HomeMy WebLinkAbout6-2-05Document in 6-2-05.obd 5/27/2005
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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.
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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.
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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.
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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
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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.
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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.
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*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.