HomeMy WebLinkAbout11-16-06 packetNOTICE 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: 6:00 P.M. to 6:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in 2nd floor Conference Room)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 16, 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\R11-16-06\11-16-06 agenda.doc Last printed 11/9/2006 2:52 PM
Z:\Council Packets\2006\R11-16-06\11-16-06 agenda.doc Last printed 11/9/2006 2:52 PM
• CALL TO ORDER –Mayor Nichols
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S.
§38-431-03.A.1, For discussion or consideration of employment, assignment, appointment,
promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer,
appointee or employee of any public body, except that, with the exception of salary
discussions, an officer, appointee or employee may demand that the discussion or
consideration occur at a public 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 review applications
submitted of qualified candidates who applied for vacancies on the Board of Adjustment.)
2. RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Father Robert Hart, Anglican Church of Atonement
• ROLL CALL – Mayor Nichols
• MAYOR’S REPORT –
The Mayor will read a proclamation declaring the week of November 12 – 18, 2006,
Fountain Hills Community Foundation Awareness Week.
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS -
Maricopa County Air Quality Control will provide information on ozone levels in
Fountain Hills.
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
November 1 and November 2, 2006.
2.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for a five-unit
condominium plat entitled “Final Plat, Fountain Hills Hamilton Condominiums” located at
13616 N. Hamilton Drive, AKA Plat 102, Block 4, Lot 13. Case# S2006-24.
3.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for a two-unit
condominium plat entitled “Final Plat, Double Tree Phase II Condominiums” located at
12211 N. Lost Arrow Drive, AKA Plat 206, Block 4, Lot 9. Case# S2006-25.
4.) CONSIDERATION of approving the TEMPORARY EXTENSION OF PREMISE LIQUOR
LICENSE APPLICATION for Grapeables Fine Wines (James Myczek), located at 12645 N.
Saguaro Boulevard, #9, Fountain Hills, AZ, scheduled for Saturday, December 9, 2006, from
5:00 p.m. to 9:00 p.m.
5.) CONSIDERATION of RESOLUTION 2006-56, an easement for Salt River Project (SRP)
for the Avenue of the Fountains enhancement project.
REGULAR AGENDA
6.) CONSIDERATION of RESOLUTION 2006-53, declaring as a public record that certain
document filed with the Town Clerk and entitled “The 2007 amendments to the tax code of
the Town of Fountain Hills”.
7.) CONSIDERATION of ORDINANCE 06-32, relating to the privilege license tax; adopting
“The 2007 amendments to the tax code of the Town of Fountain Hills by reference.
8.) COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council:
A. NONE
9.) SUMMARY of COUNCIL REQUESTS by Town Manager.
10.) ADJOURNMENT.
DATED this 9th day of November 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\R11-16-06\11-16-06 agenda.doc Last printed 11/9/2006 2:52 PM
Maricopa CountyAir Quality DepartmentAir Quality in Fountain HillsHolly WardCommunity & Media Relations Manager
• Regulatory Agency• Nine Divisions– Permitting– Compliance– Enforcement– Trip Reduction Program– Vehicle Repair and Retrofit• Stakeholders & Partners– ADEQ, MAG, Valley Metro/RTPA, Cities & Towns, EPAMaricopa County Air Quality DepartmentProtecting our most vital natural resource - air
Measuring the Air
The DreadedBrown Cloud
Failure to Reach Attainment• December 31, 2006 deadline looms– Will we make it? • 19 exceedance days in 2005• 19 exceedance days in 2006 to date• Rate of Progress Plan– Reduction of particulate emissions by 5% each year until we reach attainmentMaricopa County Air Quality DepartmentProtecting our most vital natural resource - air
Dust Prevention 1. Don’t drive in the dirt. 2. Drive slowly on unpaved roads.3. Drive less, particularly on pollution advisory days. Reduce the number of trips you take in your car.4. Maintain your landscape. Cover loose dirt with vegetation or gravel.5. Reduce fireplace and woodstove use, and don’t use your fireplace or woodstove on no-burn days.Maricopa County Air Quality DepartmentProtecting our most vital natural resource - air
Dust Prevention 6. Don’t burn leaves, trash or other materials.7. Don’t use leaf blowers. Use a rake or broom instead.8. Go Green! Avoid using gas-powered lawn and garden equipment.9. Conserve electricity.10. Report offendersBy phone: 602-372-2703Via the web: www.maricopa.gov/aqMaricopa County Air Quality DepartmentProtecting our most vital natural resource - air
Report a violation or air quality complaint: (602) 372-2703
Maricopa CountyAir Quality DepartmentAir Quality in Fountain HillsHolly WardCommunity & Media Relations Manager602-506-6713www.maricopa.gov/aq
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: November 16, 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 November 1 and November 2, 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
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: November 16, 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 approving the TEMPORARY EXTENSION OF
PREMISE liquor license application for Grapeables Fine Wines (James Myczek), located at 12645 N.
Saguaro Blvd. #9, Fountain Hills, AZ, scheduled for Saturday, December 9, 2006, from 5:00 p.m. to 9:00
p.m.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: To obtain Council approval for a temporary extension
of premise submitted by Grapeables Fine Wines in conjuction with one of the events [Holiday Lighting of
the Plaza] permitted under the Plaza Fountainside Merchants Association temporary use permit approved
by the Council in February 2006. The applicant proposes to fence the outdoor seating area as indicated
on the attached diagram and have security and/or Deputies posted at the entrances/exits to prevent alcohol
leaving the permit area. The various town departments have reviewed the application for compliance and
all recommend approval of this temporary extension of premise as submitted.
List All Attachments as Follows: Application, area diagram, departmental approvals, and Law
Enforcement's memo
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
Temporary Extension of
Premise requested to be
held in conjunction with
the last event on the
Temporary Use Permit,
which was approved by the
Council in February of
2006.
RESOLUTION NO. 2006-56
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, GRANTING A POWER EASEMENT TO
SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER
DISTRICT.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That a power easement is hereby granted to Salt River Project Agricultural
Improvement and Power District through, over, under and across the real property as described
and depicted in Exhibit A, attached hereto 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 and to execute all documents
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, November 16, 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
691721.1
EXHIBIT A
TO
RESOLUTION NO. 2006-56
[SRP Easement]
See following pages.
691721.1
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 11/16/06
Submitting Department: Admin Contact Person: Julie Ghetti
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 Ordinance 06-3 adopting the 2007 Amendments to the Tax Code of the Town of
Fountain Hills by reference, establishing an effective date providing for severability and providing
penalties for violations.
Consideration of Resolution 2006-53 declaring as a public record that certain document filed with the
Town Clerk and entitled “The 2007 Amendments to the Tax Code of the Town of Fountain Hills.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information: Changes to the Model City Tax Code (MCTC) are
approved by the Municipal Tax Code Commission (MTCC). The amendments proposed with
Ordinance 06-32 are a combination of changes to state statute as well as changes related to the
hotel industry. The changes relate to amusement activities such as jeep tours, trail rides, etc. that
are provided by a third party through the hotel. Other changes relate to State Fair rides, lake
facility development and housekeeping changes. Resolution 2006-53 declares the amendments
as a public record. The 2007 Tax Code Amendments are presented for Town Council approval.
List All Attachments as Follows: Ordinance 06-32, Resolution 2006-53, Outline of Proposed
Changes to MCTC to conform to State Statutes and Housekeeping Changes.
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager / Designee
Z:\Council Packets\2006\R11-16-06\Tax Code Amendments.doc
TOWN OF FOUNTAIN HILLS
FINANCE DEPARTMENT
INTER OFFICE MEMO
TO: Honorable Mayor and Town Council DT: November 9, 2006
THROUGH: Timothy Pickering, Town
Manager
FR: Julie A. Ghetti, MPA,CPA RE: Amendments to the Fountain Hills
Tax Code
All cities and towns in Arizona that impose a local sales tax have adopted the Arizona model city
tax code (MCTC). The MCTC provides uniformity for businesses, particularly for multi-
jurisdictional taxpayers who pay not only to the state but also to two or more cities and towns
throughout the state. The Municipal Tax Code Commission was created by the State Legislature
to act as a forum for discussion of all changes to the MCTC and is composed of nine city/town
elected officials appointed by the governor and legislative leadership. The Unified Audit
Committee is composed of city sales tax officials and representatives of the Department of
Revenue. All proposed changes to the code are reviewed by the Unified Audit Committee and
approved by the Municipal Tax Code Commission. Changes approved by the Commission must
be adopted by each city/town council.
The League of Arizona Cities and Towns maintains a master version of the MCTC and
coordinates with cities and towns when changes need to be adopted. On Tuesday, October 31,
2006 the League forwarded the proposed changes to the Fountain Hills tax code requesting that
cities and towns approve the 2007 changes with an effective date of January 1, 2007. Changes
become effective at least 30 days after council approval, therefore, to comply with the request
these changes must be approved on November 16, 2006.
The amendments proposed with Ordinance 06-32 reflect several exemptions introduced in recent
years into state statute and to generally match the state’s imposition of tax on hotels and motels.
The change clarifies tax treatment of all income at a hotel, exempting from hotel gross revenue
the fees for arranging amusement activities (jeep tours, trail rides, etc.) that is taxable under
another category for another business. Other changes include allowing contractors to take a
deduction for development fees paid to the Town and construction of any lake facility
development in a commercial enhancement reuse district. Additional changes include precluding
a tax on the private operator of rides at the State Fair and technical changes for inconsistent
language within the MCTC sections that required statutory reference changes.
Please feel free to see me if you have any questions.
Z:\Council Packets\2006\R11-16-06\Tax Code Amendments.doc
ORDINANCE NO. 06-32
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, RELATING TO THE PRIVILEGE LICENSE
TAX; ADOPTING THE “2007 AMENDMENTS TO THE TAX CODE OF THE
TOWN OF FOUNTAIN HILLS” BY REFERENCE; ESTABLISHING AN
EFFECTIVE DATE; PROVIDING FOR SEVERABILITY AND PROVIDING
PENALTIES FOR VIOLATIONS.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That certain document known as the “2007 Amendments to the Tax Code
of the Town of Fountain Hills” (the “2007 Amendments”) three copies of which are on file in the
office of the Town Clerk of the Town of Fountain Hills, which document was made a public
record by Resolution No. 2006-53 of the Town of Fountain Hills, is hereby referred to, adopted
and made a part hereof as if fully set out in this Ordinance.
SECTION 2. That any person found guilty of violating any provision of the 2007
Amendments shall be guilty of a class one misdemeanor. Each day that a violation continues
shall be a separate offense punishable as herein above described.
SECTION 3. That, if any section, subsection, sentence, clause, phrase or portion of this
Ordinance or the 2007 Amendments is for any reason held to be invalid or unconstitutional by
the decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance or the 2007 Amendments.
SECTION 4. That the provisions of Section 1 of the 2007 Amendments as it relates to
the definition of “transient”, Section 3 of the 2007 Amendments as it relates to subsections 8A-
410 (b)(3) through (5) and (c) of the Tax Code of the Town of Fountain Hills and Sections 7, 8,
12, 13 and 15 of the 2007 Amendments shall be effective from and after January 1, 2007.
SECTION 5. That the provisions of Section 3 of the 2007 Amendments as it relates to
subsection 8A-410 (b)(2) of the Tax Code of the Town of Fountain Hills shall be effective from
and after July 1, 1999.
SECTION 6. That the provisions of Sections 4, 5 and 6 of the 2007 Amendments shall
be effective from and after September 1, 2006.
691337.1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, November 16, 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
691337.1
2
RESOLUTION NO. 2006-53
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT
CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED
THE “2007 AMENDMENTS TO THE TAX CODE OF THE TOWN OF
FOUNTAIN HILLS.”
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That certain document entitled the “2007 Amendments to the Tax Code of
the Town of Fountain Hills” of which three copies each are on file in the office of the Town
Clerk and open for public inspection during normal business hours, is hereby declared to be
public record, and said copies are ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, November 16, 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
691328.1
4.) CONSIDERATION of approving the TEMPORARY EXTENSION OF PREMISE LIQUOR
LICENSE APPLICATION for Grapeables Fine Wines (James Myczek), located at 12645 N.
Saguaro Boulevard, #9, Fountain Hills, AZ, scheduled for Saturday, December 9, 2006, from
5:00 p.m. to 9:00 p.m.
5.) CONSIDERATION of RESOLUTION 2006-56, an easement for Salt River Project (SRP)
for the Avenue of the Fountains enhancement project.
REGULAR AGENDA
6.) CONSIDERATION of RESOLUTION 2006-53, declaring as a public record that certain
document filed with the Town Clerk and entitled “The 2007 amendments to the tax code of
the Town of Fountain Hills”.
7.) CONSIDERATION of ORDINANCE 06-32, relating to the privilege license tax; adopting
“The 2007 amendments to the tax code of the Town of Fountain Hills by reference.
8.) COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council:
A. NONE
9.) SUMMARY of COUNCIL REQUESTS by Town Manager.
10.) ADJOURNMENT.
DATED this 9th day of November 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\R11-16-06\11-16-06 agenda.doc Last printed 11/9/2006 2:52 PM