HomeMy WebLinkAboutpacket 8-16-07
NOTICE OF THE EXECUTIVE AND
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 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, AUGUST 16, 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. If there is a Public
Hearing, please submit the speaker card for that issue prior to the beginning of the
Public Hearing and the Consideration of said issue.
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 Council Members. Speakers’ statements should not be
repetitive. In order to conduct an orderly business meeting, the Presiding Officer shall keep
control of the meeting and shall require the speakers and audience to refrain from abusive
or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts
or interferes with the orderly conduct of the business of the meeting. Personal attacks on
Council members, Town staff or members of the public are not allowed. Please be respectful
when making your comments. If you do not comply with these rules, you will be asked to
leave.
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.
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.
Mayor Wally Nichols
Councilmember Mike Archambault Councilmember Henry Leger
Councilmember Ginny Dickey Vice Mayor Keith McMahan
Councilmember Ed Kehe Councilmember Jay Schlum
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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)(1), for discussion or employment, assignment, appointment, promotion, demotion,
dismissal, salaries, disciplining or resignation of a public 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, for the purpose of (i)
reviewing applications received for consideration for the vacancies on the Planning and Zoning
Commission, and (ii) interviewing the Parks and Recreation Commission applicant.)
2.) RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION –Pastor Larry Finch, Four Peaks Community Church
• ROLL CALL – Mayor Nichols
• MAYOR’S REPORT
(i) None.
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Legislative update by Congressman Harry E. Mitchell.
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 of August 2, 2007.
2. CONSIDERATION of RESOLUTION 2007-44 abandoning whatever right, title, or interest the
Town has in portions of the certain public utility and drainage easements located at the westerly
property line of Plat 431, Block 7, Lot 7 (15225 Escalante Drive) as recorded in Book 151 of Maps,
Page 43, Records of Maricopa County, Arizona. EA07-17 (Pickel)
3. CONSIDERATION of approving RESOLUTION 2007-40, a public utility easement with SRP
along Tower Drive at Desert Vista Neighborhood Park.
4. CONSIDERATION of approving a CHANGE ORDER in the amount of $38,500 with Infinity
Electric to provide electrical power to Desert Vista Neighborhood Park.
5. CONSIDERATION of a REPLAT of Plat 706, Block 1, Lots 3, 4 & 5 located at 17100 E. Shea
Boulevard, AKA Redrock Business Plaza. (Case #S2007-10)
6. CONSIDERATION of approving a one year CONTRACT for street maintenance with Southwest
Slurry Seal, Inc. utilizing the City of Chandler’s contract.
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7. CONSIDERATION of RESOLUTION 2007-32, amending the Town of Fountain Hills financial
policies relating to designation of new construction sales tax collections.
REGULAR AGENDA
8. CONSIDERATION of APPOINTING a one citizen to the Parks and Recreation Commission.
9. CONSIDERATION of accepting FOUR DONATED PIECES OF ART as recommended by the
Fountain Hills Cultural Council for placement in the community.
10. PUBLIC HEARING to receive comments on a SPECIAL USE PERMIT for a Nursing Home in
the R-4 Zoning District, located at 16655 E. El Lago Boulevard, aka Fountain View Senior Care
Center, Lot 1. Case #SU2007-08.
11. CONSIDERATION of a SPECIAL USE PERMIT for a Nursing Home in the R-4 Zoning District,
located at 16655 E. El Lago Boulevard, aka Fountain View Senior Care Center, Lot 1. Case
#SU2007-08.
12. PUBLIC HEARING to receive comments on a SPECIAL USE PERMIT for extended operating
hours in the C-C Zoning District located at 11056 N. Saguaro Boulevard, aka Two Step Saloon, Lot
13. Case #SU2007-13.
13. CONSIDERATION of a SPECIAL USE PERMIT for extended operating hours in the C-C Zoning
District, located at 11056 N. Saguaro Boulevard, aka Two Step Saloon, Lot 13. Case #SU2007-13.
14. PUBLIC HEARING to receive comments on a SPECIAL USE PERMIT for Redrock Business
Plaza, Lot 4, to allow “Chase Bank”, to provide a drive-thru window service to customers. Case
#SU2007-10.
15. CONSIDERATION of a SPECIAL USE PERMIT for Redrock Business Plaza, Lot 4, to allow
“Chase Bank”, to provide a drive-thru window service to customers. Case #SU2007-10.
16. SUMMARY of COUNCIL REQUESTS by Town Manager.
17. 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.
18. ADJOURNMENT.
DATED this 10th day of August 2007.
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100
(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.
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TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: August 16, 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 of August 2, 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. Approved minutes are placed
on the Town’s website in compliance with state law.
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
Page 1 of 2
Submitted by:
__________________________________________
Approved:
_________________________________________
Town Manager Date
Bevelyn J. Bender/Town Clerk 8/7/07/07
Approved by:
___________________________________________
Department Director Date
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 8-16-07
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 2007-44 abandoning whatever right, title, or interest the Town
has in portions of the certain public utility and drainage easements located at the northerly property line of Plat 431, Block
7, Lot 7 (15225 Escalante Drive) as recorded in Book 151 of Maps, Page 43, Records of Maricopa County, Arizona.
EA07-17 (Pickel)
Applicant: Morris A. Pickel
Applicant Contact Information: 15225 Escalante Drive, Fountain Hills, AZ 85268, 480-816-3685
Property Location: 15225 Escalante 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 portions of the twenty
(20’) foot public utility and drainage easements located at the northerly property line of Plat 431, Block 7, Lot 7, (15225
Escalante 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 7 are required to pass the developed flows generated by the
upstream lots across their property.
The Town needs long-term access to the unsubdivided area (former state trust land) (GPA 2006) to its open-space property,
located north and east of this lot. SRP and Fountain Hills Sanitary district will need a viable access route to the current
and/or probable future facilities north and east of this lot. A twenty (20’) foot Public Utility Easement and Town Access
Easement should be granted across the west edge of this lot. The Town will allow fence(s) along and crossing this
easement, provided that 10’ gate(s) are provided for access through the lot.
The applicant has indicated that he does not currently wish to fulfill that stipulation. This abandonment will merely remain
unrecorded until such time as the applicant (or a future lot owner) may wish to grant the easement and have the
abandonment recorded.
Risk Analysis (options or alternatives with implications): Not applicable
Page 1 of 5
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 2007-44, subject to the following stipulation:
Grant a twenty (20’) foot wide Public Utility Easement and Town Access Easement along the westerly edge of Lot 7.
SUGGESTED MOTION: Move to approve Resolution 2007-44, with stipulation.
Attachment(s): Resolution, Exhibit
Page 2 of 5
Page 3 of 5
Submitted by:
___________________________________________
Randy Harrel, Town Engineer Date
Approved:
_________________________________________
Town Manager Date
Approved by:
___________________________________________
Tom Ward, Director of Public Works Date
Page 4 of 5
RESOLUTION 2007-44
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 NOTHERLY PROPERTY LINE OF PLAT 431,
BLOCK 7, LOT 7, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 151 OF
MAPS, PAGE 43, 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 twenty (20’) foot public utility and drainage easement, located at
the northerly property line of Plat 431, Block 7, Lot 7, Fountain Hills, as recorded in Book 151 of Maps, Page
43 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, August
16, 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
Page 5 of 5
RESOLUTION NO. 2007-40
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, GRANTING A POWER DISTRIBUTION
EASEMENT TO SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT
AND POWER DISTRICT.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That a non-exclusive power distribution easement is hereby granted to Salt
River Project Agricultural Improvement and Power District through, over, under and across +
0.16 acres of real property, being the westerly 10’ of Lot 9, Block 1, of Plat 302 (also known as
Desert Vista Park, and lying adjacent to the Tower Drive right-of-way), in the form attached
hereto as Exhibit A and incorporated herein by reference.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to take all steps 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,
August 16, 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
755259.1
EXHIBIT A
TO
RESOLUTION NO. 2007-40
[Power Distribution Easement]
See following pages.
755259.1
RESOLUTION NO. 2007-32
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS FINANCIAL POLICIES RELATING TO NEW CONSTRUCTION
SALES TAX COLLECTIONS.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town
Council”) adopted written financial policies for the Town of Fountain Hills (the “Town”) on
May 1, 2003 (the “Financial Policies”); and
WHEREAS, the Town Council has determined that a change to the Financial Policies is
necessary to address the Town’s significant capital improvement needs, which are expected to
increase substantially in the near future; and
WHEREAS, pursuant to the Town’s Tax Code, the Town collects taxes for construction
contracting activities at a rate of two and six tenths percent (2.6%); and
WHEREAS, the Town Council has determined that it is in the best interests of the Town
that eighty-five percent (85%) of the sales tax generated from construction contracting activities
be segregated from other tax revenue, placed in a separate account and used exclusively for the
purposes of capital improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Financial Policies are hereby amended to modify the Revenues
and Collections section therein (page 9), to include a new subsection 6, to read as follows:
6. Local sales tax revenues are derived from several sources with a significant
portion from construction-related activity. To ensure that the revenues from
growth or development are targeted to costs related to development, or invested in
improvements that will benefit future residents or make future service provision
more efficient, the Town will designate 85% of those one-time revenues to the
Capital Projects Fund. At the end of each fiscal year these revenues will be
transferred from the General Fund to the Capital Projects Fund for future
appropriation.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to take all steps necessary to carry out the purpose
and intent of this Resolution.
SECTION 3. That the effective date of this Resolution shall be June 30, 2007, and the
amendments to the Financial Policies herein shall apply to the designated tax revenue collected
for construction activity during Fiscal Year 2007-08.
741685.2
741685.2
2
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
August 16, 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