HomeMy WebLinkAboutAgenda 9-20-07Page z:\council packets\2007\r9-20-07\agenda 9-20-07 .doc 9/14/2007 1:45 PM
NOTICE OF THE EXECUTIVE AND
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. to 6:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in 2nd floor Fountain Conference Room)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, SEPTEMBER 20, 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
ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) 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 interviewing one Planning and Zoning Commission applicant and
discussing possible appointments to fill the current vacancies); (ii) Pursuant to §38-431.03(A)(3), for
discussion or consultation for legal advice with the attorney or attorneys of the public body. (Specifically,
land use regulations relating to negative secondary effects.); and (iii) 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, a possible license agreement with MCO and a possible update regarding a potential
downtown development contract.)
1.) RETURN TO REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
INVOCATION – Deacon Richard Smith, Church of the Ascension
ROLL CALL – Mayor Nichols
MAYOR’S REPORT
i) The Mayor will read a proclamation declaring October McDowell Mountain Month.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) A progress report by the Strategic Planning Advisory Commission and a representative
from T.L. Hockings and Associates on revenue shortfall options.
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 September 6, 11,
and 13, 2007.
2. CONSIDERATION for approval of RESOLUTION 2007- 50, abandoning whatever right, title, or
interest the Town has in the certain public utility and drainage easements located at the southerly
(rear) property line of Plat 506C, Block 1, Lot 43 (14845 East Cerro Alto Drive) as recorded in
Book 159 of Maps, Page 31, Records of Maricopa County, Arizona. EA07-20 (Harrison)
3. CONSIDERATION for approval of RESOLUTION 2007-54, abandoning whatever right, title, or
interest the Town has in the certain public utility and drainage easements located at the northeasterly
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property line of Plat 213, Block 1, Lot 26 (15019 N. Bristol Bay) as recorded in Book 155 of Maps,
Page 24, Records of Maricopa County, Arizona. EA07-21 (Almeida)
4. CONSIDERATION of approving the PROFESSIONAL SERVICES AGREEMENT for the 2007
holiday lighting and ground displays with Christmas Light Decorators in the amount of $28, 873.75.
5. CONSIDERATION of approving a PURCHASE AGREEMENT with Bingham Equipment
Company for a tractor in the amount of $27,199.30.
6. CONSIDERATION of approving a CONTRACT with LVA Urban Design Studio, L.L.C. in the
amount of $92,496.15 to update the Town of Fountain Hills General Plan 2002.
REGULAR AGENDA
7. CONSIDERATION of the APPOINTMENT of three (3) applicants to the Planning and Zoning
Commission.
8. CONSIDERATION of accepting a piece of ART as recommended by the Fountain Hills Cultural
Council for placement in the community.
9. CONSIDERATION for approval of RESOLUTION 2007- 51, abandoning whatever right, title, or
interest the Town has in a portion of the certain public utility easement located at the southeasterly
property line of Plat 212, Block 1, Lot 18 (16529 E. Glenbrook Drive) as recorded in Book 141 of
Maps, Page 17, Records of Maricopa County, Arizona. EA07-19 (Beishir)
10. PUBLIC HEARING to receive comments on SPECIAL USE PERMITS to allow “The Human
Bean”, located at 17251 E. Shea Boulevard aka Plat 412B, Lot 7B (Kern Plaza), to provide drive –
thru windows and have extended hours of operation. Case# SU2007-12.
11. CONSIDERATION of SPECIAL USE PERMITS to allow “The Human Bean”, located at 17251
E. Shea Boulevard aka Plat 412B, Lot 7B (Kern Plaza), to provide drive –thru windows and have
extended hours of operation. Case# SU2007-12.
12. DISCUSSION of AMENDING the Council Rules of Procedure to establish a method by which a
subcommittee of the Council will review the applications and interview those applicants for
vacancies on boards and commissions for the Council’s consideration of appointment.
13. SUMMARY of COUNCIL REQUESTS by Town Manager.
14. 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.
15. ADJOURNMENT.
DATED this 14th day of September 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.
Revenue Enhancement AnalysisPresented by:September 20, 2007
IntroductionBackground• Strategic planning process identified future growth limitation• Town approaching build-out• Long-term financial analysis shows future budget deficits• Purpose of report
The AnalysisIssues and Challenges• Comparative analysis with other similar cities• Factors affecting revenues and expenditures • Analysis of new supplemental revenue sources• Determine Town’s flexibility and capacity to respond to changing economic base
ConstraintsTown Characteristics• Town is landlocked• Primarily bedroom community• Small commercial base• Limited amount of commercial land can be developed• Revenues primarily dependent on sales taxes• Current sales tax base reliant on one-time revenue sources
Revenue$229$314$344$353$363$338$440$388$0$50$100$150$200$250$300$350$400$4502003 2004 2005 2006Fountain HillsAverage for Total Comparison GroupGross Sales Tax Revenue Per Capita
Revenue$143$210$132$239$139$223$169$250$0$50$100$150$200$2502003 2004 2005 2006Fountain HillsAverage for Total Comparison GroupNet Sales Tax Revenue Per Capita (per 1% tax rate)
RevenueIntergovernmental Revenues to General Fund Revenues39%24%32%20%30%20%30%19%0%5%10%15%20%25%30%35%40%2003 2004 2005 2006Fountain HillsAverage for AZ Comparison Group
Revenue$62$120$69$121$59$118$51$128$0$20$40$60$80$100$120$1402003 2004 2005 2006Fountain HillsAverage for AZ Comparison GroupTotal Property Tax Per Capita
RevenueFull Cash Value Per Capita$0$20,000$40,000$60,000$80,000$100,000$120,000$140,0002003 2004 2005 2006Fountain HillsAverage for AZ Comparison Group
Revenue 7%13%13%14%75%68%6%4%0%10%20%30%40%50%60%70%80%Commercial VacanyLandResidential RentalsFoutain HillsAverage for AZ Comparison GroupPercent of Property Classification to Total Full Cash Value - 2006
ExpenditureGeneral Fund Expenditures Per Capita$515$565$463$618$456$619$503$705$0$100$200$300$400$500$600$700$8002003 2004 2005 2006Fountain HillsAverage for AZ Comparison Group
ExpenditureEmployees Per Capita(per 1,000 residents)3.35.23.15.83.35.90.01.02.03.04.05.06.02004 2005 2006Fountain HillsAverage for AZ Comparison Group
Operating PositionUnreserved General Fund Balance to General Fund Revenues34%81%46%83%58%94%37%99%0%10%20%30%40%50%60%70%80%90%100%2003 2004 2005 2006Fountain HillsAverage for AZ Comparison Group
Operating PositionGeneral Obligation Debt Per Capita$537$637$494$578$436$534$384$740$0$100$200$300$400$500$600$700$8002003 2004 2005 2006Fountain HillsAverage for Total Comparison Group
The FindingsSummary of Analysis• Per capita sales tax collections are significantly lower than comparable cities• Construction sales tax represents one-third of the sales tax base• State-shared revenue represents one-third of General Fund revenues• Full cash valuations per capita are significantly higher than comparable AZ cities
The FindingsSummary Analysis (con’t)• Town lacks commercial retail base• General Fund expenditures per capita are lower than comparable AZ cities• Unreserved General Fund balance is significantly lower than comparable AZ cities• General Obligation debt per capita is declining and less than comparable AZ cities
ConclusionsMajor Conclusions• Need to develop commercial retail base• Revenue base is too dependent on economically sensitive resources• Need to develop reliable and stable revenue sources• Fund balances may not be adequate to meet changing revenue structure
Page 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: September 20, 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 September 6, 11,
and 13, 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
Submitted by:
__________________________________________
Approved:
_________________________________________
Town Manager Date
Bevelyn J. Bender/Town Clerk 8/31/07
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 9-20-07
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 for approval of RESOLUTION 2007-50 abandoning whatever right, title, or
interest the Town has in portions of the certain public utility and drainage easements located at the southerly (rear) and
easterly property lines of Plat 506C, Block 1, Lot 43 (14845 East Cerro Alto Drive) as recorded in Book 159 of Maps, Page
31, Records of Maricopa County, Arizona. EA07-20 (Harrison)
Applicant: Jim and Lisa Harrison
Applicant Contact Information: 14845 East Cerro Alto Drive, Fountain Hills, AZ 85268 480-837-1929
Property Location: 14845 East Cerro Alto 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 foot (10’) public
utility and drainage easements located at the southerly (rear) and easterly property lines of Plat 506C, Block 1, Lot 43,
(14845 E. Cerro Alto 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, except SRP. The easterly (side) easement needs to be retained (per Salt River
Project), so a ten foot (10’) electric easement will be retained. This easement area is where the service line comes to serve
the building. SRP has given approval to allow a fence along and across this retained 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 43 are required to pass the developed flows generated by
the upstream lots across their property.
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 2007-50.
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 2007-50
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 EASEMENT AT THE SOUTHERLY (REAR) AND EASTERLY
PROPERTY LINES OF PLAT 506C, BLOCK 1, LOT 43, FOUNTAIN HILLS,
ARIZONA, AS RECORDED IN BOOK 159 OF MAPS, PAGE 31, 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 southerly and easterly property lines of Plat 506C, Block 1, Lot 43, Fountain Hills, as recorded
in Book 159 of Maps, Page 31, 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,
September 20, 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
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 9-20-07
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 for approval of RESOLUTION 2007-54 abandoning whatever right, title, or
interest the Town has in the certain public utility and drainage easements located at the northeasterly property line of Plat
213, Block 1, Lot 26 (15019 N. Bristol Bay) as recorded in Book 155 of Maps, Page 24, Records of Maricopa County,
Arizona. EA07-21 (Almeida)
Applicant: John and Lisa Almeida
Applicant Contact Information: 15019 N. Bristol Bay, Fountain Hills, AZ 85268, 480-837-3955
Property Location: 15019 N. Bristol Bay
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 and drainage easements located at the northeasterly property line of Plat 213, Block 1, Lot 26, (15019 N. Bristol Bay)
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 26 are required to pass the developed flows generated by
the upstream lots across their property.
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 2007-54.
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 2007-54
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 AND DRAINAGE
EASEMENTS AT THE NORTHEASTERLY PROPERTY LINE OF PLAT 213, BLOCK
1, LOT 26, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS,
PAGE 24, 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 and drainage easements, located at the
northeasterly property line of Plat 213, Block 1, Lot 26, Fountain Hills, as recorded in Book 155 of Maps,
Page 24, 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, Sept 20,
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
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TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 9/20/2007
Meeting Type: Regular
Agenda Type: Regular
Submitting Department: Planning & Zoning
Staff Contact Information: Richard A.G. Turner, AICP, Planning and Zoning Director, 480-816-5191, rturner@fh.az.gov
Strategic Priority: Not applicable
Council Goal: Not applicable
REQUEST TO COUNCIL: Consideration of the appointment of three (3) applicants to the Planning and Zoning
Commission.
Applicant: N/A
Applicant Contact Information: N/A
Property Location: N/A
Related Ordinance, Policy or Guiding Principle: Town of Fountain Hills Council Rules and Procedures, Section
9.5. G. “Whenever a vacancy has occurred on one board, commission, or committee procedures described in
Section 9.3 above will be used to generate applicants, interview applicants, and make a recommendation for a
potential appointee.”
Staff Summary (background): On September 30, 2007, the terms of three Planning and Zoning Commissioners will
end. Those Commissioners whose terms will end are Commissioner John Ewald, Commissioner Michael
Kasabuski and Commissioner Cecil Yates. Commissioner Yates was appointed to the Commission to complete
the remaining portion of a resigned position from June 22, 2007, until September 30, 2007. Staff advertised for
applicants in the “Times of Fountain Hills” on June 27 and July 4, 18, and 25, 2007. Also, the request was placed
on the Town’s web site, on Channel 11, posted at the Town receptionist’s desk and staff spoke with numerous
colleagues asking for their help in recruiting qualified candidates until the ending date/time of Friday July 27,
2007, at 12:00 p.m. noon. Five applications were received for three positions. The applicants are: John Ewald,
Michael Kasabuski, Cecil Yates, Clark Summerfield, and Lloyd E. Pew. The appointment of three Commissioners
would fill all positions on the Planning and Zoning Commission. The new appointees would join the existing
membership which are Chairman Dennis Brown, Vice-Chairman Jerry Caldwell, Commissioner Sherry Leckrone,
and Commissioner Paul McDonald
Risk Analysis (options or alternatives with implications): None
Fiscal Impact (initial and ongoing costs; budget status): None
Staff Recommendation(s): Staff is recommending the Mayor and Town Council consider appointing three of the
five applicants to fill openings on the Planning and Zoning Commission that will occur on September 30, 2007.
2 of 2
Staff Recommendation(s):
SUGGESTED MOTION: Move to approve the appointment of NAME, NAME, AND NAME to serve on the Planning and
Zoning Commission for a two year term beginning September 30, 2007.
Attachment(s): None
Submitted by:
___________________________ ____________
Planning and Zoning Director Date
Approved:
_______________________ _____________
Town Manager Date
Page 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: September 20, 2007
Meeting Type: Regular
Agenda Type: Regular
Submitting Department: Parks and Recreation
Staff Contact Information: Mark C. Mayer, Director of Parks & Recreation; (480) 816-5190; mmayer@fh.az.gov
Strategic Priority: Not applicable
Council Goal: Not applicable
REQUEST TO COUNCIL: CONSIDERATION of accepting a piece of art as recommended by the Fountain Hills Cultural
Council for placement in the community.
Applicant: N/A
Applicant Contact Information: N/A
Property Location: N/A
Related Ordinance, Policy or Guiding Principle: Public Art Master Plan
Staff Summary (background): The Public Art Master Plan, which was previously approved by the Town Council,
envisioned that over the ensuing ten year period forty pieces of art would be purchased, donated, and placed publicly on
display in the community. The Cultural Council is requesting that the Town consider the donation and placement of an
additional sculpture under this program. The bronze sculpture piece is titled, “The Self Made Man.” The piece is valued
at $55,000. The Cultural Council is requesting that the piece be placed adjacent to the Community Center entrance by
the edge of the library’s covered parking.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initial and ongoing costs; budget status): There will be a cost to the Town to install the piece of
approximately $2,000. The annual insurance premium for the piece will be $236.50.
Recommendation(s) by Board(s) or Commission(s): N/A
Staff Recommendation(s): Staff is recommending acceptance of the piece.
SUGGESTED MOTION: Move to ACCEPT a donated art piece as recommended by the Fountain Hills Cultural Council
for placement adjacent to the Community Center entrance.
Attachment(s): Picture of the sculpture; Site map
Submitted by:
_________________________________________
Mark Mayer, Parks & Recreation Director Date
Approved:
_________________________________________
Town Manager Date
Approved by:
_________________________________________
Department Director Date
SUGGESTED MOTION: Move to approve.
Attachment(s):
Resolution.
Exhibit A.
Letter from adjacent property owner Lynn Phelps.
Submitted by:
Randy Harrel, Town Engineer Date
Approved:
Town Manager Date
Approved by:
Tom Ward, Director of Public Works Date
RESOLUTION 2007-51
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS AT THE SOUTHEASTERLY PROPERTY LINE OF PLAT
212, BLOCK 1, LOT 18, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK
141 OF MAPS, PAGE 17, 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 and drainage easements, located at the
southeasterly property line of Plat 212, Block 1, Lot 18, Fountain Hills, as recorded in Book 141 of Maps,
Page 17, 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,
September 20, 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 1 of 2
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: September 6, 2007
Meeting Type: Regular
Agenda Type: Regular
Submitting Department: Administration
Staff Contact Information: Timothy G. Pickering, Town Manager, 480-816-5107, tpickering@fh.az.gov
Strategic Priority: Not applicable
Council Goal: Not applicable
REQUEST TO COUNCIL: DISCUSSION of AMENDING the Council Rules of Procedure to establish a method by
which a subcommittee of the Council will review the applications and interview those applicants for vacancies on
boards and commissions for the Council’s consideration of appointment.
Applicant: N/A
Applicant Contact Information: N/A
Property Location: N/A
Related Ordinance, Policy or Guiding Principle: A.R.S. Council Rules of Procedure, Section 9.2
Staff Summary (background):
Staff has been asked to place this item on the agenda for discussion purposes to determine if the Council would like to
consider a process that might significantly reduce the burden on the full Council with respect to the appointment process
in light of the tremendous amount of time currently devoted to review applications and participate in interviews related to
the Council board and commission appointment process.
Currently the Council follows the process under Section 9.2.:
(c) At a minimum, a quorum of the Fountain Hills Town Council will meet in executive session to review all applications
submitted for advertised vacancies on boards, commissions, or committees prior to staff scheduling interviews with the
qualified applicants in order to identify which qualified applicants will be interviewed. When more than eight (8)
applications are received, the Town Council shall determine which qualified applicants shall be interviewed.
(d) A minimum of quorum of the Fountain Hills Town Council shall interview those qualified applicants, which were
selected b y the Council, to fill the vacancies for boards, commissions, or committees based upon the applicants’ skills,
experience, and background as required under Section 9.3 below.
(e) It shall be at the Fountain Hills Town Council’s discretion if additional applicants will be interviewed at the conclusion of
the interviewing process.
This approach has served the Council’s well; however, the process as noted above requires a significant time
commitment from the Council.
Staff is looking to see if there is majority support for revising the Council Rules of Procedure to establish a rotating
subcommittee of Councilmembers to review all submitted applications for vacancies on boards and commissions and to
interview qualified applicants. This rotating subcommittee would then provide the full Council with their
recommendation(s) for consideration of appointment.
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 direct staff to prepare a resolution revising the Council Rules of Procedure to establish
a sub-committee of the Council to review all submitted applications for vacancies on boards and commissions for a
recommendation to Council for consideration of appointment.
Attachment(s): None
Submitted by:
________________________________________
Tim Pickering, Town Manager 9/12/07