HomeMy WebLinkAboutAgenda Packet 11-01-07Page z:\council packets\2007\r11-1-07\agenda 11-01-07 .doc 10/26/2007 4:13 PM
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NOTICE OF THE EXECUTIVE AND
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M. - 6:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in 2nd floor Fountain Conference Room)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 1, 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. If there is a Public
Hearing, please submit the speaker card for that issue prior to the beginning of the
Public Hearing and the Consideration of said issue.
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. In order to conduct an orderly business meeting, the Presiding Officer shall keep
control of the meeting and shall require the speakers and audience to refrain from abusive
or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts
or interferes with the orderly conduct of the business of the meeting. Personal attacks on
Council members, Town staff or members of the public are not allowed. Please be respectful
when making your comments. If you do not comply with these rules, you will be asked to
leave.
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.
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.
Mayor Wally Nichols
Councilmember Mike Archambault Councilmember Henry Leger
Vice Mayor Ginny Dickey Councilmember Keith McMahan
Councilmember Ed Kehe Councilmember Jay Schlum
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CALL TO ORDER –Mayor Nichols
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) for the
purpose of interviewing one applicant for consideration of serving on the McDowell Mountain
Preservation Commission and (b) for the purpose of reviewing five applications received for
consideration of serving on the Community Center Advisory 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, an update regarding
negotiations for a potential downtown development contract.)
1.) RETURN TO REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
INVOCATION – Mr. Fred Windom with the Temple Beth Hagivot
ROLL CALL – Mayor Nichols
MAYOR’S REPORT
i) Ataco Reception/Public Invitation
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Department Division Informational Overview of Services Provided – Code
Enforcement (Raymond Rees)
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 October 9
and 18, 2007.
2. CONSIDERATION of approving RESOLUTION 2007-58, abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easements located at
the westerly property line of Plat 602C, Block 3, Lot 20 (12634 N. Mimosa Drive) as
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recorded in Book 166 of Maps, Page 33, Records of Maricopa County, Arizona. EA07-25
(Bartolai).
REGULAR AGENDA
3. CONSIDERATION of APPOINTING citizens to serve on the McDowell Mountain
Preservation Commission.
4. CONSIDERATION of accepting an AMATEUR AND YOUTH SPORTS PROJECT
GRANT from the Arizona Sports and Tourism Authority in the amount of $252,000 for
improvements to Desert Vista Neighborhood Park.
5. CONSIDERATION of approving the RENEWAL of the annual wash cleanup contract
with TruGreen LandCare in the amount of $137,621.
6. SUMMARY of COUNCIL REQUESTS by Town Manager.
7. 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.
8. ADJOURNMENT.
DATED this 26th day of October 2007.
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.
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TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: November 1, 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 October 9 and
18, 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. Approved minutes are placed on the Town’s website in
compliance with state law.
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 10/26/07
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 11-01-07
Meeting Type: Regular
Agenda Type: Consent
Submitting Department: Engineering
Staff Contact Information: Randy Harrel, Town Engineer, 480-816-5112, rharrel@fh.az.gov
Strategic Priority: Not applicable
Council Goal: Not applicable
REQUEST TO COUNCIL: Consideration for approval of RESOLUTION 2007-58 abandoning whatever right, title, or
interest the Town has in the certain public utility and drainage easements located at the westerly property line of Plat 602-
C, Block 3, Lot 20 (12634 N. Mimosa Drive) as recorded in Book 166 of Maps, Page 33, Records of Maricopa County,
Arizona. EA07-25 (Bartolai)
Applicant: Steve Bartolai
Applicant Contact Information: 12634 N. Mimosa Drive, Fountain Hills, AZ 85268 847-528-7056
Property Location: 12634 N. Mimosa Drive
Related Ordinance, Policy or Guiding Principle: Not applicable
Staff Summary (background): This item on the Town Council's agenda is a proposal to abandon the ten foot (10’) drainage
easement located at the westerly property line of Plat 602-C, Block 3, Lot 20, (12634 N. Mimosa Drive) as shown in Exhibit
“A”.
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 20 are required to pass the developed flows generated by
the upstream lots across their property.
The 100-year drainage flow in the swale at the rear of this lot does not encroach into this drainage easement, but is
contained within the 10’ Town-owned parcel and the 10’ D.E. on Lot 18 at the rear of this lot. So, this drainage easement
may be abandoned.
At the south side of the lot, this property slopes down into Colony Wash. The Colony Wash floodplain (which is
backwatered upstream from the culvert under Mimosa Drive), extends onto the lot past the existing southerly 10’ Public
Utility and Drainage Easement. An additional 10’ of Drainage Easement should be granted on the south edge of the lot to
contain the existing 100-year floodplain. (Because of the steep slope down to Colony Wash in this additional 10’ Drainage
Easement width, Staff does not anticipate that the grant of this easement would infringe on any probable uses of the lot.)
Risk Analysis (options or alternatives with implications): Not applicable.
Fiscal Impact (initial and ongoing costs; budget status): Not applicable.
Recommendation(s) by Board(s) or Commission(s): Not applicable.
Staff Recommendation(s): Staff recommends approval of Resolution 2007-58, subject to the following stipulation:
Grant a 10’-wide Drainage Easement adjacent to the existing 10’ PUE and DE at the south side of the lot, to
contain the 100-year floodplain of Colony Wash.
.
SUGGESTED MOTION: Move to approve.
Attachment(s): Aerial Photo, Resolution, Exhibit
Submitted by:
Randy Harrel, Town Engineer Date
Approved:
Town Manager Date
Approved by:
Tom Ward, Director of Public Works Date
RESOLUTION 2007-58
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR
INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS AT THE WESTERLY PROPERTY LINE OF PLAT 602-C, BLOCK 3,
LOT 20, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 166 OF MAPS,
PAGE 33, 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 the certain ten foot (10’) public utility and drainage easement, located at the
westerly property line of Plat 602-C, Block 3, Lot 20, Fountain Hills, as recorded in Book 166 of Maps, Page
33, 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.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
November 1, 2007.
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