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HomeMy WebLinkAbout2005.0120.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JANUARY 20,2005 Mayor Nichols called the meeting to order at 5:03 p.m. ROLL CALL — Present for the Executive Session roll call were the following members of the Fountain Hills Town Council: Vice Mayor Archambault, Mayor Nichols, Councilman Kehe, Councilman Kavanagh, Councilman Schlum, Councilwoman Nicola, and Councilman McMahan. Town Attorney Andrew McGuire attended via phone, Town Manager Tim Pickering, Assistant Town Attorney Dani Rosetti, and Town Clerk Bev Bender were present. Public Works Director Tom Ward and Planning and Zoning Administrator Richard Turner were also present AGENDA ITEM #1 —VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A3, FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY. (SPECIFICALLY, LEGAL ADVICE REGARDING THE URBAN LANDS ACT.) Vice Mayor Archambault MOVED to convene the Executive Session and Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 5:45 p.m. AGENDA ITEM#2—RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:30 p.m. INVOCATION—Pastor Don Lawrence, Christ's Church of Fountain Hills, gave the invocation. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Vice Mayor Archambault, Mayor Nichols, Councilman Kehe, Councilman Kavanagh, Councilwoman Nicola and Councilman McMahan. Councilman Schlum was absent. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Town Clerk Bev Bender, and Senior Planner Dana Burkhardt were also present. SCHEDULED PUBLIC APPEARANCES/PRESENTATION There were no scheduled appearances. Mayor Nichols read a Proclamation declaring Wednesday, January 26, 2005 "Get to Know 'Our Town' Day," and noted that the active participation of an informed citizenry is the single most important factor in the continued well being of local, state and national government. He added that the Town of Fountain Hills is dependent upon informed, thoughtful citizens for the formulation of laws and establishment of policies through the election of officers. He noted that the Fountain Hills Civic Association, one of the premier organizations in the Town since its inception in 1973, has been committed to promoting activities that will preserve and enhance the civic, economic and environmental and social qualities of life in the Town. He advised that the Civic Association, in partnership with the Town of Fountain Hills government, is sponsoring the "Our Town" public information program to update long-time citizens on Town affairs, introduce new residents to Town government, and provide all with the opportunity to get to know key staff members. Mayor Nichols said it was his honor to declare January 26, 2005 "Get to Know 'Our Town' Day". E:\BBender\Documents\Current Minutes 2005\01-20-05 Regular and Executive Session.doc Page 1 of 6 The Mayor also read a Proclamation declaring the month of February 2005 as "Rotary International Month", and stated that the creation of the Rotary Centennial Splash Pad has been established as a high priority for the Town of Fountain Hills and its citizens. He noted that it was the desire of the Town to '44) celebrate the addition of this new park amenity and said that the Fountain Hills Rotary, Four Peaks Rotary, and the Rotary Foundation had volunteered countless hours and contributed financial resources to the Splash Pad. He advised that it was also the intent of the Town to recognize the Rotary International and the Rotary Centennial on February 23, 2005 and said it was his honor to declare the month of February 2005 "Rotary International Month" and called upon all citizens to take a moment during the month to thank the Rotary Clubs for their latest contribution to the community, the Rotary Centennial Splash Pad. Mayor Nichols read an additional Proclamation and stated that the annual Pony Express Days Celebration would be held each year during the first week of February beginning in 2005. He noted that the Pony Express played a particularly important and colorful part in the history of the West dating back between 1860 and 1861 and pointed out that each year the Pony Express riders are remembered with a commemorative ride by the members of the Hashknife Gang traveling from Holbrook to Scottsdale, with Fountain Hills being the next to last stop on their trek. The Mayor stated that it was his honor to proclaim that the Celebration would take place the first week in February from now on and said that all Town residents, visitors, as well as residents and visitors from surrounding areas were invited to join in the festivities and dress western to commemorate this part of the history in the West. Mayor Nichols read the fourth proclamation, which dealt with mentoring, and said that in 1996, Jim Flynn, an executive with MCO Properties, developed a mentoring program at McDowell Mountain School. He stated that with the participation of MCO employees, the first year of the program was a success. He noted that as a result, MCO expanded the program and recruited volunteers from the community to become members. He reported that the program had expanded to serve students at Four Peaks Elementary School and consisted of 80 volunteers who monitor children in grades ranging from kindergarten through fifth. The Mayor stated that the Town of Fountain Hills strongly encouraged the mentor program and recognized the benefits it provided to the children of the community. Mayor Nichols said it was his honor and privilege to proclaim Tuesday, January 26, 2005 as "Fountain Hills National Mentoring Day". CALL TO THE PUBLIC There were no citizens wishing to address the Council at this time. CONSENT AGENDA AGENDA ITEM #1 —CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF JANUARY 6,2005. AGENDA ITEM # 2 — CONSIDERATION OF RESOLUTION 2005-01, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINES OF LOT 10,BLOCK 2,PLAT 601B (15820 N. PONDEROSA DRIVE) AS RECORDED IN BOOK 166 OF MAPS, PAGE 31, RECORDS OF MARICOPA COUNTY, ARIZONA. EA04-27 (LEWISBUGNIAZET). AGENDA ITEM #3 — CONSIDERATION OF RESOLUTION 2005-02, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINES OF LOT 30, BLOCK 9, PLAT 111 (16214 E. STANCREST DRIVE) AS RECORDED IN '41) BOOK 150 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. EA04-28 (CALKINS). E:\BBender\Documents\Current Minutes 2005\01-20-05 Regular and Executive Session.doc Page 2 of 6 AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2005-03, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINES OF LOT 5 OF PARCEL 12 (12545 N. SAGUARO BLVD.) AS RECORDED IN BOOK 579 OF MAPS,PAGE 40,RECORDS OF MARICOPA COUNTY,ARIZONA. EA04-29 (SUOZZI). AGENDA ITEM # 5 - CONSIDERATION OF RESOLUTION 2004-04, ABANDONING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINES OF LOT 14, BLOCK 5, PLAT 603C (15810 E. SYCAMORE DRIVE) AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY,ARIZONA. EA04-30 (LAMBEAU). AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2005-05, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN PORTIONS OF CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ON THE COMMON PROPERTY LINE OF LOTS 1 AND 15, BLOCK 4, PLAT 102 (LA MONTANA DRIVE AND HAMILTON DRIVE) AS RECORDED IN BOOK 142 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATION. EA04-31 (VILLAS OF LA MONTANA LLC). AGENDA ITEM #7 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR "HAMILTON VILLAS CONDOMINIUMS," A FOUR-UNIT CONDOMIMIUM PROJECT LOCATED AT 13627 N. HAMILTON DRIVE,AKA FINAL PLAT 102,BLOCK 5,LOT 4. CASE #S2004-31. AGENDA ITEM#8- CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR"A & S CONDOMINIUMS," A TWO-UNIT CONDOMINIUM PROJECT LOCATED AT 12013 N. Le LAMONT DRIVE,AKA FINAL PLAT 201,BLOCK 1,LOT 7. CASE#52004-32. AGENDA ITEM #9 - CONSIDERATION OF RESOLUTION 2005-09, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE WESTERLY AND NORTHERLY PROPERTY LINES OF PLAT 603C, BLOCK 2, LOT 42 (15740 E. CHOLLA DRIVE) AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY,ARIZONA. EA04-32 (NASH). AGENDA ITEM #10 - CONSIDERTION OF RESOLUTION 2005-10, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINE OF PLAT 111, BLOCK 5, LOT 17 (13862 E. HAMILTON DRIVE) AS RECORDED IN BOOK 150 OF MAPS, PAGE 12, RECORDS OF MARICOPA COUNTY, ARIZONA. EA04-33 (BRIDGES). AGENDA ITEM #11- CONSIDERATION OF RATIFYING THE AGREEMENT BETWEEN THE "TOWN OF FOUNTAIN HILLS AND EN AT FOUNTAIN HILLS, LLC," FOR REIMBURSEMENT OF CONSTRUCTION COSTS FOR THE PUBLIC FACILITIES ADJACENT TO THE PLANNED RANCH HOUSE IN THE EAGLES NEST SUBDIVISION. AGENDA ITEM #12 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR "FOUNTAIN MIST VILLAS CONDOMINIUMS", A 16-UNIT MULTI-FAMILY CONDOMINIUM SUBDIVISION AND MODIFICATION OF A PORTION OF THE EXISTING HILLSIDE PROTECTION EASEMENT. CASE#S2003-07. E:\BBender\Documents\Current Minutes 2005\01-20-05 Regular and Executive Session.doc Page 3 of 6 Vice Mayor Archambault MOVED to approve the Consent Agenda as read and Councilwoman Nicola SECONDED the motion. A roll call vote was taken with the following results: Councilman Kehe Aye Councilman Schlum Absent Councilman Kavanagh Aye Councilwoman Nicola Aye Mayor Nichols Aye Councilman McMahan Aye Vice Mayor Archambault Aye The motion CARRIED UNANIMOUSLY by those present(6 to 0). ACTION AGENDA AGENDA ITEM #13 — CONSIDERATION OF A SPECIAL USE PERMIT TO EXEMPT COLUMBARIA CONSTRUCTION FROM THE LAND DISTURBANCE REGULATIONS OF THE ZONING ORDINANCE FOR THE SHEPHERD OF THE HILLS LUTHERAN CHURCH, LOCATED AT 16150 E.EL LAGO BOULEVARD. CASE#SU2004-05. Mr. Pickering advised that Senior Planner Dana Burkhardt would address the Council regarding this agenda item and congratulated him on recently achieving the status of Certified Planner. Mayor Nichols and the Council also commended Mr. Burkhardt on his accomplishment. Mr. Burkhardt thanked Mr. Pickering and the Council and stated that in March 2000, Shepherd of the Hills Lutheran Church approached the Council and requested an amendment to the Zoning Ordinance to allow Columbaria Construction to go within non-disturbance areas. He said that in June 2000, the Council approved the amendment and allowed the application to come forward. He noted that the request was for the area located on the north side of the Church and highlighted a site plan displayed in the Council Chambers. He added that a prayer garden was also proposed for the layout as well as some water features and natural landscaping. He referred to bench seating shown in the plan; the paths and the general landscaping plan for the areas. Mr. Burkhardt noted that the only property that would have a distinct view of the disturbance area was the La Strada Condominium project(adjacent the north). He informed the Council that staff had not received any letters of objection to the proposed project from the adjacent and abutting property owners and added that the Planning&Zoning Board voted unanimously in support of the proposal. Mr. Burkhardt advised that staff recommended approval with the following stipulations: 1. The applicant provides a six-foot tall chain link fence conforming to the disturbance boundary fencing requirements of the Zoning Ordinance during the period of construction. 2. The applicant revegetates all disturbed areas outside of the designated paths to blend with the undisturbed areas. In addition to the revegetation and landscape plan, the applicant shall provide minimum 24" box drought tolerant trees to screen the memorial gardens from the abutting condominium units at a quantity and locations to be approved by the Zoning Administrator. Councilman Kavanagh MOVED and Councilman McMahan SECONDED a motion to APPROVE staff s recommendation and stipulations. E:\BBender\Documents\Current Minutes 2005\01-20-05 Regular and Executive Session.doc Page 4 of 6 Mayor Nichols asked whether any members of the Council or citizens wished to comment on this agenda item and no one came forward to speak. (1160, The motion CARRIED UNANIMOUSLY by those present(6 to 0). AGENDA ITEM #14 — CONSIDERATION OF APPROVING THE CONTRACT WITH BLACKERBY ASSOCIATES FOR FACILITATION OF THE STRATEGIC PLANNING PROJECT. Town Manager Tim Pickering advised that a Request for Proposals was issued to facilitate the management of the Fountain Hills Strategic Planning Process and Project Schedule following approval of the work process and schedule by the Council on December 16, 2004. He emphasized the importance of utilizing the services of a facilitator throughout this important process. He stated that three proposals were carefully reviewed and interviews were conducted by Town staff and members of the Technical Advisory Committee, made up of volunteers from the community who had background in strategic planning, leading to a unanimous recommendation that the Town utilize Blackerby Associates to facilitate the management of the project. He noted that Blackerby submitted a very thorough proposal, had recently completed work for the City of Phoenix, and received excellent recommendations from them. He said that the interview panel was impressed with the depth of the team. He informed the Council that the proposal was entirely within budget, and the whole process would cost approximately $60,000, the amount that was budgeted for this undertaking. He stated that they were ready to begin as soon as the Council approved the contract. Councilwoman Nicola MOVED to approve the contract with Blackerby Associates as recommended by staff and Vice Mayor Archambault SECONDED the motion. Councilman Kavanagh commented that this issue was discussed twice before and he had indicated his �r objections on both occasions. He said he wanted the record to reflect that he would be voting against this because he thought the original $110,000 for the Strategic Plan was too much money and, after public questions arose; he was pleased that the Council dropped the amount to $60,000. He added that he still believed that $60,000 is too much money and he voted against that as well. He stated that one part of the plan would cost the $60,000 and advised that he had reviewed minutes of previous meetings where this issue was discussed and he believed the discussions verified his opinion that the $60,000 was supposed to be the total cost for the entire project. He added that now they were spending $60,000 just on a consultant, another $20,000 to design the logo and print newsletters and conducting a survey, which brought the cost back over$100,000. He expressed the opinion that the costs were too excessive and that the project could be accomplished for a lot less money by relying on volunteers. He added the opinion that it duplicated a lot of the research that had already been conducted by staff on the budget in terms of costs for future projects and projections. He reiterated that he opposed the motion. Councilman McMahan concurred with the comments made by Councilman Kavanagh. There being no one else wishing to speak on this item, the Mayor called for the vote. A roll call vote was taken with the following results: Councilman Kehe Aye Councilwoman Nicola Aye Councilman Schlum Absent Councilman McMahan Nay Mayor Nichols Aye Councilman Kavanagh Nay Vice Mayor Archambault Aye E:\BBender\Documents\Current Minutes 2005\01-20-05 Regular and Executive Session.doc Page 5 of 6 The motion CARRIED by majority vote (4 ayes and 2 nays). AGENDA ITEM #15 — COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS FOR FUTURE MEETINGS. There were no items to discuss. AGENDA ITEM #16 — COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: None. AGENDA ITEM#17—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER. None. AGENDA ITEM#18—ADJOURNMENT Councilwoman Nicola MOVED that the Council adjourn the meeting and Vice Mayor Archambault SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6 to 0). The meeting adjourned at 6:50 p.m. TOWN F FOUNTAIN HIL SNor) / I /; By /1/t/ 1. Wally Ni of M or ATTEST AND PREPARED BY: h(qz,,,,z(11-27 kk Bevelyn J. ndtr,Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Session held by the Town Council of Fountain Hills on the 20th day of January 2005. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of February 2005. /' Bevelyn J. I ndetTown Clerk E:\BBender\Documents\Current Minutes 2005\01-20-05 Regular and Executive Session.doc Page 6 of 6