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Home My WebLink About12-1-05Document in 12-1-05.obd Page 1 of 3 Last printed 11/28/2005 2:05 PM NOTICE 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: 5:00 - 6:25 P.M. - EXECUTIVE SESSION 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, DECEMBER 1, 2005 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 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. Document in 12-1-05.obd Page 1 of 3 Last printed 11/28/2005 2:05 PM • 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, Parks and Recreation Commission applicant interviews). 2. RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Pastor Jim Fitz, Fountain Hills Community Church • ROLL CALL – Mayor Nichols • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS – (i) The Mayor will introduce Maricopa County District Attorney, Andrew Thomas, who will speak on current issues that affect Fountain Hills’ residents. 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 November 8, 2005. *2.) CONSIDERATION of CANCELLING the Thursday, December 15, 2005, Council meeting due to the 35th Anniversary Celebration of the Fountain. *3.) CONSIDERATION of RESOLUTION 2005-59, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly and westerly property line of Plat 505C, Block 2, Lot 7 (16606 N. Kim Drive) as recorded in Book 158 of Maps, Page 42 Records of Maricopa County, Arizona with stipulation. EA05-22 (Hatting) Document in 12-1-05.obd Page 2 of 3 Last printed 11/28/2005 2:05 PM *4.) CONSIDERATION of approving a TEMPORARY USE PERMIT, for a farmers market to be located at 16810 Avenue of the Fountains, aka Executive Suites, on Thursdays, 3:00 p.m. to 7:00 p.m. Case# TU2005-15 and TU2005-17. *5.) CONSIDERATION of approving the RE-PLAT of the Final Plat of “Fountain Crest II Condominiums”, a 7-unit condominium project, located at 16644 E. Westby Drive, aka Plat 102, Block 1, Lot 4. Case# S2005-20. *6.) CONSIDERATION of approving a PURCHASE AGREEMENT with Five Star Ford for a hybrid Ford Escape vehicle in the amount of $27,747.89. *7.) CONSIDER acceptance of the donation of assets from Senior Services of Fountain Hills, Inc., as part of the continued transition of Senior Services to the Town. REGULAR AGENDA 8.) DISCUSSION AND CONSIDERATION of RESOLUTION 2005-18, adopting the Town of Fountain Hills Strategic Plan 2006-2010 dated November 22, 2005, establishing the Strategic Planning Advisory Commission and adopting bylaws for its governance. 9.) 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. 10.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 11.) ADJOURNMENT. DATED this 23rd day of November, 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. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: December 1, 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 November 8, 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: December 1, 2005 Submitting Department: Parks and Recreation Contact Person: Mark Mayer Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Cancel Town Council Meeting 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 Thursday, December 15, 2005, Council meeting due to the 35th Anniversary Celebration of the Fountain. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: On December 15th, the Fountain will be turning 35 years old. Since the Fountain is the symbol of the Town, to mark the occasion, a celebration will be held at Fountain Park beginning at 6:00 p.m. The celebration will include comments by Mayor Nichols, comments by Alan Cruikshank from the Fountain Hills Historical Society, a slide show with early pictures of Fountain Hills, the Fountain and 70’s nostalgia, birthday cakes, fireworks display, and the Fountain at full height. Additionally, the Strategic Plan TAC will make a brief presentation highlighting the results of the process. We encourage the community to attend this wonderful celebration as we remember Fountain Hills' past and begin to look to the future. 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 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 12/1/05 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 2005-59 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly and westerly property line of Plat 505C, Block 2, Lot 7 (16606 N. Kim Drive) as recorded in Book 158 of Maps, Page 42 Records of Maricopa County, Arizona, with stipulation. EA05-22 (Hatting) 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 Z:\Council Packets\2005\R12-1-05\EA05-22 Res. 2005-59.doc TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: October 11, 2005 FR: Art Candelaria, Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-22 16606 N. Kim Drive Plat 505C, Block 2, Lot 7 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 and westerly property lines of Plat 505C, Block 2, Lot 7, (16606 N. Kim 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. A 10’ x 10’ public utility easement will be retained at the most easterly corner of Lot 7 for potential future utility boxes. 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 2005-59, subject to the following stipulation: • Grant a 10’ x 10’ public utility easement at the most southeasterly corner of Lot 7 (along Kim Drive), for existing and future utility boxes. Enc: Resolution Exhibit c: Dave & Karen Hatting Adjacent Property Owners Z:\Council Packets\2005\R12-1-05\EA05-22 Res. 2005-59.doc RESOLUTION 2005-59 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 WESTERLY PROPERTY LINE OF PLAT 505C, BLOCK 2, LOT 7, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42 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 and westerly property line of Plat 505C, Block 2, Lot 7, Fountain Hills, as recorded in Book 158 of Maps, Page 42 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] Z:\Council Packets\2005\R12-1-05\EA05-22 Res. 2005-59.doc PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, December 1, 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 Z:\Council Packets\2005\R12-1-05\EA05-22 Res. 2005-59.doc Z:\Council Packets\2005\R12-1-05\EA05-22 Res. 2005-59.doc *4.) CONSIDERATION of approving a TEMPORARY USE PERMIT, for a farmers market to be located at 16810 Avenue of the Fountains, aka Executive Suites, on Thursdays, 3:00 p.m. to 7:00 p.m. Case# TU2005-15 and TU2005-17. *5.) CONSIDERATION of approving the RE-PLAT of the Final Plat of “Fountain Crest II Condominiums”, a 7-unit condominium project, located at 16644 E. Westby Drive, aka Plat 102, Block 1, Lot 4. Case# S2005-20. *6.) CONSIDERATION of approving a PURCHASE AGREEMENT with Five Star Ford for a hybrid Ford Escape vehicle in the amount of $27,747.89. *7.) CONSIDER acceptance of the donation of assets from Senior Services of Fountain Hills, Inc., as part of the continued transition of Senior Services to the Town. REGULAR AGENDA 8.) DISCUSSION AND CONSIDERATION of RESOLUTION 2005-18, adopting the Town of Fountain Hills Strategic Plan 2006-2010 dated November 22, 2005, establishing the Strategic Planning Advisory Commission and adopting bylaws for its governance. 9.) 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. 10.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 11.) ADJOURNMENT. DATED this 23rd day of November, 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\R12-1-05\Agenda 12-01-05.doc Page 2 of 3 Last printed 11/28/2005 12:27 PM