2, 2005 meeting, the Council will be able to remove budget items but will not be able to add
items.
List All Attachments as Follows:Tentative Fiscal Year 2005-2006 Budget, copy of the PowerPoint presentation
Type(s) of Presentation:PowerPoint
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review, (if item not budgeted or exceeds budget amount)
____________________________
Town Manager
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, MAY 5, 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.
xCALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
xINVOCATION – Pastor Todd Knock, First Baptist Church
xROLL CALL – Mayor Nichols
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xSCHEDULED PUBLIC APPEARANCES/PRESENTATIONS –
(i) Staff will report on the recently concluded spring series of “Concerts in the
Park” and the Mayor will recognize the Fountain Hills Montessori School and
Phil’s Filling Station for their financial sponsorship, and
(ii) The Mayor will introduce Maricopa County Sheriff Joe Arpaio who will speak
on issues affecting Fountain Hills.
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 12th and
21st, 2005.
*2.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE submitted by the American Legion
Post #58. The request is for a fundraiser scheduled for May 30, 2005, from 8:00 AM to 10:00 PM.
*3.) CONSIDERATION of approving LIQUOR LICENSE APPLICATION submitted by Zofia Koziol
for La Bella Vita Trattoria located at 16726 E. El Pueblo Boulevard. The application is for a new
Class 12 (restaurant license).
*4.) CONSIDERATION of RESOLUTION 2005-31, abandoning whatever right, title, or interest the
Town has in certain public utility and drainage easements located at the northerly property line of Plat
603A, Block 6, Lot 3 (15634 E. Sycamore Drive) as recorded in Book 196 of Maps, Page 28, Records
of Maricopa County, Arizona with stipulation. EA05-10 (Richards)
*5.) CONSIDERATION of approving a purchasing AGREEMENT with Sun Ports, International, Inc., to
install shade structures over the two new playgrounds at Fountain Park
REGULAR AGENDA
6.) DISCUSSION of banning motorized skateboards and other like vehicles from public roadways with
possible direction to staff.
7.) CONSIDERATION of initiating a TEXT AMENDMENT to the Zoning Ordinance to include an
Open Space Preservation District and possible initiation of a rezoning for the Town owned McDowell
Mountain Preserve land.
8.) CONSIDERATION of a SPECIAL USE PERMIT request for vehicle sales including outside display
and storage for Desert Dog Off Road, located at 17212 E. Shea Boulevard. Case #SU2005-02.
9.) PRESENTATION of the proposed Town of Fountain Hills Fiscal year 2005-2006 Budget by Ms.
Julie Ghetti and CONSIDERATION of the adoption of the MAXIMUM AMOUNT for the Fiscal
Year 2005-2006 TENTATIVE BUDGET, including all component units,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.
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PUBLIC NOTICE:
¾The Council will hold a Work-Study Session on the proposed Town of Fountain Hills Fiscal Year
2005-06 Budget, Tuesday, May 17, 2005, from 4:30 – 6:30 p.m., in the Council Chambers, Building
B.
¾The Council will hold a Public Hearing on the proposed Town of Fountain Hills Fiscal Year 2005-06
Budget, at their regular meeting scheduled for Thursday, June 2, 2005, followed by their
consideration of adopting the final budget.
10.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and
weaknesses and discuss possible improvements for future meetings.
11.) 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.Requested by Vice Mayor Nicola - Placing the item of prioritizing and scheduling joint
meetings with the Commissions in the fall on a future agenda for action.
12.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
13.) ADJOURNMENT.
DATED this 29th 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.