HomeMy WebLinkAbout10-6-05NOTICE OF EXECUTIVE AND
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilman Mike Archambault Councilman Keith McMahan
Councilman John Kavanagh
Councilman Ed Kehe Vice Mayor Jay Schlum
TIME: 4:30 - 6:25 P.M. - EXECUTIVE SESSION (Closed session)
6:30 P.M. - REGULAR SESSION (Open to the public)
WHEN: THURSDAY, OCTOBER 6, 2005
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS (NEW TOWN HALL)
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
(Executive Session will be held in 2nd floor Conference 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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• CALL TO ORDER –Mayor Nichols
• ROLL CALL – Mayor Nichols
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,
discussion of Planning and Zoning Commission applicants and the town manager’s performance
evaluation); and, Pursuant to A.R.S. §38-431-03.A.4, For discussion or consultation with the
attorneys of the public body in order to consider its position and instruct its attorneys regarding the
public body’s position regarding contracts that are the subject of negotiations, in pending or
contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation.
(Specifically, the town hall lease.)
2. RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION –Pastor Mark Lansberry, Fountains Methodist Church
• ROLL CALL – Mayor Nichols
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS –
(i) The Mayor will introduce Maricopa County Attorney Andrew Thomas, who will speak
on current issues that affect Fountain Hills’ residents.
(ii) Presentation by Robert Hanford with Chaparral City Water Company regarding the
past minor contamination.
(iii) The Mayor will present outgoing Planning and Zoning commissioner Dr. William
O’Brien with a plaque of appreciation for years of service.
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
September 1, 2005, Special and Executive Session; September 13, 2005, Work Study
Session; and the September 15, 2005, Regular and Executive Session.
*2.) CONSIDERATION of RESOLUTION 2005-58, repealing Resolution 2005-36 and providing
notice of the regular (Primary/General) elections; establishing polling places and the times that such
polls will be open; designating the election dates and purpose of election; designating the deadlines
for voter registration; and designating the place and the last date for candidates to file nomination
papers.
*3.) CONSIDERATION of RESOLUTION 2005-56, abandoning whatever right, title, or interest the
Town has in certain public utility and drainage easements located at the northerly and easterly
property line of Plat 505A, Block 5, Lot 12 (15819 N. Boulder Drive) as recorded in Book 158 of
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Maps, Page 40 Records of Maricopa County, Arizona. EA05-19 (Bovinette)
*4.) CONSIDERATION of RESOLUTION 2005-57, 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 2, Lot 31 (15904 E. Cholla Drive) as recorded in Book 161 Maps, Page 43 Records
of Maricopa County, Arizona, with stipulation. EA05-20 (Bucur)
*5.) CONSIDERATION of approving the SPECIAL EVENT APPLICATION submitted by
Thunderbird Artists for the Fountain Hills Fine Art and Wine Affaire scheduled for Friday, Saturday,
and Sunday, March 24, 25, and 26, 2006, from 10 AM to 5 PM. The event will require the closure
of Avenue of the Fountains from Verde River Drive to La Montana Drive.
*6.) CONSIDERATION of approving the SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by the Fountain Hills Downtown Business Community for the Fine Art and Wine Tasting
Affaire scheduled for March 24, 25, and 26, 2006, from 10 AM to 5 PM on Avenue of the Fountains.
*7.) CONSIDERATION of approving the SPECIAL EVENT LIQUOR LICENSE submitted by Bruce
Thulien for the Veterans of Foreign Wars Post 7507. The request is for a fundraiser to be held in
conjunction with the Fountain Festival scheduled for November 11-13, 2005, from 9 AM to 6 PM on
Friday and Saturday and from 10 AM to 6 PM on Sunday.
*8.) CONSIDERATION of approving the SPECIAL EVENT LIQUOR LICENSE submitted by Bruce
Thulien for the Veterans of Foreign Wars Post 7507. The request is for a fundraiser to be held in
conjunction with the Great Fair scheduled for February 24-26, 2006, from 9 AM to 6 PM on Friday
and Saturday and from 10 AM to 6 PM on Sunday.
*9.) CONSIDERATION of approving the SPECIAL EVENT APPLICATION submitted by the
Chamber of Commerce for the Thanksgiving Day Parade scheduled to be held from 9 AM to 11 AM
on Thursday, November 24, 2005.
*10.) CONSIDERATION of approving the SPECIAL EVENT APPLICATION submitted by the
Chamber of Commerce for the Stroll in the Glow on the Avenue of the Fountains scheduled to be
held from 4 PM to 8 PM on Saturday, December 3, 2005.
*11.) CONSIDERATION of approving the SPECIAL EVENT APPLICATION submitted by the
Chamber of Commerce for the Fountain Festival scheduled for Friday, Saturday, and Sunday,
November 11, 12, and 13, 2005, from 10 AM to 5 PM. The event will require the closure of Saguaro
Boulevard from Paul Nordin Parkway, Avenue of the Fountains from Saguaro Boulevard to La
Montana Drive, and a portion of Verde River Drive.
*12.) CONSIDERATION of approving the SPECIAL EVENT APPLICATION submitted by the
Chamber of Commerce for the Great Fair scheduled for Friday, Saturday, and Sunday, February 24,
25, and 26, 2006, from 10 AM to 5 PM on Friday and Saturday and from 8 AM to 5 PM on Sunday.
The event will require the closure of Saguaro Boulevard from Palisades Boulevard to Paul Nordin
Parkway, Avenue of the Fountains from Saguaro Boulevard to La Montana Drive, and a portion of
Verde River Drive.
*13.) CONSIDERATION of approving the PRELIMINARY AND FINAL PLAT for “Cornerstone Casas
Condominiums”, a 3-unit condominium project located at 13862 Hamilton Drive aka Lot 17, Block
5, Plat 111. Case #S2005-16.
*14.) CONSIDERATION of approving the PRELIMINARY AND FINAL PLAT FOR “Sunflower I
Condominiums”, a 2-unit condominium project located at 16029 E. Sunflower Drive, aka Plat 601-
A, Block 2, Lots 2 & 3. Case Number S2005-14.
*15.) CONSIDERATION of approving a PROFESSIONAL SERVICES AGREEMENT with e-group
Landscape Architecture/Environmental Design, Inc., in the amount of $26,950.00 for the design and
architectural plans for Fountain Park – Phase III (picnic ramadas), along with construction
administration services.
*16.) CONSIDERATION of cancelling the October 20, 2005, regular council meeting.
*17.) QUARTERLY UPDATE by the town manager on progress of implementing the COUNCIL’S
GOALS.
REGULAR AGENDA
18.) CONSIDERATION of APPOINTING three citizens to fill the current vacancies on the Planning and
Zoning Commission; each individual to serve a 2-year term.
19.) CONSIDERATION of proposed revisions to DEVELOPMENT FEES with possible direction to staff
regarding notice of intent and adoption schedule.
20.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths,
weaknesses, and discuss possible improvements for future meetings.
21.) 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.
22.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
23.) ADJOURNMENT.
DATED this 30th day of September, 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: Regular Meeting Meeting Date: October 6, 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 September 1. 2005, Special and Executive Session; September 13, 2005, Work Study Session; and the
September 15, 2005, Regular and Executive Session.
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: October 6, 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:
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 2005-58, repealing Resolution 2005-36 and
providing notice of the regular (Primary/General) elections; establishing polling places and the times that such
polls will be open; designating the election dates and purpose of election; designating the deadlines for voter
registration; and designating the place and the last date for candidates to file nomination papers.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: The purpose of this resolution is to correct the earliest filing
date for council candidates contained in Resolution 2005-36 approved by the Council at the September 15, 2005
meeting. The ealiest date to submit a candidate filing as allowed by state statutue (§16-311.B) should have been
listed as November 14 and not November 4. Staff requests that the council approve this correction.
List All Attachments as Follows: Resolution 2005-58
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
RESOLUTION NO. 2005-58
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, REPEALING RESOLUTION NO. 2005-36 AND
PROVIDING NOTICE OF THE REGULAR (PRIMARY/GENERAL)
ELECTIONS; ESTABLISHING POLLING PLACES AND THE TIMES THAT
SUCH POLLS WILL BE OPEN; DESIGNATING THE ELECTION DATES AND
PURPOSE OF ELECTION; DESIGNATING THE DEADLINES FOR VOTER
REGISTRATION; AND DESIGNATING THE PLACE AND THE LAST DATE
FOR CANDIDATES TO FILE NOMINATION PAPERS.
WHEREAS, the Council of the Town of Fountain Hills, Arizona (the “Town Council”)
passed and adopted Resolution No. 2005-36 on September 15, 2005 (the “Resolution”) providing
notice of the regular elections and designating the place and the last date for candidates to file
nomination papers; and
WHEREAS, the Town Council desires to repeal the Resolution because the Resolution
incorrectly describes the date of nomination filings as November 4, 2005; and
WHEREAS, it is provided by law for the holding of a (Primary/General) Election; and
WHEREAS, the Mayor and Council has by resolution called a Primary Election to be held
on March 14, 2006.
NOW THEREFORE, BE IT RESOLVED, BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That Resolution No. 2005-36 is hereby repealed.
SECTION 2. That March 14, 2006, is hereby set as the time for holding the Town of
Fountain Hills Primary Election for the purpose of nominating candidates for the offices of Council
Member and Mayor whose names shall appear on the ballot at the General Election, to be held on
May 16, 2006. Any candidate receiving a majority of all votes cast at the Primary Election will be
declared elected without running at the General Municipal Election.
SECTION 3. That polling places to be used for both the Primary and General Elections are
as follows:
Precinct #1: Christ’s Church of Fountain Hills, 15555 E. Bainbridge Ave.,
Fountain Hills, Arizona.
Precinct #2 Fountain Hills Community Church, 15202 N. Fountain Hills
Boulevard, Fountain Hills, Arizona.
Precinct #3 Fountain Hills Community Church, 15202 N. Fountain Hills
Boulevard, Fountain Hills, Arizona.
Precinct #4 Shepherd of the Hills Lutheran Church, 16150 E. El Lago Boulevard,
Fountain Hills, Arizona.
Precinct#5 Fountain Hills Community Center, 13001 N. La Montana Drive,
Fountain Hills, Arizona.
606842.1
Precinct #6 Fountain Hills Community Center, 13001 N. La Montana Drive,
Fountain Hills, Arizona.
Precinct #7 Fountain View Village, 16455 E. Avenue of the Fountains, Fountain
Hills, Arizona.
Precinct #8 Church of Jesus Christ of Latter-Day Saints, 15507 E. Bainbridge
Avenue, Fountain Hills, Arizona.
The polls shall be open from 6:00 a.m. until 7:00 p.m.
SECTION 4. That early voting for both the Primary and General Election will be conducted
on site at the Fountain Hills Town Hall, located at 16705 E. Avenue of the Fountains, Fountain
Hills, Arizona. Early voting for the Primary Election will be held February 9, 2006 through March
10, 2006 during business hours of 8 a.m. to 5 p.m. Early voting for the General Election will be
held April 13, 2006 through May 12, 2006 during business hours of 8 a.m. to 5 p.m.
SECTION 5. That the Town of Fountain Hills will contract with Maricopa County
Elections under the established intergovernmental agreement to provide such election services as
required to conduct both the Primary and General Elections. Maricopa County (the “County”)
registration and voting lists will be used for the Primary and General Elections. In order to qualify
to vote at the Primary Election, individuals must be registered with the County by February 13,
2006. In order to qualify to vote at the General Election, individuals must be registered with the
County by April 17, 2006.
SECTION 6. That candidates seeking municipal office may obtain nomination papers and
other materials that must be filed by the candidates with the Town Clerk beginning on Monday,
October 3, 2005. Candidates must file all nomination papers and other nominating forms with the
Office of the Town Clerk, located at Town Hall, 16705 E. Avenue of the Fountains, Fountain Hills,
Arizona beginning November 14, 2005, and no later than 5:00 p.m. on Wednesday, December 14,
2005, in order for their names to appear on the Primary Election ballot.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, October 6, 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
606842.1
2
Document in 10-6-05.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 10/6/05
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 2005-56 abandoning whatever right, title,
or interest the Town has in the certain public utility and drainage easements located at the northerly and
easterly property line of Plat 505A, Block 5, Lot 12 (15819 N. Boulder Drive) as recorded in Book 158
of Maps, Page 40 Records of Maricopa County, Arizona. EA05-19 (Bovinette)
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Request for abandonment.
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 10-6-05.obd
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: September 14, 2005
FR: Art Candelaria, Civil Engineer
Randy Harrel, Town Engineer
Reviewed: Tom Ward, Director of Public Works
RE: Easement Abandonment - EA05-19
15819 N. Boulder Drive
Plat 505A, Block 5, Lot 12
This item on the Town Council's agenda is a proposal to abandon portions of the twenty (20’) foot public utility and
drainage easements located at the northerly and easterly property line of Plat 505A, Block 5, Lot 12, (15819 N.
Boulder 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, except for the
front (westerly) 30’ which should be retained for potential future access to the adjacent Oxford Wash.
Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 12
are required to pass the developed flows generated by the upstream lots across their property.
Staff recommends approval of Resolution 2005-56.
Enc: Resolution
Exhibit
c: Vance Bovinette
Adjacent Property Owners
Document in 10-6-05.obd
RESOLUTION 2005-56
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS AT THE NORTHERLY AND EASTERLY PROPERTY
LINE OF PLAT 505A, BLOCK 5, LOT 12, FOUNTAIN HILLS, ARIZONA, AS
RECORDED IN BOOK 158 OF MAPS, PAGE 40 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 northerly and easterly property line of Plat 505A, Block 5, Lot 12, Fountain Hills, as
recorded in Book 158 of Maps, Page 40 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 10-6-05.obd
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, October
6, 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 10-6-05.obd
Document in 10-6-05.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 10/6/05
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 2005-57 abandoning whatever right, title,
or interest the Town has in the certain public utility and drainage easements located at the northerly
property line of Plat 603C, Block 2, Lot 31 (15904 E. Cholla Drive) as recorded in Book 161 of Maps,
Page 43 Records of Maricopa County, Arizona, with stipulation. EA05-20 (Bucur)
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Request for abandonment.
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 10-6-05.obd
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: September 18, 2005
FR: Art Candelaria, Civil Engineer
Randy Harrel, Town Engineer
Reviewed: Tom Ward, Director of Public Works
RE: Easement Abandonment - EA05-20
15904 E. Cholla Drive
Plat 603C, Block 2, Lot 31
This item on the Town Council's agenda is a proposal to abandon portions of the ten (10’) foot public utility and
drainage easements located at the northerly property line of Plat 603C, Block 2, Lot 31, (15904 E. Cholla Drive) as
shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will
not be infringed upon by the construction of utilities.
All affected utility companies have been notified of this abandonment proposal and have approved the
proposed abandonment of this public utility easement.
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 31 are required to pass the developed flows generated by the upstream lots across
their property.
Staff recommends approval of Resolution 2005-57, subject to the following stipulation:
• Grant a 10’x10’ public utility easement at the southeast corner of the lot.
Enc: Resolution
Exhibit
c: John Bucur
Adjacent Property Owners
Document in 10-6-05.obd
RESOLUTION 2005-57
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS AT THE NORTHERLY PROPERTY LINE OF PLAT
603C, BLOCK 2, LOT 31, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK
161 OF MAPS, PAGE 43 RECORDS OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the
governing body of real property located in the Town of Fountain Hills (the “Town”), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any
proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easement,
located at the northerly property line of Plat 603C, Block 2, Lot 31, 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 10-6-05.obd
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, October
6, 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 10-6-05.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: October 6, 2005
Submitting Department: Planning & Zoning Contact Person: Robert Rodgers, Senior 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 Finance
Regular Agenda Wording: CONSIDERATION of the FINAL PLAT for "Sunflower I Condominiums", a 2-unit
condominium project located at 16029 E. Sunflower Drive; aka Lots 2 & 3, Block 2, Plat 601A. #S2005-14
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: 2-Unit Condo plat of an existing duplex
List All Attachments as Follows: Staff Report, Parcel Map, Aerial Photo, Plat (2 pages)
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
PLANNING & ZONING COMMISSION
STAFF REPORT
TO: Honorable Mayor & Town Council
DT: October 6, 2005
FR: Robert Rodgers, Senior Planner
THR: Richard Turner, AICP
Planning and Zoning Administrator
RE: Case # S2005-14; Preliminary and Final
Plat, Labeled
“A Condominium Plat for, Sunflower 1”
LOCATION: 16029 E. Sunflower Drive --- Plat 601-A, Block 2, Lot 2
REQUEST: Consider the Preliminary and Final Plat, Labeled “A Condominium Plat for, Sunflower
1”, a 2-unit condominium project.
DESCRIPTION:
OWNER: Daniel Howell
APPLICANT: Jeff Cook, Western Geomatics Services
EXISTING ZONING: R-3
EXISTING CONDITION: Built
LOT SIZE: 0.41 acres (17,860 sf)
SURROUNDING LAND USES AND ZONING:
NORTH: Montanos Estates; 2 units; Zoned “R-3”
SOUTH: Vacant; Zoned “R-3”
EAST: Sunflower Condos; Duplex; Zoned “R-3”
WEST: Sunflower Villas Condos; 4 units; Zoned “R-3”
SUMMARY:
This request is for approval of the Preliminary and Final Plat for “A Condominium Plat for, Sunflower 1”,
Declaration of Condominium, which subdivides cubic airspace, and is not a land sell project. This is a basic
division of an existing building and this project does not involve any off-site public improvements.
The owner, Daniel Howell, has applied to convert a two-unit residential complex and record a Declaration of
Condominium in order to sell the units individually. Unit 1 has a maximum livable area of 2,316 square feet.
Unit 2 also has a maximum livable area of 2,316 square feet. Each unit has a garage, covered entry, balcony
and patio. The property meets all underlying requirements of the zoning district.
RECOMMENDATION:
Staff recommends approval of S2005-14;
Labeled “A Condominium Plat for, Sunflower 1”
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: October 6, 2005
Submitting Department: Parks and Recreation Department Contact Person: Bryan Hughes
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: Consideration of approving a PROFESSIONAL SERVICES AGREEMENT with e
group Landscape Architecture/Environmental Design, Inc., in the amount of $26,950.00 for the design and
architectural plans for Fountain Park - Phase III (picnic ramadas), along with construction administration services.
Staff Recommendation: Approve Fiscal Impact: Yes $26,950.00
Purpose of Item and Background Information: The picnic ramadas are to be constructed adjacent to the new
playgrounds per the master plan. e group has previously completed the overall Master Plan for Fountain Park, as
well as the design and construction documents for both Phase I and Phase II Improvements.
Funds for this project have been budgeted under Parks and Recreation Development fees in this year's budget.
Staff is recommending approval of the Agreement.
List All Attachments as Follows: Copy of the signed Agreement
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: October 6, 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:
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 cancelling the October 20, 2005, regular council meeting.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: The purpose of this action would be to notify the public that
the October 20, 2005, council meeting has been cancelled. This cancellation request came from Mayor Nichols.
He and Vice Mayor Schlum will not be in town to attend this meeting.
According to the adopted Council Rules of Procedure Section 3.1 (A): The Council shall hold regular Meetings
on the first and third Thursday of each month at six thirty p.m. When deemed appropriate, any regular Meeting
date of the council may be changed by a majority of the Council, except that at least one regular Meeting a month
must be held and that such notice of the reschedule Meeting shall be given to the public as is reasonable and
practicalbe under the circumstances. Therefore staff is requesting council action so that appropriate notice may be
published in the local paper and posted in the "official" meeting posting sites.
List All Attachments as Follows: None
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
*17.) QUARTERLY UPDATE by the town manager on progress of implementing the COUNCIL’S
GOALS.
REGULAR AGENDA
18.) CONSIDERATION of APPOINTING three citizens to fill the current vacancies on the Planning and
Zoning Commission; each individual to serve a 2-year term.
19.) CONSIDERATION of proposed revisions to DEVELOPMENT FEES with possible direction to staff
regarding notice of intent and adoption schedule.
20.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths,
weaknesses, and discuss possible improvements for future meetings.
21.) 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.
22.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
23.) ADJOURNMENT.
DATED this 30th day of September, 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.
Z:\Council Packets\2005\R10-6-05\Agenda 10-6-05.doc Page 1 of 4 Last printed 9/30/2005 10:35 AM