HomeMy WebLinkAbout9-7-06 agenda packet
Document in 9-7-06 packet Last printed 9/1/2006 11:49 AM
NOTICE OF EXECUTIVE AND
REGULAR SESSIONS 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
TIMES: 4:30 P.M. to 5:00 P.M. - EXECUTIVE SESSION
THE EXECUTIVE SESSION WILL RESUME IMMEDIATELY AFTER THE
WORK-STUDY ADJOURNS
(Executive Session will be held in 2nd floor – Fountain Conference Room)
5 – 7:00 P.M. - WORK-STUDY SESSION – OPEN TO THE PUBLIC
WHEN: TUESDAY, SEPTEMBER 12, 2006
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) 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 meeting. 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, to conduct
interviews of qualified candidates who applied for vacancies on the Planning and Zoning
Commission.)
2. RETURN TO WORK-STUDY SESSION
• ROLL CALL – Mayor Nichols
REGULAR AGENDA
1.) DISCUSSION of the low water landscaping (residential and commercial) ordinance and the saguaro
cactus preservation ordinance.
2.) ADJOURNMENT OF THE WORK-STUDY SESSION.
DATED this 1st day of September 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.
NOTICE OF EXECUTIVE AND
REGULAR SESSIONS 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: 5:00 P.M. to 6:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in 2nd floor – Fountain Conference Room)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, SEPTEMBER 7, 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.
Z:\Council Packets\2006\R9-7-06\Agenda 9-7-06.doc Last printed 9/1/2006 1:53 PM
Z:\Council Packets\2006\R9-7-06\Agenda 9-7-06.doc Last printed 9/1/2006 1:53 PM
• 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 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 meeting. 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, the Town Manager’s
annual performance evaluation.); and (ii) Pursuant to A.R.S. §38-431-03.A.3 - For
discussion or consultation for legal advice with the attorney or attorneys of the public body.
(Specifically, a taxpayer refund.)
2. RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Pastor Tom Daly, Trinity Lutheran Church
• ROLL CALL – Mayor Nichols
• MAYOR’S REPORT –
i) Mayor Nichols will read a proclamation in remembrance of the September
11, 2001 terrorist attacks.
ii) Mayor Nichols will read a proclamation commending Maricopa County
Deputies Julie White and Mike Lawson and Detectives Tony Rodarte and
Ken Lignoski for their dedication and commitment to the citizens of
Fountain Hills and surrounding communities.
iii) Mayor Nichols will read a proclamation recognizing Fountain Hills
Rural/Metro Firefighters, Captain Bryan Golden, Firefighters Mike
McCarthy, Bill Murphy, Steve Vohs; and Medics Russ Yeskin and Will
Young, for their life saving actions on May 2, 2006, at the Eagle Mountain
Golf Course.
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS -
i) Recognition of a public official by the Arizona Parks and Recreation
Association.
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 August 8
and August 17, 2006.
2.) CONSIDERATION of approving a PRELIMINARY AND FINAL PLAT for the Nissen
Condominiums, a two-unit condominium project located at 12239 N. Chama Drive, aka Plat
206, Block 5, Lot 6. Case#S2006-15.
3.) CONSIDERATION of RESOLUTION 2006-49, abandoning whatever right, title, or interest
the Town has in the certain public utility and drainage easements located at the southerly
property line of Plat 111, Block 7, Lot 11 (16637 E. Ashbrook Drive) as recorded in Book of
150 of Maps, page 12 Records of Maricopa County, Arizona. EA06-10 (Henke)
4.) CONSIDERATION of approving a PURCHASE AGREEMENT with Five Star Ford for one
(1) 4x4 Ford Escape hybrid and one (1) 4x2 Ford Escape hybrid in the total amount of
$58,101.26.
5.) CONSIDERATION of RESOLUTION 2006-39, amending the Wash Management and
Maintenance Policy adopted by Resolution 2001-33, relating to law enforcement duties in
Town-owned washes.
REGULAR AGENDA
6.) CONSIDERATION of ORDINANCE 06-20, amending the Town of Fountain Hills Town
Code, Chapter 11, Offenses, by creating a new Section 11-1-15, Use of Town-Owned
Washes.
7.) CONSIDERATION of DIRECTING STAFF to research parking conditions on the west side of
Hampstead Blvd. from Palisades to Hyde Park.
8.) CONSIDERATION of AWARDING GRANTS on October 19, 2006, not to exceed $50,000 in the
aggregate, appropriated for such purpose in fiscal 2006-2007, community-based non-profit
organizations whose activities contribute to the public good.
9.) SUMMARY of COUNCIL REQUESTS by Town Manager.
10.) ADJOURNMENT.
DATED this 1ST day of September 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\R9-7-06\Agenda 9-7-06.doc Last printed 9/1/2006 1:53 PM
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: September 7, 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 August 8 and August 17, 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:
____________________________ _____________________________________
Town Clerk (or Acting Town Clerk) Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PLANNING AND ZONING
STAFF REPORT
TO: Honorable Mayor and Town Council
MTG DT: September 7, 2006
FR: Gene Slechta, Planning Technician
THR: Richard Turner, A.I.C.P., Planning and
Zoning Administrator
RE: Case # S2006-15; Preliminary and Final
Plat, “Final Plat Nissen Condominiums”
LOCATION: 12239 N. Chama Drive, Units A & B ---- Plat 206, Block 5, Lot 6
REQUEST: Consider the Preliminary and Final Plat for Nissen Condominiums titled “Final
Plat Nissen Condominiums”, a 2-unit condominium project.
DESCRIPTION:
OWNER: Jeffrey L. Nissen
APPLICANT: Jeffrey L. Nissen
EXISTING ZONING: R-2
EXISTING CONDITION: Built
LOT SIZE: 0.256 Acre (11,156 sf)
SURROUNDING LAND USES AND ZONING
NORTH: Vacant; Zoned R-2
SOUTH: Colony Wash
EAST: Single Family; Zoned R-2
WEST: Condominiums; Zoned R-2
SUMMARY:
This request is for approval of the Preliminary and Final Plat for “Final Plat Nissen
Condominiums”, a Declaration of Condominium that subdivides cubic air space and is not a land
sell project. This is a division of an existing building and does not involve any off-site public
improvements.
The owner has applied to convert a two-unit residential complex and record a Declaration of
Condominium in order to sell the units individually. Unit A contains approximately 1,330 sf of
livable area. Unit B contains approximately 1,602 sf of livable area. Each unit also has a garage,
covered entry and a patio. The property meets the requirements of the underlying R-2 Zoning
District with the exception of a short screen wall as explained below.
There exists a six-foot screen wall on the west side of the property, inside the street side setback.
This appears to be a non-conforming structure. The owner must demonstrate that the structure is
legal or take corrective action to make sure the structure meets Town ordinance requirements.
The Planning and Zoning Commission approved the Preliminary Plat, S2006-15 on August 10,
2006 with a stipulation to legalize the screen wall.
RECOMMENDATION:
Staff recommends approval of S2006-15, the Preliminary and Final Plat titled “Final Plat,
Nissen Condominiums”, with the stipulation that prior to the recording of the final plat,
corrective action is taken to make the screen wall conform to the requirements of the Zoning
Ordinance.
Attachments: Application
Case Map
Reduced copy of Plat (2 pages)
Document in 9-7-06 packet
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 9/7/06
Submitting Department: Public Works Contact Person: Randy Harrel
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 2006-49 abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easements located at the
southerly property line of Plat 111, Block 7, Lot 11 (16637 E. Ashbrook Drive) as recorded in
Book 150 of Maps, Page 12 Records of Maricopa County, Arizona. EA06-10 (Henke)
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information:
List All Attachments as Follows: Staff memo, resolution and abandonment exhibit
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager
Document in 9-7-06 packet
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: August 3, 2006
FR: Art Candelaria, Civil Engineer
Randy Harrel, Town Engineer
Reviewed: Tom Ward, Director of Public Works
RE: Easement Abandonment - EA06-10
16637 E. Ashbrook Drive
Plat 111, Block 7, Lot 11
This item on the Town Council's agenda is a proposal to abandon portions of the twenty (20’) foot public
utility and drainage easements located at the southerly property line of Plat 111, Block 7, Lot 11, (16637 E.
Ashbrook Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future
improvements made to the lot will not be infringed upon by the construction of utilities.
All affected utility companies have been notified of this abandonment proposal and have approved
the proposed abandonment of this public utility easement.
The Engineering Department has reviewed the site to ascertain any drainage issues in addition to
the Town's general interest in the easement. It is the professional opinion of the Engineering
Department that there is no need for the Town to retain the drainage easement proposed to be
abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot
drainage runoff. The property owners of Lot 11 are required to pass the developed flows generated
by the upstream lots across their property.
Staff recommends approval of Resolution 2006-49.
Enc: Resolution
Exhibit
C: Friedmar W. Henke
Adjacent Property Owner
Document in 9-7-06 packet
RESOLUTION 2006-49
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 SOUTHERLY
PROPERTY LINE OF PLAT 111, BLOCK 7, LOT 11, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 150 OF MAPS, PAGE 12 RECORDS
OF MARICOPA COUNTY, ARIZONA.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town
Council”), as the governing body of real property located in the Town of Fountain Hills (the
“Town”), may require the dedication of public streets, sewer, water, drainage, and other utility
easements or rights-of-way within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication
of private property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed
abandonment.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, as follows:
SECTION 1. That portions of the certain twenty (20’) foot public utility and drainage
easement, located at the southerly property line of Plat 111, Block 7, Lot 11, Fountain Hills, as
recorded in Book 150 of Maps, Page 12 records of Maricopa County, and as more particularly
described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared
to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage
runoff. The property owner is required to pass the developed flows generated by the upstream lots
across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town
solely for the purpose of removing any potential cloud on the title to said property and that the
Town in no way attempts to affect the rights of any private party to oppose the abandonment or
assert any right resulting there from or existing previous to any action by the Town.
[SIGNATURES ON FOLLOWING PAGE]
Document in 9-7-06 packet
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
September 7, 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
Document in 9-7-06 packet
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 9/7/06
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 approving a purchase agreement with Five Star
Ford for one 4x4 and one 4x2 Ford Escape hybrids in the total amount of $58,101.26.
Staff Recommendation: Approve Fiscal Impact: Yes $58,101.26
Purpose of Item and Background Information: New vehicles are budgeted in the streets and building
safety divisions to replace a 1996 Ford Explorer and a 1998 Chevrolet pickup, respectively. The replaced
vehicles will either be sold at auction or replace other older vehicles, which in turn will then be sold at
auction. The Town previously purchased Escape hybrids and is pleased with their performance and
efficiency. Funding for the purchase of these two vehicles is contained in the FY 2006/2007 budget in the
amount of $59,000.
List All Attachments as Follows: Staff memo, Purchase Agreement, and Five Star Ford quotes. State
Procurement Office contract with Five Star Ford is on file with the Town Clerk’s office for further
review.
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Thomas L. Ward Budget Review
Director of Public Works (if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
INTER OFFICE MEMO
TO: Honorable Mayor and Council
DT: August 28, 2006
FR: FR: John W. Morast, Asst. Public Works
Director
TH: Thomas L. Ward, Director of Public
Works
RE: Purchasing Agreement with
Five Star Ford
After completing a competitive bidding process, the Arizona Department of Procurement entered
into a contract with Five Star Ford for Vehicles – Alternate Fuel & Hybrid. The Town is
permitted to purchase a vehicle under the Arizona Department of Procurement contract without
additional public bidding. By utilizing the Arizona Department of Procurement contract, the
Town receives cost savings based on retail value of the vehicle and on an economy of scale
based on the number of vehicles the dealer is able to sell using the contract.
The Town budgeted for alternate fuel vehicles. The budget amount for the Street Division
vehicle is $30,000 to replace a 1996 Ford Explorer. The budget for the Building and Safety
Division vehicle is $29,000 to replace a 1998 Chevrolet pickup truck. The replaced vehicles will
either be sold at auction or used to replace older vehicles, which will then be sold at auction.
The vehicles will be utilized by the Building Official and the Assistant Public Works Director, as
well as for building and engineering inspections and field visits. The Town will realize a direct
savings in the amount of gas used by the vehicles, due to increased fuel efficiency. The Town
will also realize a reduction of vehicle emissions from the nature of operation by the electric
hybrid motor itself.
Staff recommends approval of the purchase agreement in the amount of $58,101.26.
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: September 7, 2006
Submitting Department: Law Enforcement Contact Person: Kleinheinz
Consent: Regular: Requesting Action: Report Only:
Type of Document Needing Approval (Check all that apply):
Public Hearing Resolution Ordinance
Agreement Emergency Clause Special Event Permit
Special Consideration Intergovernmental Agreement Acceptance
Grant Submission Liquor/Bingo License Application Plat
Special Event Permit Special/Temp Use Permit
Other:
Council Priority (Check Appropriate Areas):
Education Public Fitness Library Services
Public Safety Community Activities Economic Development
Public Works Human Service Needs Parks & Recreation
Town Elections Community Development
Regular Agenda Wording: CONSIDERATION of RESOLUTION 2006-39, amending the wash
management and maintenance policy adopted by Resolution 2001-33, relating to law enforcement
duties in Town-owned washes. (Consent Agenda)
CONSIDERATION of ORDINANCE 06-20, amending the Town of Fountain Hills Town Code,
Chapter 11, Offenses, by creating a new section 11-1-15, Use of Town-Owned Washes. (Regular
Agenda)
Staff Recommendation: Approve Fiscal Impact: Yes $less than $1,500
Purpose of Item and Background Information:
The resolution will regulate the use of washes to coincide with the trespassing ordinance, to establish a method of
controlling the illegal use in washes, and charge those incidents in municipal court.
The approval of the resolution and ordinance will address concerns with regard to transients; broken glass, litter,
trash, and trespassing that currently occur in our washes, which have been of concern in recent months. This will
be a tool utilized by law enforcement to also curb incidences when washes are used by individuals who loiter,
criminally damage underpasses with graffiti and who move within the Town unobserved after curfew. It will
allow those individuals to be cited in our municipal court rather than the County juvenile system.
List All Attachments as Follows: Resolution 2006-39 &Ordinance 06-20
Type(s) of Presentation: Presentation on Ordinance 06-20
Signatures of Submitting Staff:
____________________________ _____________________________________
Captain, MCSO Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
674241.1
RESOLUTION NO. 2006-39
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE WASH MANAGEMENT
AND MAINTENANCE POLICY ADOPTED BY RESOLUTION 2001-33,
RELATING TO LAW ENFORCEMENT DUTIES IN TOWN-OWNED
WASHES.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town
Council”) adopted Resolution 2001-33 on June 21, 2001, approving the Wash Management and
Maintenance Policy (the “Wash Policy”); and
WHEREAS, the Town Council desires to amend the Wash Policy to clarify the law
enforcement responsibilities and duties related thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That Subsection 4-3 of the Wash Policy is hereby amended to read as
follows:
4-3 Wash Observation and Photography:
On-call: Respond to reports of dumping in the wash and report to the Town
Marshals office LAW ENFORCEMENT AGENCY for enforcement and citation.
Arrange for cleanup, if directed.
SECTION 2. That Subsection 6 of the Wash Policy is hereby amended to read as
follows:
6. Ensures swift RESPONSE BY law enforcement response by the Town Marshals
Department to complaints and appropriate criminal prosecution of those dumping,
grading or otherwise utilizing the washes in a prohibited manner, as set forth in
Section 11-1-17 of the Town Code. It further provides for development of public
information programs by the Marshals Department, including development of
neighborhood “Wash Watch” efforts
Dumping, unauthorized grading, or otherwise utilizing the wash in an
unauthorized or prohibited manner is a violation of the Town Code, and can
result in citation by the Town Marshal.
The Town Marshal will disseminate information to the public regarding
respecting the natural environment of the washes.
674241.1
2
SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose
and intent of this Resolution.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, September 7, 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
674245.1
ORDINANCE NO. 06-20
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 11, OFFENSES, BY CREATING A NEW
SECTION 11-1-17, USE OF TOWN-OWNED WASHES.
WHEREAS, the Mayor and Town Council of Fountain Hills (the “Town Council”)
adopted Resolution 2001-33 on June 21, 2001, creating the Town of Fountain Hills Wash
Management and Maintenance Policy (the “Wash Policy”); and
WHEREAS, the Town Council amended the Wash Policy on September 7, 2006, to, inter
alia, amend the provisions therein relating to law enforcement activities within Town-owned
washes; and
WHEREAS, the Town Council desires to amend the Town Code to provide for
regulations relating to use of Town-owned washes and to provide for penalties for violations
thereof consistent with the Wash Policy.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Fountain Hills Town Code, Chapter 11, Offenses, is hereby
amended by adding a new Section 11-1-17, Use of Town-owned Washes, to read as follows:
Section 11-1-17 Use of Town-owned Washes
It is unlawful for any person to enter upon or use any Town-owned wash, as such term is defined
in Section 9-3-2 of this Code, in violation of the following provisions:
A. It shall be unlawful for any person, other than Town personnel conducting Town business
therein, to occupy or be present in Town-owned washes during any hours in which the
washes are not open to the public. Washes are open to the public from dawn to dusk
daily unless otherwise posted by the Town. A violation of this subsection shall constitute
an act of criminal trespass, as defined by Section 11-1-16 of this Code.
B. The following are prohibited in all Town-owned washes:
1. Committing any act in a Town-owned wash that endangers the health and safety
of any person.
2. Using any portion of any Town-owned wash for archery, firearms, sling shots,
rockets, darts, rocks or other projectile devices.
3. Dumping, unauthorized grading, or otherwise utilizing a Town-owned wash or
any materials or vegetation therein, in an unauthorized or prohibited manner.
674245.1
2
4. Creating or maintaining open fires.
5. Overnight camping.
6. Pets, unless on a leash and under the constant control of a person and provided
that any such person controlling a pet shall, at all times in a Town-owned wash (i)
carry the necessary items to properly dispose of animal waste and (ii) immediately
remove any animal waste from the Town-owned wash and dispose of same in a
proper trash receptacle.
7. Skateboards, roller blades, roller skates, bicycles or any (non-motorized) rolling
vehicles, unless used in an area specifically designated for such use by the Town.
8. Driving or riding, at any time, any automobile, truck, motorcycle, motor scooter,
all-terrain vehicle, other motor vehicle, horse or other animal upon the grounds of
any Town-owned wash.
9. Consuming alcoholic beverages, spirituous liquors or malt beverages (beer), as
defined in A.R.S. § 4-101, et seq., as amended.
10. Possessing a glass container, unless specifically authorized by the Town.
11. Throwing, tossing or otherwise propelling any glass object, whether willfully and
maliciously or carelessly and negligently, and causing such glass object to break
in a Town-owned wash.
12. Swimming, wading, bathing, fishing or boating in or on any water located within
a Town-owned wash.
C. The parents or adult persons with whom a juvenile resides shall be financially liable for
consequences of the juvenile’s infraction of this Section and/or any damage such Juvenile
causes on or to Town-owned property.
D. Penalties:
1. A person who violates the provisions of this Section shall, upon conviction
thereof, be guilty of a Class 1 Misdemeanor.
2. A person who violates the provisions of this Section may, upon conviction
thereof, be temporarily or permanently banned from using any Town-owned
wash.
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.
674245.1
3
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, September 7, 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
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: September 7, 2006
Submitting Department: Council Contact Person: Councilmember Dickey
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: Possible direction to staff
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 DIRECTING STAFF to research parking conditions
on the west side of Hampstead Boulevard from Palisades Boulevard to Hyde Park Place.
Staff Recommendation: Fiscal Impact: No $
Purpose of Item and Background Information: This item was placed on the agenda at the request of
Councilmember Dickey. Councilmember Leger and Vice Mayor Kehe supported this action for the purpose of
discussion.
List All Attachments as Follows: None
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Director 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: September 7, 2006
Submitting Department: Council Contact Person: Vice Mayor Kehe
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 AWARDING GRANTS on October 19, 2006, not to
exceed $50,000 in the aggregate, appropriated for such purpose in fiscal 2006-2007, to community-
based non-profit organizations whose activities contribute to the public good.
Staff Recommendation: Fiscal Impact: Yes $50,000
Purpose of Item and Background Information: This item was placed on the agenda at the request of Vice
Mayor Kehe. Councilmembers Dickey and McMahan supported this action.
List All Attachments as Follows: Vice Mayor Kehe’s e-mail dated 9-1-06, the Town Manager’s memo from the
8-8-06 Work-Study, and the outline of the proposed process, public notice and application
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Director Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
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 August 8
and August 17, 2006.
2.) CONSIDERATION of approving a PRELIMINARY AND FINAL PLAT for the Nissen
Condominiums, a two-unit condominium project located at 12239 N. Chama Drive, aka Plat
206, Block 5, Lot 6. Case#S2006-15.
3.) CONSIDERATION of RESOLUTION 2006-49, abandoning whatever right, title, or interest
the Town has in the certain public utility and drainage easements located at the southerly
property line of Plat 111, Block 7, Lot 11 (16637 E. Ashbrook Drive) as recorded in Book of
150 of Maps, page 12 Records of Maricopa County, Arizona. EA06-10 (Henke)
4.) CONSIDERATION of approving a PURCHASE AGREEMENT with Five Star Ford for one
(1) 4x4 Ford Escape hybrid and one (1) 4x2 Ford Escape hybrid in the total amount of
$58,101.26.
5.) CONSIDERATION of RESOLUTION 2006-39, amending the Wash Management and
Maintenance Policy adopted by Resolution 2001-33, relating to law enforcement duties in
Town-owned washes.
REGULAR AGENDA
6.) CONSIDERATION of ORDINANCE 06-20, amending the Town of Fountain Hills Town
Code, Chapter 11, Offenses, by creating a new Section 11-1-15, Use of Town-Owned
Washes.
7.) CONSIDERATION of DIRECTING STAFF to research parking conditions on the west side of
Hampstead Blvd. from Palisades to Hyde Park.
8.) CONSIDERATION of AWARDING GRANTS on October 19, 2006, not to exceed $50,000 in the
aggregate, appropriated for such purpose in fiscal 2006-2007, community-based non-profit
organizations whose activities contribute to the public good.
9.) SUMMARY of COUNCIL REQUESTS by Town Manager.
10.) ADJOURNMENT.
DATED this 1ST day of September 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\R9-7-06\Agenda 9-7-06.doc Last printed 9/1/2006 1:53 PM