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Home My WebLink About5-3-07 packetZ:\Council Packets\2007\R5-3-07\Agenda 5-3-07.doc Last printed 4/27/2007 10:50 AM NOTICE OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilmember Mike Archambault Councilmember Henry Leger Councilmember Ginny Dickey Vice Mayor Keith McMahan Councilmember Ed Kehe Councilmember Jay Schlum TIME: 5:30 P.M. to 6:25 P.M. - EXECUTIVE SESSION (Executive Session will be held in 2nd floor Fountain Conference Room) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, MAY 3, 2007 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 EAST 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. Z:\Council Packets\2007\R5-3-07\Agenda 5-3-07.doc Last printed 4/27/2007 10:50 AM CALL TO ORDER –Mayor Nichols 1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) Pursuant to §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 discussions conducted in order to avoid or resolve litigation. (Specifically, the FireRock tax litigation.); and (ii) Pursuant to § 38-431.03(A)(3), For discussion or consultation for legal advice with the attorney or attorneys of the public body. (Specifically, legal advice regarding access into the Preserve.) 2.) RETURN TO REGULAR SESSION CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols INVOCATION –Reverend Daniel Robling of the Anglican Church of the Atonement ROLL CALL – Mayor Nichols MAYOR’S REPORT (i) Mayor Nichols will read a proclamation declaring May 2007 as National Neurofibromatosis Awareness Month. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) None. 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 April 10 and 19, 2007. 2.) CONSIDERATION of approving the LIQUOR LICENSE APPLICATION for Zocal Cocina y Cantina [Vincent Calamia], located at 13407 N. La Montana Drive, Fountain Hills. This request is for a Class 12 Liquor License. 3.) CONSIDERATION of approving of approving the LIQUOR LICENSE APPLICATION for Parkview Tap House [Randy D. Nations], located at 16828 East Parkview Ave, Fountain Hills. This request is for a Class 12 Liquor License. Z:\Council Packets\2007\R5-3-07\Agenda 5-3-07.doc Last printed 4/27/2007 10:50 AM 4.) CONSIDERATION of approving a CONTRACT with Heinfeld, Meech & Co., P.C., Certified Public Accountants, in the amount of $104, 612, for auditing services for three fiscal years, 2007 through 2009. 5.) CONSIDERATION of ACCEPTING the donation and placement of a sculpture for public display as recommended by the Cultural Art Council. 6.) CONSIDERATION of APPROVING an expenditure of $35,449.96 to replace trees on Palisades, Saguaro and Shea Boulevards destroyed by the July 2006 storm. REGULAR AGENDA 7.) DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the establishment of TEMPORARY OR PERMANENT ACCESS to the McDowell Mountain Preserve. 8.) PUBLIC HEARING of SPECIAL USE PERMITS for Firerock Plaza to allow “Coffee Plantation”, to provide drive-thru window service to customers; to have extended hours of operation; and to have an outdoor patio/dining area; aka Replat 704, Block 6, Lot 6. Case Numbers SU2007-04, SU2007-05, and SU2007-06. 9.) CONSIDERATION of a SPECIAL USE PERMIT for Firerock Plaza to allow “Coffee Plantation” to provide drive-thru window service to customers, aka Replat 704, Block 6, Lot 6, Case# SU2007-04. 10.) CONSIDERATION of a SPECIAL USE PERMIT for Firerock Plaza to allow “Coffee Plantation” to have extended hours of operation, aka Replat 704, Block 6, Lot 6, Case# SU2007-05. 11.) CONSIDERATION of a SPECIAL USE PERMIT for Firerock Plaza to allow “Coffee Plantation” to have an outdoor patio/dining area, aka Replat 704, Block 6, Lot 6, Case# SU2007-06. 12.) CONSIDERATION of approving the SECOND AMENDMENT AND RESTATED LICENSE AGREEMENT with Coxcom, Inc. dated May 1, 2007. 13.) DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the FireRock tax litigation. 14.) SUMMARY of COUNCIL REQUESTS by Town Manager. 15.) 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 Z:\Council Packets\2007\R5-3-07\Agenda 5-3-07.doc Last printed 4/27/2007 10:50 AM 16.) ADJOURNMENT. DATED this 27th day of April, 2007. 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. Page 1 of 2 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: May 3, 2007 Meeting Type: Regular Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Bevelyn J Bender, 480-816-5115, bbender@fh.az.gov Strategic Priority: Not applicable Council Goal: Not applicable REQUEST TO COUNCIL: CONSIDERATION of approving the Town Council meeting MINUTES from April 10 and 19, 2007. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: A.R.S. §38-431.01 Staff Summary (background): The intent of approving previous meeting minutes is to ensure an accurate account of the discussion and action that took place at that meeting for archival purposes. Minutes are placed on the Town’s website in compliance with state law within the two days of Council approval. Risk Analysis (options or alternatives with implications): N/A Fiscal Impact (initial and ongoing costs; budget status): N/A Recommendation(s) by Board(s) or Commission(s): N/A Staff Recommendation(s): Approve SUGGESTED MOTION: Move to approve the consent agenda. Attachment(s): None Submitted by: __________________________________________ Approved: _________________________________________ Town Manager Date Bevelyn J. Bender/Town Clerk 4/27/07 Approved by: ___________________________________________ Department Director Date Z:\Council Packets\2007\R5-3-07\Agenda 5-3-07.doc Last printed 4/27/2007 1:09 PM 4.) CONSIDERATION of approving a CONTRACT with Heinfeld, Meech & Co., P.C., Certified Public Accountants, in the amount of $104, 612, for auditing services for three fiscal years, 2007 through 2009. 5.) CONSIDERATION of ACCEPTING the donation and placement of a sculpture for public display as recommended by the Cultural Art Council. 6.) CONSIDERATION of APPROVING an expenditure of $35,449.96 to replace trees on Palisades, Saguaro and Shea Boulevards destroyed by the July 2006 storm. REGULAR AGENDA 7.) DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the establishment of TEMPORARY OR PERMANENT ACCESS to the McDowell Mountain Preserve. 8.) PUBLIC HEARING of SPECIAL USE PERMITS for Firerock Plaza to allow “Coffee Plantation”, to provide drive-thru window service to customers; to have extended hours of operation; and to have an outdoor patio/dining area; aka Replat 704, Block 6, Lot 6. Case Numbers SU2007-04, SU2007-05, and SU2007-06. 9.) CONSIDERATION of a SPECIAL USE PERMIT for Firerock Plaza to allow “Coffee Plantation” to provide drive-thru window service to customers, aka Replat 704, Block 6, Lot 6, Case# SU2007-04. 10.) CONSIDERATION of a SPECIAL USE PERMIT for Firerock Plaza to allow “Coffee Plantation” to have extended hours of operation, aka Replat 704, Block 6, Lot 6, Case# SU2007-05. 11.) CONSIDERATION of a SPECIAL USE PERMIT for Firerock Plaza to allow “Coffee Plantation” to have an outdoor patio/dining area, aka Replat 704, Block 6, Lot 6, Case# SU2007-06. 12.) CONSIDERATION of approving the SECOND AMENDMENT AND RESTATED LICENSE AGREEMENT with Coxcom, Inc. dated May 1, 2007. 13.) DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the FireRock tax litigation. 14.) SUMMARY of COUNCIL REQUESTS by Town Manager. 15.) 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 Z:\Council Packets\2007\R5-3-07\Agenda 5-3-07.doc Last printed 4/27/2007 1:09 PM 16.) ADJOURNMENT. DATED this 27th day of April, 2007. 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.