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HomeMy WebLinkAbout3-2-06 Council Packet Document in 3-2-06 packet.obd Last printed 2/24/2006 11:30 AM NOTICE OF EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilmember Mike Archambault Councilmember Keith McMahan Councilmember John Kavanagh Councilmember Ed Kehe Vice Mayor Jay Schlum TIME: 5:30 - 6:25 P.M. - EXECUTIVE SESSION 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, MARCH 2, 2006 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 Councilmembers. 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 3-2-06 packet.obd Last printed 2/24/2006 11:30 AM Page 1 of 3 • CALL TO ORDER –Mayor Nichols 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) Pursuant to A.R.S. § 38-431-03.A.1, for discussion or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiations for the purchase, sale or lease of real property. (Specifically, the town hall lease.) 2. RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Pastor Mark Derksen with Faith Mountain Christian Church • ROLL CALL – Mayor Nichols • MAYOR’S REPORT – The Mayor will read a St. Patrick’s Proclamation. • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS – Maricopa County Elections Director Karen Osborne will present information regarding the new Voter Identification Requirement at the polls on Election Day due to the passage of Proposition 200, at the 2004 General Election, which became effective January 24, 2005. 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 Councilmembers 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 February 7 and 16, 2006. *2.) CONSIDERATION of a PRELIMINARY AND FINAL PLAT for “Quail Run Condominiums”, an 88-unit condominium project located at 16657 E. Gunsight Dr., aka Lot 1, Plat Quail Run. Case#S2006-02. *3.) CONSIDERATION of RESOLUTION 2006-10, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the westerly property line of Plat 602A, Block 1, Lot 25 (15657 E. Sunflower Drive) as recorded in Book 161 of Maps, Page 42 Records of Maricopa County, Arizona. EA06-01- Jacobs Trust. *4.) CONSIDERATION of approving an EXTENSION OF PREMISE for Grapeables Fine Wines, located at 12645 N Saguaro Boulevard, Fountain Hills, for March 11, 2006, from 10:00 a.m. to 6:00 p.m. Document in 3-2-06 packet.obd Last printed 2/24/2006 11:30 AM Page 1 of 3 *5.) CONSIDERATION of CANCELING the public hearing for a proposed special use permit for an outdoor yard area and overnight boarding at “Doggie Inn”, to be located at 16750 E. Palisades Boulevard. The applicant has withdrawn her application. Case #SU2005-10. REGULAR AGENDA 6.) CONSIDERATION of a CUT AND FILL WAIVER for the Hasher Residence located at 9841 N. Jagged Circle (Parcel 3B, Lot 15, Eagle Mountain). Case #CFW2005-04. 7.) DISCUSSION regarding proposed CHANGES by the Federal Aviation Administration (FAA) to flight height of commercial aircraft over Fountain Hills, with possible direction to staff. 8.) 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 9.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 10.) ADJOURNMENT. DATED this 24th day of February, 2006. 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: March 2, 2006 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 February 7 and 16, 2006. 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: 3/2/06 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 2006-10 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the westerly property line of Plat 602A, Block 1, Lot 25 (15657 E. Sunflower Drive) as recorded in Book 161 of Maps, Page 42 Records of Maricopa County, Arizona. EA06-01 (Jacobs Trust) 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\2006\R3-2-06\EA06-01 Res. 2006-10.doc TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: January 20, 2006 FR: Art Candelaria Randy Harrel Reviewed: Tom Ward RE: Easement Abandonment - EA06-01 15657 E. Sunflower Drive Plat 602A, Block 1, Lot 25 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 westerly property line of Plat 602A, Block 1, Lot 25, (15657 E. Sunflower 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. Staff is requesting to retain the front 10’ of the existing public utility easement for existing and future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the 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 25 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of RESOLUTION 2006-10. Enc: Resolution Exhibit c: Jacobs Trust Adjacent Property Owners Z:\Council Packets\2006\R3-2-06\EA06-01 Res. 2006-10.doc RESOLUTION 2006-10 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 WESTERLY PROPERTY LINE OF PLAT 602A, BLOCK 1, LOT 25, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 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 westerly property line of Plat 602A, Block 1, Lot 25, Fountain Hills, as recorded in Book 161 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\2006\R3-2-06\EA06-01 Res. 2006-10.doc PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, March 2, 2006. 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\2006\R3-2-06\EA06-01 Res. 2006-10.doc Z:\Council Packets\2006\R3-2-06\EA06-01 Res. 2006-10.doc Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Date: 3/2/06 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: Discusssion regarding proposed changes by Federal Aviation Administration (FAA) to flight height of commercial aircraft over Fountain Hills, with possible direction to staff. Staff Recommendation: Discuss Fiscal Impact: No $ Purpose of Item and Background Information: The FAA has proposed a plan to lower the height at which commercial aircraft fly over Fountain Hills. Presently, the envelope in which commercial aircraft must fly begins at 6,000’ MSL and extends to 10,000 MSL [or approximately 4,000 above the ground level to 8,000 above the ground level around Fountain Hills]. The FAA wants to lower the top limit of the envelope, bringing it down to 9,000’ MSL [or about 7,000 above the ground around Fountain Hills]. This will concentrate the airline traffic into a narrower envelope; the bottom limit stays the same but the upper limit is reduced. The actual impact on Fountain Hills is unknown. A study of FAA radar data would have to be made to determine the real world impact on Fountain Hills residents. Councilmember John Kavanagh has suggested that the Town form a committee to review the FAA’s proposed plan, as we did in 2001 with respect to the Town’s efforts to control air traffic and associated noise over Fountain Hills. Another option is to assign this issue to the Public Safety Advisory Commission. This item is on the agenda for discussion and possible action by Council. List All Attachments as Follows: Article from February 14, 2006 issue of the Arizona Republic. Type(s) of Presentation: Verbal Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager FAA weighs lower ceiling for general Valley aviation Thomas Ropp The Arizona Republic Feb. 14, 2006 12:00 AM Driven by more air traffic, higher fuel prices and safety concerns, the Federal Aviation Administration is preparing to redirect where and how high aircraft fly over the Valley. Aviation officials want to ensure more space between large commercial jets and smaller general-aviation aircraft. But the changes could mean some neighborhoods will hear more aircraft noise and private pilots will be more restricted, especially as they fly closer to Sky Harbor International Airport. The changes could take effect within a year. Warren Meehan, the FAA's air traffic manager at Sky Harbor, said the redesign should improve safety by cutting down on "separation incidents," or close encounters between commercial jets and private aircraft. To accomplish this, the airspace known as Class Bravo, the envelope through which commercial airliners land and take off, will be lowered, while the space below it where private pilots fly will get smaller, forcing general-aviation pilots to fly lower. "They are going to be bringing aircraft closer to the ground and adding to the noisy environment that has already been created," said Tempe Mayor Hugh Hallman, a longtime critic of Sky Harbor. Sky Harbor Director David Krietor said the proposed changes are part of a national redesign of the airspace surrounding major airports. Sky Harbor passenger traffic increased by 1.7 million passengers last year, or just under 5 percent, a growth rate in keeping with the Valley's population surge. Among the 30 largest airports in the nation, Sky Harbor was No. 1 for on-time arrivals in November and No. 2 in December. "So, obviously, the FAA is doing a good job managing the traffic coming into Sky Harbor," Krietor said. Airline support Phil Gee, spokesman for Tempe-based US Airways (formerly America West), said his airline strongly supports the redesign. "It gives the FAA better control of the airspace in and out of Phoenix," Gee said. For the past year, the proposed redesign has quietly made the rounds among an ad hoc group of industry professionals and military officials who have evaluated the plan. "We strenuously oppose it," said Chris Dancy, representative of the Aircraft Owners and Pilots Association, the nation's and world's largest and most influential aviation association with a membership that includes two-thirds of all pilots in the United States. Besides fighting additional airspace restrictions, Dancy said the boundaries for private pilots would no longer be aligned with key reference points, such as easily identifiable highways. Jim Timm, executive director of the Arizona Pilots Association, said he is concerned about the safety of private pilots forced to fly closer to the ground. Falcon Field affected One proposed change in particular near Mesa's Falcon Field would be to lower the level for private pilots to 2,700 feet above sea level, down from 3,000 feet. "Pilots need to be high enough that they have gliding room in an emergency for a safe landing," Timm said. "And, obviously, this will put some general-aviation airplanes closer to residents." John Hoeppner, a Cave Creek activist, led a failed federal lawsuit against the FAA in 2002 to stop Northwest 2000, the last area air-traffic redesign. Hoeppner said the fallout from the new plan is not surprising. "The experts we retained to study the Northwest 2000 routing included former FAA top management and air-traffic controllers," Hoeppner said. "They all predicted that Northwest 2000 would make things worse in the skies over Phoenix." Meehan said commercial-airline routes would not change in this redesign. However, Meehan said Northwest 2000 has required continual adjustments to the Phoenix airspace. He said the flip-flopping of the routes put some commercial arrivals outside their designated Class Bravo airspace. "This should have been addressed during the Northwest 2000 redesign," Meehan said. The problem with close calls is especially acute near Falcon Field, where some jetliners have been as close as 100 feet above private aircraft, even though both were in properly designated airspace, Meehan said. "It may be legit, but I think that's an unconscionable decision on the part of the general-aviation pilot," Meehan said. Airlines want to do everything possible to avoid close calls, especially with fuel prices continuing to rise. When instruments aboard commercial jets warn of a possible close encounter, pilots perform a diversion maneuver, which means extra fuel is burned and extended flight time for crews. To make up for the lower ceilings for general-aviation pilots, the FAA would lower the ceiling for the commercial jets' Class Bravo airspace to 9,000 feet from 10,000 feet. This would allow general-aviation aircraft to fly above the commercial jets at a slightly lower altitude. Meehan said the disenchantment over the proposed redesign doesn't surprise him. "The only thing I can guarantee you is that everyone will not be satisfied," Meehan said. The FAA will hold public meetings, starting in April. "That's when the painful part really begins," Timm said. Z:\Council Packets\2006\R3-2-06\Agenda 3-2-06.doc Last printed 2/24/2006 11:52 AM Page 1 of 3 *5.) CONSIDERATION of CANCELLING the public hearing for a proposed special use permit for an outdoor yard area and overnight boarding at “Doggie Inn”, to be located at 16750 E. Palisades Boulevard. The applicant has withdrawn her application. Case #SU2005-10. REGULAR AGENDA 6.) CONSIDERATION of a CUT AND FILL WAIVER for the Hasher Residence located at 9841 N. Jagged Circle (Parcel 3B, Lot 15, Eagle Mountain). Case #CFW2005-04. 7.) DISCUSSION regarding proposed CHANGES by the Federal Aviation Administration (FAA) to flight height of commercial aircraft over Fountain Hills, with possible direction to staff. 8.) 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 9.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 10.) ADJOURNMENT. DATED this 24th day of February, 2006. 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.