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HomeMy WebLinkAboutAgenda Packet 11-01-07Page z:\council packets\2007\r11-1-07\agenda 11-01-07 .doc 10/26/2007 4:13 PM Page 1 of 3 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 Page z:\council packets\2007\r11-1-07\agenda 11-01-07 .doc 10/26/2007 4:13 PM Page 2 of 3 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 Page z:\council packets\2007\r11-1-07\agenda 11-01-07 .doc 10/26/2007 4:13 PM Page 3 of 3 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. Page 1 of 2 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