Loading...
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 Z:\Council Packets\2005\R5-5-05\Regular Session 5-05-05.doc Page 1 of 3 Last printed 4/29/2005 5:00 PM Z:\Council Packets\2005\R5-5-05\Regular Session 5-05-05.doc Page 2 of 3 Last printed 4/29/2005 5:00 PM 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. Z:\Council Packets\2005\R5-5-05\Regular Session 5-05-05.doc Page 3 of 3 Last printed 4/29/2005 5:00 PM 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. Document in 5-5-05.obd Page 1 of 1 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 Document in 5-5-05.obd 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 Z:\Council Packets\2005\R5-5-05\Regular Session 5-05-05.doc Page 1 of 3 Last printed 4/29/2005 5:00 PM Z:\Council Packets\2005\R5-5-05\Regular Session 5-05-05.doc Page 2 of 3 Last printed 4/29/2005 5:00 PM 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. Z:\Council Packets\2005\R5-5-05\Regular Session 5-05-05.doc Page 3 of 3 Last printed 4/29/2005 5:00 PM 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.