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HomeMy WebLinkAbout11-2-06 agenda packet 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: 6:30 P.M. – REGULAR SESSION WHEN: THURSDAY, NOVEMBER 2, 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\R11-2-06\Agenda 11-02-06.doc Last printed 10/27/2006 10:09 AM November 2, 2006 Town Council Agenda Page 2 of 3 Z:\Council Packets\2006\R11-2-06\Agenda 11-02-06.doc Last printed 10/27/2006 10:09 AM • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION –Pastor Jeffrey Iverson, Fountain Hills Christian Church • ROLL CALL – Mayor Nichols • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS – The Mayor will present “Certificates of Appreciation” to recognize two special event sponsors, Natalie Varela, MCO Realty, and Fountain Hills Wood Whims. 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 October 10th and 19th, 2006. *2. CONSIDERATION of approving the painting of a MURAL on the walls of the new splash park pump house as recommended by the Cultural Council. *3. CONSIDERATION of RESOLUTION 2006-51, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the westerly property line of Plat 505 A, Block 3, Lot 11 (15703 E. Golden Eagle Boulevard) as recorded in Book 158 of Maps, Page 40 Records of Maricopa County, Arizona. EA06-11 (Browning). *4. CONSIDERATION of approving a PRELIMINARY AND FINAL PLAT for the "Sherwood Saguaro Condominiums", a 2-unit condominium project located at 14612 N. Sherwood Drive, aka Plat 104, Block 13, Lot 1. Case# S2006-18. *5. CONSIDERATION of approving a CONTRACT with the Area Agency on Aging, Region One, Incorporated, to provided Home Delivered Meals. *6. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Auxiliary Fountain Hills Unit 58, Inc. (Samuel Coffee) for the promotion of Pony Express Week and riders arrival in Fountain Hills to be held at 12901 N. La Montana Drive, Fountain Hills, AZ, on Thursday, February 1, 2007, from 11:00 a.m. to 6:00 p.m. *7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars, Post 7507 (Bruce Thulien) for the promotion of a fundraiser to be held at Saguaro Boulevard and Palisades Boulevard, Fountain Hills, AZ from 9:00 a.m. to 6:00 p.m. on Friday, February 23, 2007, and Saturday, February 24, 2007; and on Sunday, February 25, 2007 from 10:00 a.m. to 6:00 p.m. November 2, 2006 Town Council Agenda Page 3 of 3 Z:\Council Packets\2006\R11-2-06\Agenda 11-02-06.doc Last printed 10/27/2006 10:09 AM *8. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars, post 7507 (Bruce Thulien) for the promotion of a fundraiser to be held at Avenue of the Fountains and la Montana, Fountain Hills, AZ from 9:00 a.m. to 6:00 p.m. on Friday, February 23, 2006, and Saturday, February 24, 2007; and on Sunday, February 25, 2007, from 10:00 a.m. to 6:00 p.m. *9. CONSIDERATION of directing staff to ADVERTISE FOR A REPLACEMENT Youth Commissioner on the Strategic Planning Advisory Commission (SPAC). REGULAR AGENDA 10.) DISCUSSION WITH POSSIBLE DIRECTION to staff regarding permitting the use of outdoor swimming pools for HOME OCCUPATION USE. 11.) UPDATE AND CONSIDERATION of a CONTRACT with Sun Ports Construction for the fabrication of 89 shade coverings, a shade structure for the patio adjoining the Town Hall Council Chambers, and the replacement of existing shade fabric throughout the Civic Center. 12.) CONSIDERATION of CUT AND FILL WAIVERS for “The Retreat at Firerock-Parcel B”, a multi-family project located on the Northeast side of Firerock Country Club Drive. Case# CFW2006-01. 13.) 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 14.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 15.) ADJOURNMENT. DATED this 27th day of October 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: November 2, 2006 Submitting Department: Administration Contact Person: Bender Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Draft Meeting Minutes Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from October 10 and October 19, 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 Document in 11-2-06 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 11/2/06 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 2006-51 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the westerly property line of Plat 505A, Block 3, Lot 11 (15703 E. Golden Eagle Blvd.) as recorded in Book 158 of Maps, Page 40 Records of Maricopa County, Arizona. EA06-11 (Browning) 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: ____________________________ _____________________________________ Thomas L. Ward Budget Review Director of Public Works (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 11-2-06 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: September 29, 2006 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA06-11 15703 E. Golden Eagle Blvd. Plat 505A, Block 3, Lot 11 This item on the Town Council's agenda is a proposal to abandon portions of the ten (10’) foot public utility and drainage easements located at the westerly property line of Plat 505A, Block 3, Lot 11, (15703 E. Golden Eagle Blvd.) 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 2006-51. Enc: Resolution Exhibit C: Greg Browning Adjacent Property Owners Document in 11-2-06 RESOLUTION 2006-51 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE WESTERLY PROPERTY LINE OF PLAT 505A, BLOCK 3, LOT 11, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 40 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easement, located at the westerly property line of Plat 505A, Block 3, Lot 11, Fountain Hills, as recorded in Book 158 of Maps, Page 40 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 11-2-06 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, November 2, 2006. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 11-2-06 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: November 2, 2006 Submitting Department: Public Works Contact Person: Gene Slechta, Planning Technician 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 PRELIMINARY and FINAL PLAT for the "Sherwood Saguaro Condominiums," a two-unit condominium project located at 14612 N. Sherwood Drive aka Plat 104, Block 13, Lot 1. Case Number S2006-18. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This agenda item is for a Preliminary and Final Plat for a Declaration of Condominium. On October 12, 2006, the Planning and Zoning Commission recommended approval of S2006-18, Preliminary Plat, "Sherwood Saguaro Condominiums." Please see the attached staff report for additional details. List All Attachments as Follows: Staff Report, Case Map, Application, Plat Reductions 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 MAYOR AND TOWN COUNCIL STAFF REPORT TO: The Honorable Mayor and Town Council MTG DT: November 2, 2006 FR: Gene Slechta, Planning Technician THR: Richard Turner, AICP Planning and Zoning Administrator RE: S2006-18; “Sherwood Saguaro Condominiums.” LOCATION: 14612 N. Sherwood Drive, aka Final Plat 104, Block 13, Lot 1. REQUEST: Consider the Preliminary and Final Plat for the, “Final Plat Sherwood Saguaro Condominiums” a 2-unit condominium project. DESCRIPTION: APPLICANT: Flora DeRose OWNERS: Carol DeRose EXISTING ZONING: “R-2” EXISTING CONDITION: Built LOT SIZE: 11,296 square feet (0.2593 acres) SURROUNDING LAND USES AND ZONING: NORTH: Villas at Club Mirage Condos; zoned “R-4”” SOUTH: Properties of Pacific Southwest Condominiums; zoned “R-2” EAST: Duplex; zoned “R-2” WEST: Single Family; zoned “R-2” SUMMARY: This request is for Preliminary and Final Plat approval for, “Final Plat Sherwood Saguaro Condominiums,” an existing residential development located on the southwest corner of Sherwood Drive and Saguaro Boulevard. The Condominium process subdivides cubic airspace, and is not a land sell project. Due to the simplicity of this request and the fact that this project does not involve any off-site public improvements, a "fast track" process is being allowed. The owner, Carol DeRose, has chosen to convert a 2-unit residential development and record a Declaration of Condominium to sell the units individually. The 2 units are 1391 square feet and each unit has 2 bedrooms. The building was constructed in 1973, and, as a result, was built under county ordinances. Therefore, there are several non-conforming items according to current town ordinances. They are: • Unit B encroaches upon the 5’ minimum side setback requirement, per Section 11.10 of the Town of Fountain Hills Zoning Ordinance • The number of parking spaces for the two bedroom units, one, is less than the town’s requirement of two per dwelling unit, per Section 7.04.G.1.b of the Town of Fountain Hills Zoning Ordinance • The number of guest parking spaces, zero, is less than the town’s requirement of .25 parking spaces per dwelling unit, per Section 7.04.G.1.b of the Town of Fountain Hills Zoning Ordinance • A permanent CMU wall in the backyard crosses a P.U.E & D.E • A wood fence, which reaches 6’ 8” in height, bordering the North side of Unit A’s backyard L.C.E, and facing Saguaro Boulevard, exceeds the maximum height allowed inside a street side setback, per Section 5.09.A.1. of the Town of Fountain Hills Zoning Ordinance All of the square footage is intended for residential use. The overall use meets the intention of the underlying requirements of the R-2 zoning district. There is a discrepancy in the “Notes” section of page 1 of the plat. Note 9 includes the words “notes 8 and 9 above”, but should have read “notes 7 and 8 above”. The Planning and Zoning Commission recommended approval of S2006-19 on October 12, 2006. Consistent with Goal 4, Objective 4.3, of the town’s 2006-2007 action plan for implementing the Strategic Plan, staff will provide information on population change when reviewing land use applications. In this case, there will not be a change in population since the building is existing and is occupied. The estimated population for the project is 5. RECOMMENDATION: Staff recommends approval of the Preliminary Plat, S2006-18, for “Final Plat Sherwood Saguaro Condominiums” with the stipulation that the above discrepancy in the Notes section be corrected before recording the final plat. Attachments: 1. Case Map 2. Plat Application 3. Plat Reductions CASE MAP SHERWOODSAGUARO DRIVEIB B O U L E V A R D SITE Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: October 19, 2006 Submitting Department: Park and Recreation Contact Person: Mark C. Mayer Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Contract 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 a Contract with the Area Agency on Aging, Region One, Incorporated, to provide Home Delivered Meals Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The contract with the Area Agency on Aging defines the terms and conditions under which the Town, through the Senior Services Home Delivered Meals program, would continue to provide meals to residents in Fountain Hills and now Rio Verde based on need. Under the contract, the Town would be reimbursed for the provision of these meals. The HDM program is administered by the Senior Services HDM Administrator and the meals are delivered by volunteers. Currently, about thirty meals are delivered daily in Fountain Hills. The contract would be in force through June 30, 2007. The agreement has been reviewed by the Town Attorney and a copy is available for review in the Town Clerk's office. The contract covers meals that are delivered M-F, but not on holidays or the weekends. These costs are typically largely recovered by various grants and donations that are solicited annually by Senior Services staff. 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 Document in 11-2-06 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: November 2, 2006 Submitting Department: Administration Contact Person: Bender Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: 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 a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Auxiliary Fountain Hills Unit 58, Inc. (Samuel Coffee) for the promotion of Pony Express Week and riders arrival in Fountain Hills to be held at 12901 N. La Montana Drive, Fountain Hills, AZ, on Thursday, February 1, 2007 from 11:00 a.m. to 6:00 p.m. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The various departmental recommendations have been provided. There are no issues that would prohibit the event from taking place. Staff’s unanimous recommendation is for the Council to recommend approval of this special event liquor license application. List All Attachments as Follows: Front page of the Special Event Liquor License application and the list of departmental recommendations, and law enforcement's memo Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Town Clerk Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager/Designee Document in 11-2-06 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: November 2, 2006 Submitting Department: Administration Contact Person: Bender Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: 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 a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars, Post 7507, (Bruce Thulien) for the promotion of a fundraiser to be held at Saguaro Boulevard and Palisades Boulevard, Fountain Hills, AZ, from 9:00 a.m. to 6:00 p.m. on Friday, February 23, 2007, and Saturday, February 24, 2007, and on Sunday, February 25, 2007, from 10:00 a.m. to 6:00 p.m. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The various departmental recommendations have been provided. There are no issues that would prohibit the event from taking place. Staff’s unanimous recommendation is for the Council to recommend approval of this special event liquor license application. List All Attachments as Follows: Front page of the Special Event Liquor License application and the list of departmental recommendations, and law enforcement's memo Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Town Clerk Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager/Designee Document in 11-2-06 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: November 2, 2006 Submitting Department: Administration Contact Person: Bender Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: 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 a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars, Post 7507, (Bruce Thulien) for the promotion of a fundraiser to be held at Avenue of the Fountains and La Montana, Fountain Hills, AZ, from 9 a.m. to 6 p.m. on Friday, February 23, 2007, and Saturday, February 24, 2007, and on Sunday, February 25, 2007, from 10:00 a.m. to 6:00 p.m. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The various departmental recommendations have been provided. There are no issues that would prohibit the event from taking place. Staff’s unanimous recommendation is for the Council to recommend approval of this special event liquor license application. List All Attachments as Follows: Front page of the Special Event Liquor License application and the list of departmental recommendations, and law enforcement's memo Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ 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: 11/2/06 Submitting Department: Administration Contact Person: Tim Pickering Consent: Regular: X 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: Motion to direct staff to advertise for a replacement Youth Commissioner on the Strategic Planning Advisory Commission (SPAC). Staff Recommendation: Fiscal Impact: No $ Purpose of Item and Background Information: Rule 9.5(E)3 of the Council Rules of Procedure states, "A vacancy on a board, commission, or committee shall be deemed to have occurred upon the following: …..Three successive unexcused or unexplained absences by a member from any regular or special board, commission, or committee meetings. However, the term of all members shall extend until their successors are appointed and qualified." The Youth Commission presently serving on the Strategic Planning Advisory Commission currently has three unexcused absences. The Youth Commission attended the orientation meeting of the SPAC held on February 16, 2006, but has since failed to attend any of the regular meetings of the Commission, as evidenced by the attached "SPAC Roll Call" sheet. Participation by a Youth Commission is specified in the Bylaws of the SPAC. SPAC is requesting that the Council advertise for a new Youth Commissioner. Staff requests a motion for same. List All Attachments as Follows: SPAC Roll Call sheet. Type(s) of Presentation: Verbal. Signatures of Submitting Staff: ____________________________ _____________________________________ Name Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Title ____________________________ Town Manager / Designee TitleFirstLast2/16/062/28/063/21/064/27/065/18/066/20/068/8/069/14/0610/17/0611/15/0612/12/06Commissioner Jerry Butler XXXXXXX X XCommissioner Paul Butler EX EX X X X X X 0 XChairman Curt DunhamXXXXEXXX X 0Commissioner Ryan Guy X 0 EX EX 0 EX 0 0 0Commissioner Roger RiggertXXXXXXX X XCommissioner Rich Schultz X X X EX X X X EX XVice ChairmanMikeTyler XXXXXXX X XX = Present0 = AbsentEX = ExcusedSPAC ROLL CALL October 25, 2006 The Honorable Mayor and Town Council Town of Fountain Hills 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Dear Mayor and Council Members, King James Residential and DER Consulting together have respectfully submitted for your approval a concept plan and cut and fill waiver for The Retreat at Firerock. Foremost in our minds when planning and designing this community was to maintain the integrity of the mountain. We worked closely with the Fountain Hills staff to develop hillside sensitive housing concepts to fit the land. The homes have multiple floor variations to negotiate the hillside slopes of the site. We clearly understand that cut and fill waivers are a sensitive issue to the Town. We made four or five preliminary submittals to the Town staff and held numerous meetings with various staff members to develop a plan that would answer all of the Town’s concerns and would be embraced by the end consumer. We hired a second engineer to further analyze ways of minimizing cuts and fills. We then developed a third product type (unusual for this number of units) for the mountain top and reduced the number of units to lesson Cut #2 and 3. I feel the Town staff would agree with me that we have made every effort to minimize the cuts and fill on this site and deliver a community that further supports the Towns’ vision of quality housing. Respectfully, Adrien Elliott Partner King James Residential Enclosure (11) Builder story Astor Place photo Hillside cross-section; Estate Home; Hillside Villa; Executive Condo; Cut & Fill beyond 10’ outside of roadway; Fill Perspective; Cut 1 Perspective; Cut 2 Perspective; Cut 3 Perspective. HI BUILDER STORY For over 40 years, the King James Group has been helping individuals; couples and families build a better life. In building more than 1,500 homes, including multi-family and single family residences, the Company’s operations span throughout the western suburbs of the Greater Cleveland Area. In 1994, King James Residential was formed by Adrien Wallner Elliott, King James Group founder’s daughter and CFO Richard Batt. Their primary focus was developing well located residential communities on overlooked land parcels, selling the developed lots to national builders. These communities included: Avalon Estates, Capel Vale and The Glens in Westlake, Ohio. The three single family developments with a total of 178 homes brought excellent land plan designs to the Westlake community. In 1997, King James Residential focused on the development of a 450 single family land parcel in Avon, Ohio. Stonebridge Creek is a residential community with single family homes available in three different price levels from $260,000 to $400,000. This planned unit development includes a recreation facility with an Olympic sized pool, screened picnic area and children’s playground. Also located throughout the Stonebridge Creek development are two children’s playgrounds and three gathering parks. In 1999, King James Residential partnered with Deborah Ray of D.E.R. Consulting, Inc., a 25 year national consultant for residential product design, feasibility market analysis and marketing and business strategy for builders. The King James Residential and D.E.R. Consulting team designed and built the award winning Astor Place community in Rocky River, Ohio. This development won the Cleveland Choice awards for Best Brochure, Best Attached Design, Best Interior Design, Best Exterior Architectural Condo-Cluster and Best Designed Community. Further, in 2004, Astor Place was honored by the National Home Builder Association for Regional Awards (Inclusive of competition in Chicago and Detroit) for Best Attached Product, Best Attached Community of the Year, Best Brochure, Best Logo, Best Interior Design, Best Landscape and Best Signage. In 2005, King James Residential and D.E.R. Consulting will commence construction on Carmel at Stonebridge, a 216 unit attached resort-style living community, continue construction on the nearly sold out Astor Place development and their single family homes located within the Stonebridge Creek Community. HI HILLSIDE WALKOUT VILLA CROSS-SECTIONS• Hillside Villa Walkout Home design follows the topography and terraces down slope consistent with custom home designs in FireRock Country Club 0.032 Acres0.064 Acres0.03 Acres0.024 AcresCUT #1CUT #2CUT #3FILL AREATotal area of cut and fill beyond 10’within the roadway is 69% of overall cut and fills beyond 10’.CUT & FILL BEYOND 10’ OUTSIDE OF ROADWAY FILL PERSPECTIVETERRACED WALL DETAIL6’6’6’ CUT #1 PERSPECTIVETERRACED WALL DETAIL6’6’6’ CUT #2 PERSPECTIVE CUT #3 PERSPECTIVE November 2, 2006 Town Council Agenda Page 3 of 3 Z:\Council Packets\2006\R11-2-06\Agenda 11-02-06.doc Last printed 10/27/2006 10:09 AM *8. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Veterans of Foreign Wars, post 7507 (Bruce Thulien) for the promotion of a fundraiser to be held at Avenue of the Fountains and la Montana, Fountain Hills, AZ from 9:00 a.m. to 6:00 p.m. on Friday, February 23, 2006, and Saturday, February 24, 2007; and on Sunday, February 25, 2007, from 10:00 a.m. to 6:00 p.m. *9. CONSIDERATION of directing staff to ADVERTISE FOR A REPLACEMENT Youth Commissioner on the Strategic Planning Advisory Commission (SPAC). REGULAR AGENDA 10.) DISCUSSION WITH POSSIBLE DIRECTION to staff regarding permitting the use of outdoor swimming pools for HOME OCCUPATION USE. 11.) UPDATE AND CONSIDERATION of a CONTRACT with Sun Ports Construction for the fabrication of 89 shade coverings, a shade structure for the patio adjoining the Town Hall Council Chambers, and the replacement of existing shade fabric throughout the Civic Center. 12.) CONSIDERATION of CUT AND FILL WAIVERS for “The Retreat at Firerock-Parcel B”, a multi-family project located on the Northeast side of Firerock Country Club Drive. Case# CFW2006-01. 13.) 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 14.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 15.) ADJOURNMENT. DATED this 27th day of October 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.