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Home My WebLink About1-19-06 BinderDocument in Binder1 Page 1of 2 Last printed 1/13/2006 10:12 AM NOTICE OF SPECIAL EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Mike Archambault Councilman Keith McMahan Councilman John Kavanagh Councilman Ed Kehe Vice Mayor Jay Schlum TIME: Approximately 6:30 P.M. - EXECUTIVE SESSION The Special Executive Session will convene directly after the McDowell Mountain Preservation Commission joint session. WHEN: TUESDAY, JANUARY 17, 2006 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ (Executive Session will be held in 2nd floor Conference Room) 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 Council Members. 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. Document in Binder1 Page 1of 2 Last printed 1/13/2006 10:12 AM • CALL TO ORDER –Mayor Nichols 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. § 38-431-03.A.1, for 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 discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meting. 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, to review Strategic Planning Advisory Commission applications.) 2. RETURN TO SPECIAL SESSION 3. ADJOURNMENT. DATED this 13th day of January, 2006. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (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. NOTICE OF EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Mike Archambault Councilman Keith McMahan Councilman John Kavanagh Councilman Ed Kehe Vice Mayor Jay Schlum TIME: 5:00 - 6:25 P.M. - EXECUTIVE SESSION 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, JANUARY 19, 2006 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ (Executive Session will be held in 2nd floor Conference Room) 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 Council Members. 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. Z:\Council Packets\2006\R1-19-06\Agenda Regular and Executive Session 1-19-06.doc Page 1of 4 Last printed 1/13/2006 2:33 PM Z:\Council Packets\2006\R1-19-06\Agenda Regular and Executive Session 1-19-06.doc Page 1of 4 Last printed 1/13/2006 2:33 PM • CALL TO ORDER –Mayor Nichols 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to A.R.S. § 38-431-03.A.1, for 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 discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meting. 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, Strategic Planning Advisory Commission applicant interviews will be conducted); Pursuant to A.R.S. § 38-431- 03-A.3, for discussion or consultation for legal advice with the attorney or attorneys of the public body. (Specifically, fractional ownership.); and Pursuant to A.R.S. § 38-431-03-A.4, for discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body’s position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in Settlement discussion conducted in order to avoid or resolve litigation. (Specifically, Cox Communication.) 2. RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Pastor Tom Daly, Trinity Lutheran Church • ROLL CALL – Mayor Nichols • MAYOR’S REPORT (i) The Mayor will read a proclamation declaring February 2, 2006, Pony Express Day. (ii) The Mayor will recognize the outgoing Park and Recreation Commissioners, the Community Center Advisory Commissioners, and the Public Safety Advisory Commissioner. 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 property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members 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 5, 2006. *2.) CONSIDERATION of RESOLUTION 2006-07, abandoning whatever right, title or interest the Town has in the certain public utility and drainage easements located at the northerly property line of Plat 505D, Block 2, Lot 51 (15516 E. Grassland Drive) as recorded in Book 158 of Maps, Page 41 Records of Maricopa County, Arizona. EA05-24 (Tucker) *3.) CONSIDERATION of approving a CONTRACT with Ardavin Builders, Inc. in the amount of $134,000.00 for Fountain Park Phase III Improvements (picnic ramadas). *4.) CONSIDERATION of a review of the SPECIAL USE PERMIT, previously issued, for an outdoor exercise and play area for, “Zusia’s Doggie Daycare and Salonspa,” located at 16650 Palisades Blvd., Suite #110, aka The Crossings at Fountain hills, aka Lot 2, Block 3, Plat 102. Case #SU2005-01. *5.) CONSIDERATION of approving an AMENDED PLAT for Golden Eagle Estates, Lots 12 and 13 to Replat of Lots 12 and 13 Golden Eagle Estates Final Plat. Case#S2005-24. *6.) CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE for the American Legion Post #58 scheduled for January 27, 2006. *7.) CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE for the American Legion Auxiliary Unit #58 scheduled for February 2, 2006 (Pony Express Days). *8.) CONSIDERATION of approving an EXPENDITURE through the Western States Contracting Alliance, in the amount of $25,472.62, to Hewlett Packard Company for laptop computers, workstations, and servers. *9.) CONSIDERATION of approving SETTLEMENT of franchise fee audit in amounts discussed in executive session and authorizing the Town Manager to execute letter. REGULAR AGENDA 10.) CONSIDERATION of APPOINTING six citizens to fill openings on the newly created Senior Services Advisory Commission. 11.) CONSIDERATION of awarding the bid for BANKING SERVICES to JP Morgan Chase (Bank One). 12.) PRESENTATION AND CONSIDERATION of approving the DESIGN for the Avenue of the Fountains enhancement project– Phase I. 13.) CONSIDERATION of ORDINANCE 06-06, amending the Town Code, Chapter 7, Building and Building Regulations, Article 7-10, relating to Commercial Development Fees. 14.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE 15.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 16.) ADJOURNMENT. DATED this 13th day of January, 2006. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting Z:\Council Packets\2006\R1-19-06\Agenda Regular and Executive Session 1-19-06.doc Page 2of 4 Last printed 1/13/2006 2:33 PM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: January 19, 2006 Submitting Department: Parks and Recreation Department Contact Person: Mark C. Mayer Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Presentation to commissioners Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: Presentation of plaques of appreciation to outgoing members of the Park and Recreation Commission and the Community Center Advisory Commission Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Staff would like to recognize outgoing commissioners of the two bodies for their years of service to the Town List All Attachments as Follows: Copy of comments to be made by the Mayor in recognition of commissioner's service to the Town Type(s) of Presentation: Verbal - Mayor Nichols Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/19/06 Submitting Department: Administration Contact Person: Tim Pickering Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Presentation to Commissioner Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Presentation of plaque of appreciation to Dr. Paul Kolwaite, outgoing commissioner on the Public Safety Advisory Commission. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Recognition of service of the outgoing commissioner. List All Attachments as Follows: Copy of comments to be made by the Mayor. Type(s) of Presentation: Verbal presentation by Mayor Nichols. Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: January 19, 2006 Submitting Department: Administration Contact Person: Bender Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Draft Meeting Minutes Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from January 5, 2006. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Approve the council meeting minutes for archival purposes. List All Attachments as Follows: Draft minutes Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee Document in Binder1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 1/19/06 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2006-07 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly property line of Plat 505D, Block 2, Lot 51 (15516 E. Grassland Drive) as recorded in Book 158 of Maps, Page 41 Records of Maricopa County, Arizona. EA05-24 (Tucker) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in Binder1 TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: December 13, 2005 FR: Art Candelaria Randy Harrel Reviewed: Tom Ward RE: Easement Abandonment - EA05-24 15516 E. Grassland Drive Plat 505D, Block 2, Lot 51 This item on the Town Council's agenda is a proposal to abandon portions of the ten (10’) foot public utility and drainage easements located at the northerly property line of Plat 505D, Block 2, Lot 51, (15516 E. Grassland Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 51 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2006-07. Enc: Resolution Exhibit c: Robert & Karen Tucker Adjacent Property Owners Document in Binder1 RESOLUTION 2006-07 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE NORTHERLY PROPERTY LINE OF PLAT 505D, BLOCK 2, LOT 51, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 41 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easement, located at the northerly property line of Plat 505D, Block 2, Lot 51, Fountain Hills, as recorded in Book 158 of Maps, Page 41 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in Binder1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 19, 2006. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in Binder1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: January 19, 2006 Submitting Department: Park and Recreation Department Contact Person: Mark C. Mayer Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Appointments to Commission Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: Consideration of appointing six citizens to fill openings on the newly created Senior Services Advisory Commission Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The Town Council approved Resolution #2005-54, which included bylaws for the newly created Senior Services Advisory Commission at its November 3, 2005, regular meeting. As a continuation of that process, the Mayor and Council interviewed six individuals as potential members of the seven member commission on January 10, 2006. Those interviewed were Walt Dunne, Myrle Erlich, John O'Flynn, Barbara Patterson, Edward Cisak, and Dan Coughenour. Section 9.5(C), of the Council Rules of Procedures, indicates that the appointees would serve staggered terms of up to 3 years. In discussing the initial appointments with the Town Attorney, it is suggested that four candidates be appointed for 3 years and three be appointed for two years. Staff will continue to recruit for openings on this commission and several others. List All Attachments as Follows: Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager