HomeMy WebLinkAbout020509PZ:\Council Packets\2009\R2-5-09\Agenda 2-05-09.doc Last printed 2/4/2009 9:38 AM Page 1 of 4
REVISED: 2-4-09
NOTICE OF EXECUTIVE AND
REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. - EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, FEBRUARY 5, 2008
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Mike Archambault Councilmember Cassie Hansen
Councilmember Dennis Contino Vice Mayor Henry Leger
Councilmember Ginny Dickey Councilmember Keith McMahan
Z:\Council Packets\2009\R2-5-09\Agenda 2-05-09.doc Last printed 2/4/2009 9:38 AM Page 2 of 4
EXECUTIVE SESSION AGENDA
CALL TO ORDER
ROLL CALL – Mayor Schlum
1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) Pursuant to §38-
431.-3(a)(4), For discussion or consultation with the attorneys of the public body in order to
consider its position and instruct its attorneys regarding the public body’ s position regarding
contracts that are the subject of negotiations, in pending or contemplated litigation or in
settlement discussions conducted in order to avoid or resolve litigation. (Specifically,
negotiations regarding the Firerock tax litigation); and (ii) Pursuant to A.R.S. §38-
431.03(A)(1), Discussion or consideration of employment, assignment, appointment,
promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer,
appointee or employee of any public body, except that, with the exception of salary
discussion, an officer, appointee or employee may demand that the discussion or
consideration occur at a public meeting. (Specifically, reviewing applications received for
possible service on the Parks and Recreation Commission and the Strategic Planning
Advisory Commission.)
2.) ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION – Deacon Richard Smith, Church of the Ascension
ROLL CALL – Mayor Schlum
MAYOR’S REPORT
(i) Rotation of the Vice Mayor position to Councilmember Mike Archambault. Pursuant
to Section 2-2-2 of the Fountain Hills Town Code, each member of the Council,
except the Mayor, shall serve an eight-month term as Vice Mayor and shall perform
the duties of the Mayor during his absence or disability.
(ii) Recognition of Samuel Nicholson for his past service as a member of the Board of
Adjustment.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Presentation by Judi Confer, the Executive Director of the River of Times Museum,
relating to proposed changes to the Museum.
(ii) Presentation of two art donations by Parks and Recreation Director Mark Mayer -
“Need a Lift” by Randy Hand, and “Winter View” by Carlos Hadaway.
Z:\Council Packets\2009\R2-5-09\Agenda 2-05-09.doc Last printed 2/4/2009 9:38 AM Page 3 of 4
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner
restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the
matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a
future Council agenda.
CONSENT AGENDA
1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 9, 13, and 15, 2009.
2.) CONSIDERATION of RESOLUTION, 2009-02, approving an Intergovernmental
Agreement (IGA) with the Fort McDowell Yavapai Nation relating to Proposition 202
funding for 2008 in the amount of $189,900, and authorizing the expenditures to the
following entities once the funds are received: (i) The River of Time Museum in the amount
of $15,000, (ii) The Fountain Hills Chamber of Commerce Visitor’s Bureau in the amount of
$45,000, and (iii) The Fountain Hills Unified School District #98 in the amount of $129,900.
REGULAR AGENDA
3.) CONSIDERATION of CANCELLING the February 19, 2009, Regular Council Meeting, at
the request of Mayor Jay T. Schlum, due to meeting with El Salvador’s Minister of Foreign
Affairs the same evening.
4.) CONSIDERATION of APPOINTING three (3) citizens to the Board of Adjustment for a
two-year term beginning February 1, 2009, and ending January 31, 2011.
5.) DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the reduced scope of
work and reduced fee for parking improvements at the Botanical Garden.
6.) CONSIDERATION of a SPECIAL EVENT APPLICATION for the St. Patrick’s Day
Celebration presented by the Town of Fountain Hills to be held in Fountain Park, which is
scheduled for March 14, 2009, and will require closure of Saguaro Boulevard north of
Avenue of the Fountains to Palisades Boulevard from 6:00 a.m. to 8:00 p.m.
7.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE application submitted by
Larry Antes (Sons of AMVETS Squadron 7) for support of the St. Patrick’s Day Celebration
to be held in Fountain Park, which is scheduled for March 14, 2009, from 10:00 a.m. to 6:30
p.m.
8.) PRESENTATION AND DISCUSSION WITH POSSIBLE DIRECTION TO STAFF
regarding the status of State Trust Land adjacent to the McDowell Mountain Preserve.
9.) CONSIDERATION for approving RESOLUTION 2009-01, abandoning whatever right,
title, or interest the Town has in the certain easterly half right-of-way width of Mary Munde
Drive (Walk), and a 10’ Public Utility Easement, Landscape Easement, and Sidewalk
Easement located at the westerly property line of Town Center 2, Lot 1 (16410 E. El Lago
Blvd.) as recorded in Book 474 of Maps, Page 28, Records of Maricopa County, Arizona;
with various easements retained, with stipulations. ROW08-01, EA07-29 (Roman Catholic
Diocese of Phoenix)
10.) CONSIDERATION of RESOLUTION 2009-06, adopting by reference the “Drainage Policies and Standards for Maricopa County, Arizona.”
Z:\Council Packets\2009\R2-5-09\Agenda 2-05-09.doc Last printed 2/4/2009 9:38 AM Page 4 of 4
11.) CONSIDERATION of ORDINANCE 09-02, adopting by reference the “Drainage Policies
and Standards for Maricopa County, Arizona”, amending Chapter 14 of the Town Code
accordingly; and providing penalties for violations.
12.) CONSIDERATION of a SERVICES AGREEMENT with 3D/International, Inc. in the
amount of $190,401.33 for the Alamosa sidewalk improvement.
13.) QUARTERLY UPDATE by the Director of Planning and Zoning on ACTIVITIES AND
PROJECTS.
14.) CONSIDERATION of adopting COUNCIL GOALS for Fiscal Year 2009-2010.
15.) DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the Firerock
litigation.
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) directing staff to conduct further research and report back to the
Council:
A. None.
17.) SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager.
18.) ADJOURNMENT
DATED this 29th day of January, 2009
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call
480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to
participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff
reports furnished the Council with this agenda are available for review in the Clerk’s office.
Z:\Council Packets\2009\R2-5-09\Agenda 2-05-09.doc Last printed 2/4/2009 9:38 AM Page 1 of 4
REVISED: 2-4-09
NOTICE OF EXECUTIVE AND
REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. - EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, FEBRUARY 5, 2008
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
PROCEDURE FOR ADDRESSING THE COUNCIL
Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the
Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in
the Council Chamber Lobby and near the Clerk’s position on the dais.
Speakers will be called in the order in which the speaker cards were received either by the Clerk
or the Mayor. At that time, speakers should stand and approach the podium. Speakers are
asked to state their name prior to commenting and to direct their comments to the Presiding
Officer and not to individual Councilmembers. Speakers’ statements should not be
repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have
waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion
of their time for a later time or (ii) transfer any portion of their time to another speaker.
If there is a Public Hearing, please submit the speaker card to speak to that issue during
the Public Hearing.
Individual speakers will be allowed three contiguous minutes to address the Council. Time
limits may be waived by (i) discretion of the Town Manager upon request by the speaker not
less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the
Mayor either prior to or during a Meeting. Please be respectful when making your
comments. If you do not comply with these rules, you will be asked to leave.
Mayor Jay T. Schlum
Councilmember Mike Archambault Councilmember Cassie Hansen
Councilmember Dennis Contino Vice Mayor Henry Leger
Councilmember Ginny Dickey Councilmember Keith McMahan
Z:\Council Packets\2009\R2-5-09\Agenda 2-05-09.doc Last printed 2/4/2009 9:38 AM Page 2 of 4
EXECUTIVE SESSION AGENDA
CALL TO ORDER
ROLL CALL – Mayor Schlum
1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) Pursuant to §38-
431.-3(a)(4), For discussion or consultation with the attorneys of the public body in order to
consider its position and instruct its attorneys regarding the public body’ s position regarding
contracts that are the subject of negotiations, in pending or contemplated litigation or in
settlement discussions conducted in order to avoid or resolve litigation. (Specifically,
negotiations regarding the Firerock tax litigation); and (ii) Pursuant to A.R.S. §38-
431.03(A)(1), Discussion or consideration of employment, assignment, appointment,
promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer,
appointee or employee of any public body, except that, with the exception of salary
discussion, an officer, appointee or employee may demand that the discussion or
consideration occur at a public meeting. (Specifically, reviewing applications received for
possible service on the Parks and Recreation Commission and the Strategic Planning
Advisory Commission.)
2.) ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum
INVOCATION – Deacon Richard Smith, Church of the Ascension
ROLL CALL – Mayor Schlum
MAYOR’S REPORT
(i) Rotation of the Vice Mayor position to Councilmember Mike Archambault. Pursuant
to Section 2-2-2 of the Fountain Hills Town Code, each member of the Council,
except the Mayor, shall serve an eight-month term as Vice Mayor and shall perform
the duties of the Mayor during his absence or disability.
(ii) Recognition of Samuel Nicholson for his past service as a member of the Board of
Adjustment.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Presentation by Judi Confer, the Executive Director of the River of Times Museum,
relating to proposed changes to the Museum.
(ii) Presentation of two art donations by Parks and Recreation Director Mark Mayer -
“Need a Lift” by Randy Hand, and “Winter View” by Carlos Hadaway.
Z:\Council Packets\2009\R2-5-09\Agenda 2-05-09.doc Last printed 2/4/2009 9:38 AM Page 3 of 4
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any
such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner
restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the
matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual
Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a
future Council agenda.
CONSENT AGENDA
1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 9, 13, and 15, 2009.
2.) CONSIDERATION of RESOLUTION, 2009-02, approving an Intergovernmental
Agreement (IGA) with the Fort McDowell Yavapai Nation relating to Proposition 202
funding for 2008 in the amount of $189,900, and authorizing the expenditures to the
following entities once the funds are received: (i) The River of Time Museum in the amount
of $15,000, (ii) The Fountain Hills Chamber of Commerce Visitor’s Bureau in the amount of
$45,000, and (iii) The Fountain Hills Unified School District #98 in the amount of $129,900.
REGULAR AGENDA
3.) CONSIDERATION of CANCELLING the February 19, 2009, Regular Council Meeting, at
the request of Mayor Jay T. Schlum, due to meeting with El Salvador’s Minister of Foreign
Affairs the same evening.
4.) CONSIDERATION of APPOINTING three (3) citizens to the Board of Adjustment for a
two-year term beginning February 1, 2009, and ending January 31, 2011.
5.) DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the reduced scope of
work and reduced fee for parking improvements at the Botanical Garden.
6.) CONSIDERATION of a SPECIAL EVENT APPLICATION for the St. Patrick’s Day
Celebration presented by the Town of Fountain Hills to be held in Fountain Park, which is
scheduled for March 14, 2009, and will require closure of Saguaro Boulevard north of
Avenue of the Fountains to Palisades Boulevard from 6:00 a.m. to 8:00 p.m.
7.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE application submitted by
Larry Antes (Sons of AMVETS Squadron 7) for support of the St. Patrick’s Day Celebration
to be held in Fountain Park, which is scheduled for March 14, 2009, from 10:00 a.m. to 6:30
p.m.
8.) PRESENTATION AND DISCUSSION WITH POSSIBLE DIRECTION TO STAFF
regarding the status of State Trust Land adjacent to the McDowell Mountain Preserve.
9.) CONSIDERATION for approving RESOLUTION 2009-01, abandoning whatever right,
title, or interest the Town has in the certain easterly half right-of-way width of Mary Munde
Drive (Walk), and a 10’ Public Utility Easement, Landscape Easement, and Sidewalk
Easement located at the westerly property line of Town Center 2, Lot 1 (16410 E. El Lago
Blvd.) as recorded in Book 474 of Maps, Page 28, Records of Maricopa County, Arizona;
with various easements retained, with stipulations. ROW08-01, EA07-29 (Roman Catholic
Diocese of Phoenix)
10.) CONSIDERATION of RESOLUTION 2009-06, adopting by reference the “Drainage Policies and Standards for Maricopa County, Arizona.”
Z:\Council Packets\2009\R2-5-09\Agenda 2-05-09.doc Last printed 2/4/2009 9:38 AM Page 4 of 4
11.) CONSIDERATION of ORDINANCE 09-02, adopting by reference the “Drainage Policies
and Standards for Maricopa County, Arizona”, amending Chapter 14 of the Town Code
accordingly; and providing penalties for violations.
12.) CONSIDERATION of a SERVICES AGREEMENT with 3D/International, Inc. in the
amount of $190,401.33 for the Alamosa sidewalk improvement.
13.) QUARTERLY UPDATE by the Director of Planning and Zoning on ACTIVITIES AND
PROJECTS.
14.) CONSIDERATION of adopting COUNCIL GOALS for Fiscal Year 2009-2010.
15.) DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the Firerock
litigation.
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) directing staff to conduct further research and report back to the
Council:
A. None.
17.) SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager.
18.) ADJOURNMENT
DATED this 29th day of January, 2009
Bevelyn J. Bender, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call
480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to
participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff
reports furnished the Council with this agenda are available for review in the Clerk’s office.
Design concept for:
The L. ALAN CRUIKSHANK
River of Time
Museum
Entrance Wall
Preliminary Design
Designed by: Rex Witte
To be constructed by: Rex Witte
Line drawing of rock formation
Individual panels
Individual panels assembled
Assembled panels / faux painted
Completed wall with donor plaques
929372.1
RESOLUTION NO. 2009-02
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION
RELATING TO PROPOSITION 202 FUNDING.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. That the Intergovernmental Agreement between the Town of Fountain
Hills and the Fort McDowell Yavapai Nation relating to Proposition 202 funding for promotion
of tourism and other public programs (the “Agreement”) is hereby approved in the form attached
hereto as Exhibit A and incorporated herein by reference.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town
Attorney are hereby authorized and directed to cause the execution of the Agreement and to 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 5, 2009.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jay T Schlum, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney
929372.1
EXHIBIT A
TO
RESOLUTION NO. 2009-02
[Intergovernmental Agreement]
See following pages.
Page #113
Planning & Zoning
Department Update
1
Richard Turner, AICP
Director Planning & Zoning
Signs
•Meetings with businesses
•Brochure
•A-frame review
2
Household Hazardous Waste
Collection Event
•Location
•Day and Time
•Funding
•Publicity
•What can people bring
3
Other Projects
•Land Use Analysis and Statistical Report
•PAD Zoning District
•Smart Growth Score Card
•Electronics Recycling Event
•General Plan Update
•P&Z Commission Work Study on Cut/Fill
and Retaining Wall Regulations
4