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NOTICE OF THE EXECUTIVE AND
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:00 P.M. - 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, FEBRUARY 21, 2008
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
Vice Mayor Ginny Dickey Councilmember 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
interviewing one applicant for consideration of serving on the Strategic Planning Advisory
Commission.)
2.) RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Youth Minister David Taylor, First Baptist Church
• ROLL CALL – Mayor Nichols
• MAYOR’S REPORT
i) None
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) None
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 February 1 and 7, 2008.
2. CONSIDERATION of a PURCHASE AGREEMENT with Motorola for the purchase of fire
department mobile and portable radios, in the amount of $52,015.21.
3. CONSIDERATION of approving the CONTINUATION of a Special Use Permit (SU2007-13) for
extended operation hours for the Two Step Saloon located at 11056 N Saguaro Boulevard in the
C-C Zoning District.
4. CONSIDERATION of approving RESOLUTION 2008-09, repealing Resolution 2006-45 and
approving a memorandum of understanding between the Town of Fountain Hills and the Office of
State Fire Marshal relating to fire inspection service.
5. CONSIDERATION of a FINAL REPLAT of Redrock Business Center Three, AKA Plat 706, Lots
4 and 5, located at the northwest corner of Shea Boulevard and Monterey Drive (Case# S2008-03)
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REGULAR AGENDA
6. CONSIDERATION of a WORK ORDER with Markham Contracting in the amount of
$21,979 to construct a U-turn on Avenue Of the Fountains.
7. CONSIDERATION of a SITE PLAN FOR “Mobile West, LLC”, located at 11803
Saguaro Boulevard, to allow the sale of Golf Carts and related items on property located in
the C-3 zoning district. Case# PD2007-01.
8. CONSIDERATION of INITIATING amendments to Chapter 10 – Health and Sanitation
and to Chapter 12 – Traffic, of the Town Code. If adopted, the amendments would revise
the Town Code to bring the Town into compliance with the requirements of Senate Bill
1552 and the Maricopa Association of Governments Five Percent Plan for PM-10 measures.
9. CONSIDERATION of ORDINANCE 08-06, amending the Fountain Hills Town Code,
Chapter 10 – Health and Sanitation. If adopted, the amendment would revise the Town
Code to restrict the hours of operation for collection of refuse or recycling to between the
hours of 6:00 a.m. and 7:00 p.m. in all zoning districts.
10. CONSIDERATION of a Construction CONTRACT with ITS Engineering and
Constructors to construct a Traffic Signal at Palisades Boulevard and Sunridge Drive in the
amount of $359,419.20
11. CONSIDERATION for approving RESOLUTION 2008-02, accepting a "Public Utilities
and Facilities Easement" from the Sunridge Canyon Community Association for the traffic
signal.
12. PROGRESS REPORT on the established items of Council business:
a. Development fees adjustment
b. Downtown development agreement/C-2 Zoning to TCCD
c. Environmental policy
d. General access to the mountain preserve
e. Preparing a sound town financial future
f. State trust land/Ellman development agreement
g. Town Hall water feature at Avenue of the Fountains and La Montana Drive
h. Traffic control at Avenue of the Fountains and Saguaro.
13. SUMMARY of COUNCIL REQUESTS by Interim Town Manager.
14. COUNCIL DISCUSSION/DIRECTION to the Interim 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 15th day of February 2008.
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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Meeting of 2007-12-13 REGULAR SESSION
TOWN OF FOUNTAIN HILLS
MINUTES OF SPECIAL MEETING OF THE
PLANNING & ZONING COMMISSION
DECEMBER 13, 2007
Acting Chairman Jerry Caldwell opened the regular session of the Planning and Zoning Commission at
6:30 p.m.
Present for the roll call were the following members of the Fountain Hills Planning and Zoning
Commission: Acting Chairman Jerry Caldwell, Commissioner Cecil Yates, Commissioner Sherry
Leckrone, Commissioner Lloyd Pew and Commissioner Clark Summerfield. Planning and Zoning
Director Richard Turner, AICP, Senior Planner, Robert Rodgers and Executive Assistant and Recorder of
the Minutes, Janice Baxter were also present. Vice-Chairman Paul McDonald who was out of town and
Chairman Dennis Brown who was recovering from surgery were not able to attend the meeting.
CALL TO THE PUBLIC
No one came forward.
No Commissioners wished to speak.
REGULAR AGENDA
AGENDA ITEM #1 - Consideration of APPROVING the Planning and Zoning Commission Meeting
minutes from NOVEMBER 8, 2007, Special Session.
Commissioner Cecil Yates MOVED to approve the meeting minutes from the November 8, 2007,
Planning and Zoning Special Meeting, as presented. Commissioner Sherry Leckrone SECONDED. A
voice roll call was taken with the following results:
Commissioner Lloyd Pew aye
Commissioner Clark Summerfield aye
Commissioner Cecil Yates aye
Acting Chairman Jerry Caldwell aye
Commissioner Sherry Leckrone aye
The MOTION CARRIED, 5-0, by those present
AGENDA ITEM #2 Consideration of a Site Plan for the “ Mobile West, LLC” , to allow the sale of Golf
Carts and related items on property located in the C-3 zoning district. Project located at 11803 Saguaro
Boulevard. Case Number PD2007-01.
Robert Rodgers, Senior Planner gave the presentation and included a PowerPoint Presentation. Staff had
reviewed the proposal and believed that a finding may be made that the proposed plan would meet the
stated purpose of the zoning ordinance subject to the following stipulations:
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1. The applicant shall stripe and label the pavement in the outdoor display areas. The
applicant shall discontinue the display of items for sale in the plaza parking lot or public
right-of-way.
f-way.
2. All loading and unloading of any merchandise shall be done from the alley behind the
plaza. The applicant shall discontinue loading and unloading activities in the public
right-o
3. Final approval shall not be valid prior to the completion of all site improvements as
depicted and approved. Said improvements must be approved by the Town Engineer,
The Fire Department and the Planning & Zoning Administrator.
George Bridges, 13862 N. Hamilton Drive, applicant and owner of Mobile West, LLC was present to
answer questions from the Commission.
Commissioner Cecil Yates MOVED to approve the proposed site plan for Mobile West, LLC subject to
the stipulations as outlined in the staff report and give a recommendation to approve the site plan and
forwarded to the Town Council. Commissioner Clark Summerfield SECONDED.
A voice roll call was taken with the following results:
Commissioner Lloyd Pew aye
Commissioner Clark Summerfield aye
Commissioner Cecil Yates aye
Acting Chairman Jerry Caldwell aye
Commissioner Sherry Leckrone aye
The MOTION CARRIED, 5-0, by those present
AGENDA ITEM #3 REPORT from Director of Planning and Zoning.
(a) Distribution of information for the following applications:
1. Z2007-05 Revised from C-2 to TCCD.
2. Z2007-05 Revise TCCD Zoning District regulations.
Richard Turner explained to the Commissioners that the packet of information was provided to them in
order for them to be made aware of these requests before the public hearing. Mr. Turner explained that
staff’ s comments relating to the rezoning of C2- to Town Center Commercial District (TCCD) and a text
amendment to make changes in the TCCD zoning building height, set-backs, and provisions for shared
parking would be addressed at the January 10, 2008, Planning & Zoning Commission meeting. Staff was
also advertising for a January 17, 2008, date for these items to be heard by Town Council. Staff was in
the process of studying these possible changes before writing their reports. Staff’ s responsibility was to
make sure the additions and/or changes were in the best interest of the Town.
Acting Chairman Jerry Caldwell thanked staff for the advance information.
Richard Turner reminded the Commission that the Ellman Group Open House was this evening and
another meeting would be held next week at the Community Center for residents within 750-feet of this
new project.
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AGENDA ITEM #4 Consideration of the Cancellation of the December 27th, 2007 meeting due to the
holidays.
Commissioner Cecil Yates MOVED to approve the cancellation of the December 27, 2007, Planning and
Zoning Commission meeting due to the holidays. Commissioner Sherry Leckrone SECONDED.
A voice roll call was taken with the following results:
Commissioner Lloyd Pew aye
Commissioner Clark Summerfield aye
Commissioner Cecil Yates aye
Acting Chairman Jerry Caldwell aye
Commissioner Sherry Leckrone aye
The MOTION CARRIED, 5-0, by those present
AGENDA ITEM #5 COMMISSION DISCUSSION/REQUEST FOR RESEARCH TO ATHE
Planning and Zoning Administrator. Items listed below are related only to the propriety of (i) placing
such items on a future agenda for action or (ii) determining if a majority of Commissioners wish to
request staff to conduct further research and report back to the Commission.
None were requested.
AGENDA ITEM #6 SUMMARY OF COMMISSION REQUESTS by the Planning and Zoning
Administrator.
Nothing to summarize.
ADJOURNMENT.
Commissioner Sherry Leckrone MOVED to adjourn and the Commissioners SECONDED the motion.
The motion CARRIED (5-0), by those present.
The meeting ADJOURNED at 6:55 p.m.
FOUNTAIN HILLS PLANNING & ZONING COMMISSION
BY: ___________________________ ATTEST: ________________________________
Acting Chairman Jerry Caldwell fo Janice Baxter, Recorder of r
Dennis Brown, Chairman
ERTIFICATION
day of December 2007. I further
the Minutes
C
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the
Fountain Hills Planning and Zoning Commission held on the 13th
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ertify that the meeting was duly called and that a quorum was present.
Dated this 13th day of December 2007.
Janice Baxter, Recorder of the Minutes
c
_______________________________
ORDINANCE 08-06
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA AMENDING THE TOWN OF FOUNTAIN
HILLS TOWN CODE, CHAPTER 10, HEALTH AND SANITATION, TO ADD
A NEW SUBSECTION 10-1-9, GARBAGE AND/OR RECYCLING
COLLECTION HOURS.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Fountain Hills Town Code, Chapter 10, Health and Sanitation, is
hereby amended to add a new subsection 10-1-9, Garbage and/or Recycling Collection Hours, to
read as follows:
10-1-9 Garbage and/or Recycling Collection Hours
Garbage Haulers shall collect garbage and/or recyclable material only between the
hours of 6:00 a.m. and 7:00 p.m.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, February 21, 2008.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kathleen M. Zanon, Interim Town Manager Andrew J. McGuire, Town Attorney
824052.1