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Home My WebLink About6-2-05Document in 6-2-05.obd 5/27/2005 Page 1 of 2 NOTICE OF SPECIAL SESSION OF THE DISTRICT BOARD OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT WHEN: THURSDAY, JUNE 2, 2005 TIME: 6:15 – 6:25 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BOULEVARD Pursuant to A.R.S. 38-431.02, notice is hereby given to the Directors of the District Board of the Eagle Mountain Community Facilities District and to the general public that the District Board of the Eagle Mountain Community Facilities District will hold a special session open to the public beginning at 6:15 p.m. and immediately prior to the Council meeting that begins at 6:30 p.m. The agenda for the meeting is as follows: 1.) Meeting CALLED TO ORDER and ROLL CALL. 2.) 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 Directors is subject to reasonable time, place and manner restrictions. The Directors 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 Directors may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda. 3.) CONSIDERATION of approving the meeting MINUTES of April 7, 2005. 4.) CONSIDERATION of RESOLUTION EMCFD 2005-02, authorizing the ISSUANCE AND SALE of Eagle Mountain Community Facilities District General Obligation Refunding Bonds, Series 2005, delegating the authority to approve certain matters with respect to the bonds and the bonds being refunded; providing for the annual levy of a tax for the payment of the bonds; authorizing the appointment of a registrar, transfer agent and paying agent and a depository trustee, approving the form of the bonds and certain documents and authorization completion, execution and delivery thereof, delegating the authority to approve and deem final a form of official statement, and ratifying all actions taken or to be taken to further this resolution. 5.) PUBLIC HEARING on the EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT statements and estimates of District expenditures on the District budget for fiscal year 2005-06 and the proposed tax levy. 6.) CONSIDERATION of RESOLUTION EMCFD 2005-03, adopting the final budget for the fiscal year beginning July 1, 2005, and ending June 30, 2006; and levying upon the assessed valuation of the property within the district, subject to ad valorem taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for the fiscal year ending on June 30, 2006. 7.) ADJOURNMENT. Document in 6-2-05.obd 5/27/2005 Page 2 of 2 DATED this 27th day of May 2005. By:______________________________________ Bevelyn J. Bender, District Clerk The Eagle Mountain Community Facilities District in cooperation with 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. Supporting documentation and staff reports furnished with this agenda are available for review in the clerk's office. PROPOSED BUDGET OF EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT FISCAL YEAR 2005-2006 For the Year Ended Revenues 30-Jun-06 Tax Levy at $1.47 per $100 Secondary $355,600 Assessed Valuation Town of Fountain Hills Administrative Fee Reimbursement $50,000 TOTAL $405,600 Expenses Annual Debt Service Payment on Refunded Bonds $330,600 Administrative Costs $20,000 Trustee Fees $5,000 TOTAL $355,600 NOTICE OF SPECIAL SESSION OF THE DISTRICT BOARD OF THE COTTONWOODS MAINTENANCE DISTRICT WHEN: THURSDAY, JUNE 2, 2005 TIME: 6:25 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BOULEVARD Pursuant to A.R.S. 38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwoods Maintenance District and to the general public that the District Board of the Cottonwoods Maintenance District will hold a special session open to the public on Thursday, June 2, 2005 immediately prior to the Council meeting that begins at 6:30 p.m. The meeting will be held at Town Hall located at 16836 E. Palisades Blvd., Arizona. The agenda for the meeting is as follows: 1.) Meeting CALLED TO ORDER and ROLL CALL. 2.) 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 Directors is subject to reasonable time, place and manner restrictions. The Directors 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 Directors may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda. 3.) CONSIDERATION of approving the meeting MINUTES of August 5, 2004. 4.) PUBLIC HEARING on the Cottonwoods Maintenance District statements and estimates of District expenditures on the District budget for fiscal year 2004-05 and the proposed tax levy. 5.) CONSIDERATION of RESOLUTION CMD 2005-01, adopting the final budget for the fiscal year beginning July 1, 2005 and ending June 30, 2006; and levying upon the assessed valuation of the property within the district, subject to ad valorem taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for the fiscal year ending on June 30, 2005. 6.) Adjournment. DATED this 27th day of May 2005. By: Bevelyn J. Bender, District Clerk The Cottonwoods Maintenance District in cooperation with 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. Supporting documentation and staff reports furnished with this agenda are available for review in the clerk's office. NOTICE OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Mike Archambault Councilman Keith McMahan Councilman John Kavanagh Vice Mayor Kathleen Nicola (6/6/02 – 5-19-05) Councilman Ed Kehe Councilman Jay Schlum DATE: THURSDAY, JUNE 2, 2005 TIME: 5:30 – 6:00 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ (Executive Session will be held in the Building A Teleconference Room) 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. E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Regular Session 6-02-05.doc Page 1 of 3 Last printed 6/1/2005 10:44 AM E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Regular Session 6-02-05.doc Page 1 of 3 Last printed 6/1/2005 10:44 AM 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431- 03.A.1, For discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting. (Specifically, Community Center Advisory Commission candidates’ interviews.) 2. RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Cantor Howard Tabaknek of Temple Beth Hagivot • ROLL CALL – Mayor Nichols • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS – (i) The Mayor will introduce the Town’s new Fire Chief Scott LaGreca. 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 May 5th and May 17th, 2005. *2.) CONSIDERATION of RESOLUTION 2005-33, authorizing the Town Manager to act as the applicant agent for the Town of Fountain Hills with the Federal Emergency Management Agency (FEMA) for reimbursement of funds. *3.) CONSIDERATION of RESOLUTION 2005-38, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property line of Plat 603C, Block 3, Lot 24 (12243 Twin Deer Run) as recorded in Book 161 of Maps, Page 43, Records of Maricopa County, Arizona, with stipulations. EA05-11 (Baldwin). *4.) CONSIDERATION of RESOLUTION 2005-39, 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 5, Lot 7 (15516 E. Sycamore Drive) as recorded in Book 196 of Maps, Page 28, Records of Maricopa County, Arizona. EA05-12 (Hards). *5.) CONSIDERATION of RESOLUTION 2005-40, abandoning whatever right title, or interest the Town has in certain public utility and drainage easements located at the southerly property line of Plat 111, Block 9, Lot 8 (16257 E. Hyde Park Drive) as recorded in Book 150 of Maps, Page 12 Records of Maricopa County, Arizona. EA05-13 (Bender). *6.) CONSIDERATION of ORDINANCE 05-04, amending the Town Code, Chapter 2, Mayor and Council, Article 2-4-3, Posting Notice of Meetings, Subsection (C), to reflect the new address of the Fountain Hills Town Hall. *7.) CONSIDERATION of approving the AGREEMENT between the Town of Fountain Hills and the Scottsdale Convention & Visitor Bureau in the amount of $40,000. *8.) CONSIDERATION of approving an AGREEMENT between the Town of Fountain Hills and Black Box Net Services for installation of wiring in the Civic Center II Project. *9.) CONSIDERATION of approving a THIRD AMENDMENT to the Holder Construction contract for the Civic Center II Project for proposed change orders revising the guaranteed maximum price. *10.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for the “Tuscany at Cambria Condominiums”, a 2-unit condominium project, located at 13645 E. Cambria Drive, aka Plat 102, Block 4, Lot 6. Case Number S2005-04. *11.) CONSIDERATION of RESOLUTION 2005-37, abandoning the Final Replat for the J & J Properties Condominiums, a 2-unit condominium, located at 16312 E. Desert Sage Drive, Units A & B, and reverting back to the original Final Plat 206, Block 1, Lot 27. Case#2005-05 *12.) CONSIDERATION of the FINAL PLAT for “Palatial Estates”, a 19-Lot Single Family subdivision, located north of Shea Boulevard between Palisades Boulevard and Fountain Hills Boulevard. REGULAR AGENDA 13.) CONSIDERATION of RESOLUTION 2005-34, repealing Resolution 2004-32 and amending the pay ranges for employees of the Town of Fountain Hills. 14.) CONSIDERATION of initiating a TEXT AMENDMENT to the Zoning Ordinance to modify the maximum 200-foot building length limitation in Multi-family Zoning Districts. 15.) CONSIDERATION of RESOLUTION 2005-32, approving a mutual aid agreement with the City of Scottsdale regarding fire and emergency services. 16.) CONSIDERATION of RESOLUTION 2005-22, approving a mutual aid agreement with Rio Verde regarding fire and emergency services. 17.) DISCUSSION AND POSSIBLE DIRECTION TO STAFF to adjust the 2005-06 budget to integrate Senior Services, Inc. of Fountain Hills into the Town’s operation. 18.) PUBLIC HEARING regarding RESOLUTION 2005-35, adopting the Tentative Budget as the 2005- 06 fiscal year budget for the Town of Fountain Hills. 19.) CONSIDERATION of RESOLUTION 2005-35, adopting the Tentative Budget as the 2005-06 fiscal year budget for the Town of Fountain Hills. 20.) DISCUSSION of the COUNCILMEMBER REPLACEMENT/APPOINTMENT PROCEDURE and the ROTATION of the Vice Mayor position with possible direction to staff. 21.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 22.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE 23.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 24.) ADJOURNMENT. DATED this 1st day of June, 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. E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Regular Session 6-02-05.doc Page 2 of 3 Last printed 6/1/2005 10:44 AM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Executive Session Meeting Date: June 2, 2005 Submitting Department: Parks & Recreation Contact Person: Samantha Coffman 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: CC Commission Interviews 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: Interview Applicants for the Community Center Advisory Commission to fill the unexpired term of Bob Yordy through December 2006. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Fill vacancy on the Community Center Advisor Commission left by Bob Yordy who resigned before his term expired in December of 2006. List All Attachments as Follows: Applications for Margret Davis and Dan Foster Type(s) of Presentation: None 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: June 2, 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 May 5th and May 17th, 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 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: June 2, 2005 Submitting Department: Public Works Contact Person: John Morast 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 2005-33, authorizing the Town Manager to act as the applicant agent for the Town of Fountain Hills with the Federal Emergency Management Agency (FEMA) for reimbursement of funds. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: During the February 2005 storm event, the Town experienced roadway damage on Laser Drive. Maricopa County has declared a state of emergency based on the damage caused by this storm event. Staff has met with Maricopa County and FEMA officials and it has been determined that the damage and repair costs are eligible for reimbursement through FEMA. With the Maricopa declaration, the Town is eligible for a 75% reimbursement. If a national emergency is declared for Maricopa County, the Town will be eligible for an additional 15% reimbursement (for a total of 90% reimbursement) of repair costs. FEMA regulations require the Town Council to designate, via a resolution, an Applicant Agent on their behalf. List All Attachments as Follows: Resolution 2005-33; Copy of Arizona Division of Emergency Management Designation of Applicant's Agent Form Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager 9196.001\. . \2005-33 FEMA Designation.res.doc 5.19.2005-1 RESOLUTION NO. 2005-33 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DESIGNATING THE TOWN MANAGER AS THE AUTHORIZED AGENT AS REQUIRED FOR APPLICATION FOR FEDERAL EMERGENCY MANAGEMENT FUNDS. WHEREAS, the Federal Emergency Management Agency (“FEMA”) has funds available for costs related to natural disasters; and WHEREAS, FEMA, in coordination with the Arizona Division of Emergency Management (“ADEM”), requires that any municipality seeking intergovernmental assistance must authorize an agent for and on behalf of the applicant municipality; and WHEREAS, the Town of Fountain Hills (the “Town”) incurred damage that may qualify for FEMA funds and wishes to submit applications to obtain such funding; and WHEREAS, the Council of the Town of Fountain Hills (the “Town Council”) desires to designate Timothy G. Pickering as the authorized agent for the purposes of obtaining FEMA funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Town Council hereby authorizes the Town Attorney to execute ADEM’s Designation of Applicant’s Agent form, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That Timothy G. Pickering is hereby designated applicant’s agent and authorized on behalf of the Town to execute all contracts, certify completion of work, request payments and prepare all documentation related to FEMA and ADEM funding requirements. SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. [SIGNATURES ON FOLLOWING PAGE] 9196.001\. . \2005-33 FEMA Designation.res.doc 5.19.2005-1 2 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 2, 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 9196.001\. . \2005-33 FEMA Designation.res.doc 5.19.2005-1 EXHIBIT A [Arizona Division of Emergency Management Designation of Applicant’s Agent Form] See following page. Document in 6-2-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 6/2/05 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 2005-38 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 3, Lot 24 (12243 Twin Deer Run) as recorded in Book 161 of Maps, Page 43 Records of Maricopa County, Arizona, with stipulations. EA05-11 (Baldwin) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted April 29, 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 6-2-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: May 10, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-11 12243 Twin Deer Run Plat 603C, Block 3, Lot 24 This item on the Town Council's agenda is a proposal to abandon a portion of the ten (10’) foot public utility and drainage easement located at the northerly property line of Plat 603C, Block 3, Lot 24, (12243 Twin Deer Run) as shown in Exhibit “A”, with the exception of the westerly 15’. 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. (SRP had requested to retain the westerly 15’ of the PUE.) 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 24 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-38, subject to the following stipulations: • Grant a new 10’ x 10’ PUE at the southeast corner of the lot for existing and potential future utility boxes. • Grade at the southwest corner and along the south side of the lot for vehicular intersection sight distance. Enc: Resolution Exhibit C: John & Heather Baldwin Adjacent Property Owners Document in 6-2-05.obd RESOLUTION 2005-38 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 3, LOT 24, 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 3, Lot 24, 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 6-2-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, June 2, 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 6-2-05.obd Document in 6-2-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 6/2/05 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 2005-39 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 603A, Block 5, Lot 7 (15516 E. Sycamore Drive) as recorded in Book 196 of Maps, Page 28 Records of Maricopa County, Arizona. EA05-12 (Hards) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted May 5, 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 6-2-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: May 10, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-12 15516 E. Sycamore Drive Plat 603A, Block 5, Lot 7 This item on the Town Council's agenda is a proposal to abandon a portion of the ten (10’) foot public utility and drainage easement located at the northerly property line of Plat 603A, Block 5, Lot 7, (15516 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. 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 7 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-39. Enc: Resolution Exhibit C: Shannon & Karen Hards Adjacent Property Owners Document in 6-2-05.obd RESOLUTION 2005-39 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 603A, BLOCK 5, LOT 7, 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 5, Lot 7, 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 6-2-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, June 2, 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 6-2-05.obd Document in 6-2-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 6/2/05 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 2005-40 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 9, Lot 8 (16257 E. Hyde Park Drive) as recorded in Book 150 of Maps, Page 12 Records of Maricopa County, Arizona. EA05-13 (Bender) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted May 16, 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 6-2-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: May 16, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-13 16257 E. Hyde Park Drive Plat 111, Block 9, Lot 8 This item on the Town Council's agenda is a proposal to abandon the twenty (20’) foot public utility and drainage easements located at the southerly property line of Plat 111, Block 9, Lot 8, (16257 E. Hyde Park 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. 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 8 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-40. Enc: Resolution Exhibit C: Raymond & Bevelyn Bender Adjacent Property Owners Document in 6-2-05.obd RESOLUTION 2005-40 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE SOUTHERLY PROPERTY LINE OF PLAT 111, BLOCK 9, LOT 8, 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 9, Lot 8, 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 6-2-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, June 2, 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 6-2-05.obd 9196.001\. . \05-04 Address Change.ord.doc 5.17.2005-1 ORDINANCE NO. 05-04 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 2, MAYOR AND COUNCIL, TO REFLECT THE NEW ADDRESS OF THE FOUNTAIN HILLS TOWN HALL. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-4, Council Procedure, Section 2-4-3, Posting Notice of Meetings, is hereby amended as follows: Section 2-4-3 Posting Notice of Meetings. Public notice of the meetings of the council shall be posted in the following places: . . . C. Fountain Hills Town Hall 16836 E. Palisades Boulevard, Building C 16705 E. AVENUE OF THE FOUNTAINS Fountain Hills, Arizona 85268 SECTION 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 2, 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 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 06/02/2005 Submitting Department: Public Works Contact Person: Kate Zanon, 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: 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 PRELIMINARY AND FINAL PLAT for the, “Tuscany at Cambria Condominiums," a 2-unit condominium project located at 13645 E. Cambria Drive, aka Plat 102, Block 4, Lot 6. Case Number S2005-04. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This agenda item is for a Preliminary and Final Plat for a Declaration of Condominium. On May 12, 2005, the Planning and Zoning Commission recommended approval of S2005-04, Preliminary Plat, "Tuscany at Cambria Condominiums." Please see the attached memorandum for additional details. List All Attachments as Follows: Staff Report Memorandum, Application; Site Plan Reductions 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 PLANNING AND ZONING STAFF REPORT TO: Mayor and Town Council DT: June 02, 2005 FR: Kate Zanon, Planner THR: Richard Turner, AICP Planning and Zoning Administrator RE: Case # S2005-04; Preliminary and Final Plat “Tuscany at Cambria Condominiums” LOCATION: 13645 E. Cambria Dr. aka Lot 6, Block 4, Final Plat 102. REQUEST: Consider the Preliminary and Final Plat for "Tuscany at Cambria Condominiums", a 2-unit condominium project. DESCRIPTION: OWNERS: Said Dawlabani D&M Signature Homes, L.L.C. APPLICANT: Robert T. Savard EXISTING ZONING: “R-3” EXISTING CONDITION: Under Construction LOT SIZE: 16,966 square feet (.389 acres) SURROUNDING LAND USES AND ZONING: NORTH: Triplex; zoned “R-3” SOUTH: Duplex; zoned “R-3” EAST: Multi-family Complex; zoned “R-3” WEST: Te-la-que-pa-que Duplex; zoned “R-3” SUMMARY: This request is for approval of the Preliminary and Plat "Tuscany at Cambria Condominiums" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Said Dawlabani, has chosen to convert a two-unit residential complex and record a Declaration of Condominium to sell the units individually. The units have a maximum livable area of 2,237 square feet and a minimum livable area of 2,075 square feet. Each unit has a 2-car garage and a covered entry and patio. The property meets all underling requirements of the zoning district. RECOMMENDATION: The Planning and Zoning Commission recommended approval of S2005-04; Preliminary Plat "Tuscany at Cambria Condominiums” with the stipulation by Staff at their May 12, 2005 meeting. Staff recommends approval of S2005-04; Preliminary and Final Plat "Tuscany at Cambria Condominiums," with the following stipulation: 1. The notation Unit A C.E. or Unit B C.E. (Common Element) is changed on the Final Plat to only state C.E. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 06/02/2005 Submitting Department: Public Works Contact Person: Kate Zanon, 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: 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 RESOLUTION 2005-37, abandoning the FINAL REPLAT for The J and J Properties Condominiums, a 2-unit condominium, located at 16312 E. Desert Sage Drive, Units A & B, and reverting back to the original Final Plat 206, Block 1, Lot 27. Case#2005- 05 Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This agenda item is for a Plat Abandonment of the Final Plat of The J and J Properties Condominiums. On December 5, 2002, Town Council approved the Condominium Plat, which subdivided cubic airspace of this 2-unit condominium and was not a land sell project. The current property owner, Sharon Fukayama owns both Units A and B and whishes to abandon the Condominium Plat and revert back to the Fianl Plat 206, Block 1, Lot 27 for the purpose of converting the duplex into a single family home. Please see the attached Staff report for additional details. List All Attachments as Follows: Staff Report Memorandum, Application; Site Plan Reductions 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 PLANNING & ZONING TOWN COUNCIL MEMO TO: The Honorable Mayor and Town Council DT: June 02, 2005 FR: Kate Zanon, Planner THR: Richard Turner, AICP Planning and Zoning Administrator RE: Resolution 2005-37; Request to abandon the Final Plat of “The J and J Properties Condominiums;” Case S2005-05. LOCATION: 16312 E. Desert Sage Drive aka Final Plat, “The J and J Properties Condominiums.” REQUEST: Consider the approval of Resolution 2005-37; abandonment of the Final Plat of “The J and J Properties Condominiums,” a 2-unit, one lot Condominium Replat of Final Plat 206, Block 1, Lot 27. DESCRIPTION: OWNER: Sharon Fukayama APPLICANT: Sharon Fukayama EXISTING ZONING: “R-2” EXISTING CONDITION: Developed LOT SIZE: 11,140 square feet (0.256 acres) SURROUNDING LAND USES AND ZONING: NORTH: Residential Duplex; zoned “R-2” SOUTH: Residential Duplex; zoned “R-2” EAST: Residential Duplex; zoned “R-2” WEST: Residential Duplex; zoned “R-2” SUMMARY: This is a request from Sharon Fukayama, to abandon the Final Plat of “The J and J Properties Condominiums,” an existing one lot, 2-unit residential subdivision. On December 5, 2002, Town Council approved the “Final Plat of The J and J Properties Condominiums,” which subdivides cubic airspace, and is not a land sell project. The purpose of the Condominium Plat was to allow individual property owners to purchase each of the 2 units, Unit A and Unit B. Sharon Fukayama, the current property owner of both Units A and B wishes to abandon the current plat, and revert back to Final Plat 206, Block 1, Lot 27 to allow the conversion of this duplex to a single family residence. EVALUATION: The Town has received very few requests to abandon re-platted properties. The approval of this request will abandon the existing Condominium Plat and revert the property back to the original Plat 206, Block 3, Lot 27. Lot 27 meets all the requirements of the “R-2” zoning district it is located in. No new easements were established when the Condominium Plat was created, thus all original Plat 206 easements on the property remain. Article 208 of the Subdivision Ordinance provides for the abandonment of all or part of a recorded subdivision, by Town Council approval. Staff finds site improvements are not necessary with this request. RECOMMENDATION: Staff recommends approval of Resolution 2005-37; the abandonment of the Final Plat of “The J and J Properties Condominiums”. Case #S2005-05. RESOLUTION NO. 2005-37 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING THE “FINAL REPLAT OF THE J AND J PROPERTIES CONDOMINIUMS” AS RECORDED ON BOOK 628, PAGE 29, OF THE RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Town of Fountain Hills (the “Town”) adopted Ordinance No. 96-29 on September 19, 1996, adopting the Subdivision Ordinance for the Town of Fountain Hills (the “Subdivision Ordinance”); and WHEREAS, Section 208 of the Subdivision Ordinance establishes the authority and procedures for abandoning a recorded subdivision; and WHEREAS, the Town Council desires that the “Replat of The J and J Properties Condominiums” be abandoned and revert back to the lot configuration shown on “Final Plat 206, Block 1, Lot 27,” as recorded in Book 628, Page 29. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the “Final Replat of The J and J Properties Condominiums ” as recorded in Book 628, Page 29 of the Records of Maricopa County, Arizona, is hereby abandoned and reverted back to the “Final Plat 206, Block 1, Lot 27” as recorded in Book 628, Page 29. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps and to execute all documents necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 02, 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 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: June 2, 2005 Submitting Department: Public Works Contact Person: Richard Turner 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: Report to the Town Council and consideration of initiating a Text Amendment to the Zoning Ordinance to modify the 200 foot building length limitation in Multi-family Zoning Districts Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: On April 7, 2005, the Town Council acted to continue the consideration of a Special Use Permit for a nursing care facility "until such time as staff brings back the results of their analysis of whether or not an amendment to the Zoning Code is appropriate for Council discussion and consideration". Staff has examined the regulation in question, the 200 foot limitation on the length of buildings in the Multi-family Zoning Districts. We recommend initiation of an amendment to the Zoning Ordinance to clarify that the 200 foot building length limit applies only to multi-family buildings. List All Attachments as Follows: Staff Report Type(s) of Presentation: Power point Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee TOWN OF FOUNTAIN HILLS PLANNING AND ZONING STAFF REPORT TO: Mayor Nichols & Town Council MTG DT: June 2, 2005 FR: Richard Turner, A.I.C.P., Planning and Zoning Administrator RE: Report to the Town Council and Consideration of Initiating a Zoning Ordinance Amendment, 200 Foot Building Length Limitation in Multi-family Zoning SUMMARY: On April 7, 2005, the Town Council acted to continue the consideration of SU2004-04, a request for a Special Use Permit for a nursing care facility “until such time as staff brings back the results of their analysis of whether or not an amendment to the Zoning Code is appropriate for Council discussion and consideration”. Staff has examined the regulation in question, the 200 foot limitation on the length of buildings in the Multi-family Zoning Districts. Staff recommends the Town Council initiate an application to amend the Zoning Ordinance to clarify that the 200 foot building length limit applies only to multi-family buildings. BACKGROUND: On July 20, 2002 the Town Council approved an amendment to the Zoning Ordinance that limits the length of buildings in the Multi-family Zoning Districts (M-1, M-2, M-3, R-2, R-3, R-4 and R-5) to a maximum of 200 feet. This was a revision of Section 11.10 of Chapter 11 of the Ordinance and includes the chart that follows that section of the code. The sixth column in the chart indicates a required building length of 200 feet for any building in any of the multi-family zones. Item number 11 on the April 7, 2005 Town Council agenda, SU2004-04, was a request for a Special Use Permit for a nursing home in the R-4 Zoning District. The building proposed for the nursing home was 250 feet in length. In the staff report, we requested that the Town Council determine that the 200 foot requirement only applied to multi-family buildings and not uses such as the proposed nursing home. During the call to the public, a representative of the applicant requested that the Special Use request be continued and that the Zoning Ordinance be amended to apply the 200 foot building length limit only to multi-family buildings. The Town Council concurred and acted to continue the case (SU2004-04) and asked staff to bring back an analysis of whether or not an amendment to the Zoning Ordinance is appropriate. EVALUATION: Staff has looked at some of the more substantial buildings in Town to determine the Zoning District they are located in and their length. This information can be found in an attachment to this report. This is by no means an exhaustive survey, but it does indicate that there are several buildings in Town that exceed 200 feet in length. Also, some of the longer buildings are non multi-family buildings in multi-family zoning districts. Staff has contacted some other jurisdictions to see if their multi-family zoning regulations limit building lengths. We are aware of only one jurisdiction that has such a regulation (Taylor, Michigan) and it clarifies that the limitation applies to multi-family buildings. Staff contacted the following communities in the Valley, none of which had a limit on the length of buildings in their Zoning Ordinance: Mesa, Gilbert, Tempe, Chandler and Apache Junction. Phoenix and Scottsdale did not respond to our request for information. Staff does not object to a 200 foot limitation on the length of multi-family buildings in multi- family zoning districts. Such a regulation serves to reduce the bulk of these buildings and would seem to have real value in a multiple building complex. In addition, shorter buildings in residential complexes makes access easier and facilitates pedestrian circulation. However, in other types of buildings, such as churches, schools and nursing homes, a 200 foot limitation may not be appropriate. The internal functions of uses such as these may warrant longer building design. Staff is not requesting support for its position on this matter at this meeting. The issue before the Council is whether or not to initiate an application for a change to the Zoning Ordinance. A decision on the merit of such a change will follow public hearings before the Planning and Zoning Commission and the Council. RECOMMENDATION: It is recommended that the Town Council initiate an application to amend Chapter 11, Section 11.10 of the Fountain Hills Zoning Ordinance. Staff would suggest the following revised language: Section 11.10 Density, Area, Building and Yard Regulations: The chart, which follows, specifies the minimum lot sizes, minimum area per dwelling unit, minimum lot widths, maximum building height, minimum yard setbacks, maximum lot coverage percentages, and minimum distance between buildings. The maximum building length applies only to multi-family buildings. Attachments: Table showing building lengths and zoning districts Letter from Art Ursu dated March 21,2005 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: June 2, 2005 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 : CONSIDERATION of RESOLUTION 2005-32, approving a mutual aid agreement with the City of Scottsdale regarding fire and emergency services. CONSIDERATION of RESOLUTION 2005-22, approving a mutual aid agreement with Rio Verde regarding fire and emergency services. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This action item has been a work in progress at Council’s directive since 2003. The Town of Fountain Hills began providing fire and emergency services for the citizens of Fountain Hills in 2001 and ensuring the best possible fire and emergency services for its residents continues to be a Council priority. The City of Scottsdale will begin providing municipal fire service to their residents on July 1, 2005 and the proposed mutual aid agreement has been developed in a manner to best integrate with this new system and allow for quick and efficient delivery of emergency services. Rural Metro representatives, the Town Manager and the Town Attorney met with Scottsdale representatives to develop the attached agreement. The agreement was formulated utilizing the strategy of “One Mile In, One Mile Out”. The concept is for the closest emergency vehicle to respond to an emergency. If an agency determines that there may be a delayed response or the other agency’s emergency vehicle is closest, then a request can be made for assistance. This will allow for the improvement of operational performance within the Town of Fountain Hills through reduction of response times, greater depth of resources during multiple company incidents, and increased coverage for the Town and Rio Verde during significant emergencies. The Town completed an analysis of mutual aid calls over the past year that will be affected by this agreement. Between April 2004 and March 2005, only fire related mutual aid calls would be affected, as Southwest Ambulance will provide ambulance service in both communities. (See attached memo). Fountain Hills provided fire mutual aid to Scottsdale fourteen (14) times while Scottsdale provided fire mutual aid to Fountain Hills twenty-nine (29) times. While having discussions with Scottsdale, it was explained that the cost of a contract with Scottsdale to provide fire service would be approximately $3.4 million. Our fiscal year 2005-2006 contract with Rural Metro is for $2.6 million or approximately $800,000 less. Our Rural Metro contract expires in four (4) years. The mutual aid agreement with Rio Verde has also been finalized and is attached for Council's consideration. The Fort McDowell Yavapai Nation mutual aid agreement will be placed on a future agenda for Council consideration. The proposed mutual aid agreement was recently approved by the Scottsdale City Council at their May 17, 2005 meeting. Rio Verde approved the mutual aid agreement during their board meeting held May 24, 2005 If you have any questions, please contact me prior to the council meeting so that I may address any concerns. List All Attachments as Follows: Resolution 2005-32 & 2005-22, Memo from Rural/Metro Fire Department Chief Gary Morris, and the Mutual Aid Agreement between the Town of Fountain Hills and City of Scottsdale as well as Rio Verde. Type(s) of Presentation: None. Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager 9196.001\. . \2005-32 Scottsdale Mutual Aid.res.doc 5.25.2005-1 RESOLUTION NO. 2005-32 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SCOTTSDALE RELATING TO FIRE AND EMERGENCY SERVICES MUTUAL AID. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and the City of Scottsdale relating to fire and emergency services mutual aid (the “Agreement”) is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 2, 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 9196.001\. . \2005-32 Scottsdale Mutual Aid.res.doc 5.25.2005-1 EXHIBIT A [Intergovernmental Agreement] See following pages. 9196.001\. . \2005-22 Rio Verde Mutual Aid.res.doc 5.25.2005-1 RESOLUTION NO. 2005-22 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE COMMUNITY OF RIO VERDE RELATING TO FIRE AND EMERGENCY SERVICES MUTUAL AID. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and the Community of Rio Verde relating to fire and emergency services mutual aid (the “Agreement”) is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, June 2, 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 9196.001\. . \2005-22 Rio Verde Mutual Aid.res.doc 5.25.2005-1 EXHIBIT A [Intergovernmental Agreement] See following pages. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: June 2, 2005 Submitting Department: Parks and Recreation Department 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: Discussion and possible Direction to staff to adjust the 2005-06 budget to integration Senior Services, Inc. of Fountain Hills into the Town's operations. Staff Recommendation: Approve Fiscal Impact: Yes $ Purpose of Item and Background Information: Provide information to the Council regarding initial discussions with staff and Board members regarding the integration of Senior Services into the Town's Park and Recreation Department. Attached is a staff memo that provides detail on this topic. List All Attachments as Follows: Attachments A and B Type(s) of Presentation: Written and Verbal Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager TOWN OF FOUNTAIN HILLS OFFICE OF PARKS AND RECREATION INTER OFFICE MEMO TO: Mayor Nichols and the Town Council DT: May 25, 2005 FR: Mark C. Mayer, Director Parks and Recreation Department RE: Senior Services Staff has had several discussions with Board representatives and staff of Senior Services to discuss a possible merger of their operations with the Town’s Park and Recreation Department. Several things have combined to make this potential merger possible. The first was the move of Senior Services to the Town’s Community Center over a year ago. Since moving to the Community Center, Senior Services has decided to remain at the Center instead of moving to the new Town Center II as originally planned. Lastly, Nancy Olson, the current Director of Senior Services, has announced that she is leaving her position effective June 1, 2005. All of these factors have made recent discussions both timely and productive. Most recently the Senior Services Board voted unanimously to request that their organization be integrated into the Town. For several years, Senior Services has been requesting, and the Town has been providing funds to help deliver services to resident seniors. A copy of their request for the 2005-06 budget year is included (Attachment A). The Senior Services budget request this year is for $70,000. Department staff felt that by combining the two organizations there would likely be savings to the operations. Currently, the Park and Recreation budget submitted does not include any funding to support Senior Services. Staff is recommending that the Park and Recreation 2005-06 budget be adjusted to include Senior Services under the Town’s operation. Staff has prepared an estimated budget for fiscal 2005-06, using the one submitted by Senior Services as a guide. The budget is included (Attachment B). There are a number of details regarding the integration that will need to be worked out during the transitional period. The staff at Senior Services is currently developing a list of all of the tasks that need to be completed for the transition and the timing of those tasks, which will likely take several months to accomplish. DRAFT Fountain Hills Senior Services Proposed FY 2005 Budget Draft Prepared December 26, 2004 HDM Revenues Total HDM Expenses Total Client Fees $19,000 Cost of Meals $43,650 Individual Contributions $2,500 HDM Payroll (including FICA) $11,500 AAA Meal Reimbursement $15,000 Auto Mileage $400 Fundraiser Income $0 Office Supplies $500 United Way $6,000 Equipment Replacement $200 Civic Organizations $1,500 Outside Printing $100 Board Contributions $500 Conferences/Training $300 Interest Income $200 Postage $200 Other Income $1,000 Marketing PR & Outreach $150 Volunteer Recognition $1,100 Subtotal $36,500 $36,500 Subtotal $55,150 $55,150 Senior Center Senior Center SAC Class Revenues $9,500 Instructors/Contractors $8,000 SeniorNet Revenues $8,500 SeniorNet Expenses $6,500 Materials Fees $1,300 Materials Expenses $1,200 Civic Organizations $4,000 Travel $500 Board Contributions $1,000 Conferences/Training $1,100 SunRidge Grant $10,000 General Liability Insurance $3,650 Town Support $70,000 Volunteer Recognition $2,000 Participation Fees @ $10 ea. $8,250 Office Supplies $1,700 Interest Income $300 Refreshments $1,100 Trips (In/Out) $40,000 Outside Printing $1,100 Other Income (script)$1,500 Trips (In/Out) $40,000 Marketing PR & Outreach $1,500 SAC Salaries (including FICA) $49,600 Additional Staff Hours $3,500 Subtotal $67,550 $67,550 Subtotal $117,800 $117,800 Corporate Expenses Computer Maintenance $1,000 Cleaning Supplies $50 Depreciation of Assets $2,850 Board Insurance $1,150 Phone & Internet $200 Equipment Maintenance $1,000 Licenses & Fees $250 Advertising/PR $130 Legal & Accounting $1,200 Office Supplies $400 Computer Software $200 Postage $200 Office Fixtures $11,470 Subtotal $1,450 $1,450 Total Revenues $104,050 Total Expenses $174,400 Worksheet in 6-2-05.obd Revised 4/26/2005 RESOLUTION NO. 2005-35 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ADOPTING THE TENTATIVE BUDGET AS THE 2005- 2006 FISCAL YEAR BUDGET FOR THE TOWN OF FOUNTAIN HILLS. WHEREAS, in accordance with the provisions of Title 42, Chapter 17, Articles 1-5, Arizona Revised Statutes, the Town Council did, on May 5, 2005, make an estimate of the different amounts required to meet the public expenditures/expenses for the ensuing year, also an estimate of revenues from sources other than direct taxation, and the amount to be raised by taxation upon real and personal property of the Town of Fountain Hills, Arizona; and WHEREAS, in accordance with said chapter of said title, and following due public notice, the Council met on May 5, 2005, at which meeting any taxpayer was privileged to appear and be heard in favor of or against any of the proposed expenditures/expenses or tax levies; and WHEREAS, publication has been duly made as required by law, of said estimates together with a notice that the Town Council would meet on May 5, 2005, at the office of the Council for the purpose of hearing taxpayers and making tax levies as set forth in said estimates; and WHEREAS, it appears that the sums to be raised by taxation, as specified therein, do not in the aggregate exceed that amount as computed in ARIZ. REV. STAT. § 42-17051(A). NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the statements and schedules attached hereto as Exhibit A and incorporated herein by reference, are hereby adopted as the budget of the Town of Fountain Hills, Arizona, for the fiscal year July 1, 2005 through June 30, 2006. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June 2, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTEST: 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 9196.001\. .\2005-35 Budget Resolution.doc 6.1.2005-1 EXHIBIT A TO RESOLUTION NO. 2005-35 9196.001\. .\2005-35 Budget Resolution.doc 6.1.2005-1 Document in 6-2-05.obd 5/27/2005 Page 1 of 7 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: June 2, 2005 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: Public Notice of Council Vacancy 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: DISCUSSION of the COUNCIL MEMBER REPLACEMENT/APPOINTMENT PROCEDURE and ROTATION of the Vice Mayor position with possible direction to staff. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Due to the recent passing of Vice Mayor Kathleen Nicola, a vacancy exists on the Fountain Hills Town Council for the balance of her unexpired term, which ends in 2006, and a vacant Vice Mayor position. A.R.S. §9-235.A states, "The Council shall fill a vacancy that may occur by either of the following: (i) appointment for the unexpired term, (ii) appointment until the next regularly scheduled council election if the vacancy occurs more than thirty days before the nomination petition deadline, and (iii) the member appointed shall meet the qualifications established in section A.R.S. §9-232. A summary of qualifications are: (i) a person is eighteen years or older, (ii) a qualified elector, and (iii) has resided in the town for one year. The Fountain Hills Town Code, Section 2-1-4, states, "The Council shall fill by appointment for the unexpired term any vancancy that may occur for whatever reason." The purpose of this agenda item is for the Council to provide direction to staff as to how to proceed to fill said vacancy since State Statute does not provide a procedure nor a time limit as to how the Council should go about the process of selecting a replacement. Staff requests that the Council provide direction on all aspects of implementing a process. Therefore, the Mayor and Council calendars for June, July, and August 2005, have been provided for reference. Please note the dates council members are unavailable. Town Attorney McGuire has indicated he will be unavailable from June 25, 2005, thru July 2, 2005. A review of past Council meeting minutes reveal the following processes have been used to fill Council term vacancies. In 1993 a councilmember resigned and the councilmembers at that time provided a name or names to the Mayor who then contacted those persons to determine if they would be willing serve, which was followed by a Council vote to appoint. DRAFT Document in 6-2-05.obd 5/27/2005 Page 2 of 7 In 2000 and 2002, the Council directed staff to solicit, through public advertising, a collection of resumes or statements of qualifications from interested candidates, to schedule interviews with those candidates followed by the Council appointing the new council member. With regard to the Vice Mayor position, Town Code Section 2-2-2 states, "Each member of the council, except the mayor, shall serve an eight month term as vice mayor. Initial terms shall coordinate with the two and four year terms of the first elected council. Thereafter, terms as the vice mayor shall be determind so that every elected councilmember serves as vice mayor during their elected terms unless unable due to vacating for any reason the office of counc ilmember. The vice mayor shall perform the duties of the mayor during his absence or disability." In the past, councilmembers have been rotated to the vice mayor position in order of election results (votes received). Vice Mayor Nicola was scheduled to serve as Vice Mayor for the period of February 2005 thru September 2005. Therefore, four (4) months of her service as Vice Mayor remains vacant. The rotation order of councilmembers who were to follow Vice Mayor Nicola is as follows: Councilman Schlum (October 2005 - May 2006), Councilman Kehe (June 2006 - January 2007), and Councilman McMahan (February 2007 - September 2007). Staff requests direction on how to proceed with the councilmember replacement/appointment procedure and the rotation of the Vice Mayor position. List All Attachments as Follows: A.R.S. 9-235 & 9-232, Excerpts from the 4/6/00 & 2/21/02 Council meeting minutes, and the Mayor and Council June, July, and August calendars 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 6-2-05.obd 5/27/2005 Page 3 of 7 Excerpt from the Meeting of 2000-4-06 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL April 6, 2000 AGENDA ITEM #21 – DISCUSSION OF COUNCIL MEMBER REPLACEMENT/APPOINTMENT PROCEDURE INCLUDING CONSIDERATION OF ESTABLISHING AN ADVERTISING PERIOD, SETTING A DATE FOR EXECUTIVE SESSION INTERVIEWS AND SETTING A COUNCIL MEETING DATE WHEN THE APPOINTMENT WILL BE MADE. Mayor Morgan stated this was on the agenda at the request of Vice Mayor Apps. Councilwoman Wiggishoff recused herself from this item and left the bench. Mr. Farrell distributed a handout to Council. He stated the issue was what happened to the remaining 2+ years of Councilwoman Wiggishoff's term as she had submitted her resignation to be effective April 28th. He cited the Arizona revised statutes (Section 9-235), which provided that the Council shall fill by appointment the unexpired term of a vacancy that occurred through death, resignation, or removal from the town or office. He said the Town Code in section 2-1-4 mirrored closely the State Statute, which provided that the Council shall fill by appointment the unexpired term of any vacancy that may occur for any reason. He explained that the word "shall" had been interpreted uniformly by city and town attorneys to mean that the "Council shall". He noted one of the first questions that he had been asked had been could a special election be held or could an election be held to fill the unexpired term. He said the answer was no. He said the Council did not have the authority to call an election for an unexpired term. Mr. Farrell explained that the obligation falls to the Council to fill that vacancy. He said there was neither a procedure nor a time limit as to how the Council went about the process in selecting the replacement for Councilwoman Wiggishoff. He said there were some qualification requirements that were inherent by law. The replacement must be: • At least 18 years of age • Must have been a resident of the Town for one year • Must be a qualified elector Mr. Farrell acknowledged that the process differed from community to community. He said in 1993 a Fountain Hills Councilmember had resigned. Those Councilmembers provided a name or names to the Mayor. The Mayor contacted those persons to determine if they would be willing serve and then there was a public vote. He said that, generally, the process would be to solicit through public advertising, a collection of resumes or statements of qualifications from interested candidates, interview those candidates, and then make a selection. He acknowledged that this process was employed by Fountain Hills to select boards and commissions. He said the Council could also implement the former process used here, which was to ask the Councilmembers to submit names. He reminded the Council that whatever process or time limit the Council chose to enact, there was no guidance and no absolute need to fill the position immediately. He stated that there was no real impediment either if there was a candidate that the majority of the Council could support. He said the Council in Queen Creek had gone for as long as six months with only six members and Chino Valley had gone two or three months. He said the candidates must have those three before mentioned qualifications and that they would only serve the remaining portion of Councilwoman Wiggishoff's term, which was set to expire first Thursday of June, 2002. Document in 6-2-05.obd 5/27/2005 Page 4 of 7 Councilman Mower expressed that he felt there was a need for seven members in the event of a seventh vote for a tiebreaker. He said he would like to move as quickly as possible with the replacement process. Councilman Mower MOVED to begin the process immediately and advertise for candidates beginning April 7th with and application deadline of April 18th, schedule an executive session for interviews at 6:30 p.m. on April 19th, with the announcement of the appointee on April 20th, and have the appointee sworn in on May 4. Vice Mayor Apps SECONDED the motion. Mayor Morgan stated she found it hard to interview for a replacement for someone who was still here. She didn't think the process should start until that person was no longer there. She acknowledged that as important as it was for the Council to function that it was just as important that those Councilmembers who would be working with that new person should have the opportunity to interview candidates. She stated that half of the present Council would not be serving the public in June. Councilman Wyman stated he agreed with Councilman Mower that the process should begin immediately. Mayor Morgan stated that operating with less than seven Councilmembers and meeting with only six Councilmembers for two or three meetings would not be a big detriment. Vice Mayor Apps agreed the process should begin as quickly as possible. Councilwoman Hutcheson stated that it was astounding that this Council could not operate with only six members for only two meetings when other cities and towns seem to do it all the time. She asked if the present Council was inferior and must have seven members to hold two meetings before a new Council was seated. She saw no precedent for that. As the Council had heard from the Town Attorney, there wasn't any necessity. She was disappointed that with only two meetings before the new Council was to be seated that the current Council would have the audacity to make the decision of a replacement. That action showed a complete lack of confidence in the abilities of the new Councilmembers, who had received over 50% of the public vote. She stressed it was only two meetings. She noted the current Councilmembers who voted for this would be starting the new Council out in a tremendously arrogant position. She felt the public would be shocked and she was embarrassed that the some of the current Council felt they could not carry on the Town's business for two meetings with only six Councilmembers. Councilman Wyman stated the election was over. The public clearly brought in a preservation group and he looked forward to working with them. H did not see what that had to do with doing business between now and the first of June. Councilwoman Hutcheson stated that to exclude the three people chosen by the public from any part of the selection process of the person that they would be working with, by the four people presently sitting on the Council who won't be here, was absolutely inexcusable. Mark Van Boeckel, Cambrio Dr. He asked that the new Councilmembers be allowed the opportunity to pick the new member since the public process had been excluded. Bill Pait, 16128 E. Emerald He suggested choosing the 4th person in line, John Kavanagh, from the last election totals. Document in 6-2-05.obd 5/27/2005 Page 5 of 7 Councilman Wyman asked if that was possible and could the 4th person in line simply be brought in or did he have to be dealt with like anyone else. Mr. Farrell stated that person was certainly entitled to apply but that they didn't have to be considered unless they applied. Harold Denonme, 15205 E. Pageland Circle He agreed with the last speaker and asked the Council to consider this option. He also suggested changing the by laws so that this was automatic in the future. Jack Fraser, 14956 E. Windyhill Rd. He expressed that the Council should take their time and do the deliberation, as there was no need to hurry. Leesa Fraverd, Cavern Dr. (Councilmember elect) She stated she did not mind if the process was started but she agreed with Mayor Morgan that for two meetings the Town Council wouldn't struggle, as there had been Council meetings in the past with only six Councilmembers presiding. They had managed to move ahead with the Town's business. She suggested that Vice Mayor Apps and Councilman Poma might want to apply. She reminded Councilman Mower and Mayor Morgan that as she did not know who would be here in June, that the public had elected her to help lead the Town. In the spirit of cooperation and courtesy she asked that she be a part of the process of appointing someone. She addressed Councilmembers Wyman and Hutcheson. She asked them to give her and the new people the chance to help them in the selection process of the replacement. She said it was important that the Town Councilmembers work well together. She said there had been bickering in the past and she would like to avoid that and focus on getting things accomplished. John McNeill, Thistle Dr. (Councilmember elect) He stated he saw no problem with the Town Council starting the process but asked that the newly elected Council be allowed to participate in the selection process. Councilman Wyman reminded the public that it was at these Council meetings where Councilmembers could openly, as a quorum, discuss, cuss, and quarrel and thus state their particular and individual points of view. He stated in the two years he has served on the Council that he had many contentious exchanges with fellow Councilmembers. He said he had never walked out with any resentment in his heart, he had always respected their opinions, and they had always respected his. He confirmed that was democracy at work and the only chance the Council had to air their thoughts. He said their discussions were done in public and he felt the public benefited from the process. Mayor Morgan reminded the Council that this important decision would be made with only six Councilmembers. The vote CARRIED on a vote of (4 – 2), Mayor Morgan and Councilwoman Hutcheson cast the nay votes. Mayor Morgan called Councilwoman Wiggishoff back to the bench. Document in 6-2-05.obd 5/27/2005 Page 6 of 7 Excerpt from the Meeting of 2002-2-21 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL February 21, 2002 AGENDA ITEM #5 - CONSIDERATION OF APPOINTING A CITIZEN TO FILL THE COUNCIL SEAT VACATED BY THE RESIGNATION OF JOHN MCNEILL. Town Attorney Bill Farrell stated that the item before the council was the appointment of one member of the public to fill the two years and two months left on the term of Councilman McNeill’ s who had resigned effective the first council meeting in February. At that time the Council advertised in the local paper to solicit resumes of interested citizens. He noted that the Council received resumes and interviewed those candidates for the position. Mr. Farrell stated that State Law and the Town Code require that a vacancy during a term of office be filled by Council appointment. He explained that State Law also requires that any person appointed to fill the remainder of term must take the oath of office at least one day before commencement of his/her term of office. The person approved tonight would have to wait until either tomorrow or Monday to be sworn in. At that time that person would be an active council person beginning with the next regular meeting on March 7th or a special meeting if one were to be called before then. Mr. Farrell confirmed that the councilperson selected tonight would not be sworn in or appear on the dais tonight. Mayor Morgan MOVED to appoint Enrique Melendez to fill the vacant council seat of John McNeill and Councilwoman Fraverd SECONDED the motion. John Wyman, resident He publicly applauded the Council’ s decision. He noted that he has known Mr. Melendez for years and he congratulated Mr. Melendez. Rick Melendez, He said it was an honor to serve the community. He briefly gave his background and his reasoning for submitting his application. He hoped to bring to this Council a cooperative spirit and a fresh viewpoint. He pledged to work diligently, to respect their points of view, and to work towards a common goal, to make Fountain Hills the safest community with the best quality of life not only in Arizona but also in the country. He introduced his wife Pamela Melendez. He introduced the Scottsdale Chief of Police Doug Bartosh and thanked him for attending. He stated that with the help of God and his wife that he hoped to be an objective, positive, and constructive member of the Council for the next two years. Joe Arpaio, resident He commented on Mayor Morgan’ s State of the Town and thanked the Council and everyone involved for their efforts on reducing the overhead airplane noise. The motion CARRIED unanimously. Document in 6-2-05.obd 5/27/2005 Page 7 of 7 Arizona Revised State Statutes: 9-232. Council; qualifications of members; oath; selection of mayor A. A person shall not be a member of a city or town council unless, at the time of the election, the person is eighteen years old, is a qualified elector residing within the city or town at the time of the election, and has resided in the city or town for one year next preceding the election, or if an area has been annexed to the city or town for a period of less than one year next preceding the election has resided in such area for one year next preceding the election. If an annexed area is subject to the provisions of this subsection, a person may meet the residency requirements if he has resided within the existing limits of the city or town for the one year period. B. Every member of the council shall hold the office for the term of two years, except the members of the council first appointed, and before entering upon the duties of the office, the member shall take and subscribe the oath of office. C. The common council shall assemble within twenty days after their appointment or election, and choose a mayor from among their number. 9-235. Vacancies in council A. The council shall fill a vacancy that may occur by either of the following: 1. Appointment for the unexpired term. 2. Appointment until the next regularly scheduled council election if the vacancy occurs more than thirty days before the nomination petition deadline. B. The member appointed shall meet the qualifications established in section 9-232. Document in 6-2-05.obd Page 1 of 3 Last printed 5/27/2005 12:37 PM NOTICE OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Mike Archambault Councilman Keith McMahan Councilman John Kavanagh Vice Mayor Kathleen Nicola (6/6/02 – 5-19-05) Councilman Ed Kehe Councilman Jay Schlum DATE: THURSDAY, JUNE 2, 2005 TIME: 5:30 – 6:00 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ (Executive Session will be held in the Building A Teleconference Room) 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 6-2-05.obd Page 1 of 3 Last printed 5/27/2005 12:37 PM 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. §38-431- 03.A.1, For discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that, with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting. (Specifically, Community Center Advisory Commission candidates’ interviews.) 2. RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Cantor Howard Tabaknek of Temple Beth Hagivot • ROLL CALL – Mayor Nichols • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS – (i) The Mayor will introduce the Town’s new Fire Chief Scott LaGreca. 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 May 5th and May 17th, 2005. *2.) CONSIDERATION of RESOLUTION 2005-33, authorizing the Town Manager to act as the applicant agent for the Town of Fountain Hills with the Federal Emergency Management Agency (FEMA) for reimbursement of funds. *3.) CONSIDERATION of RESOLUTION 2005-38, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property line of Plat 603C, Block 3, Lot 24 (12243 Twin Deer Run) as recorded in Book 161 of Maps, Page 43, Records of Maricopa County, Arizona, with stipulations. EA05-11 (Baldwin). *4.) CONSIDERATION of RESOLUTION 2005-39, 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 5, Lot 7 (15516 E. Sycamore Drive) as recorded in Book 196 of Maps, Page 28, Records of Maricopa County, Arizona. EA05-12 (Hards). *5.) CONSIDERATION of RESOLUTION 2005-40, abandoning whatever right title, or interest the Town has in certain public utility and drainage easements located at the southerly property line of Plat 111, Block 9, Lot 8 (16257 E. Hyde Park Drive) as recorded in Book 150 of Maps, Page 12 Records of Maricopa County, Arizona. EA05-13 (Bender). *6.) CONSIDERATION of ORDINANCE 05-04, amending the Town Code, Chapter 2, Mayor and Council, Article 2-4-3, Posting Notice of Meetings, Subsection (C), to reflect the new address of the Fountain Hills Town Hall. *7.) CONSIDERATION of approving the AGREEMENT between the Town of Fountain Hills and the Scottsdale Convention & Visitor Bureau in the amount of $40,000. Document in 6-2-05.obd Page 2 of 3 Last printed 5/27/2005 12:37 PM *8.) CONSIDERATION of approving an AGREEMENT between the Town of Fountain Hills and Black Box Net Services for installation of wiring in the Civic Center II Project. *9.) CONSIDERATION of approving a THIRD AMENDMENT to the Holder Construction contract for the Civic Center II Project for proposed change orders revising the guaranteed maximum price. *10.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for the “Tuscany at Cambria Condominiums”, a 2-unit condominium project, located at 13645 E. Cambria Drive, aka Plat 102, Block 4, Lot 6. Case Number S2005-04. *11.) CONSIDERATION of RESOLUTION 2005-37, abandoning the Final Replat for the J & J Properties Condominiums, a 2-unit condominium, located at 16312 E. Desert Sage Drive, Units A & B, and reverting back to the original Final Plat 206, Block 1, Lot 27. Case#2005-05 *12.) CONSIDERATION of the FINAL PLAT for “Palatial Estates”, a 19-Lot Single Family subdivision, located north of Shea Boulevard between Palisades Boulevard and Fountain Hills Boulevard. *13.) CONSIDERATION of RESOLUTION 2005-34, repealing Resolution 2004-32 and amending the pay ranges for employees of the Town of Fountain Hills. REGULAR AGENDA 14.) CONSIDERATION of initiating a TEXT AMENDMENT to the Zoning Ordinance to modify the maximum 200-foot building length limitation in Multi-family Zoning Districts. 15.) CONSIDERATION of RESOLUTION 2005-32, approving a mutual aid agreement with the City of Scottsdale regarding fire and emergency services. 16.) CONSIDERATION of RESOLUTION 2005-22, approving a mutual aid agreement with Rio Verde regarding fire and emergency services. 17.) DISCUSSION AND POSSIBLE DIRECTION TO STAFF to adjust the 2005-06 budget to integrate Senior Services, Inc. of Fountain Hills into the Town’s operation. 18.) PUBLIC HEARING regarding RESOLUTION 2005-35, adopting the Tentative Budget as the 2005- 06 fiscal year budget for the Town of Fountain Hills. 19.) CONSIDERATION of RESOLUTION 2005-35, adopting the Tentative Budget as the 2005-06 fiscal year budget for the Town of Fountain Hills. . 20.) DISCUSSION of the COUNCILMEMBER REPLACEMENT/APPOINTMENT PROCEDURE and the ROTATION of the Vice Mayor position with possible direction to staff. 21.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 22.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE 23.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 24.) ADJOURNMENT. . DATED this 27th day of May, 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.