HomeMy WebLinkAbout8-3-06 packetNOTICE OF EXECUTIVE AND
REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Wally Nichols
Councilmember Mike Archambault Councilmember Henry Leger
Councilmember Ginny Dickey Councilmember Keith McMahan
Vice Mayor Ed Kehe Councilmember Jay Schlum
TIME: 5:30 P.M. to 6:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in 2nd floor Conference Room)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, AUGUST 3, 2006
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.
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Z:\Council Packets\2006\R8-03-06\8-3-06 agenda.doc Last printed 7/28/2006 10:32 AM
• CALL TO ORDER –Mayor Nichols
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) 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 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, review of applications
received for vacancies on the Planning and Zoning Commission.); Pursuant to A.R.S. §38-
431-03.A.3, and (ii) For discussion or consultation for legal advice with the attorney or
attorneys of the public body (specifically, right-of-way liability).
2. RETURN TO REGULAR SESSION
• CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
• INVOCATION – Pastor Tony Pierce, First Baptist Church of Fountain Hills
• ROLL CALL – Mayor Nichols
• MAYOR’S REPORT – Mayor Nichols will read a proclamation declaring
August Drowning Impact Awareness Month.
CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda.
CONSENT AGENDA:
*1. CONSIDERATION of approving the Town Council MEETING MINUTES of June 13, 14,
and 15, 2006.
*2. CONSIDERATION of approving a Liquor License APPLICATION for Jason Morris
(CVS Pharmacy #9279) located at 14545 E. Palisades Boulevard, Fountain Hills, AZ. This
request is for a series 9 license.
*3. CONSIDERATION of RESOLUTION 2006-42, abandoning whatever right, title, or
interest the Town has in certain public utility and drainage easements located at the
northerly property line of Plat 401B, Block 2, Lot 11 (10423 N. Nicklaus Drive) as recorded
in Book 155 of Maps, Page 12 Records of Maricopa County, Arizona, with stipulation.
EA06-09 (Gierszewski).
*4. CONSIDERATION of approving a contract with Zumar Industries, Inc., for the purchase
of traffic signing materials in the amount of $39,410.00.
*5. CONSIDERATION of approving a one-year CONTRACT RENEWAL with TruGreen
LandCare for the annual wash clean-up project in the amount of $132,967.
REGULAR AGENDA
6. PUBLIC HEARING of ORDINANCE 06-09, which amends Chapter 2 of the Zoning
Ordinance and Chapter 6 of the Subdivision Ordinance. If adopted, the amendments would
require low-water landscaping techniques and plants within new projects. Case# Z2006-03.
7. CONSIDERATION of ORDINANCE 06-09, which amends Chapter 2 of the Zoning
Ordinance and Chapter 6 of the Subdivision Ordinance. If adopted, the amendments would
require low-water landscaping techniques and plants within new projects. Case# Z2006-03.
8. SUMMARY of COUNCIL REQUESTS by Town Manager.
9. ADJOURNMENT.
DATED this 28th day of July 2006.
Shaunna Williams, Acting 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.
Z:\Council Packets\2006\R8-03-06\8-3-06 agenda.doc Last printed 7/28/2006 10:32 AM
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: August 3, 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 June 13, 14, and 15, 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:
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 8-3-06 packet
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: August 3, 2006
Submitting Department: Administration Contact Person: Ghetti
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
Regular Agenda Wording: CONSIDERATION of a Liquor License APPLICATION for Jason Morris (CVS
Pharmacy #9279) located at 14545 E. Palisade Boulevard, Fountain Hills, AZ. This request is for a series 9
license.
Staff Recommendation: Approve Fiscal Impact: No $
Purpose of Item and Background Information:
CVS Pharmacy Corporation has merged with former Osco Pharmacy. The various departmental
recommendations have been provided. There were no issues that required a response from the Building Safety or
Public Works. Licensing’s only stipulation was that CVS apply for a Town of Fountain Hills’ business license,
which has been received, processed, and approved. Therefore, staff’s unanimous recommendation is for the
Council to recommend approval of this liquor license application.
List All Attachments as Follows: Liquor License application front page and the various departmental
recommendations
Type(s) of Presentation: None
Signatures of Submitting Staff:
____________________________ _____________________________________
Department Head Budget Review
(if item not budgeted or exceeds budget amount)
____________________________
Town Manager/Designee
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Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 8/3/06
Submitting Department: Public Works Contact Person: Randy Harrel
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 2006-42 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 401B, Block 2, Lot 11 (10423 N. Nicklaus Drive) as recorded in Book 155 of
Maps, Page 12 Records of Maricopa County, Arizona, with stipulation. EA06-09 (Gierszewski)
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 8-3-06 packet
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
MEMO
TO: Honorable Mayor and Town Council
DT: June 19, 2006
FR: Art Candelaria
Randy Harrel
Reviewed: Tom Ward
RE: Easement Abandonment - EA06-09
10423 N. Nicklaus Drive
Plat 401B, Block 2, Lot 11
This item on the Town Council's agenda is a proposal to abandon portions of the twenty (20’) foot public utility and
drainage easements located at the northerly property line of Plat 401B, Block 2, Lot 11, (10423 N. Nicklaus 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 11 are required to pass the developed flows generated by the upstream lots across
their property.
Staff recommends approval of Resolution 2006-42, subject to the following stipulation:
Grant a 5’x10’ public utility easement at the southwest corner of the lot for existing and future
utility boxes.
Enc: Resolution
Exhibit
c: Steve & Regina Gierszewski
Adjacent Property Owners
Document in 8-3-06 packet
RESOLUTION 2006-42
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
401B, BLOCK 2, LOT 11, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK
155 OF MAPS, PAGE 12 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 twenty (20’) foot public utility and drainage easement,
located at the northerly property line of Plat 401B, Block 2, Lot 11, Fountain Hills, as recorded in Book
155 of Maps, Page 12 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 8-3-06 packet
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August
3, 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 8-3-06 packet
Document in 8-3-06 packet
Town of Fountain Hills
Town Council Agenda Action Form
Meeting Type: Regular Meeting Meeting Date: 8/3/06
Submitting Department: Public Works Contact Person: John Morast
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 approving a one-year contract renewal with TruGreen
LandCare for the annual wash cleanup project in the amount of $132,967.
Staff Recommendation: Approve Fiscal Impact: Yes $132,967
Purpose of Item and Background Information: Annual wash cleanup
List All Attachments as Follows: Staff memo
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 8-3-06 packet
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
INTER OFFICE MEMO
TO: Honorable Mayor and Council
DT: June 26, 2006
FR: John Morast, Assistant Public Works Director
THRU: Tom Ward, Director of Public Works
RE: Wash Cleanup
The Town has an existing wash cleanup annual contract with TruGreen LandCare. The contract
is for a one-year period and includes yearly renewal unless written notification is given by either
party. The contract stipulates that it can be renewed for up to four additional one-year periods,
with prices adjusted for inflation each year.
The wash cleanup program has been in existence for the last ten years. It started when town staff
realized that many of our washes were overgrown, creating problems for proper drainage and fire
control. Salt Cedars and Desert Broom are the two plant species that create most of these
problems, not just in Fountain Hills, but also across the entire valley. The Fire Department
assists town staff in determining which washes contain the highest degree of concern for
potential fire hazards. Wash cleanup crews will also cut low hanging tree limbs that provide
mosquito breeding grounds when they hang in water. Eliminating these breeding grounds helps
reduce the potential of West Nile Virus carrying mosquitoes. At the same time, crews remove
any dead branches, fallen trees, trash and dumping of other miscellaneous articles. Along with
the wash cleanup we utilize the contractor to perform any necessary maintenance of our six
ADWR jurisdictional dams that are inspected annually.
The first contract year was completed in June 2005 and the third year is now up for renewal.
Staff has been satisfied with the contractor’s performance and is in favor of renewing the
contract for a third year. The contractor has agreed to a 3% increase in their overall rate
schedule. Upon a new notice to proceed issued by the town, the contractor will begin fall
scheduling cleanup crews. The new contract amount is $132,697.
Overall this program serves to lessen the liability for the town for fire hazards and potential
flooding, and reduces mosquito-breeding areas in town washes.
A map depicting locations to be cleaned in 2006-2007 is attached.
Staff recommends renewal of the annual wash cleanup contract with TruGreen LandCare in the
amount of $132,697.
Document in 8-3-06 packet
REGULAR AGENDA
6. PUBLIC HEARING of ORDINANCE 06-09, which amends Chapter 2 of the Zoning
Ordinance and Chapter 6 of the Subdivision Ordinance. If adopted, the amendments would
require low-water landscaping techniques and plants within new projects. Case# Z2006-03.
7. CONSIDERATION of ORDINANCE 06-09, which amends Chapter 2 of the Zoning
Ordinance and Chapter 6 of the Subdivision Ordinance. If adopted, the amendments would
require low-water landscaping techniques and plants within new projects. Case# Z2006-03.
8. SUMMARY of COUNCIL REQUESTS by Town Manager.
9. ADJOURNMENT.
DATED this 28th day of July 2006.
Shaunna Williams, Acting 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.
Z:\Council Packets\2006\R8-03-06\8-3-06 agenda.doc Last printed 7/28/2006 10:32 AM