HomeMy WebLinkAbout4-19-07 Agenda packet itemsZ:\Council Packets\2007\R4-19-07\R4-19-07\Agenda 4-19-07.doc Last printed 4/13/2007 10:58 AM
NOTICE OF THE EXECUTIVE AND
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilmember Mike Archambault Councilmember Henry Leger
Councilmember Ginny Dickey Vice Mayor Keith McMahan
Councilmember 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, APRIL 19, 2007
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 EAST AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
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CALL TO ORDER –Mayor Nichols
1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §38-
431.03(A)(4), For discussion or consultation with the attorneys of the public body in order to
consider its position and instruct its attorneys regarding the public body’s position regarding
contracts that are the subject of negotiations, in pending or contemplated litigation or in
settlement discussions conducted in order to avoid or resolve litigation. (Specifically, the
Lukenda lawsuit.)
2.) RETURN TO REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
INVOCATION – Ms. Susan Ducot, Baha’i Faith Community
ROLL CALL – Mayor Nichols
MAYOR’S REPORT
(i) Recognition of the Eggstravaganza and Movie in the Park sponsors.
(ii) Recognition of outgoing Planning and Zoning Commissioner Michael
Downes.
(iii) Presentation by Rich Amalfi with Aquatics Consulting regarding Fountain
Lake.
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 April
5, 2007.
2.) CONSIDERATION of approving the TEMPORARY EXTENSION OF PREMISE/PATIO
PERMIT APPLICATION for Merita Kraya [Euro Pizza Café] for May 5, 2007, from 6 p.m.
to 10 p.m., located at 12645 N. Saguaro Boulevard. This temporary extension of
premise/patio permit will be utilized in conjunction with the Cinco de Mayo Dance, which is
one of the events the Council approved on February 1, 2007, [Temporary Use Permit
#TU2007-01] issued to the Plaza Fountainside Merchants.
3.) CONSIDERATION of approving the SECOND AMENDMENT to the fire protection and
emergency medical service agreement between Rural Metro Corporation and the Town of
Fountain Hills to add second ambulance at no cost.
Z:\Council Packets\2007\R4-19-07\R4-19-07\Agenda 4-19-07.doc Last printed 4/13/2007 10:58 AM
4.) CONSIDERATION of RESOLUTION 2007-15, abandoning whatever right, title, or interest
the Town has in the certain public utility easement located at the easterly property line of Plat
602C, Bock 3, Lot 37 (15744 E. Thistle Drive) as recorded in Book 166 of Maps, Page 33
Records of Maricopa County, Arizona. [EA07-04 - Palmer].
5.) CONSIDERATION of a REPLAT of Fountain Hills Plat 706 entitled “Redrock Business
Center”, located at 17100 East Shea Boulevard, Case #S2006-20.
REGULAR AGENDA
6.) PUBLIC HEARING to receive comments on a TEMPORARY USE PERMIT for “Aquatics
Unlimited”, a swim school in a R1-8 Zoning District located at 17362 E. Calaveras Avenue,
aka Plat 107, Block 6, Lot 4. Case# TU2007-05.
7.) CONSIDERATION on TEMPORARY USE PERMIT for “Aquatics Unlimited”, a swim
school in a R1-8 Zoning District located at 17362 E. Calaveras Avenue, aka Plat 107, Block
6, Lot 4. Case# TU2007-05.
8.) PUBLIC HEARING to receive comments on a SPECIAL USE PERMIT requesting a golf
ball fence/net to be located at 10437 E. Nicklaus Drive, aka Plat 401B, Block 2, Lot 7. Case#
SU2007-03.
9.) CONSIDERATION of a SPECIAL USE PERMIT requesting a golf ball fence/net to be
located at 10437 E. Nicklaus Drive, aka Plat 401B, Block 2, Lot 7. Case# SU2007-03.
10.) PUBLIC HEARING to receive comments on RESOLUTION 2007-14, a proposed
amendment to the Official General Plan, Land Use Map for the Town of Fountain Hills. Case
#GPA 2007-01.
11.) CONSIDERATION of RESOLUTION 2007-14, a proposed amendment to the Official
General Plan, Land Use Map for the Town of Fountain Hills. Case #GPA 2007-01.
12.) PUBLIC HEARING to receive comments on ORDINANCE 07-04, an amendment to
Chapter 5, Section 5.09 – Walls & Fences, of the Zoning Ordinance. If adopted, the
amendment would require that both sides of walls and fences be painted, stuccoed, or
otherwise finished. Case #Z2007-01.
13.) CONSIDERATION of ORDINANCE 07-04, an amendment to Chapter 5, Section 5.09 –
Walls & Fences, of the Zoning Ordinance. If adopted, the amendment would require that
both sides of walls and fences be painted, stuccoed, or otherwise finished. Case #Z2007-01.
14.) QUARTERLY UPDATE by the Town Manager on the progress of implementing the
COUNCIL’S FY2006-07 GOALS.
15.) SUMMARY of COUNCIL REQUESTS by Town Manager.
16.) 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:
Z:\Council Packets\2007\R4-19-07\R4-19-07\Agenda 4-19-07.doc Last printed 4/13/2007 10:58 AM
A. NONE
17.) ADJOURNMENT.
DATED this 13th day of April, 2007.
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.
Page 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: April 19, 2007
Meeting Type: Regular
Agenda Type: Presentation
Submitting Department: Parks and Recreation
Staff Contact Information: Mark C. Mayer at mmayer@fh.az.gov or (480) 816-5190
Strategic Priority: Not applicable
Council Goal: Not applicable
REQUEST TO COUNCIL: N/A
Applicant: N/A
Applicant Contact Information: N/A
Property Location: N/A
Related Ordinance, Policy or Guiding Principle: NA
Staff Summary (background): Dr. Rick Amalfi, with Aquatic Consulting, will be providing a short presentation
regarding the management of the water in Fountain Lake. Dr. Amalfi has been providing technical and on site
assistance to the Town for a number of years regarding the quality of the effluent water in the lake. Dr. Amalfi
will be talking about the specific challenges associated with managing the water quality in effluent lakes,
including high nitrogen and phosphorus levels, and the current strategies and treatment options that are being
used to address these challenges. Dr. Amalfi’s services are currently being used throughout the valley because
of his expertise in the management and the diagnosis of problems associated with the use of effluent water in
public lakes.
There will be an opportunity at the end of the presentation to ask questions of Dr. Amalfi.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initial and ongoing costs; budget status): N/A
Recommendation(s) by Board(s) or Commission(s): N/A
Staff Recommendation(s): N/A
SUGGESTED MOTION: NA
Attachment(s): None
Submitted by:
__________________________________________
Approved:
_________________________________________
Town Manager Date
Mark Mayer, Dir. Of Parks and Recreation 4/10/07
Approved by:
___________________________________________
Department Director Date
Page 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: April 19, 2007
Meeting Type: Regular
Agenda Type: Consent
Submitting Department: Administration
Staff Contact Information: Bevelyn J Bender, 480-816-5115, bbender@fh.az.gov
Strategic Priority: Not applicable
Council Goal: Not applicable
REQUEST TO COUNCIL: CONSIDERATION of approving the Town Council meeting MINUTES from April 5, 2007.
Applicant: N/A
Applicant Contact Information: N/A
Property Location: N/A
Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01
Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account
of the discussion and action that took place at that meeting for archival purposes. Minutes are placed on the
Town’s website in compliance with state law within the two days of Council approval.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initial and ongoing costs; budget status): N/A
Recommendation(s) by Board(s) or Commission(s): N/A
Staff Recommendation(s): Approve
SUGGESTED MOTION: Move to approve the consent agenda.
Attachment(s): None
Submitted by:
__________________________________________
Approved:
_________________________________________
Town Manager Date
Bevelyn J. Bender/Town Clerk 4/10/07
Approved by:
___________________________________________
Department Director Date
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 4-19-07
Meeting Type: Regular
Agenda Type: Consent
Submitting Department: Engineering
Staff Contact Information: Randy Harrel, Town Engineer, 480-816-5112, rharrel@fh.az.gov
Strategic Priority: Not applicable
Council Goal: Not applicable
REQUEST TO COUNCIL: Consideration of RESOLUTION 2007-15 abandoning whatever right, title, or interest the Town
has in the certain public utility easement located at the easterly property line of Plat 602C, Block 3, Lot 37 (15744 E.
Thistle Drive) as recorded in Book 166 of Maps, Page 33 Records of Maricopa County, Arizona. EA07-04 (Palmer)
Applicant: Jerry Palmer
Applicant Contact Information: 15744 E. Thistle Drive, Fountain Hills, AZ 85268, 480-621-6300
Property Location: 15744 E. Thistle Drive
Related Ordinance, Policy or Guiding Principle: Not applicable
Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon the ten (10’) foot public
utility easement located at the easterly property line of Plat 602C, Block 3, Lot 37, (15744 E. Thistle 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 possible that this easement may eventually be needed for a future storm drain or drainage
channel to outlet drainage flows off of Thistle Drive. Therefore, the drainage easement should be retained. (However, staff
will administratively allow up to a 3’ encroachment into this easement for the applicant’s proposed new garage addition.)
Risk Analysis (options or alternatives with implications): Not applicable
Fiscal Impact (initial and ongoing costs; budget status): Not applicable
Recommendation(s) by Board(s) or Commission(s): Not applicable
Staff Recommendation(s): Staff recommends approval of Resolution 2007-15.
SUGGESTED MOTION: Move to approve
Attachment(s): Resolution, Exhibit
Submitted by:
___________________________________________
Randy Harrel, Town Engineer Date
Approved:
_________________________________________
Town Manager Date
Approved by:
___________________________________________
Tom Ward, Director of Public Works Date
RESOLUTION 2007-15
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY EASEMENT AT THE
EASTERLY PROPERTY LINE OF PLAT 602C, BLOCK 3, LOT 37, FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 166 OF MAPS, PAGE 33 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 the certain ten (10’) foot public utility easement, located at the easterly
property line of Plat 602C, Block 3, Lot 37, Fountain Hills, as recorded in Book 166 of Maps, Page 33
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.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, April 19,
2007.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
RESOLUTION NO. 2007-14
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS 2002 GENERAL PLAN TO CORRECT AN ERROR ON THE LAND
USE MAP THEREIN.
WHEREAS, the Town of Fountain Hills 2002 General Plan (the “General Plan”) was
adopted by the Mayor and Council of the Town of Fountain Hills (the “Town Council”) on June
20, 2002, and ratified by the qualified electors of the Town on September 10, 2002; and
WHEREAS, Exhibit 4 of the General Plan, “Land Use Map”, sets forth the land use
designations for all real property within the corporate limits of the Town; and
WHEREAS, ARIZ. REV. STAT. § 9-461.06(N) requires municipalities to receive written
consent from the landowner to designate private lands as Park; and
WHEREAS, a parcel of land was designated on the “Land Use Map” as Park without the
consent of the property owner as required by ARIZ. REV. STAT. § 9-461.06(N); and
WHEREAS, the Town Council desires to amend the “Land Use Map” with respect to the
privately-owned parcel of land that was erroneously designated as Park without prior, written
consent from the landowner to amend the land use description for such parcel to a land use
classification consistent with the category that existed prior to the 2002 General Plan adoption,
as depicted in Exhibit A, attached hereto and incorporated herein by this reference; and
WHEREAS, public hearings were advertised in the March 7, 2007, edition of the
Fountain Hills Times pursuant to ARIZ. REV. STAT. § 9-461.06; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on March 22, 2007, and by the Town Council on April 19, 2007.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the General Plan “Land Use Map” is hereby amended with respect to
the privately-owned parcel of land that was erroneously designated as Park without prior, written
consent from the landowner to amend the land use description for such parcel to a land use
classification consistent with the category that existed prior to the 2002 General Plan adoption,
as depicted on Exhibit A.
SECTION 2. If any provision of this Resolution is for any reason held by any court of
competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed
separate, distinct and independent of all other provision and such holding shall not affect the
validity of the remaining portions of this Resolution.
725508.1
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, April 19, 2007.
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
725508.1
2
EXHIBIT A
TO
RESOLUTION NO. 2007-14
[Land Use Map]
See following pages.
725508.1