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Home My WebLink About6-21-07 Packetz:\council packets\2007\r6-21-07\cmd packet\agenda special session 6-21-07 cottownwoods.doc Last printed 6/15/2007 11:07 AM NOTICE OF SPECIAL SESSION OF THE DISTRICT BOARD OF THE COTTONWOOD MAINTENANCE DISTRICT [CMD] WHEN: THURSDAY, JUNE 21, 2007 TIME: IMMEDIATELY FOLLOWNG THE 6:15 P.M. EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD MEETING AND PRIOR TO THE REGULAR MEETING OF THE TOWN OF FOUNTAIN HILLS COUNCIL WHERE: FOUNTAIN HILLS TOWN HALL COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS Pursuant to A.R.S. §38-431.02, notice is hereby given to the Directors of the District Board of the Cottonwood Maintenance District and to the general .public that the District Board of the Cottonwood Maintenance District will hold a special session open to the public, which will begin immediately following the Eagle Mountain Facilities District Board Meeting and prior to the June 7, 2007, Town Council meeting. AGENDA 1. Meeting CALLED TO ORDER and ROLL CALL. 2. 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 Directors is subject to reasonable time, place and manner restrictions. The Directors 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 Directors may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future agenda. 3. CONSIDERATION of approving the CMD meeting MINUTES of June 7, 2007. 4. CONSIDERATION of RESOLUTION CMD 2007-03, assessing upon the individual lots and parcels within the District a certain sum sufficient to raise the amount estimated to be required in the annual budget, to provide funds for maintenance of certain pedestrian areas, parking and parkways, all for the fiscal year ending June 30, 2008. 5. ADJOURNMENT. DATED this 15th day of June 2007: Bevelyn J. Bender, District Clerk The Cottonwood Maintenance District, in cooperation with 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. Supporting documentation and staff reports furnished with this agenda are available for review in the Clerk’s office and on the Town’s website [www.fh.az.gov]. Page z:\council packets\2007\r6-21-07\agenda 6-21-07 .doc 6/15/2007 11:05 AM NOTICE OF THE EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:00 P.M. to 6:10 P.M. - EXECUTIVE SESSION (Executive Session will be held in 2nd floor Fountain Conference Room) THE REGULAR SESSION OF THE TOWN COUNCIL WILL BEGIN IMMEDIATELY FOLLOWING THE ADJOURNMENT OF THE EAGLE MOUNTAIN COMMUNITY FACILITIES DISTRICT BOARD AND COTTONWOOD MAINTENANCE DISTRICT BOARD SPECIAL SESSIONS SCHEDULED TO BEGIN AT 6:15 P.M. WHEN: THURSDAY, JUNE 21, 2007 [TENTATIVELY 6:30 P.M] 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 prior to 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 Wally Nichols Councilmember Mike Archambault Councilmember Henry Leger Councilmember Ginny Dickey Vice Mayor Keith McMahan Councilmember Ed Kehe Councilmember Jay Schlum Page z:\council packets\2007\r6-21-07\agenda 6-21-07 .doc 6/15/2007 11:05 AM CALL TO ORDER –Mayor Nichols 1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: (i) Pursuant to §38- 431.03(A)(1), for discussion or employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public 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, (a) the Town Manager’s 2007 performance evaluation process and (b) for the purpose of interviewing applicants for the vacancy on the Planning and Zoning Commission.); and (ii) 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, a possible license agreement with MCO.) 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) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Department Division Information Overview Of Services Provided – Facilities Maintenance [Don Thumith]. 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 7 [Special & Regular], 2007. 2. CONSIDERATION of approving the CANCELLATION of the Fountain Hills’ Town Council meetings scheduled for July 5, 10, and 19, 2007. 3. CONSIDERATION of approving RESOLUTION 2007-31, an Amendment to the Fiscal Year 06- 07 Intergovernmental Agreement with Maricopa County to provide Special Transportation Services (STS) in an amount not-to-exceed $90,380.79. Page z:\council packets\2007\r6-21-07\agenda 6-21-07 .doc 6/15/2007 11:05 AM 4. CONSIDERATION of approving an AMENDMENT to the engineering contract in the amount of $335,411.80 with Entellus, Inc. for design of a climbing lane along Shea Boulevard between Fountain Hills Boulevard and Palisades Boulevard. 5. CONSIDERATION of approving Resolution 2007-28, an intergovernmental agreement between the Town of Fountain Hills and the Fort McDowell Yavapai Nation for reimbursement of a portion of the Candidate Assessment Report (CAR) in an amount not to exceed $37,500. 6. CONSIDERATION of approving RESOLUTION 2007-34, abandoning whatever right, title, or interest the Town has in the certain No Build Easement (NBE) located at the southwesterly property line of Eagles Nest Lot 151 (16308 N. Berrego Trail) as recorded in Book 742 of Maps, Page 13 Records of Maricopa County, Arizona. EA07-10 (EN LLC) 7. CONSIDERATION of approving RESOLUTION 2007-35, abandoning whatever right, title, or interest the Town has in the existing Drainage Easement in Lot 117 of Eagles Nest Parcel 10. EA07-13 (EN LLC) 8. CONSIDERATION of approving the CONTRACT RENEWAL with Buse Printing and Advertising for printing services of the Compass and In The Loop publications for FY07/08 9. CONSIDERATION of approving an AMENDMENT to the engineering contract in the amount of $10,800 with CK Group, Inc. for services during construction of the Traffic Signal at Palisades Boulevard and Sunridge Drive intersection. 10. CONSIDERATION of approving a CONTRACT with Image Weavers, in the amount of $45,500, for the Revenue Shortfall Education Program and the Strategic Planning Advisory Commission updates. 11. CONSIDERATION of approving the renewal of the annual Nichols and Sons Landscape Maintenance CONTRACT for fiscal year 2007-2008 in the amount of $269,370.00. 12. CONSIDERATION of approving the renewal of the annual landscaping CONTRACT with Mariposa Horticultural Enterprises, Inc., for fiscal year 2007-2008 in the amount of $298,891.92. REGULAR AGENDA 13. CONSIDERATION of APPOINTING one citizen to the Planning and Zoning Commission to fill the vacancy created by a resigning member. 14. DISCUSSION with POSSIBLE DIRECTION to staff regarding access to the McDowell Mountain Preserve. 15. CONSIDERATION of RESOLUTION 2007-37, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to taxation a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amounts estimated to be required in the annual budget, specifically bonded indebtedness, for the purpose of paying principal and interest upon bonded indebtedness; all for the fiscal year ending June 30, 2007. 16. CONSIDERATION of approving an AMENDMENT to the CONSTRUCTION MANAGER AT RISK AGREEMENT with Valley Rain Construction Corporation establishing the Guaranteed Maximum Price (GMP) in an amount not to exceed $1,364,974.10 for construction of Fountain Park Improvements. 17. CONSIDERATION of consenting to formation of the Goldfield Preserve Domestic Water Improvement District pursuant to Arizona Revised Statutes Section §48-902(G) and approving the Town Manager’s draft LETTER OF CONSENT to Goldfield Preserve Development, LLC, dated June 7, 2007. 18. SUMMARY of COUNCIL REQUESTS by Town Manager. Page z:\council packets\2007\r6-21-07\agenda 6-21-07 .doc 6/15/2007 11:05 AM 19. COUNCIL DISCUSSION/DIRECTION to the Town Manager. 20. 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: NONE 21. ADJOURNMENT. DATED this 15th day of June, 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. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: June 21, 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 of June 7, 2007 [Special and Regular Sessions]. 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 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 Page 1 of 2 Submitted by: __________________________________________ Approved: _________________________________________ Town Manager Date Bevelyn J. Bender/Town Clerk 6/15/07 Approved by: ___________________________________________ Department Director Date TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: June 21, 2007 Meeting Type: Regular Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Tim Pickering, 480-816-5106, tpickering@fh.az.gov Strategic Priority: Not applicable Council Goal: Not applicable REQUEST TO COUNCIL: CONSIDERATION of approving the CANCELLATION of the Fountain Hills’ Town Council meetings scheduled for July 5, 10, and 19, 2007. Applicant: N/A Applicant Contact Information: N/A Property Location: N/A Related Ordinance, Policy or Guiding Principle: Council Rules of Procedure Section 3.1(A) Staff Summary (background): The intent of this agenda item is to provide the public with advance notice that the July Council meetings are to be cancelled and that the next regularly scheduled Council meeting date will take place on August 2, 2007. 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 Page 1 of 2 Submitted by: __________________________________________ Approved: _________________________________________ Tim Pickering, Town Manager 6/15/07 Approved by: ___________________________________________ Department Director Date