HomeMy WebLinkAbout6-1-06 packetDocument in 6-1-06 packet.obd 5/26/2006
NOTICE OF SPECIAL SESSION OF THE
DISTRICT BOARD OF THE EAGLE MOUNTAIN
COMMUNITY FACILITIES DISTRICT
WHEN: THURSDAY, June 1, 2006
TIME: 6:15 P.M.
WHERE: FOUNTAIN HILLS TOWN HALL
COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS
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. followed by
the District Board meeting of the Community Maintenance District and immediately thereafter the Special and
Regular Sessions of the Fountain Hills Town Council will begin 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 properly 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 May 18, 2006.
4.) PUBLIC HEARING regarding the estimates of expenses and tax levies and approving the
tentative budget as the FINAL BUDGET of the District for the Fiscal Year beginning July 1, 2006, and
ending June 30, 2007.
5.) CONSIDERATION of RESOLUTION EMCFD 2006-02, approving the tentative budget as the FINAL
BUDGET of the District for the Fiscal Year beginning July 1, 2006, and ending June 30, 2007.
6.) ADJOURNMENT.
DATED this 26th day of May 2006.
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.
652255.1
RESOLUTION EMCFD NO. 2006-02
RESOLUTION OF THE CHAIRMAN AND BOARD OF THE EAGLE
MOUNTAIN COMMUNITY FACILITIES DISTRICT, APPROVING THE
FINAL BUDGET OF THE DISTRICT FOR THE FISCAL YEAR
BEGINNING JULY 1, 2006 AND ENDING JUNE 30, 2007.
BE IT RESOLVED by the Chairman and Board of the Eagle Mountain Community
Facilities District, (Town of Fountain Hills), Arizona, as follows:
SECTION 1. That the statements and schedules contained herein are hereby approved
for the purpose as hereinafter set forth as the final budget for the Eagle Mountain Community
Facilities District (the “District”) for the fiscal year 2006-07. The statements and estimates of
the operation and maintenance expenses of the District (collectively, the “District
Expenditures”), which are to be paid from ad valorem taxes collected in the District, are hereby
filed with the District Clerk.
PASSED AND ADOPTED by the Chairman and Board of the Eagle Mountain
Community Facilities District, Maricopa County, Arizona, on June 1, 2006.
W. J. Nichols, District Chairman
ATTEST:
Bevelyn J. Bender, District Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, District Counsel
Document in 6-1-06 packet.obd 5/26/2006
NOTICE OF SPECIAL SESSION
OF THE DISTRICT BOARD OF THE
COTTONWOODS MAINTENANCE DISTRICT
WHEN: THURSDAY, JUNE 1, 2006
TIME: IMMEDIATELY FOLLOWING THE
EAGLE MOUNTAIN COMMUNITY
FACILITIES DISTRICT BOARD MEETING AND PRIOR TO
THE SPECIAL AND REGULAR MEETINGS OF THE
FOUNTAIN HILLS TOWN COUNCIL
WHERE: FOUNTAIN HILLS TOWN HALL
COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS
Pursuant to A.R.S. 38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwood
Maintenance District and to the general public that the District Board of the Cottonwood Maintenance District will
hold a Special Session open to the public beginning immediately after the District Board meeting of the Eagle
Mountain Facilities District and prior to the Special and Regular Sessions of the Fountain Hills Town Council 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 properly 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 May 18, 2006.
4.) PUBLIC HEARING regarding the estimates of expenses and assessments and approving the tentative
budget as the FINAL BUDGET of the District for the Fiscal Year beginning July 1, 2006, and ending June
30, 2007.
5.) CONSIDERATION of RESOLUTION CMD2006-02, approving the tentative budget as the FINAL
BUDGET of the District for the Fiscal Year beginning July 1, 2006, and ending June 30, 2007.
6.) ADJOURNMENT.
DATED this 26th day of May 2006.
By:
Bevelyn J. Bender, District Clerk
The Cottonwood 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.
652261.1
RESOLUTION CMD NO. 2006-02
RESOLUTION OF THE COTTONWOODS MAINTENANCE DISTRICT
BOARD, MARICOPA COUNTY, ARIZONA, APPROVING THE FINAL
BUDGET OF THE DISTRICT FOR THE FISCAL YEAR BEGINNING
JULY 1, 2006 AND ENDING JUNE 30, 2007.
BE IT RESOLVED by the Board of Directors of the Cottonwoods Maintenance District,
Maricopa County, Arizona, as follows:
SECTION 1. That the statements and schedules attached as Exhibit A, incorporated
herein by this reference, are hereby approved for the purpose as hereinafter set forth as the final
budget for the Cottonwoods Maintenance District, Maricopa County, Arizona, (the “District”)
for the fiscal year 2006-07. The statements and estimates of the operation and maintenance
expenses of the District, the costs of capital improvements and other expenditures for public
infrastructure of the District are hereby filed with the District Clerk.
PASSED AND ADOPTED by the Board of Directors of the Cottonwoods Maintenance
District, Maricopa County, Arizona, on June 1, 2006.
W. J. Nichols, District Chairman
ATTEST:
Bevelyn J. Bender, District Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, District Counsel
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NOTICE OF
SPECIAL SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilmember Mike Archambault Councilmember Henry Leger
Councilmember Ginny Dickey Councilmember Keith McMahan
Vice Mayor Ed Kehe Councilmember Jay Schlum
TIME: 6:30 P.M. - SPECIAL SESSION to be followed immediately by the REGULAR
SESSION
WHEN: THURSDAY, JUNE 1, 2006
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
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.
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Page 2 of 2
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Beth Hagivot Board Member Fred Widom
• OATH OF OFFICE administered to Mayor Wally Nichols, Councilmembers
Mike Archambault, Ginny Dickey, and Henry Leger
• ROLL CALL – Mayor Nichols
• MAYOR’S REPORT –
(i) Rotation of the Vice Mayor position to Councilmember Kehe. Pursuant to
Section 2-2-2 of the Fountain Hills Town Code, each member of the Council,
except the Mayor, shall serve an eight-month term as Vice Mayor.
(ii) The Mayor will read a proclamation congratulating and recognizing the
Fountain Hills High School Class of 2006.
ACTION ITEMS
1. CONSIDERATION of RESOLUTION 2006-29, repealing Resolution 2005-34 and
establishing that the pay ranges for employees of the Town of Fountain Hills shall be adopted
as part of the Town’s annual budget.
2. PUBLIC HEARING regarding the estimates of expenses and tax levies and adopting the
tentative budget as the FINAL BUDGET for the 2006-07 fiscal year budget for the Town of
Fountain Hills.
3. CONSIDERATION of RESOLUTION 2006-19, adopting the tentative budget as the FINAL
BUDGET for the 2006-07 fiscal year budget for the Town of Fountain Hills.
4. ADJOURNMENT of the Special Session.
DATED this 26th day of May 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
PROCLAMATION
Whereas, the students of the Fountain Hills High School Class of 2006 worked
very conscientiously to meet all of the requirements necessary to graduate,
And Whereas, the graduation ceremony is scheduled to occur on May 26,
2006,
And Whereas, the citizens of Fountain Hills wish to congratulate the Class of
2006 on this great accomplishment,
Now, therefore, I, Wally Nichols, Mayor of the Town of Fountain Hills,
hereby proclaim the pride of the Town of Fountain Hills and officially recognize
the significant achievement of each member of the Fountain Hills High School
Class of 2006.
IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed
the official seal of the Town of Fountain Hills, Maricopa County, Arizona this
23rd day of May, 2006.
_______________________________________
Wallace J. Nichols, Mayor
_______________________________________
Bevelyn J. Bender, Town Clerk
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 6/01/06
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 Finance
Regular Agenda Wording: CONSIDERATION of RESOLUTION 2006-29, repealing Resolution
2005-34 and establishing that the pay ranges for employees of the Town of Fountain Hills shall be
adopted as part of the Town’s annual budget.
Staff Recommendation: Approve Fiscal Impact: Yes $16,000
Purpose of Item and Background Information: The current Pay Plan was approved in June, 2005. The Town
of Fountain Hills does not grant cost of living increases; therefore, it is important the Pay Play be reviewed and
updated on a regular basis to remain competitive in the market. This year staff is requesting that the Council
change the procedure to allow adoption of the pay plan during the budget process rather than by separate
resolution.
List All Attachments as Follows: Memo from Joan McIntosh (HR) and Resolution 2006-29
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
OFFICE OF HUMAN RESOURCES
INTER OFFICE MEMO
TO: Honorable Mayor Nichols and
Council Members
DT: April 28, 2006
THROUGH: Tim Pickering, Town Manager
FR: Joan McIntosh, Human Resources
RE: 2006-07 Pay Plan
A draft of the 2006-07 Pay Plan is attached for your review.
Resources used to arrive at the proposed salary ranges were:
1. 2006 League of Arizona Cities and Towns Salary and Benefit Survey
2. 2006 Custom Salary Survey conducted by Public Sector Personnel Consultants for the City of
Casa Grande (report includes survey data from 17 participating cities and private employers).
3. Municipality websites that include job descriptions and salary ranges.
4. JIMS (Job Information Management System) website.
5. Many phone calls to municipalities clarifying information to ensure accuracy of comparisons.
For the most part, positions within the Town of Fountain Hills are compared to towns and cities of
similar population size. Hard to recruit positions such as building inspectors and engineers are also
compared with the immediately surrounding larger cities such as Scottsdale, Phoenix, Mesa, Tempe and
Gilbert, and adjusted accordingly. The average percentage of increase in salary ranges is 3.8%.
Once the salary ranges are determined for each position, the percentage from minimum to maximum of
each salary range is computed with a 42% range spread. This is consistent with the last two years.
The following positions are reclassified to better reflect responsibilities:
Receptionist (Title changed to Customer Service Representative)
Home Delivered Meals Administrator
The Senior Services positions did not exist in the 2005-06 Pay Plan, but were added positions in August,
2005.
There are twenty (20) employees that are currently below the proposed minimum for their positions and
they will be adjusted up to the new minimum. The fiscal impact of doing so will be $16,000.
There are no salary ranges that have been lowered for fiscal year 2006-07.
I will be happy to answer any questions you might have regarding this Pay Plan.
JMcintosh\E:\payplanmemotocouncil2006\04/28/06
651929.2
RESOLUTION NO. 2006-29
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, REPEALING RESOLUTION NO. 2005-34
AND ESTABLISHING THAT THE PAY RANGES FOR EMPLOYEES OF
THE TOWN OF FOUNTAIN HILLS SHALL BE ADOPTED AS PART OF
THE TOWN’S BUDGET.
WHEREAS, the Mayor and Council of the Town of Fountain (the “Town Council”)
adopted Resolution No. 2005-34 on June 2, 2005, setting pay ranges for the employees of the
Town of Fountain Hills (the “Town”); and
WHEREAS, the Town Council desires to (i) repeal Resolution 2005-34 and (ii) amend
and update job descriptions and pay ranges for the Town’s employees as part of its annual budget
approval, and that the rates of pay set forth in each year’s annual budget approval shall supersede
any previous salary ranges for said employees in various classes or positions.
NOW, THEREFORE, BE IT RESOLVED BY MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That Resolution No. 2005-34 is hereby repealed.
SECTION 2. That the job descriptions and pay ranges for the Town’s employees shall be
as set forth in the Town’s annual budget.
SECTION 3. That the rates of pay set forth in each year’s annual budget approval shall
supersede any pervious salary ranges for said employees in various classes or positions.
SECTION 4. That the Town Manager is hereby authorized to place the salary of each
employee at a rate of pay within the salary range for the position title to which said employee is
assigned. The rates of pay so established for various employees shall be effective at the time of
such employee’s annual review.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
June 1, 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
RESOLUTION NO. 2006-19
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ADOPTING THE TENTATIVE BUDGET AS
THE 2006-2007 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 18, 2006, 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 18, 2006, 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 June 1, 2006, at the Fountain Hills
Town Council Chambers 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, 2006 through June 30, 2007.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
June 1, 2006.
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
652043.1
EXHIBIT A
TO
RESOLUTION NO. 2006-19
652043.1
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NOTICE OF
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilmember Mike Archambault Councilmember Henry Leger
Councilmember Ginny Dickey Councilmember Keith McMahan
Vice Mayor Ed Kehe Councilmember Jay Schlum
TIME: REGULAR SESSION to immediately follow the SPECIAL SESSION
WHEN: THURSDAY, JUNE 1, 2006
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
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.
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Page 2 of 3
• CALL THE REGULAR SESSION TO ORDER – Mayor Nichols
• ROLL CALL – Mayor Nichols
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 properly 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 May 9 and May 18, 2006
*2. CONSIDERATION of CANCELLING the Thursday, July 6 and Thursday, July
20, Council meetings.
*3. CONSIDERATION of ratifying the Town Manager’s contract.
*4. CONSIDERATION of RESOLUTION 2006-33, amending the Maricopa County
Sheriff’s CONTRACT to add two deputies.
*5. CONSIDERATION of entering into an AGREEMENT with Southwest Slurry
for street maintenance.
ACTION AGENDA
6.) PUBLIC HEARING of a SPECIAL USE PERMIT to allow "Pita House"
restaurant to sell alcoholic beverages during meals within the C-1 Zoning District,
located at 14835 E. Shea Boulevard, aka Fry's Plaza. Case Number SU2006-05.
7.) CONSIDERATION of a SPECIAL USE PERMIT to allow "Pita House"
restaurant to sell alcoholic beverages during meals within the C-1 Zoning District,
located at 14835 E. Shea Boulevard, aka Fry's Plaza. Case Number SU2006-05.
8.) CONSIDERATION of a LIQUOR LICENSE APPLICATION for Elvis
Kelechian (Pita House) located at 14835 E. Shea Boulevard, aka Fry’s Plaza. This
request is for a series 12 restaurant license.
9.) PUBLIC HEARING on ORDINANCE 06-10, for a Zoning Ordinance text
amendment to revise Section 5.16 pertaining to recurring carnivals, revivals,
rodeos, swap meets, outdoor retail sales and similar activities. Case #Z2006-01.
10.) CONSIDERATION of ORDINANCE 06-10, for a Zoning Ordinance text
amendment to revise Section 5.16 pertaining to recurring carnivals, revivals,
rodeos, swap meets, outdoor retail sales and similar activities. Case #Z2006-01.
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Page 2 of 3
11.) DISCUSSION WITH POSSIBLE DIRECTION to staff regarding an
amendment to the Town Ordinance, which would regulate the salvaging of
saguaro cactus in the path of development on private property.
12.) 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
13.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
14.) ADJOURNMENT.
DATED this 26th day of May 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: June 1, 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 May 9 and 18, 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:
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 1, 2006
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: Cancel July Town Council Meetings
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 July 6 and July 20, 2006 Council
meetings.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Council will not have a full quorum on either of the above
dates and it is therefore necessary to cancel the Council meetings.
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 Date: 6/1/05
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 ratifying the Town Manager’s contract.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: The current Town Manager’s contract requires that it be
renewed every 1st meeting of June in even numbered years. The Council is being requested to renew the contract.
No changes have been made or requested.
List All Attachments as Follows:
Type(s) of Presentation: Verbal
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: 6/1/06
Submitting Department: MCSO Contact Person: D'Amico
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Sp. 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 Econ. Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development Finance
Regular Agenda Wording: CONSIDERATION of RESOLUTION 2006-33, amending the
Maricopa County Sheriff’s contract.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: To amend the Agreement to increase the level
of service provision to 3.8 beats effective July 1, 2006 or as soon as the two new deputy positions
can be made available; and to allow for the one-time purchase of related patrol equipment,
including one fully equipped patrol vehicle (SUV).
List All Attachments as Follows: Copy of Contract Amendment.
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. 2006-33
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, APPROVING AN AMENDMENT
TO THE INTERGOVERNMENTAL AGREEMENT WITH MARICOPA
COUNTY FOR LAW ENFORCEMENT SERVICES FOR FISCAL
YEARS 2004-07.
WHEREAS, the Town of Fountain Hills (the “Town”) and Maricopa County (the
“County”) entered into an Agreement for Law Enforcement Services (the “Agreement”),
executed June 2, 2004 and recorded June 14, 2004 at No. 2004-0670709, Records of
Maricopa County, Arizona; and
WHEREAS, the Town and the County desire to amend the Agreement to
increase the level of service provision to 3.8 beats effective July 1, 2006, or as soon
thereafter as (i) the two new deputy positions can be made available and (ii) the related
patrol equipment, including one fully equipped patrol vehicle, can be acquired.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND
COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Amendment to the Intergovernmental Agreement between
the Town of Fountain Hills and Maricopa County for law enforcement services for fiscal
years 2004-07 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 take all steps necessary to cause the
execution and recordation of the Agreement.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills, June 1, 2006.
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
EXHIBIT A
TO
RESOLUTION 2006-33
[Amendment to Intergovernmental Agreement]
See following pages.
AMENDMENT TO THE
AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE
TOWN FOUNTAIN HILLS
AND
MARICOPA COUNTY
June 7, 2006
C-50-05-002-02-01
652237.1
AMENDMENT TO AGREEMENT BETWEEN
THE TOWN OF FOUNTAIN HILLS AND
MARICOPA COUNTY
This Amendment to the Agreement between the Town of Fountain Hills and Maricopa County
shall be effective upon approval of the Council of the Town of Fountain Hills, the Maricopa
County Board of Supervisors, and filing with the Maricopa County Recorder.
RECITALS
A. The Town of Fountain Hills (the “Town”) and Maricopa County (the “County”) entered
into an Agreement for Law Enforcement Services (the “initial” Agreement”), executed
June 2, 2004 and recorded June 14, 2004 at No. 2004-0670709, Records of Maricopa
County, Arizona.
B. The Town and the County desire to amend the Agreement to increase the level of service
provision to 3.8 beats effective July 1, 2006 or as soon thereafter as the two new deputy
positions can be made available; and to allow for the one-time purchase of related patrol
equipment, including one fully equipped patrol vehicle (SUV).
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing and the covenants and conditions set
forth below, the Town and the County hereby agree as follows:
The Sheriff’s Office shall increase its level of service to the Town of Fountain Hills to
3.8 beats, per Exhibit A., attached, beginning July 1, 2006 or as soon as two new deputy
positions are available for assignment.
The Town shall pay the amount for increased service per Exhibit A., attached, in monthly
installments, according to Section 18. (b) of the “initial” Agreement. This increase shall
be effective July 1, 2006 or, as soon thereafter when two additional deputies are assigned
for duty to this post.
The Town shall reimburse the Sheriff’s Office in a lump sum for one-time purchases to
include one fully equipped patrol SUV, and patrol deputy equipment costs per the
estimate provided in Exhibit B, attached.
652237.1
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY BOARD OF SUPERVISORS TOWN OF FOUNTAIN HILLS
BY:______________________________________ BY:________________________________
Don Stapley Mayor
Chairman, Board of Supervisors
DATE: _________________ DATE: __________________
ATTEST: ATTEST:
__________________________________________ ___________________________________
Clerk of the Board Town Clerk
DATE: _________________ DATE: __________________
MARICOPA COUNTY SHERIFF’S OFFICE
BY:_______________________________________
Joseph M. Arpaio, Sheriff
DATE: __________________
In accordance with A.R.S. §11.952 this contract has been reviewed by the undersigned who have
determined that this contract is in appropriate form and within the powers and authority granted to each
respective public body.
ANDREW P. THOMAS, Maricopa County Attorney Town of Fountain Hills
BY:______________________________________ BY:________________________
Deputy County Attorney Town Attorney
652237.1
Exhibit A.
Total Number of Patrol Beats to be Provided 3.80
Personnel Services
Number of Average Average w/ var. Annual Total Fixed Annualized
Classifications Personnel Hourly Rate Fringe Costs Hours Fringe Costs Costs
Patrol Deputies 19.00 $21.35 $26.95 2080 $133,247.00 $1,198,311
Detectives 3.03 $21.35 $26.95 2080 $21,249.39 $191,099
Sergeants 2.22 $31.10 $39.26 2080 $15,568.86 $196,856
Lieutenants 1.11 $46.02 $58.10 2080 $7,784.43 $141,926
Clerical 0.63 $10.54 $13.31 2080 $4,418.19 $21,860
High School SRO 1.00 $23.70 $29.92 2080 $7,013.00 $69,247
Transportation Deputy 0.63 $21.35 $26.95 2080 $4,418.19 $39,733
Total Staff Costs $1,859,031
Variable Fringe Costs 26.24%
Fixed Fringe Costs (per employee) $7,013
Manpower Allocation Factor FTE Staffing Requirements
24 hour / 7 day post 5.00 FTE Employees 0.67 Detectives 1 Beat
8 hour / 7 day post 1.67 FTE Employees 1.00 Sergeant for 9 Deputies
8 hour / 5 day post 1.19 FTE Employees 1.00 Lieutenant for 18 Deputies
0.14 Clerical for 1 Beat
0.14 Transport Deputy 1 Beat
Special Pay FTE's Per FTE Cost Total Special Pay Costs
Overtime/Shift Differential 27.62 $2,580.82 $71,282
Total Personnel Services $1,930,313
Supplies, Services, and Rent
Supplies Based on average supply use derived by dividing costs for supplies by number of
employees in the Districts. The average is then multiplied by the number of FTE's.
Uniform Allowance $600 per Deputy
Cost for Supplies $24,554
Total Employees 25
Average per Employee $982
Total FTE's 27.62
Supply Cost $27,123
Uniform Allowance $16,194
Total Supply Costs $43,317
Vehicle and Equipment Based on full mileage rate, depreciation of vehicle, and depreciation of equipment
multiplied by number of estimated miles.
Vehicle Cost with Warranty 33,124$ Vehicle life 100,000 miles.
Equipment Costs 6,740$ Equipment life 200,000 miles.
Crown Vic patrol vechcles Per Mile Estimated Annualized
Rate Annual Miles Costs
Mileage Rate $0.264 126,932 $33,510 175,367 miles reported
Vehicle Depreciation $0.331 126,932 $42,014
Equipment Depreciation $0.034 126,932 $4,316
Patrol SUV Cost with Warranty 39,321$ Vehicle life 125,000 miles.
Equipment Costs 6,740$ Equipment life 200,000 miles.
SUV patrol vehicles Per Mile Estimated Annualized
Rate Annual Miles Costs
Mileage Rate $0.259 63,467 $16,438
Vehicle Depreciation $0.315 63,467 $19,992
Equipment Depreciation $0.034 63,467 $2,158
Total Vehicle and Equipment Costs $118,428
Communications Based on the per Deputy cost for radio service derived by dividing the users into the
Communications budget.
Total Users of the System Budget Per Deputy Cost Sworn FTE's
3,563 $6,647,582 $1,866 26.99
Total Communications Costs $50,363
Total Supplies, Services, and Rent $212,108
Total Contract Costs $2,142,421
Revised May 04, 2006
Law Enforcement Contract Proposal Worksheet
FY 2006/2007
Fountain Hills
Maricopa County Sheriff's Office
652237.1
Exhibit B.
Unit Total
Units Cost Cost
Tasers w/accessories 2 1,200$ 2,400$
Ruggedized Laptop Computers 2 4,525$ 9,050$
Deputy Mobile Radios 2 4,717$ 9,434$
SUV Patrol Vehicle 1 46,000$ 46,000$
Total Estimated* One-Time Costs 66,884$
Billing will be based on actual Amount
Fountain Hills
Maricopa County Sheriff's Office
Law Enforcement Contract One-Time Costs
Document in 6-1-06 packet.obd
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 6/1/06
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 entering into an AGREEMENT with Southwest Slurry
Seal for street maintenance.
Staff Recommendation: Approve Fiscal Impact: Yes $1,245,663
Purpose of Item and Background Information: After a competitive bidding process, the City of
Chandler entered into a contract with Southwest Slurry Seal to provide asphalt emulsion slurry seal and
Microsurfacing. Under State Law, the town is permitted to purchase slurry seal under the Chandler
contract without further public bidding. By utilizing the Chandler contract, there would be a significant
savings to the Town if approved.
List All Attachments as Follows: Staff memo, Purchase Agreement, City of Chandler Contract, and
Project Map
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 1, 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:
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 a Liquor License APPLICATION for Elvis Kelechian (Pita
House) located at 14835 E. Shea Boulevard, aka Fry’s Plaza. This request is for a series 12 restaurant license.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information:
As this restaurant is physically located in a C-1 zoning district, it was necessary for the applicant to first obtain a
Special Use Permit through Council action to allow for the sale of alcoholic beverages at this location. Staff
recommends approval of Mr. Kelechian’s liquor license application to the Arizona Department of Liquor
contingent upon Council’s approval of the Special Use Permit.
The various departmental recommendations have been provided. Please refer to Planning and Zoning’s revised
recommendation provided in the previous agenda item as the Planning and Zoning Department’s attached
recommendation indicates denial until such time as a Special Use Permit is granted by the Town Council.
List All Attachments as Follows: Liquor License application front page, departmental recommendations
Type(s) of Presentation: Included with Special Use Permit presentation.
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: 06/01/06
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: PUBLIC HEARING on ORDINANCE 06-10, for a Zoning Ordinance Text
Amendment to revise Section 5.16 pertaining to recurring carnivals, revivals, rodeos, swap meets, outdoor
retail sales and similar activities. Case #Z2006-01.
CONSIDERATION of ORDINANCE 06-10, a Zoning Ordinance Text Amendment to revise Section
5.16 pertaining to recurring carnivals, revivals, rodeos, swap meets, outdoor retail sales and similar
activities. Case #Z2006-01.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Chapter 5 of the Zoning Ordinance Article 5.16.B
provides the regulations for temporary recurring carnivals, revivals, rodeos, swap meets, outdoor retail
sales and similar activities. This amendment would require that all recuring events go before Town
Council rather after four events as the Ordinance currently states.
List All Attachments as Follows: Staff Report Memorandum, Planning and Zoning Commission
Meeting Minutes from 04/13/2006, Ordinance 06-10.
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
MAYOR AND TOWN COUNCIL
STAFF REPORT
TO: Mayor and Town Council
DATE: June 1, 2006
FR: Kate Zanon, Planner
THR: Richard A. Turner, AICP,
Planning & Zoning Administrator
RE: Outdoor Sales/Farmers Market
Zoning Ordinance Amendment.
Ordinance 06-10
SUMMARY:
This text amendment shall require that all recurring temporary use permits for outdoor retail sales
and similar uses such as swap meets and farmers markets receive Town Council approval. Staff
has prepared the revisions; the Planning and Zoning Commission initiated the Ordinance
amendment at the February 23, 2006 meeting and made a recommendation to approve the
revisions at the April 13, 2006 meeting (see the attached meeting minutes).
PROPOSED ZONING ORDINANCE REVISIONS:
The Ordinance shall remain the same up to section 5.16.B.4. These first few sections are included
so that you can see the current language. All additions to the Ordinance are in caps and all
deletions have a single strike through them.
5.16 Temporary Carnivals, Circuses, Revivals, Rodeos, Swap Meets, Outdoor Retail Sales and
Similar Activities.
A. Applicability. The provisions of this Section do not apply to garage sales or rummage
sales. All other temporary carnivals, circuses, revivals, rodeos, swap meets, outdoor
sales, and similar activities may be permitted only in OSR, Commercial and Industrial
Zone Districts subject to the restrictions of Subsection B of this Section.
B. Temporary Use Permit. A temporary use permit shall be obtained from the
Zoning Administrator in accordance with the following:
1. The Zoning Administrator shall ensure that health and safety are
considered, and shall obtain the approval of the Maricopa County Health
Department, the Fire Department, and the Town Marshal's Office prior to
issuing the temporary use permit.
2. The Zoning Administrator shall ensure that land area is adequate for the
proposed use and consequent parking, and shall ensure that traffic safety is
considered.
a. Submit a site plan, to scale, showing the proposed locations of
temporary structures and activities and identify the available parking
areas.
b. All parking areas must be paved or have an approved method of dust
control from the Town Engineer.
c. If the proposed temporary use location is within an existing parking
area the number of parking spaces shall not be reduced more than ten
percent of the total spaces existing unless otherwise approved by
Council.
3. The Zoning Administrator shall require any measures necessary to protect
surrounding property.
4. A time limit shall be established for each use conducted under the temporary
use permit. Unless otherwise approved by the Town Council, the time limit
shall not exceed seven (7) consecutive days, nor shall there be more than
ONE (1) four (4) temporary use permits issued for the same use during any
calendar year. The Town Council may grant permission for the same use to
be held more than ONE (1) four (4) times during a calendar year.*23 Outdoor
retail sales and similar uses such as SWAP MEETS AND farmers markets,
may be permitted under a single temporary use permit subject to the
following:
a. The recurring event shall not exceed a maximum of fifty (50) days
during a calendar year.
b. The event permitted under the temporary use permit shall recur within
thirty (30) days of the prior event held under such permit; if the
period of recurrence is greater than thirty (30) days, a separate
temporary use permit shall be obtained for each occurrence.
c. THE TOWN COUNCIL SHALL APPROVE ALL TEMPORARY
USE PERMITS FOR OUTDOOR RETAIL SALES OCCURING
MORE THAN ONCE (1) IN A CLAENDER YEAR.
5. Permanent structures shall not be permitted under a temporary use permit.
EVALUATION:
The amendments outlined above would maintain all the existing regulations that govern use
permits for temporary carnivals, circuses, revivals, rodeos, swap meets, outdoor retail sales and
similar activities. The only change to the ordinance would be to provide Town Council with
approval responsibility for recurring outdoor retail sales and similar activities occurring within the
Town of Fountain Hills more than once in a calendar year. Staff, is recommending this ordinance
change only effect recurring events so as not to clutter the Council Agenda with all small one time
events in the Town. Any single events for which Staff receives a protest would still require Town
Council approval before the event could take place.
RECOMMENDATION:
Staff recommends approval of this Zoning Ordinance amendment, which would require all
recurring temporary use permits for outdoor retail sales and similar uses such as swap meets and
farmers markets receive Town Council approval.
TOWN OF FOUNTAIN HILLS
MINUTES OF REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
APRIL 13, 2006
Chairman Brown recessed the Workstudy Session at 6:15 p.m. and opened the regular meeting of the
Planning and Zoning Commission at 6:30 p.m., followed by the Pledge of Allegiance and a moment of
silence.
Present for roll call were the following members of the Fountain Hills Planning and Zoning Commission:
Chairman Brown, Commissioner Downes, Commissioner Forest, Commissioner McDonald,
Commissioner Kasabuski, and Commissioner Ewald. Mark Reddie, LVA Urban Design Studios, LLC;
Planning and Zoning Administrator Richard A.G. Turner, A.I.C.P.; Senior Planner Robert Rodgers;
Planner Kate Zanon; Planning Assistant and Recorder of the Minutes, Janice Baxter were also present.
Vice-Chairman Jerry Caldwell was excused from the meeting because of illness.
------------------------------------------------------------------------------------------------------------------------
AGENDA ITEM #9 - PUBLIC HEARING for a ZONING ORDINANCE TEXT
AMENDMENT, to revise Ordinance 5.16, pertaining to recurring carnivals, revivals, rodeos,
swap meets, outdoor retail, sales and similar activities. Case Number Z2006-01. Ordinance 06-
10.
Public hearing opened at 7:24 p.m.
Kate Zanon, Planner, gave the presentation and included a PowerPoint Presentation. Staff recommended
approval.
Public hearing closed at 7:28 p.m.
AGENDA ITEM #10 - CONSIDERATION of a ZONING ORDINANCE TEXT
AMENDMENT, to revise Ordinance 5.16 pertaining to recurring carnivals, revivals, rodeos,
swap meets, outdoor retail sales and similar activities. Case number Z2006-01. Ordinance 06-
10.
Commissioner Downes MOVED to recommend to Town Council the approval of case number Z2006-01.
Commissioner McDonald SECONDED the MOTION. A voice vote was taken with the following results:
Chairman Brown aye
Commissioner Downes aye
Commissioner Forest aye
Commissioner Ewald aye
Commissioner Kasabuski aye
Commissioner McDonald aye
Commissioner Caldwell Absent
The motion CARRIED 6-0.
ORDINANCE NO. 06-10
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 5, GENERAL PROVISIONS, SECTION 5.16, TEMPORARY CARNIVALS, CIRCUSES, REVIVALS, RODEOS, SWAP MEETS, OUTDOOR RETAIL SALES AND SIMILAR
ACTIVITIES, RELATING TO OUTDOOR RETAIL SALES.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Fountain Hills Planning and Zoning Ordinance, Chapter 5,
General Provisions, Section 5.16, Temporary Carnivals, Circuses, Revivals, Rodeos, Swap
Meets, Outdoor Retail Sales and Similar Activities, is hereby amended as follows:
. . .
B. Temporary Use Permit. A temporary use permit shall be obtained from the
Zoning Administrator in accordance with the following:
. . .
4. A time limit shall be established for each use conducted under the temporary
use permit. Unless otherwise approved by the Town Council, the time limit
shall not exceed seven (7) consecutive days, nor shall there be more than ONE (1) four (4) temporary use permits issued for the same use during any calendar year. The Town Council may grant permission for the same use to
be held more than ONE (1) four (4) times during a calendar year. Outdoor
retail sales and similar uses such as SWAP MEETS AND farmers markets,
may be permitted under a single temporary use permit subject to the following:
. . .
c. THE TOWN COUNCIL SHALL APPROVE ALL TEMPORARY USE
PERMITS FOR OUTDOOR RETAIL SALES RECURRING MORE THAN ONCE (1) IN A CALENDAR YEAR.
SECTION 2. That if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
637153.1
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, June 1, 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
637153.1 2
11.) DISCUSSION WITH POSSIBLE DIRECTION to staff regarding an amendment to the Town Ordinance, which would regulate the salvaging of saguaro cactus in the path of development on private property.
12.) 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
13.) SUMMARY OF COUNCIL REQUESTS by Town Manager.
14.) ADJOURNMENT.
DATED this 26th day of May 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.
Z:\Council Packets\2006\R6-1-06\6-1-06 Regular Agenda.doc Last printed 5/26/2006 11:36 AM
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