HomeMy WebLinkAboutBA.2012.1218.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF A MEETING OF THE
BOARD OF ADJUSTMENT
DECEMBER 18,2012
A public meeting of the Fountain Hills Board of Adjustment was convened and called to order
by Chairman Paul Ryan at 6:30 p.m. Tuesday, December 18, 2012, in the Town Hall Council
Chambers located at 16705 E. Avenue of the Fountains,Fountain Hills,Arizona.
AGENDA ITEM #1 CALL TO ORDER, PLEDGE TO THE FLAG, MOMENT OF
SILENT REFLECTION,AND ROLL CALL.
Present for the meeting were Chairman Paul Ryan, Vice-Chairman Carol Perica, John Kovac
III, Nick Sehman and Gary Glunz. Also present were Robert Rodgers, Senior Planner and
Janice Baxter Executive Assistant and recorder of the minutes.
Presiding Chairman Paul Ryan present
Vice-Chairman Carol Perica present
Board Member John Kovac present
Board Member Nick Sehman present
Board Member Gary Glunz present
C
AGENDA ITEM #2 CONSIDERATION of the Board of Adjustment meeting minutes for
March 20, 2012.
Board Member John Kovac made a MOTION to approve the meeting minutes from the
March 20, 2012, Board of Adjustment meeting. Vice-Chairman Carol Perica SECONDED
and the MOTION passed 5-0.
Roll call:
Board Member John Kovac aye
Vice-Chairman Carol Perica aye
Chairman Paul Ryan aye
Board Member Nick Sehman aye
Board Member Gary Glunz aye
AGENDA ITEM #3 PUBLIC HEARING to receive comments on the application of Robert
Sykes at property located at 16506 E. Lost Arrow Drive, Fountain Hills, AZ for two
VARIANCES from the Town of Fountain Hills Zoning Ordinance.
1. Variance from Section 7.03.A.5.a to allow a second driveway within 30' of an
existing driveway on the same property.
2. Variance for Section 7.03.A.5.i.iii to allow a driveway within 50' of a street
411) intersection.
Board of Adjustment Meeting Minutes
December 18,2012
Page 1 of 4
Robert Rodgers, Senior Planner made the presentation and included a PowerPoint Presentation
[See Exhibit"Al. Mr. Rodgers stated that staff did not object to the installation and believed
that the four findings noted had been adequately addressed. Mr. Rodgers also stated when
asked if the Town Engineer had reviewed the proposal,that Mr. Harrel had determined that no
safety issues appeared to be created if the driveway was installed as proposed.
Public Hearing Opened at 6:40 P.M.
Applicant and Architect Stan J. Connick of Stan J. Connick& Associates spoke to the Board.
The owner of the property Robert Sykes also spoke to the Board and was available to answer
questions from the Board Members.
Joe Ortega, neighbor of the property located at 16506 E. Lost Arrow Drive, submitted to the
Board a letter of opposition from Howard Harris, Attorney at Law (Illinois) Real Estate
Transactions Consultant, for the Board's consideration. Chairman Paul Ryan read the letter
out-loud; for the record. (See Exhibit"B")
Joe Ortega also spoke against the approval of the variance. (See Exhibit"C").
AGENDA ITEM #4 CONSIDERATION of the application of Robert Sykes at property
located at 16506 E. Lost Arrow Drive, Fountain Hills, AZ for two VARIANCES from the
Town of Fountain Hills Zoning Ordinance.
• 1. Variance from Section 7.03.A.5.a to allow a second driveway within 30' of an
existing driveway on the same property.
2. Variance for Section 7.03.A.5.i.iii to allow a driveway within 50' of a street
intersection.
Chairman Paul Ryan asked the Board if they had any further questions. No questions were
presented by the Board Members.
Chairman Paul Ryan asked for a motion on Variance Section 7.03.A.5.a.
Vice-Chairman Carol Perica moved to find that the applicant had satisfactorily demonstrated
that they met the four required criteria as listed in the staff report and that the Board of
Adjustment grant the requested Variance from Section 7.03.A.5.a to allow a second driveway
within 16' 5-3/4" of an existing driveway on the same property. Board Member John Kovac
SECONDED the MOTION. The MOTION passed 5-0.
A roll call vote was taken:
Chairman Paul Ryan aye
Vice-Chairman Carol Perica aye
Board Member John Kovac aye
Board Member Nick Sehman aye
Board Member Gary Glunz aye
Board of Adjustment Meeting Minutes
December 18, 2012
Page 2 of 4
Chairman Paul Ryan asked for a motion on Variance Section 7.03.A.5.i.iii.
Board Member John Kovac made a MOTION to find that the applicant had satisfactorily
demonstrated that they met the four required criteria as listed in the staff report 7.03.A.5.i.iii to
allow a driveway within 48' of a street intersection. Vice-Chairman Carol Perica
SECONDED the MOTION. The MOTION passed 5-0.
A roll call vote was taken:
Vice-Chairman Carol Perica aye
Board Member John Kovac aye
Board Member Nick Sehman aye
Board Member Gary Glunz aye
Chairman Paul Ryan aye
AGENDA ITEM#5 CONSIDERATION of ratifying the Board of Adjustment By-Laws that
had been amended to change staff's title and the department name. Also, sections had been
amended to clarify intent regarding public notice, application withdrawals, parliamentary
procedures,voting, and file retention.
Chairman Paul Ryan asked the Board Members if they had any questions concerning the
amended changes presented by Staff. No questions were presented.
110 Vice-Chairman Carol Perica made a MOTION to APPROVE and ratify the Board of
Adjustment By-Laws that had been amended to change staffs title and the department name.
Also, sections had been amended to clarify intent regarding public notice, application
withdrawals, parliamentary procedure, voting, and file retention. Board Member John Kovac
SECONDED the MOTION. The MOTION passed 5-0.
A roll call vote was taken:
Board Member John Kovac aye
Board Member Nick Sehman aye
Board Member Gary Glunz aye
Chairman Paul Ryan aye
Vice-Chairman Carol Perica aye
Mr. Rodgers stated that the ratified Board of Adjustment By-Laws would be forwarded to
Town Council for approval on Thursday,January 17, 2013.
AGENDA ITEM#6 ADJOURNMENT.
Chairman Paul Ryan made a MOTION to adjourn the meeting and Vice-Chairman Carol
Perica SECONDED. The MOTION passed 5-0. The meeting adjourned at 7:01 p.m.
Board of Adjustment Meeting Minutes
December 18,2012
Page 3 of 4
So,,., FOUNTAIN HILLS BOARD OF ADJUSTMENT
) •
BY' 1 ATTEST: 1 .
Chairman Paul Ryan lice E. Baxter, Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the
meeting of the Fountain Hills Board of Adjustment held on the 18th day of December 2012. I
further certify that the meeting was duly called and that a quorum was present.
Dated this 18th day of December 2012. A. °,4
nice E. Baxter,Executive Assistant
•
Board of Adjustment Meeting Minutes
December 18,2012
Page 4 of 4
12/20/2012
Town of Fountain Hills M� � -
Staff Presentation e
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Variance
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s Variance Criteria
e: 1.Special circumstances or conditions exist regarding the land,building,
or use referred to in the application, which do not apply to other
properties in the district.
2.The above special circumstances or conditions are pre-existing and are
not created or self-imposed by the owner or applicant.
1 3.The variance is necessary for the preservation of substantial property
rights. Without a variance the property cannot be used for purposes
otherwise allowed in the district.
4.The authorizing of the variance will not be materially detrimental to
persons residing or working in the vicinity,to adjacent property,or to the
-. neighborhood or the public welfare.
Exhibit "A " 1
HOWARD HARRIS
.. ATTORNEY AT LAW (ILLINOIS)
REAL ESTATE TRANSACTIONS CONSULTANT
16529 E. LOST ARROW DR. #1
FOUNTAIN HILLS, ARIZONA 85268
PHONE: (480) 836 4338: FAX: (480) 304 3078
CELL (480) 586-0339
EMAIL: azhowardharris(a gmail.com
December 18, 2012
The Town of Fountain Hills
Re: Variance Request-Driveway
16506-98 Lost Arrow Dr.
-• Gentlemen;
I am unable to attend this evenings meeting regarding the captioned Variance
Request.
L
While do understand why the Applicant has requested the Variance I have an
issue regarding safety.
If you are familiar with the I' intersection of La Montana& Lost Arrow Dr. you
know that if are making a left hand turn off La Montana onto Lost Arrow Dr. you are
going to be facing a very dangerous situation. Drivers come over the hill which is just a
few feet past Lost Arrow Dr. at a very fast and unsafe speed.
Creating a new driveway will substantially increase the danger. A driving making
the left hand turn might well be faced with being blocked by a car exiting the driveway.
That would require that driver to stop or materially slow down thereby exposing the
driver to cars coming over the hill, which the driver cannot see or anticipate. Combine
that with the fact that the driver coming over the hill cannot see the driver turning left.
A solution to the existence of an present dangerous situation and the Applicant's
request for a Variance would be either a Stop Sign at Lost Arrow Dr. and La Montana, or
a warning sign and a substantial speed bump at the base of the hill.
Absent the town's willingness to erect a Stop Sign or install warning signage
along with a speed bump safety has to take precedence over the Applicant's desire to
have an additional driveway.
Exhibit "B"
Thank you for your consideration.
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4c°� am REQUEST TO SPEAK CARD
111111t Please submit this card prior to the discussion of the item listed below.
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Meeting Date I Z - 2012-.
Name/Phone No. 662 f20--5 79
City/Town -?—c,9c,._J—.4t; A
Title/Organization (1)ge Otiklee I am representing (# of people)
g YES, 1 wish to speak or ❑ NO, I do not wish to speak,but have indicated my position: ❑ FOR It AGAINST
0 CALL TO THE PUBLIC
I PUBLIC HEARING ITEM NO. 3
❑ AGENDA ITEM NO.
PLEASE PRINT
Comments:
Thank you for participating in your Town government. Your comments are an im] /�r
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Please fill out the comment card completely and turn it into the Clerk prior to the Cou Exhibit �
prior to the beginning of the meeting.
(Please see reverse for procedural information on addressu
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O i11 Planning & Zoning
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PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that on Tuesday, December. 18, 2012 at 6:30
P.M. in the Town Council Chambers located at 16705 E. Avenue of the Fountain,
Fountain Hills, Arizona, The Fountain Hills Board of Adjustment will hold a
PUBLIC HEARING to receive comments on the application of Robert Sykes at
-property located at 16506 E. Lost Arrow Drive, Fountain Hills, AZ for two
requested VARIANCES from the Town of Fountain Hills Zoning Ordinance:
1. Variance from Section 7.03.A.5.a to allow a second driveway within 30' of
an existing driveway on the same property.
2. Variance from Section 7.03.A.5.i.iii to allow a driveway within 50' of a street
intersection.
Case #V2012-02
A complete copy of the proposal is available for viewing in the Fountain Hills Development
Services Office, Monday through Thursday, 7:00 AM— 6:00 PM.
Published 11/28/2012 & 12/5/2012
�AINyj TOWN OF FOUNTAIN HILLS
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AGENDA ACTION FORM
that is 01"
Meeting Date: 2/21/2013 Meeting Type: Regular Session
Agenda Type: Consent Submitting Department: Development Services
Staff Contact Information: Robert Rodgers, Senior Planner (480) 816-5138 rrodgers@fh.az.gov
Strategic Values: Not Applicable (NA) Council Goal: Not Applicable (NA)
REQUEST TO COUNCIL (Agenda Language):
CONSIDERATION of RESOLUTION 2013-09, APPROVING THE BOARD OF ADJUSTMENT BY-LAWS that
have been amended to change staff's title and the department name. Also, sections have been amended to
clarify intent regarding public notice, application withdrawals, parliamentary procedure, voting, and file
retention.
'applicant: Fountain Hills Board of Adjustment
Applicant Contact Information: Bob Rodgers, Senior Planner
Property Location: NA
Related Ordinance, Policy or Guiding Principle:
Fountain Hills Town Code; Article 2-8 — Board of Adjustment
Fountain Hills Zoning Ordinance; Section 1.07 — Board of Adjustment
Staff Summary (background):
The Board of Adjustment has updated their operating bylaws to reflect numerous changes in staffing, and
regulations governing their responsibilities and performance.
Risk Analysis (options or alternatives with implications): None
Fiscal Impact (initial and ongoing costs; budget status): None
Budget Reference (page number): NA
Funding Source: NA
If Multiple Funds utilized,list here: NA
Budgeted; if No, attach Budget Adjustment Form: NA
Recommendation(s) by Board(s) or Commission(s):
The Board of Adjustment voted unanimously to recommend approval of the revised Bylaws.
Staff Recommendation(s): Staff recommends approval of the revised Bylaws.
' ist Attachment(s): Draft Resolution #2013-09
Revised Board of Adjustment Bylaws
Page 1 of 2
Res#2013-09
SUGGESTED MOTION (for Council use):
Move to approve RESOLUTION 2013-09, approving the board of adjustment by-laws as outlined in the staff
port.
Prepared by:
Wo6ert Rodgers
Robert Rodgers,Senior Planner 2/12/2013
Director's Approval:
Paul Mood,Development Services Director 2/12/2013
Approved:
Ken Buchanan,Town Manager 2/13/2013
Page 2 of 2
RESOLUTION NO. 2013-09
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE TOWN OF FOUNTAIN
HILLS BOARD OF ADJUSTMENT BYLAWS, AMENDED AND RESTATED
FEBRUARY 21, 2013.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. The Town of Fountain Hills Board of Adjustment Bylaws, Amended and
Restated February 21, 2013, are hereby approved in substantially the form attached hereto as
Exhibit A and incorporated herein by reference.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps 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,
Arizona, February 21, 2013.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney
1877490.1
EXHIBIT A
TO
RESOLUTION NO. 2013-09
[Board of Adjustment Bylaws, Amended and Restated February 21, 2013]
See following pages.
•
•
•
1877490.1
•
THE TOWN OF FOUNTAIN HILLS
�.., BOARD OF ADJUSTMENT BYLAWS
Amended and Restated February 21,2013
I. ORGANIZATION
A. Officers and Staff.
1. The Board shall elect a Chair and Vice-Chair annually from among its
appointed members at the first meeting held following the first day of
February each year.
a. The term of Chair and Vice-Chair shall be from the first day of
February of the year of his/her appointment until the first day of
February in the following year, regardless of the date upon which
the Chair is elected. Any member serving as Chair or Vice-Chair
shall be eligible for re-election.
b. The Vice-Chair shall act as Chair in the Chair's absence. In the
absence of the Chair and Vice-Chair, the senior-most member,
based upon years of membership, shall act as Chair Pro Tern. If
two or more members have equal seniority on the Board, the Chair
Pro Tem shall be selected by a majority vote of those Board
® members present at the meeting at which the Chair Pro Tern is
required. If no majority vote is achieved, the Chair Pro Tern shall
be selected by the Board's recording secretary.
c. Any vacancy for Chair or Vice-Chair as may occur for any reason
shall be filled from the Board membership by majority vote of the
Board at the next meeting where a quorum of the Board is present.
d. The Chair or Vice-Chair may be removed from Office at any time
by a majority vote of the full Board.
2. The Chair shall (a) preside at all meetings and hearings of the Board; (b)
perform any duties required by law, ordinance or these bylaws; (c) have
the right to vote on all matters before the Board; (d) have the right to make
or second motions; and (e) administer oaths, take evidence and rule on
points of order during any board proceeding, after consultation with legal
counsel assigned to the Board.
3. A representative of the Town staff shall serve the Board as the recording
secretary for Board proceedings.
1881984.1
II. MEETINGS
A. Regular Meetings.
1. Regular meetings shall be held as needed on the third Tuesday of each
month at 6:30 P.M. Whenever a legal holiday is the same day as
scheduled for a meeting, such meeting shall be held on the next regular
meeting date.
2. Regular meetings of the Board shall be open to the public and the minutes
of the proceedings, showing the vote of each member and records of its
examinations and other official action shall be filed in the Development
Services Department as a public record. For any matter under
consideration, any person may speak to the issue upon being recognized
by the Chair and stating their name and address and the names of any
persons on whose behalf they are appearing.
3. The Board may, by a single consent motion, approve any number of
applications where the Board, staff, and applicant are in agreement and
where, after call and invitation by the Chair to do so, no member of the
Board or general public wishes to address any particular item designated
for consent action by the Board. Should any member of the Board, Staff
or public so request, the Board shall then withdraw it from the consent
agenda for the purpose of public discussion and separate action.
4. Regular meetings of the Board shall be held in Council Chambers of Town
Hall, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona, 85268,
unless space limitations prevent use of Council Chambers, at which point
the meeting may be advertised for another Town facility.
B. Special Meetings.
1. Special meetings for any purpose may be held on the call of the Chair or
request of three or more members at least three business days before the
special meeting. At least 24 hours notice shall be given to the general
public by posting such notice and the Agenda for the Special meeting in
accordance with Section 2-4-3 of the Town Code, as amended.
2. Special meetings of the Board shall be held in Council Chambers of Town
Hall, 16705 E. Avenue of the Fountains, Fountain Hills, Arizona, 85268,
unless space limitations prevent use of Council Chambers, at which point
the meeting may be advertised for another Town facility.
C. Executive Sessions. The Board may hold an executive session closed to the
public during a regular or special meeting to receive legal advice from legal
Coof counsel assigned to the Board related to matters listed on the agenda for the Board
for that meeting.
1881984.1
2
D. Notice of Meetings and Hearings. Written notice of all meetings shall be made
available to Board Members at least three days before the date of the meeting.
E. Quorum. A majority of the members of the Board shall constitute a quorum for
transacting business at any regular meeting. No action shall be taken at any
regular meeting in the absence of a quorum, except to adjourn the meeting to a
subsequent date. The affirmative vote of a quorum of the members shall be
required for passage of any matter before the Board.
F. Agenda. An agenda shall be prepared by Town Staff for each regular meeting or
special meeting and executive session of the Board. The agenda shall include the
various matters of business as scheduled for consideration by the Board.
III. ORDER OF BUSINESS
A. Meeting Procedure.
1. The hearing may be informal and need not be conducted according to
judicial rules of evidence; all relevant evidence will be considered.
a. The Chair may exclude irrelevant or redundant testimony and
make certain other rulings as may be necessary for the orderly
conduct of the proceedings, while ensuring basic fairness and a full
airing of the issues involved. Evidentiary objections shall be
waived unless made timely during the hearing.
b. Any documentary or physical evidence supporting the granting or
denial of an application shall be submitted to the Development
Services Department not later than seven days prior to the
scheduled Board meeting. A list of witnesses to be called at the
Board meeting shall be submitted to the Development Services
Department not later than seven days before the scheduled Board
meeting.
2. The Board may continue the hearing up to 21 days on any application or
other matter for which the applicant fails to appear, unless the applicant
has requested in writing that the Board act without the applicant's
presence at the hearing; provided, however, the Board may hear those
persons requesting to speak in response to the notice of hearing.
a. Witnesses shall be sworn by the Chair prior to the taking of
testimony. Witnesses may be sworn as a group prior to the
presentation of the staff report. Opposing parties shall be provided
the opportunity to cross-examine witnesses.
1881984.1
3
b. A member who is absent from any portion of a hearing conducted
by the Board may vote on the matter at the time it is acted upon by
the Board, provided that he or she (i) has listened to the tape
recording made or reviewed the minutes of any portion of the
hearing from which he or she was absent and (ii) states for the
record prior to voting that he or she deems himself or herself to be
familiar with the record. A member who misses only the
presentation of the staff report may vote on the matter at the time it
is acted upon by the Board.
3. In order to expedite the conduct of the hearing, the Chair may limit the
amount of time that each person may use in addressing the Board. The
Chair may also limit the total time allotted for speakers and testimony
upon a particular issue in order to avoid repetitious and cumulative
evidence. Any time limits shall be established at the beginning of the
Board meeting,prior to the staff report or presentation of any evidence.
4. The burden of proof of all legal prerequisites to the granting of the relief
or action sought shall be upon the party requesting such relief or action.
B. Voting.
1. After all evidence has been submitted to the Board, each case shall be
heard, considered and acted upon in a public meeting.
2. In taking action on any application or other matter,the Board may approve
or deny the application or may reverse, affirm, wholly or partially, or
modify the order or decision of the Zoning Administrator appealed from,
and make such order, request, decision or determination as necessary. In
these actions, the Board shall be guided by the provisions of the Zoning
Ordinance and Subdivision Ordinance.
3. By majority vote, the Board may defer action on any matter when it
concludes that additional time for further study or input is necessary. If
continued, any public hearing shall be continued to a certain date.
4. A majority vote of a quorum the Board members shall be required to take
official action. When a motion in favor of any application or other matter
fails to receive the required majority votes, it shall be entered into the
minutes as a vote to deny the action being considered. In the event that
there is no motion, or the motion dies for lack of a second, it shall be
entered into the minutes as a denial of the application being considered.
Nothing herein shall prevent any member from making a subsequent
motion on any matter where a prior motion is not approved by the
majority vote of a quorum.
ID
1881984.1
4
. . r
5. A member shall abstain from voting or participating in any manner if such
member has a conflict of interest in the case under consideration, as set
forth in ARIz.REV. STAT. § 38-501, et seq., as amended.
6. Except for members with conflicts of interest, each member attending
shall be entitled to one vote. The minutes of the proceedings shall indicate
the vote of each member on every matter acted upon, and shall indicate
any absence or failure to vote. No member shall be excused from voting
except on matters involving the consideration of their own official conduct
or such matters referred to in Section III(B)(5) of these Bylaws.
7. A motion to adopt or approve staff recommendations or simply to approve
the action under consideration shall, unless otherwise particularly
specified, be deemed to include adoption of all proposed findings and
authorizations for execution of all actions recommended in the staff report
on file in the matter.
IV. OFFICIAL RECORDS
A. Retention of Files. The official records of the Board shall include these rules and
regulations, minutes of meetings, resolutions and its adopted reports, which shall
be deposited with the Development Services Department and which shall be
available for public inspection during customary office hours. All applications
and other matters coming before the Board shall be filed in the Development
Services Department in accordance with that Department's general filing system.
Original papers of all applications and other matters shall be retained for not less
than ten years after the date of application. Thereafter, such matters may be
archived, along with other special matters, as the recording secretary deems
essential for permanent record.
B. Recording of Meetings. All public meetings of the Board may be recorded by
electronic device. Any person desiring to have a meeting recorded by an
electronic device or by a stenographic reporter, at his/her own expense, may do
so, provided that (1) he/she consult the Board's recording secretary to arrange
facilities for such recording prior to the commencement of the meeting and (2)
such recording does not otherwise disrupt the proceeding.
V. AMENDMENTS
The Board may recommend amendments to these bylaws by majority vote of all
members of the Board at any meeting of the Board, provided that notice of said proposed
amendment is given to each member in writing at least seven business days prior to the
meeting at which the amendment will be considered. If recommended for approval by
the Board, such amendment shall be forwarded to the Town Council for approval and, if
so approved, shall be implemented at the next regular meeting of the Board.
•
1881984.1
5
lyTAIN TOWN OF FOUNTAIN HILLS
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AGENDA ACTION FORM
Meeting Date: December 18, 2012 Agenda Type: Regular
Meeting Type: Regular Submitting Department: Development Services
Staff Contact Information: Bob Rodgers, Senior Planner,480-816-5138, rrodgers@fh.az.gov
REQUEST TO BOARD OF ADJUSTMENT:
CONSIDERATION of ratifying the Board of Adjustment By-Laws that have been amended to change staffs title and the
department name Also, sections have been amended to clarify intent regarding public notice, application withdrawals,
parliamentary procedure, voting, and file retention.
Applicant: Town of Fountain Hills
Applicant Contact Information: Development Services Department
16705 E. Avenue of the Fountains,
(480) 816 - 5122
Property Location: N/A
Related Ordinance, Policy or Guiding Principle:
2007 Board of Adjustment By-Laws
Staff Summary (background):
This action is administrative and clerical in nature and does not affect the purpose and intent of the Board of Adjustment.
Risk Analysis (options or alternatives with implications): N/A
Fiscal Impact (initial and ongoing costs; budget status): N/A
Staff Recommendation(s):
Staff recommends that the Board of Adjustment approve the amended Bylaws as written.
SUGGESTED MOTION: Move to approve and ratify the Board of Adjustment By-Laws that have been amended to
change staff's title and the department name Also, sections have been amended to clarify intent regarding public notice,
application withdrawals, parliamentary procedure, voting, and file retention
Attachment(s): Draft Board of Adjustment Bylaws
Submitted by: Approved by:
Zobert Wpdgers
Name/Title Date Development Services Director Date
Page 1 of 2
Meeting of 2007-8-02 Regular and Executive Session
TOWN OF FOUNTAIN HILLS 3
MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
August 2,2007
CALL TO ORDER
Mayor Nichols called the meeting to order at 6:00 p.m.
ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION
ROLL CALL— Present for roll call were the following members of the Fountain Hills Town Council:
Mayor Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan, Councilmember
Archambault and Councilmember Dickey. Councilmember Schlum was excused from the meeting.
VOTE TO GO INTO EXECUTIVE SESSION - PURSUANT TO 0"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. 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 REVIEWING APPLICATIONS 441)
RECEIVED FOR CONSIDERATION FOR THE VACANCY ON THE PARKS AND RECREATION
COMMISSION.)
Councilmember Dickey MOVED to convene the Executive Session and Councilmember Archambault
SECONDED the motion,which CARRIED UNANIMOUSLY by those present(6-0).
Vice Mayor McMahan MOVED to adjourn the Executive Session and Councilmember Archambault
SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). The meeting
adjourned at 6:09 p.m.
RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Nichols called the meeting to order at 6:30 p.m.
• INVOCATION— Pastor Larry Finch,Four Peaks Community Church
ROLL CALL— Present for roll call were the following members of the Fountain Hills Town Council:
Mayor Nichols, Councilmember Kehe, Councilmember Leger, Vice Mayor McMahan, Councilmember
Archambault and Councilmember Dickey. Town Attorney Andrew McGuire, Town Manager Tim
Pickering, and Town Clerk Bev Bender were also present. Councilmember Schlum was excused from
the meeting.
'44)
Page 1 of 17
r•
• • MAYOR' S REPORT
(i) Proclamation declaring August 2007 Drowning Impact Awareness Month
Mayor Nichols stated that Drowning Impact Awareness Month would raise awareness regarding the fact
that the number and impact of child drownings in Arizona affected everyone and the drowning incidents
in the State took the lives of the equivalent of a classroom of children each year. The Mayor said that
families could take simple steps to protect their children around water to avoid the tragedy of the
unnecessary loss of life and added that water safety remained a priority for Arizona families,
communities, government and Water Watchers at Phoenix Children' s Hospital. He noted that keeping
children healthy and safe was the goal of Water Watchers at Phoenix Children' s Hospital, Fire
Departments and other prevention institutions in Arizona and added that raising awareness would
increase understanding and education of effective ways to prevent drownings. Mayor Nichols said that it
was his honor to proclaim August 1 through August 21, 2007 as " Drowning Impact Awareness Month"
in Fountain Hills.
• SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i)Department Division Informational Overview of Services Provided— Building Safety(Chief
Building Official Peter Johnson).
Town Manager Tim Pickering advised that as part of an ongoing program, this evening Chief Building
Official Peter Johnson would provide an overview of the services provided by the Building Safety
Department.
• Mr. Johnson addressed the Council and read his Department' s Mission Statement into the record as
follows: "The Building Safety Division of the Planning and Zoning Department is dedicated to providing
the highest quality construction permitting, plan review and building inspection services in a responsive
and customer friendly manner." He noted that the Department was cognizant of the importance of being
responsive to the needs of the community. He added that the Division was under the Planning and
Zoning Department, headed by Richard Turner, and had eight employees. He outlined the various codes
adopted by the Division and said that they had also adopted amendments to the Codes, the most
significant one being a requirement for fire sprinklers for all building structures within the community.
He emphasized that the purpose of the model codes was to safeguard the publics' health, safety and
welfare and provide minimum standards for construction. He said that staff' s goal was to ensure that the
standards were met.
Discussion ensued relative to the Division' s plan review process, the timely issuance of permits,
inspections, and Certificates of Occupancy.
Mr. Johnson provided in-depth information relative to the Building Safety Divisions operations and goals
and discussed the coordinated effort that takes place in order to ensure that the processes carried out were
efficient, effective and customer oriented. He also outlined his varied responsibilities and indicated his
willingness to respond to questions from the Council.
In response to a question from Councilmember Archambault,Mr.Johnson explained that Building Codes
were on a three-year cycle and said that the 2006 Codes were out right now and some cities in the Valley
were beginning to adopt them. He had already purchased the Codes for the Town with the anticipation
that they would be approved by the Council when presented this winter. He added that his staff would be
. fully certified through the International Council of Building Officials and noted that once they receive
certification in each of the model codes, both residential, commercial and plan review, continuing
Page 2 of 17
education credits must be earned by attending ongoing education to maintain the certifications.
'441)
Mr. Pickering commented that when he was appointed Town Manager, one of the rumors floating around
was that it was very difficult to build in the Town and during the five years he had been with the Town
(the same amount of time Mr. Johnson had been in the Town' s employ) that had not been the case. He
informed the Council that he hardly receives any complaints regarding the Building Safety Division and
commended staff on their excellent performance.
Mayor Nichols thanked Mr. Johnson for his presentation and commended him and his staff on their
performance.
CALL TO THE PUBLIC
There were no citizens wishing to speak at this time.
CONSENT AGENDA
Councilmember Kehe requested that Agenda Item#13 be removed from the Consent Agenda and placed
on the Regular Agenda.
Mayor Nichols advised that Agenda Item#13 would be the first item on the Regular Agenda.
AGENDA ITEM#1 — CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING
MINUTES OF JUNE 21,2007.
AGENDA ITEM#2 — CONSIDERATION OF APPROVING THE LIQUOR LICENSE
APPLICATION FOR SWASOOK KIM (KATANA INC.,DBA KATANA SUSHI & GRILL) FOR
A CLASS 12 — RESTAURANT LICENSE, LOCATED AT 16425 EAST PALISADES
BOULEVARD,#103,FOUNTAIN HILLS,AZ.
AGENDA ITEM #3 — CONSIDERATION OF APPROVING THE LIQUOR LICENSE
APPLICATION FOR PHILIP JESSE GREEN (OB SPORTS, F/B MANAGEMENT (EM) LLC,
DBA GOLF CLUB AT EAGLE MOUNTAIN) FOR A CLASS 6 — BAR LICENSE, LOCATED
AT 14915 EAST EAGLE MOUNTAIN PARKWAY,FOUNTAIN HILLS.
AGENDA ITEM #4 — CONSIDERATION OF APPROVING A PURCHASE AGREEMENT
WITH FIVE STAR FORD FOR ONE 4X2 FORD ESCAPE IN THE AMOUNT OF$27,747.29.
AGENDA ITEM#5— CONSIDERATION OF APPROVING THE CONTRACT WITH SUMMIT
EMERGENCY EQUIPMENT TO BUILD ONE FIRE PUMPER, TO BE DELIVERED WITHIN
270 DAYS AFTER COUNCIL APPROVAL. COST NOT TO EXCEED$367,127.00.
AGENDA ITEM #6 — CONSIDERATION OF APPROVING RESOLUTION 2007-41,
ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE
CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE
NORTHERLY AND WESTERLY PROPERTY LINES OF PLAT 605D, BLOCK 1, LOT 11
(15236 E. MUSTANG DRIVE) AS RECORDED IN BOOK 164 OF MAPS, PAGE 15, RECORDS
OF MARICOPA COUNTY,ARIZONA. EA07-14(REMMERS).
AGENDA ITEM #7 — CONSIDERATION OF APPROVING RESOLUTION 2007-42,
ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE
CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE
SOUTHWESTERLY PROPERTY LINES OF PLAT 111, BLOCK 2, LOT 2, (16413 E.
Page 3 of 17 -
HEATHER DRIVE) AS RECORDED IN BOOK 150 OF MAPS, PAGE 12, RECORDS OF
MARICOPA COUNTY,ARIZONA. EA07-15 (MAHONEY).
Nur
AGENDA ITEM #8 — CONSIDERATION OF APPROVING RESOLUTION 2007-43,
ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN A
PORTION OF THE CERTAIN PUBLIC UTILITY EASEMENT LOCATED AT THE
SOUTHWESTERLY PROPERTY LINE OF PLAT 111, BLOCK 8, LOT 2 (16413 E.
ASHBROOK DRIVE, #B) AS RECORDED IN BOOK 150 OF MAPS, PAGE 12, RECORDS OF
MARICOPA COUNTY,ARIZONA. EA07-16(HAMILTON).
AGENDA ITEM #9 — CONSIDERATION OF RESOLUTION 2007-46, ABANDONING
WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE PORTION OF THE
DRAINAGE EASEMENT LOCATED AT THE NORTHERLY PROPERTY LINE OF PLAT
401A, BLOCK 1, LOT 13B (17008 E. JACKLIN DR.) AS RECORDED IN BOOK 155 OF MAPS,
PAGE 11, RECORDS OF MARICOPA COUNTY, ARIZONA. EA07-07 (FH QUALITY
BUILDERS LP).
AGENDA ITEM #10 — CONSIDERATION OF RATIFYING THE BOARD OF ADJUSTMENT
BY-LAWS THAT HAVE BEEN AMENDED TO CHANGE THE DAY OR REGULAR
MEETINGS, ADDRESS OF MEETING LOCATION, NAME OF TOWN DEPARTMENT AND
THE TITLE OF THE DEPARTMENT DIRECTOR.
AGENDA ITEM #11 — CONSIDERATION OF APPROVING RESOLUTION 2007-36,
DECLARING SUPPORT FOR UPDATING THE GENERAL PLAN 2002.
AGENDA ITEM #12 — CONSIDERATION OF A REPLAT OF PLAT 208, BLOCK 3, LOTS 32,
33 AND 34, LOCATED AT THE SOUTHWEST CORNER OF PARKVIEW AVENUE AND
VERDE RIVER DRIVE,INTO TWO LOTS. CASE#S2007-09.
Councilmember Archambault MOVED to approve the Consent Agenda as listed (with Item #13 moved
to the Regular Agenda) and Councilmember Dickey SECONDED the motion.
A roll call vote was taken with the following results:
Councilmember Kehe Aye
Councilmember Schlum Absent
Councilmember Leger Aye
Councilmember Dickey Aye
Mayor Nichols Aye
Vice Mayor McMahan Aye
Councilmember Archambault Aye
The motion CARRIED UNANIMOUSLY by those present(6-0).
REGULAR AGENDA
AGENDA ITEM #13 — CONSIDERATION OF AMENDING THE PAY PLAN FOR FISCAL
YEAR 2007-08 TO INCLUDE THE JOB POSITION OF VOLUNTEER COORDINATOR.
Town Manager Tim Pickering addressed the Council and stated that this was a position that the Town
has had for years (Volunteer Coordinator) and the person who previously held that position had retired
and although staff did not place the title in the budget all of the money required was included in the
budget. He explained that staff was simply attempting to correct the omission error.
Page 4 of 17
Councilmember Kehe said that he did not object to the position but added that in reading the item, some
confusion could result and citizens might think that a new position was being created and funded. He
added that he just wanted staff to clarify for the benefit of the public that the position was not a new one.
Councilmember Leger MOVED to amend the Pay Plan for Fiscal Year 2007-08 to include the job
position of Volunteer Coordinator and Vice Mayor McMahan SECONDED the motion, which
CARRIED UNANIMOUSLY by those present(6-0).
AGENDA ITEM #14 — CONSIDERATION OF APPROVING RESOLUTION 2007-39,
ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE
EXISTING 20" PUBLIC UTILITY AND DRAINAGE EASEMENT AT THE REAR OF PLAT
505D, BLOCK 2, LOT 12 (16829 N. SOURDOUGH PLACE) AS RECORDED IN BOOK 151 OF
MAPS,PAGE 41,RECORDS OF MARICOPA COUNTY,ARIZONA. EA06-06(BOYD).
Town Engineer Randy Harrel addressed the Council relative to this issue and said that this was an item to
abandon a public utility and drainage easement at 16829 N. Sourdough Place in the northwest corner of
the Town. He referred to a map displayed in the Chambers that outlined the abandonment resolution. He
noted that there were four additional abandonments on the Consent Agenda this evening and explained
that the reason this one was not on the Consent Agenda was because the applicant had raised an
objection to the stipulations recommended by staff. This was a request to abandon the 20-foot public
utility and drainage easement at the rear and four stipulations were being recommended due to its
proximity and other conditions on the lot.
Mr. Harrel referred to PowerPoint slides and noted that behind the lot was the Hesperus Wash floodplain
(Town-owned property). He said that this was the third largest wash in the Town and the existing FEMA
adopted floodplain ends approximately 150 feet downstream (easterly) from the lot, where it begins to
exit the Town' s limits. The four proposed stipulations were as follows: (1) That the applicant provide
hydraulic engineering calculations for Hesperus Wash from the end of the delineated floodplain to the '001)
upstream edge of Lot 12; (2) That the applicant provide an engineering scour analysis, in accordance
with ADWR standards, verifying that this easement area was safe from future wash bank erosion, or
indicating what measures were necessary to protect any future improvements on this lot from erosion
(and construct those measures, if applicable); (3) That the applicant remove any remaining private
property encroachments from the Town-owned wash property, if any, and (4) That the applicant grant
(by separate easement document, which would be prepared by the Town) a 10' x 10' Public Utility
Easement at the southwest corner of Lot 12,for existing and potential future utility structures.
Mayor Nichols thanked Mr. Harrel for his presentation and invited the applicant to address the Council at
this time.
James " Scott" Boyd, 16829 N. Sourdough Place, commended the Building Department and advised that
he had built a 1200 square foot addition just prior to this request for an abandonment of easement for the
purpose of constructing a swimming pool and said that his relationship with staff was very good and they
were very helpful. He explained that one of his concerns and objections had to do with the request for
10' x 10' easement at the front of his property. When he purchased the property, he was told by the
title company that there was already a 10-foot easement in front of the lot and other staff at the Building
Department had indicated that this was the case. His utilities were underground in a box at the present
location so that stipulation did not make sense to him. His bigger concern was the request for him, as an
individual, to pay for a 100-year flood event study and expressed the opinion that this would place an
undue burden on him. On both sides of his property, the owners to the left of his swimming pool had
asked for an abandonment of easement that was granted and they recently undertook additional
construction (a retaining wall located to the left side of his property) and that was granted without any
requests by the Utility Division for a study to be undertaken as far as the flood zone. His neighbor to the
right also, within the last year, completed an addition and added a fence at the rear of the property. Mr.
Harrel stated that he was having a difficult time believing that in the event the wash became full to the
•
Page 5 of 17
point of overflowing, that many other people would be subjected to floods, not just his property. He had
• watched the wash during the five years he had lived there and the people before him watched it for 20 to
25 years and the average rainfall had been one foot deep. He therefore, had no concerns about his
property and he stated that he had purchased flood insurance.
Mr. Boyd questioned who the stipulation would really benefit and stated the opinion that he was being
selectively singled out. He said that none of his other neighbors were required to do what he was being
asked to do and added that none of his owners were asked to help pay for the original FEMA study that
was done. He requested that the Council remove this undue burden from him as a property owner in the
Town of Fountain Hills.
In response to a request from the Mayor, Mr. Harrel responded to Mr. Boyd' s remarks and clarified that
there was no ten-foot easement at the front of the lot. He added that there was a Town owned right-of-
way between the curb and his property that some people refer to as an easement but that was an incorrect
statement. He noted that staff was requesting a 10' x 10' public utility easement behind that to provide
clearance around the existing utility box and also for any future utilities. Mr. Harrell stated that both of
the adjacent lots referred to by Mr. Boyd were hydraulically higher than his lot and, in addition, the
upstream lot (on the left) was located outside of where the flood flow would run and much farther away
from the area of the wash. He mentioned that the flood flow in this area was 2,160 CFS, making it the
third highest wash flow in the Town. He added that this was a very critical area, was upstream from the
dam and had a high flow.
Councilmember Kehe requested that Mr. Harrel define " scour" and Mr. Harrel said that was when
water washes away dirt and rocks. He referred to a slide that depicted the 90-degree bend in the wash at
that location and stated that it was pretty much pointing at Mr. Boyd' s house. He added that that was
one of the reasons for staff' s concerns in addition to the fact that there was no flood plain delineated in
• that area.
Mayor Nichols called for a motion to approve Resolution 2007-39.
Councilmember Dickey MOVED to approve Resolution 2007-39 and Councilmember Archambault
SECONDED the motion.
Councilmember Leger asked whether the proposed stipulations were common and said he needed
confirmation that the Town was not being selective as far as this individual homeowner' s situation. Mr.
Harrel responded that the stipulations go above what they would normally require because of the
circumstances that existed on the lot and had nothing to do with the homeowner himself. He added that
the same stipulations would be required for any lot with similar issues. He noted that the requirement for
hydraulic calculations were rare in abandonment situations but that requirement was included on a
number of the Town' s building permits where there was a flow that was not in a delineated flood plain.
Because most of the flood plains were delineated and most were not on the outside of a bend this big,
they had probably never included a stipulation to scour and he did not believe they had ever had private
property come before them in the past that had private property in one of the Town' s washes so this was
definitely an unusual case but that was the applicant' s doing. He added that the 10' x 10' public utility
easement occurred in approximately 20% of the Town' s easement abandonments.
Councilmember Leger noted that historically engineers submitted a 100-year analysis and asked whether
that was what they were requesting in Stipulation #1. Mr. Harrel replied that that was specifically what
they were asking for and also under Stipulation #2, the Town sometimes required a scouring analysis
along with the hydraulic analysis.
Mr. Boyd reminded the Council that any scouring that took place would affect Town of Fountain Hills'
property way before it affected his property. He added that the dam was built for flood control purposes.
He expressed the opinion that the Town should be responsible for paying for the study.
Page 6 of 17
Councilmember Dickey questioned if the pool on the property did not require abandonment whether Mr. J
Boyd would still be subject to the proposed stipulations. Mr. Harrel responded that he would be because
of the lowness of the area and reiterated that they were talking about a flowing wash in the area.
Councilmember Archambault asked if an engineering report determined that there was a scouring issue,
would it be the Town' s responsibility to " firm up the bank" to protect it from further erosion. Mr.
Harrel stated that it would be the applicant' s responsibility to protect his own property. He added that
he would anticipate that staff would just hold the abandonment until the applicant submitted his
calculations as part of his fence and pool permit application and then they would be recorded prior to the
actual building permit being issued. Councilmember Archambault commented that he understood the
extenuating circumstances that exist in this situation, particularly with the 90 degree bend in the wash.
Additional discussion ensued relative to the slides outlining the lot and the proposed project.
In response to a question from Councilmember Leger, Mr. Boyd stated that if the stipulations were not
removed, he had two options. He said that he would not be forced into this situation and expressed the
opinion that it represented extortion because it would force him to pay for something that the Town
should pay for. He added that he would not build the swimming pool. He said that he built an addition
to his home without any questions being raised and asked why all of these issues were now being raised.
He advised that he was involved in litigation with the U.S. Government over the Rio Grande River and
the taking of his family' s property. He said that as a resident he believed he was being selectively
placed in the position of defending himself and would pursue legal options to remedy the situation
should he not be treated as fairly as his neighbors had been treated. He added that if anyone should have
concerns about the wash it was him and he made that decision when he purchased the property.
Discussion ensued relative to the addition that Mr. Boyd built on his property and Mr. Harrel explained
that the same stipulations were not necessary for that project since the low point at the rear property lineNoi)
was approximately four feet lower than the addition that was built. He added that staff did not have a
concern about the house but did have a concern regarding the rear property line that was 30 feet closer to
the wash bank.
Councilmember Leger asked whether elevating the land to the house level would negate the need for the
added stipulations and Mr. Harrel responded that filling the lot in the lower area to elevate the pool to the
house level may be shown as needed in the study. He said that staff had not stipulated that as an
alternative but the option could certainly be pursued if the Council wished to proceed in that manner.
Councilmember Leger stated that he would like to stipulate that because he believes that it would provide
the resident an option.
Councilmember Leger MOVED to amend the motion/stipulation to include language that states " or
alternative construction measures satisfactory to Town staff."
Mayor Nichols commented that the Council was trying to do staff' s work from the dais and he would
prefer that they table this issue to allow staff to work out the details and then bring the matter(alternative
options)back before the Council for discussion and action.
Councilmember Leger concurred with the Mayor' s comments and said that he would like the matter to
be further explored.
Mayor Nichols MOVED to table this agenda item to allow staff and the applicant to work together on
this issue and then bring recommendations back to the Council at a future meeting. Vice Mayor
McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those present(6-0).
Page 7 of 17
AGENDA ITEM#15— CONSIDERATION OF APPROVING THE PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS
CHAMBER OF COMMERCE TO PROVIDE TOURISM SERVICES.
Mr. Pickering addressed the Council relative to this agenda item and noted that staff had put out Requests
for Proposals (RFP)for four different types of services: Youth Arts, Youth Services, Social Services and
Tourism. The Town participated in actively pursuing tourism by contracting out that work and
traditionally they had done that with the Chamber of Commerce on a year-to-year basis. The Council,
approximately one year ago, agreed to do a three-year program with all of those types of services and this
was the final one. Staff received one proposal back in response to the Tourism RFP and that was from
the Chamber of Commerce and they outlined their scope of services. The scope included providing a
Tourism Director, some part time staff to help with tourism, providing visitor packets and pamphlets,
familiarization trips to encourage people to visit the Town, etc. That proposal was sent forward to the
Council. The only stipulation that was not in the contract was the one regarding contracting with the
Scottsdale CVB, which was originally included in the scope of services but were unable to come to an
agreement with Scottsdale' s CVB, but the Fountain Hills Tourism group was actually providing some of
those services and so the agreement currently reads that that Fountain Hills would provide a number of
those services instead of the Scottsdale CVB.
Mr. Pickering advised that they had reached an agreement with the Chamber of Commerce as far as staff
was concerned and that document was before the Council this evening for approval. Mr. Pickering
introduced Mr. Frank Ferrara, President and Chief Executive Officer of the Fountain Hills Chamber of
Commerce, who addressed the Council and requested approval of the contract. He noted that the
Visitors' Bureau started five years ago and added that the Town had always had a Visitors' Bureau
under the Chamber of Commerce as long as he had been around but they formally entered into an
• agreement to form a Bureau with more than just a Committee of the Chamber. They reached out to all
aspects of the business community and the Visitors' Bureau had been functioning as a committee of the
Chamber since then and it was operated by an Advisory Committee to the Chamber of Commerce
through the Visitors' Bureau. A chair was elected each year and standing public meetings were held
once a month, agendas were posted and all of the Town' s businesses were encouraged to attend the
meetings and generally 30 people attend.
Mr. Ferrara informed the Council that although discussions at the meetings were not binding, they did
discuss how they were going to operate the Bureau and the recommendations were presented to the
Chamber of Commerce Board of Directors who had the ultimate say on how the monies would be
expended. He added that they had a relationship with the Scottsdale CVB early in 2003 only because
they thought at that time, because their assets were limited and that they could obtain some recognition
by joining up with that group. He said that the association worked well in the earlier years but as they
grew and increased their own assets, they decided that they had a good product to sell right here in
Fountain Hills. He stated that the Yavapai Nation had joined them in partnership and they now had a lot
to sell and with the McDowell Mountain Regional Park joining them as well, they now had a regional
enterprise to sell. He commented that the Scottsdale CVB, understandably, was interested in serving
Scottsdale and discussed the good relationship that existed between the Town' s organization and
Scottsdale' s organization. He noted that the Chamber of Commerce, through the funding that they
receive, paid a fee to belong to the Scottsdale CVB. The amount, three or four years ago, was
approximately $40,000, a significant amount of money and in fact was almost their whole budget at that
time. The second year, the fee dropped down to $30,000 because they felt that what they were getting
was not quite what they wanted to get from the Scottsdale CVB and the third year,the figure was reduced
again to $20,000 because they were not receiving services that they anticipated. Mr. Ferrara stated that
• the Scottsdale CVB failed to help them achieve the goal of making Fountain Hills a destination point. He
also discussed the fact that the Scottsdale CVB indicated that the fee Fountain Hills would need to pay
Page 8 of 17
had increased to $75,000 and stated the opinion that what they were going to receive for that dramatically
increased amount was the same level of service that they had received for $20,000 (about half of their "to)
budget from the Town).
Discussion ensued relative to negotiation efforts that took place, additional history and information
relative to the request currently before the City Council, the fact that they were willing to pay a fee of
$35,000, subject to receiving additional services, but the Scottsdale CVB responded to the proposal and
found it to be unacceptable (they still wanted $75,000 and the scope of work remained unchanged) and
Mr. Ferrara' s opinion that the services they were offering to provide were not worth that amount of
money.
Mr. Ferrara said that the Town of Fountain Hills now had all the assets it needed and the goal was to
spend the money wisely and make Fountain Hills a destination point. He urged the Council to approve
the Professional Services Agreement before them at this time and thanked the Council for the opportunity
to address them.
Mayor Nichols MOVED to approve the Professional Services Agreement between the Town of Fountain
Hills and the Fountain Hills Chamber of Commerce to provide tourism services and Vice Mayor
McMahan SECONDED the motion.
Councilmember Archambault said that he reviewed the letter received by the Town Manager and the
$75,000 was based on one half of a percent of the 3% bed tax that the Town collects. He asked whether
anyone conducted a study to determine whether that amount would be reached. Mr. Ferrara said that a
study was done and it was determined that they would not reach that amount. He added that what the
entire Chamber wanted was a grant from Town out of the General Fund and said that discussions took
place regarding this issue and it was their feeling that if the Chamber went for the bed tax, they probably
would not get what they asked for.
Councilmember Archambault clarified that the letter stated that the$75,000 was a cap but the money that
the Scottsdale CVB wanted was one half of a percent of the 3% bed tax that the Town collected. He
asked whether the Town would hit the $75,000 mark and Mr. Pickering responded that they would. He
added that the fee would not fall below that amount.
Discussion ensued relative to business members that were not Chamber members and the importance of
promoting all of the businesses in Town; the fact that the Chamber promoted the Town of Fountain Hills
and all of its assets; Councilmember Leger' s point that the full contract amount was $525,000 and in FY
2007-08, $150,000 was budgeted; the fact that the contract contained " implied justifications" for
increasing the contract by $25,000 in FY 2008-09 and another $25,000 in FY 2009-2010; Mr. Pickering'
s response that accountabilities were changing; measurements, and the fact that the bottom line was hotel
sales and if the contribution increases 16%, they would ask that the hotel sales also increase 16% and the
same for the next year; performance measurements and staff s opinion that the amount of contribution
from the Town should equal the results; the " reach" that Scottsdale has; the Chamber' s confidence in
its ability to meet the goals and anticipated future partnerships to meet the goals and maximize dollars
spent; performance measurements and the importance of accountability and the fact that the " targets"
would increase as more beds come on line.
Councilmember Kehe stated that he shared the concern expressed by Councilmember Leger relative to
the fact that the Town would no longer be associated with the Scottsdale CVB because of that
organization' s " wide reach." He said that he read that the Fountain Hills Tourism Bureau was going to
restrict its advertising to a local/regional basis but the document he read also talked about Chicago, New
York, etc. and asked for clarification relative to this issue. Mr. Ferrara responded that those were
Page 9 of 17
• familiarization trips (media print). He said that they also had an aggressive public relations program that
would take Fountain Hills into the markets with their booths. They were talking about conventions and
familiarization trips that Chamber members would attend. He explained that when he spoke about
international, he was speaking about print advertising and people going to places to help Fountain Hills
and the Fort McDowell region instead of reading about it. They would solicit business from locations
such as Chicago and New York as well as other areas they determine would benefit the Town.
Additional discussion ensued relative to gross hotel sales and the fact that the State did not allow the
Town to give out those numbers; the fact that 06-07 was fairly close to their starting point and Mr.
Pickering' s opinion that the goals were adequate and would not be difficult to achieve; the approximate
number of beds in Fountain Hills (approximately 239) and the fact that the goal was to increase the
number of beds.
Mayor Nichols asked whether there were any citizens who wished to speak on this issue and requested
that they come forward at this time.
Anita Smith, 15402 E. Acacia Way, Human Resources Director for the Copperwynd Resort & Club,
addressed the Council and introduced Karen Carson, the Corporate Controller for Suntec Development,
the owner and developer of the Resort. She said that they were asked to attend the meeting to represent
Copperwynd and Neal Ginsberg this evening. She stated that as a hotel resort located in Fountain Hills,
they would like to emphasize the importance of continuing the relationship between Fountain Hills and
the Scottsdale CVB. She added that Town funds allocated towards tourism also include the fee to retain
the relationship with the Scottsdale CVB. She noted that the Resort benefits directly by the leads
generated by that organization (35 to 45% of their annual business was the direct result of the leads from
the Scottsdale CVB marketing and direct sales efforts). They received five to ten direct sales calls on a
• weekly basis from the CVB and this allowed the Resort the opportunity to participate and join in on all of
the many sales missions, client events, media events and trade shows planned annually on a cooperative
and very cost-effective basis. She noted that the Scottsdale CVB' s website provides Copperwynd
enormous exposure to all markets, both nationally and internationally, and said that sustaining that
relationship was very important to the Copperwynd Resort & Club. They receive approximately 3,000
direct clicks on their website from Scottsdale CVB' s website on an annual basis and the website also
provided Copperwynd an opportunity to showcase and market custom packages, seasonal promotions and
group offers. Copperwynd received an average of 300 direct links monthly on these offers along.
Ms. Smith added that the Scottsdale CVB provided an opportunity to participate in quarterly e-mails to
many thousands of group, leisure and travel agency contacts for a very nominal fee. She said that it was
their understanding that the bed tax dollars collected from their hotel guests support funding to the Town
and the Tourism Committee. She stated that they feel strongly that it was in their best interest to retain
the relationship with the Scottsdale CVB and said that it was a relationship that they had depended upon
for several years and need to continue. She noted that the continued relationship affected them presently
to keep business going now and questioned whether future hotel development would be negatively
impacted if the relationship was severed. She further stated that the hotel bed tax dollars generated by
the area hotels was a tremendous source of income to the Town and they feel they should have a say in
how these tourism dollars were allocated. She urged the Council to allow the relationship with the
Scottsdale CVB to continue and ended by saying that they cannot afford not to have this relationship.
Mayor Nichols thanked Ms. Smith for her input.
Sam Trivedi, 17105 E. Shea Boulevard, General Manager of the Fountain Hills Comfort Inn, addressed
the Council and said that Fountain Hills lacked some of the amenities that people desire such as an
Applebee' s, Mimi' s Café or Barcelona restaurants. He added that when people attend conventions they
Page 10 of 17
depend upon all of the amenities and although he was not saying that the efforts expended by the local
Chamber of Commerce were not adequate, he believed that the Town' s relationship with the Scottsdale
CVB was vital to the community. He reported that 20% of the Inn' s income comes from that
organization' s leads; a tremendous amount of leads were generated as a result of e-mails. The Town' s
sales tax, about 12.87%, was higher than Scottsdale' s sales tax and that City offers a tremendous amount
and variety of amenities. He added that Arizona was known because of Scottsdale, not because of
Fountain Hills, Tempe or Phoenix and stressed the importance of continuing the relationship with the
Scottsdale CVB.
Mayor Nichols thanked Mr. Trivedi for his comments.
Councilmember Kehe stated that he was moved by what he had heard from the hotel people and in some
way, without usurping some of the decision making of the Chamber, asked whether there was some way
that this issue could be revisited. He said that he had heard the hotel representatives' remarks about the
importance of the Scottsdale CVB to their overall operations and success and added that perhaps they
could be brought into the process and financially help to make up the difference. He stated that he was "
reaching for straws" at this point because he knew that the Scottsdale CVB was a top flight organization
with a lot of influence in a broad area and he had concerns that they were cutting that off. He requested
input from the members of the Council.
Councilmember Leger commented that he believed it was unfortunate that they would not be engaged in
that partnership throughout 07-08, however, late this evening he received correspondence that delineated
the extensive process that the Town and individuals involved in the negotiations went through with
Scottsdale. He agreed that they were a tremendous organization but said that their Board' s
correspondence clearly stated that they would only do business with Fountain Hills with regard to the
contract under discussion (the parameters of which were $150,000) unless the Town " hits the mark" of ,441)
$75,000. He stressed the importance of understanding the background and amount of time that had been
invested in this process. He also noted that budget was approved over two months ago and this particular
issue was " still up in the air."
Discussion ensued relative to the significant benefits the local hotels receive from the Scottsdale CVB as
a result of paying a nominal fee and being members.
Councilmember Dickey MOVED to table this item and direct staff to once again meet with the
Scottsdale CVB and ask some of the Chamber and hotel representatives to participate in the meeting.
Councilmember Archambault SECONDED the motion, which CARRIED BY MAJORITY VOTE of
those present(5-1, with Vice Mayor McMahan voting Nay).
AGENDA ITEM #16 — PUBLIC HEARING TO RECEIVE COMMENTS ON A SPECIAL USE
PERMIT TO ALLOW A 35' TALL STEALTH SAGUARO CACTUS COMMUNICATION
TOWER AT THE INN AT EAGLE MOUNTAIN. CASE#SU2007-07.
Mayor Nichols declared the hearing open at 8:05 p.m.
Senior Planner Bob Rodgers provided the Council with an overview of this agenda item and stated that
this was an application from T-Mobile to construct a 35-foot communications tower in the shape of a
saguaro cactus. It would also have ground mounted equipment in an enclosure and would be located at
the Inn at Eagle Mountain. He referred to a map that displayed the general location of the tower and
slides that depicted the area and proposal and the Town' s existing tower. He commented that the tower
being proposed was more realistic looking that the existing tower. Mr. Rodgers advised that staff
recommended approval of the Special Use Permit.
Page 11 of 17
In response to a question from the Mayor, Ms. Bender advised that a representative of the applicant was
present and had indicated he would speak on the issue if requested by the Council.
There being no citizens wishing to speak,the Mayor closed the public hearing at 8:08 p.m.
AGENDA ITEM #17 — CONSIDERATION OF A SPECIAL USE PERMIT TO ALLOW A 35'
TALL STEALTH SAGUARO CACTUS COMMUNICATION TOWER AT THE INN AT EAGLE
MOUNTAIN. CASE#SU2007-07.
Councilmember Archambault MOVED to approve the Special Use Permit and Councilmember Leger
SECONDED the motion.
Councilmember Archambault commented that the Town currently had two stealth towers in place.
In response to a question from Councilmember Leger, Mr. Rodgers advised that T-Mobile did not
presently have a stealth tower located in Fountain Hills and confirmed that the company had constructed
similar towers in other municipalities, similar to the one being presented this evening.
The motion CARRIED UNANIMOUSLY by those present(6-0).
AGENDA ITEM #18 — CONSIDERATION OF ORDINANCE 07-08, AMENDING THE TOWN
OF FOUNTAIN HILLS TOWN CODE, CHAPTER 10,HEALTH AND SANITATION,ARTICLE
10-2, LITTER; NUISANCES, SUBSECTIONS 10-2-2-, 10-2-16 AND 10-2-17 RELATING TO
EMERGENCY ABATEMENT OF NUISANCES CREATED BY IMPROPERLY MAINTAINED
• POOLS,SPAS AND SIMILAR WATER FEATURES; AND DECLARING AN EMERGENCY.
Planning and Zoning Director Richard Turner addressed the Council relative to this agenda item advised
that last August the Council approved a change to the same Chapter of the Town Code dealing with
swimming pools and other water features. The amendment established that it was a violation to maintain
a pool in a stagnant condition but it did not deal with process. The proposed change before the Council
this evening dealt with the process and proposed an expedited process for dealing with the most serious
violations of the Town' s Green Pool Regulations. In the last six months, the Code Enforcement Section
had been working on approximately 36 code violations that involve un-maintained pools. Staff was
usually able to resolve a majority of the cases when they could obtain the cooperation of the property
owners. He outlined the current process (send a letter to the owner and provide 30 days in which to
rectify the situation) and said that if the owner was unresponsive, staff was able to enter the property
after the 30-day period to abate the violation with the costs being assessed to the property owner. The
process worked in most cases but there were violations that were so serious that a more immediate
solution was warranted because of public health and safety concerns.
Mr. Turner noted that cases of West Nile Virus were on the increase. Mosquitoes that carry this
potentially deadly disease breed in stagnant water such as was found in un-maintained pools. The
County Health Department did a good job of staying on top of the problem but the Town' s Code
Enforcement staff was in a much better position to take quick action to cause the abatement of unsanitary
and un-maintained pools. In situations where it was dangerous to wait 30 days to achieve compliance, a
more immediate solution was necessary. The proposed change to the Town Code provided for three
methods of owner notification before staff could abate an " imminent hazard." The new procedure
would allow staff to act 24 hours after notice had been provided to the property owner(3 days in the case
of mailed notification). The cost to the Town associated with the abatement actions were assessed to the
property owner. The amount of the assessment could be appealed to the Town Council. An unpaid
Page 12 of 17
assessment results in a lien upon the property.
Mr. Turner advised that the Town Code amendment would apply to swimming pools, spas, ponds or
similar water features that were in a condition that poses a health or safety hazard, harbors insect
infestation or created visible deterioration or blighted appearance. He added that " imminent hazard"
was defined in the proposed amendment as " a condition existing upon any real property, whether within
or without a building that, if left un-mitigated, would cause a reasonable person to believe that such
condition presented an immediate threat to life, health or public safety." In addition to dealing with the
obvious threat of West Nile Virus, the new regulation would also allow staff to shore up an unsecured or
breached pool fence, thereby removing a possible drowning hazard. Mr. Turner informed the Council
that staff would continue to use the present 30-day process to abate most green pool violations and said
that the emergency process would be used infrequently and only in those instances where the property
owner was uncooperative and the hazard was extreme. Mr. Turner stated that staff recommended
approval of the ordinance.
There were no questions from the Council and no citizens wishing to speak on this agenda item and the
Mayor called for a vote.
Councilmember Kehe MOVED to approve Ordinance 07-08 and Vice Mayor McMahan SECONDED
the motion,which CARRIED UNANIMOUSLY by those present(6-0).
AGENDA ITEM#19 — CONSIDERATION OF RESOLUTION 2007-45, IMPLEMENTING THE
MEASURES OF THE MARICOPA ASSOCIATION OF GOVERNMENTS (MAG) FIVE
PERCENT PLAN.
Director of Public Works Tom Ward addressed the Council relative to this agenda item and explained
that the proposed resolution had come to the Town by way of the Maricopa Association of Governments
(MAG). MAG had been designated by the Governor as the Regional Air Quality Planning Agency in
Maricopa County and therefore, the Maricopa County non-attainment area was classified as a Serious
Area for PM-10 particulate matter according to the Clean Air Act. Because the Maricopa County non-
attainment area failed to attain the PM-10 standard by December 31, 2006, a plan was required to reduce
PM-10 emissions by five percent per year until the standard was met. Mr. Ward briefly outlined the
proposed PM-10 measures (a copy available in the office of the Town Clerk) and said that staff
recommended approval of the resolution.
Councilmember Dickey MOVED to approve Resolution 2007-45 and Councilmember Archambault
SECONDED the motion.
Councilmember Dickey said that she provided the Council with copies of all of the PM-10 measures from
MAG so that they could see the entire scope. She also mentioned that Senate Bill 1552 passed and noted
that it had ramifications and responsibilities that the Town would have to assume. She noted that there
were ongoing measures and processes in place that would continue and said that she was extremely
pleased with the progress that was being made. She emphasized the importance of heightening
awareness of this critical issue.
Ms. Bender advised that there were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY by those present(6-0).
AGENDA ITEM #20 — QUARTERLY UPDATE BY THE TOWN MANAGER ON
IMPLEMENTATION OF THE COUNCIL' S GOALS FOR FISCAL YEAR 2006-07.
Page 13 of 17
• Town Manager Tim Pickering addressed the Council and said that each year at the Council' s Retreat,
goals were set by the members. He said that staff had accomplished many of the goals and this
represented their final report for Fiscal Year 2006-07 and next quarter he would present the Council with
an update on the 2007-08 goals.
Mr.Pickering briefly outlined the eight goals as follows:
• To identify and inform Fountain Hills residents of the projected long-term revenue gap and
decide 2007 ballot initiative.
• Work with local schools to establish and address common issues affecting the Town, schools
and community by the end of the 2006-07 school year.
• To promote the use of low-water landscaping in new Fountain Hills developments.
• To strictly enforce the General Plan and Town ordinances.
• Create a commercial architecture review board to regulate architectural physical appearance for
commercial properties.
• Annex the State Trust Land into Fountain Hills.
• To create a plan for pedestrian safety in Fountain Hills.
• To improve the business community and the Town.
Mr. Pickering reported that staff had accomplished 100% of five of the above listed goals and they were
very close to achieving many of the other ones. They had continually worked with the schools and the
only reason they did not reach 100% in this category was because they have a meeting next month that
was supposed to take place last month. He said that some of the accomplished goals had gone way
beyond his expectations, specifically the low-water landscaping. He said that this program had been
extremely successful and the citizens had gotten behind it and attended seminars. He commended the
Council on the enforcement of the General Plan and stated that since the Strategic Plan was approved the
Council had really " stuck to their guns" and continued to enforce the Zoning Ordinances that were.in
place as requested by the residents.
Mr. Pickering added that the Town had annexed the State Trust Land and completed the architectural
guidelines. Those guidelines were in place right now and affecting the future of the community. The
long-term revenue gap continued (they were in the second phase of that right now) and as far as the
Pedestrian Safety Plan, he was happy to report that staff was going to hold the next Workshop within the
next couple of weeks on this issue. They were going to put forth their sidewalk plan that indicated all
locations of future sidewalks throughout the community and also looks at a" round-about" in one of the
Town' s identified dangerous intersections. He added that staff continually works on improving the
business community relations in concert with the Chamber of Commerce. He said that he was very
happy with the success of the goals and although they had not achieved 100% success, they continue
their efforts to achieve that goal. He indicated his willingness to respond to questions from the Council.
Councilmember Dickey stated that in May she attended a meeting held by the Arizona Public Health
Association and Arizona Department of Transportation (ADOT) and said that they had a Safe Schools
Program in place with sidewalks and grant funds were available for that purpose. She added that they
also discussed"walkable communities" and said those were two of the goals.
Mr. Pickering commented that staff applied for the grant monies and funds would be received. They did
not have them this year,but when they talk about this at their Pedestrian Workshop he was sure this issue
• would be brought up— making sure that pedestrians were safe around schools — and staff was " on top
of this important issue."
Page 14 of 17
Councilmember Dickey said that she also attended a meeting last spring at the State Capitol and the `"010)
Mayor' s Youth Council was in attendance and made a presentation along with some of the other high
schools around the State. She stated that the Mayor' s Youth Council did a program where they gave
some funds and helped out the Chrysallis Center. When we had our joint meeting with the Public Safety
Commission we discussed that they were looking for projects and things; we talked about domestic
violence issues. She stated that she had attended the presentation at the State Capitol where a number of
the youths said that they look for projects to become involved in and wanted to help. She suggested that
this was something that they might be able to get together on and do a project. She further stated that the
Phoenix magazine that put Fountain Hills at number two this year mentioned crime and unfortunately
incidents of domestic violence do occur. She said that she would like to see that become something that
staff gets together with the School District and youth to pursue.
Councilmember Dickey also commented on the projected gap and noted that the School District had
come up with some things that they were going to try and do. She said that they should be talking about
their level of cooperation. The School District was finding out that their tax rate was going down in
some ways as they knew it would as more people move in so it was a favorable outlook and that was
something she would like to discuss further. Another issue had to do with some pranks that had occurred
over the last couple of months and that was an additional avenue to discuss with the School District and
youths, a respectful relationship with the Sheriff' s Department and how they could continue to work
with that. She added that hopefully they would all get to meet the Superintendent at their joint meeting.
Mr. Pickering advised that he had met with the Superintendent and added that he also invited the
Superintendent to attend one of the Town' s Council meetings to introduce himself to everyone.
AGENDA ITEM#21— SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER.
.1)
Mr. Pickering stated that he would get together with the Chamber of Commerce and some of the hotel
representatives and contact the Scottsdale CVB to see what they could work out.
Mayor Nichols added that there was also the item that was tabled regarding the abandonment easement
and Mr. Pickering advised that the Engineering staff would get together with the applicant regarding this
issue in an attempt to come up with an alternative proposal.
AGENDA ITEM #22 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
(TWO ITEMS)
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:
This item was brought forward at the request of Councilmember Dickey for consideration of placement
on a future agenda for Council action:
A) DISCUSSION WITH POSSIBLE DIRECTION to staff to research participating in the
Arizona Rinse Smart Program.
Councilmember Dickey stated that in March she had read an article about Sedona joining the Arizona
Rinse Smart Program and she thought it sounded like a good thing to check into. She ultimately met with
a group of involved individuals to discuss this matter and they all agreed that this looked like something
they would like to pursue. She noted that Mr. Ferrara and the other individuals were all very supportive
Page 15 of 17
• of moving ahead with this and said that if the Council had an opportunity to review the information
provided, they know that the program was totally voluntary and free and participation was up to the
individual restaurants. She presented additional information relative to this issue and requested support
from the Council relative to this issue.
Mayor Nichols and Councilmembers Leger and Archambault indicated support for directing staff to
move forward on this issue.
This item was brought forward at the request of Councilmember Kehe for consideration of placement on
a future agenda for Council action:
B) PROPOSAL THAT THE TOWN' S DEVELOPMENT IMPACT FEES be amended to
include an index provision (construction materials index and a cost-of-living or general
merchandise index).
Councilmember Kehe stated that during the budget Work Study some months ago, the issue of
development impact fees was brought up relative to the Town' s current numbers and at that time Town
Attorney Andrew McGuire suggested that there was indeed a way to adjust impact fees based upon some
sort of an index that would involve construction materials, costs and the cost of living general
merchandise index. At the budget meeting to approve the current budget the Council allocated $10,000
toward a study into the possibility of employing an index provision so that they could keep up to date on
their development fees. Councilmember Kehe urged the Council to support this proposal.
Mayor Nichols and Councilmember Dickey indicated support for Councilmember Kehe' s
recommendation.
• Mr. Pickering stated that staff contacted the Town' s previous contractor who conducted the last study
and he said that the cost would be between $75,000 and $80,000 and only $10,000 had been budgeted.
Mr. Pickering said that he would be happy to research whether they could just do the index and try and
bring down that cost (preferable option) but if that was not an option, he would look into the matter and
determine where the money could be located in the budget to pay for the cost and make that change.
AGENDA ITEM#23— ADJOURNMENT.
Vice Mayor McMahan MOVED that the Council adjourn and Councilmember Leger SECONDED the
motion, which CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 8:40
p.m.
TOWN OF FOUNTAIN HILLS
By
Wally Nichols,Mayor
ATTEST AND
PREPARED BY:
Bevelyn J. Bender,Town Clerk
or CERTIFICATION
Page 16 of 17
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Session held by the Town Council of Fountain Hills on the 2nd day of August 2007. I further certify that
the meeting was duly called and that a quorum was present.
DATED this 6th day of September 2007.
Bevelyn J. Bender,Town Clerk
0
0
Page 17 of 17
REQUEST FOR LEGAL SERVICES
Name/Phone Number/E-mail of Requestor: Date of Request:12/27/2012
Robert Rodgers, Senior Planner- 480-816-5138 Date Director Approved Request:
rrodgers@fh.az.gov 12/27/2012
New Due Date(From Town Attorney's office): Proposed Council Date: 1/17/2013
1/7/2013
*Staff Report must be submitted 2 weeks p for to
Council date
Brief Project Description: Ratifying the Board of Adjustment By-Laws that have been amended to
change staffs title and the department name. Also, sections have been amended to clarify intent
regarding public notice, application withdrawals, parliamentary procedrues, voting, and file retention.
The Board of Adjustment voted to approve and forward these amendments on 12-18-2012.
Vendor/Consultant/Agreement/Agency Information:
Contact Name: N/A
Entity Name: N/A
Entity Address: N/A
Entity Phone and E-mail address: N/A
Entity Facsimile: N/A
Documents Requested:
❑ Ordinance (Draft attached Y// N) Publication Dates for Zoning Actions:
❑ Resolution (Draft attached Y// N)
❑ Easement (Specify Type)
❑ Deed (Specify Type)
❑ IGA/Amendment(Corresponding Resolution Required)
❑ PSA/Amendment
❑ PA(Purchase)/Amendment
❑ IFB (Invitation for Bid)
❑ RFQ (Request for Qualifications)
❑ RFP (Request for Proposals)
❑ CSA(Construction)/Amendment
❑ Other
*Stimulus funding used: Yes ❑ or No ®;
Required Contract/Agreement Information:
Method of Vendor Selection:N/A
Term of Contract/Agreement:N/A
Contract Amount(this contract):N/A Cumulative Contract Amount:N/A
Brief description of services/goods being sought:N/A
Contract#assigned:
Funding Source:N/A Project No. N/A
Budget Transfer Required (Y or N): N/A; attach appropriate documentation
Check List:
*Scope of Work or Specifications Attached (Y/ N)
*Fee Proposal or Price Sheet Attached (Y/ N)
*Proposal or Statement of Qualifications from Vendor Attached (Y/ N)
*Bid/RFQ/RFP Schedule Attached (Y/ N)
/lP
12�z�120 (2-845
" THE TOWN OF FOUNTAIN HILLS
BOARD OF ADJUSTMENT BYLAWS
0 21ir' - b
o4
that is AO'
ORGANIZATION
A. Officers and Staff
(1) The Board shall elect a Chair and Vice-Chair annually from among the
appointed members at the first meeting held in February.
a) The term of Chair and Vice-Chair shall be one (1) year and any
member serving as Chair or Vice-Chair shall be eligible for re-election.
b) The Vice-Chair shall act as Chair in the Chair's absence. In the absence
of the Chair and Vice-Chair, the senior member, based upon years of
membership, shall act as Chair. If there is more than one (1) senior
member, the Chair shall be selected by general agreement amongst
those attending.
c) Any vacancy for Chair or Vice-Chair as may occur for any reason shall
be filled from the Boardmembership by majority vote of the Board at
the next meeting where a quorum of the Board is present.
d) The Chair or Vice-Chair may be removed from Office at any time by a
three-fifths(3/5)majority vote of the full Board members.
(2) The Chair shall preside at all meetings and hearings of the Board, decide all
points of order and procedure, and perform any duties required by law,
ordinance or these bylaws.
a) The Chair shall have the right to vote on all matters before the Board,
and shall also have the right to make or second motions.
(3) Zoning Administrator, or his/her
designated representative, shall serve the Board as Secretary. The planning
staff shall furnish professional and technical advice to the Board.
41)
Board of Adjustment By-Laws updated doc 4-2012(1st revision)P.hrtes 4ated-lea-7 07.@1®e
(4) The Town Attorney, or his/her designated representative, shall have the
responsibility of furnishing such legal advice on all points of order, procedure,
or other matters as may be requested from time to time.
II. MEETINGS
A. Regular Meetings
(1) Regular meetings shall be held as needed on the third Tuesday of each month
at 6:30 P.M. Whenever a legal holiday is the same day as a meeting, such
meeting shall either be canceled or rescheduled by motion and majority vote
of the Board.
(2) Regular meetings of the Board shall be open to the public and the minutes of
the proceedings, showing the vote of each member and records of its
examinations and other official action shall be filed in the Planning and
Zoning Development Services Department as a public record. For any matter
under consideration, any person may speak to the issue upon being recognized
by the Chair and stating their name and address and the names of any persons
on whose behalf they are appearing.
(3) The Board may, by a single consent motion, approve any number of
applications where the Board, staff, and applicant are in agreement and where,
after call and invitation by the Chair to do so, no member of the Board or
general public wishes to address any particular item designated for consent
action by the Board. Should any member of the Board, Staff or public so
request, the Board shall then withdraw it from the consent agenda for the
purpose of public discussion and separate action.
(4) Regular meetings of the Board shall be held in Council Chambers of Town
Hall, 16705 E. Avenue of the Fountains; Fountain Hills, Arizona, 85268,
unless advertised differently.
B. Study Sessions
(1) Study sessions for any purpose may be held on the call of the Chair or request
of Three (3) or more members, at least twenty-four (24) hours before the
meeting. At least twenty-four (24) hours notice shall be given to the general
public by posting such notice at Town Hall, and otherwise in conformance
with Arizona State Law. The call and notice shall specify the time and place
of the study session, and an agenda of the business to be transacted.
(2) Study sessions may be held before or after any regular meeting, subject to
providing notice as provided herein. When a matter is set for a study session,
public testimony may be barred or limited to particular persons at the
discretion of the Chair.
C
Board of Adjustment By-Laws updated doc 4-2012(1st revision)P.It K ecr
C. Executive Sessions
.• (1) The Board may hold an executive session closed to the public during a regular
Nikoor special meeting to consider matters permissible in executive sessions
pursuant to the laws of the State of Arizona.
D. Notice of Meetings and Hearings
(1) Written notice of all meetings to Board mcm._ - shall be made available to
Board Members dcpositcd in the mail at least three (3) days or delivered in
before the date of the meeting; except
that where required by an actual emergency, members may be notified by
telephone by the Secretary.
E. Quorum
(1) A majority of the members of the Board shall constitute a quorum for
transacting business at any regular meeting. No action shall be taken at any
regular meeting in the absence of a quorum, except to adjourn the meeting to a
subsequent date. At a study session, any number of Board members may hold
discussion on agenda items. The affirmative vote of three (3) members shall
be required for passage of any matter before the Board.
F. Agenda
(1) An agenda shall be prepared by the Secretary for each regular meeting, study
session, and executive session of the Board. The agenda shall include the
various matters of business as scheduled for consideration by the Board.
G. Withdrawal of Request
(1) Any request may be withdrawn upon request to the Secretary, but no request
shall be withdrawn after the legal posting c of a hearing notice or legal and
published notification prior to the public hearing thereon without formal
consent of the Board.
H. Field Trips
(1) The Board may take field trips to view property or for other purposes relevant
to a public hearing or other matter under consideration. All Board field trips
shall be taken as part of a regular or special meeting, and all interested persons
shall be afforded the opportunity to be present to view the property and hear
any reports or comments. A record of the field trip shall be entered into the
minutes, so that the record shall indicate that the field trip was taken into
consideration as evidence. Nothing herein shall prevent less than a quorum of
the Board, or Board members individually at their own convenience and
expense, from taking field trips. to view property, which is the subject of an
application or other matter being considered.
•
Board of Adjustment By-Laws updated doe 4-2012(1st reviston)P.hpdps
III. ORDER OF BUSINESS
A. Parliamentary Procedure
(1) The hearing need not be conducted according to technical, judicial Rules of
Evidence. Any relevant evidence may be considered if it is the sort of
evidence on which responsible persons are accustomed to rely in the conduct
of serious affairs.
a) The Chair may exclude irrelevant or redundant testimony and make
surc certain other rulings as may be necessary for the orderly conduct
of the proceedings, while ensuring basic fairness and a full airing of
the issues involved. Evidentiary objections shall be waived unless
made timely to the hearing.
b) Any evidence supporting the granting or denial of an application shall
be submitted to the Plannin: - _ -. -: Development Services
Department prior to the meeting or to the Board during the public
meeting.
(2) The Board may continue the hearing up to twenty-one (21) days on any
application or other matter for which the applicant fails to appear unless the
• applicant has requested in writing that the Board act without their being
present at the hearing; provided, however, the Board may hear those persons
requesting to speak in response to the notice of hearing.
a) Witnesses shall not ordinarily be sworn unless a specific request is
made and granted prior to the taking of testimony. The Chair may,
upon request of any member of the hearing body or upon the advice of
the Town Attorney, require that all witnesses be sworn before giving
testimony in a particular matter. Witnesses may be sworn as a group
prior to the presentation of the staff report.
b) A member who is absent from any portion of a hearing conducted by
the Board may vote on the matter at the time it is acted upon by the
Board, provided that he or she has listened to the tape recording made,
or reviewed the minutes of, any portion of the hearing from which they
were absent, and state for the record prior to voting that they deem
themselves to be familiar with the record. A member who misses only
the presentation of the staff report may vote on the matter at the time it
is acted upon by the Board, provided that they state for the record that
they have read the staff report and are familiar with it.
(3) In order to expedite the conduct of the hearing,the Chair may limit the amount
of time, which a person may use in addressing the hearing body. The Chair
may also limit the speakers or testimony upon a particular issue in order to
avoid repetitious and cumulative evidence.-
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40 (4) The burden of proof of all legal prerequisites to the granting of the relief or
action sought shall be upon the party requesting such relief or action.
B. Voting
(1) After all evidence has been submitted to the Board; each case shall be heard,
considered and acted upon in a public meeting.
(2) In taking action on any application or other matter, the Board may grant
approval, grant approval with conditions, modify the request so as to make
more restrictions, or deny the item altogether. In these actions,the Board shall
be guided by the provisions of the Zoning Codc Ordinance and Subdivision
GetleOrdinance.
(3) By majority vote, the Board may defer action on any matter when it concludes
that additional time for further study or input is necessary; if continued, any
public hearing shall be continued to a certain date; if tabled, any public
hearing shall be subject to the requirements of re-advertising and re-notice, as
if a new application were being considered, and upon majority vote by the
Board to remove it from the table.
(4) A majority vote of the Board members present and voting shall be required to
take official action including but not limited to, the adopting of policy or
submitting recommendations. When a motion in favor of any application or
other matter fails to receive the required majority votes, it shall be entered into
the minutes as a vote to deny the action being considered. In the event that
there is no motion, or the motion dies for lack of a second, it shall be entered
into the minutes as a denial of the application being considered. Nothing
herein shall prevent any member from making a subsequent motion on any
matter where a prior motion is not approved by the miairatinmajority of three
=votes of all members present.
(5) A member shall discount himself/herself and abstain from voting whenever
they may have a conflict of interest in the case under consideration, as
described and provided by the Arizona Revised Statutes(ARS 38-501).
(6) Each member attending shall be entitled to one (1) vote. The minutes of the
proceedings shall indicate the vote of each member on every matter acted
upon, and shall indicate any absence or failure to vote. No member shall be
excused from voting except on matters involving the consideration of their
own official conduct, or such matters as referred to in Section III.=B.. (5) of
these bylaws.
(7) A motion to adopt or approve staff recommendations or simply to approve the
action under consideration shall, unless otherwise particularly specified, be
deemed to include adoption_of all proposed findings and execution of all
actions recommended in the staff report on file in the matter.
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C
IV. OFFICIAL RECORDS
A. Retention of Files
(1) The official records of the Board shall include these rules and regulations,
minutes of meetings, resolutions, and its adopted reports, which shall be
deposited with the _ Development Services Department
and which shall be available for public inspection during customary office
hours. All applications and other matters coming before the Board shall be
filed in the Planning and Zoning Development Services Department in
accordance with that Department's general file system. Original papers of all
applications and other matters shall be retained for not less than ten (10) years
after the date of application. Thereafter, such matters may be
-• _ ---==archived, along with other special matters, as the Secretary deems
essential, for permanent record.
B. Recording of Meetings
(1) All public meetings of the Board may be recorded by electronic device. Any
person desiring to have a meeting recorded by an electronic device or by a
stenographic reporter, at their own expense, may do so, provided that they
'+' consult the Board's Secretary to arrange facilities for such recording prior to
the commencement of the meeting, or does not otherwise disrupt the
proceeding.
V. AMENDMENTS
(1) These bylaws may be amended by majority vote at any meeting of the Board
provided that notice of said proposed amendment is given to each member in
writing at least five (5) days prior to said meeting. Such amendment shall be
subject to ratification by the Town Council and, if so approved, shall become
effective at the next regular meeting of the Board.
ADOPTED this 10th day of December 1996 with Amendments through April 17, 2007.
For the Fountain Hills Board of Adjustment:
SIGNED: Date:
aul Ryan,Board of Adjustment Chairman
ATTESTED: Date:
Richard T..r Robert Rodgers, Planning and Zoning Administrator
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