HomeMy WebLinkAboutAgenda Packet 11-15-07Page z:\council packets\2007\r11-15-07\agenda 11-15-07 .doc 11/9/2007 10:24 AM
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NOTICE OF THE
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 15, 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 AND PLEDGE OF ALLEGIANCE – Mayor Nichols
INVOCATION – Associate Pastor Kathleen Stolz,
The Fountains, A United Methodist Church
ROLL CALL – Mayor Nichols
MAYOR’S REPORT
i) None
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 of November
1, 2007.
2. CONSIDERATION of approving the LIQUOR LICENSE APPLICATION for Jordan
Burglin (Partnership – Jordan & Joe Burglin dba Casavino Custom Winery) located at
12005 N. Saguaro Boulevard, Suite. 101, Fountain Hills, AZ. This is for a series 13
Domestic Farm Winery License.
3. CONSIDERATION for approval of RESOLUTION 2007-59, abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easements located at
the westerly and northeasterly property lines of Plat 204, Block 3, Lot 12 (11612 N. Quinto
Drive) as recorded in Book 142 of Maps, Page 10, Records of Maricopa County, Arizona.
EA07-23 (Anderson).
4. CONSIDERATION for approval of RESOLUTION 2007-60, abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easements located at
the southeasterly property line of Plat 213, Block 1, Lot 3 (16633 E. Glenbrook Boulevard)
as recorded in Book 155 of Maps, Page 24,Records of Maricopa County, Arizona. EA07-28
(Hall).
5. CONSIDERATION of approving a PURCHASE AGREEMENT with World Wide
Technology, Inc. for the purchase of surveillance cameras for Golden Eagle Park under state
contract in the amount of $ $24,967.21.
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REGULAR AGENDA
6. CONSIDERATION of APPOINTING citizens to serve on the Community Center
Advisory Commission.
7. CONSIDERATION of purchasing a piece of ART from Craig Bergsgaard Studios
($70,000) including the cost of installation ($30,000) totaling $100,000.
8. CONSIDERATION of accepting a piece of ART as recommended by the Fountain Hills
Cultural Council for placement in the community.
9. CONSIDERATION of accepting a GROWING SMARTER GRANT from the Arizona
Department of Commerce in the amount of $10,000 for the update of the General Plan.
10. CONSIDERATION of a PROFESSIONAL SERVICES AGREEMENT with Olsson
Associates in the amount of $144,168 for Construction Administration Services for the
Desert Vista Neighborhood Park Improvements.
11. CONSIDERATION of a CONSTRUCTION MANAGER AT RISK AGREEMENT with
Valley Rain Construction, Inc. in the amount of $32,532.56 for pre-construction phase
services related to construction of Desert Vista Neighborhood Park Improvements.
12. CONSIDERATION of renewing the ANNUAL ASPHALT AND CONCRETE REPAIR
AND CONSTRUCTION CONTRACT –PW 2005-02 in the amount of $814,869.
13. PUBLIC HEARING of a SPECIAL USE PERMIT for 16754 – 16758 Glenbrook
Boulevard to allow “Sweet Town” and “Phil’s Place” to have outdoor patio/dining areas.
Case Number SU2007-16.
14. CONSIDERATION of a SPECIAL USE PERMIT for 16754 – 16758 Glenbrook
Boulevard to allow “Sweet Town” and “Phil’s Place” to have outdoor patio/dining areas.
Case Number SU2007-16.
15. CONSIDERATION of the LIQUOR LICENSE APPLICATION for John Rodakis (JPR
Catering LLC dba Phil’s Place) located at 16758 Glenbrook Boulevard, Fountain Hills, AZ.
This is for a series 12 Restaurant License.
16. CONSIDERATION of INITIATING amendments to Chapter 18 of the Zoning Ordinance,
Town Center Commercial Zoning District (TCCD).
17. CONSIDERATION of INITIATING an application to rezone thirteen (13) acres of
property located on the south side of the Avenue of the Fountains, on both sides of Verde
River Drive from C-2 to Town Center Commercial (TCCD).
18. DISCUSSION AND POSSIBLE ACTION to establish the PRIORITY SEQUENCE AND
TO SET THE ORDERLY CALENDAR for the completion/resolution by May 15, 2008, or
earlier, of the following established items of Council business:
a. Development fees adjustment
b. Downtown/Kasnoff development agreement
c. Environmental policy
d. General access to the mountain preserve
e. Preparing a sound town financial future
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f. State trust land/Ellman development agreement
g. Town Hall water feature at Avenue of the Fountains and La Montana Drive
h. Traffic control at Avenue of the Fountains and Saguaro.
19. SUMMARY of COUNCIL REQUESTS by Town Manager.
20. 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) This item was brought forward by Councilmember McMahan for consideration of
placement on a future agenda for Council action: Reconsideration of the traffic
control at Avenue of the Fountains and Saguaro Boulevard.
21. ADJOURNMENT.
DATED this 9th day of November 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 15, 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 November 1,
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 11/9/07
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TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: November 15, 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 LIQUOR LICENSE APPLICATION for Jordan Burglin
(Partnership – Jordan and Joe Burglin dba Casavino Custom Winery), located at 12005 N. Saguaro Boulevard,
Suite 101, Fountain Hills. This is for a series 13 – Domestic Farm Winery License
Applicant: Jordan Burglin (Partnership – Jordan and Joe Burglin dba Casavino Custom Winery)
Applicant Contact Information: 480-816-8466
Property Location: 12005 N. Saguaro Blvd., Ste. 101, Fountain Hills, AZ
Related Ordinance, Policy or Guiding Principle: A.R.S. § 4-101, 4-201, 4-202, 4-203, 4-205.04 and R19-1-102
Staff Summary (background): The purpose of this item is to obtain Council's recommendation for a liquor license
application submitted by Jordan Burglin for submission to the Arizona Department of Liquor. The application was
reviewed by staff for compliance with Town ordinances. Staff recommended approval of this liquor license application.
A Series 13 – Domestic Farm Winery License allows a domestic farm winery licensee to manufacture or produce at least
two hundred (200) gallons, but not more than forty thousand (40,000) gallons of wine annually; sell wine produced or
manufactured on the premises for consumption on or off the premises, and may make sales and deliveries of wine to
persons licensed to sell wine and to serve wine produced or manufactured on the premises for the purpose of sampling.
The licensee must report annually at the end of each fiscal year to the Arizona Department of Liquor the amount of wine
manufactured. If the total amount of wine manufactured exceeds the amount permitted by a Series 13 license, the licensee
must apply for and receive a Series 01 license (In-state Producer).
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): Front page of the application and staffs’ recommendation
Submitted by:
__________________________________________
Approved:
_________________________________________
Town Manager Date
Bevelyn J. Bender/Town Clerk 11/5/07
Approved by:
___________________________________________
Department Director Date
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 11-15-07
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 2007-59 abandoning whatever right, title, or
interest the Town has in the certain public utility and drainage easements located at the westerly and northeasterly
property lines of Plat 204, Block 3, Lot 12 (11612 N. Quinto Drive) as recorded in Book 142 of Maps, Page 10, Records of
Maricopa County, Arizona. EA07-23 (Anderson)
Applicant: Carl D. Anderson
Applicant Contact Information: 11612 N. Quinto Drive, Fountain Hills, AZ 85268, 480-816-0296
Property Location: 11612 N. Quinto 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 (10’) foot public
utility and drainage easements located at the westerly and northeasterly property lines of Plat 204, Block 3, Lot 12, (11612 N.
Quinto 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. Cox Communications has requested to retain an easement at the front corner
of the lot for their existing pedestal box; a 10’ x 10’ PUE (Public Utility Easement) will be retained there.
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 12 are required to pass the developed flows generated by
the upstream lots across their property.
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 2007-59.
SUGGESTED MOTION: Move to approve.
Attachment(s): Resolution, Exhibit.
Submitted by:
___________________________________________
Randy Harrel, Town Engineer Date
Approved:
_________________________________________
Town Manager Date
Approved by:
___________________________________________
Tom Ward, Director of Public Works Date
RESOLUTION 2007-59
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 AND NORTHEASTERLY PROPERTY LINE OF
PLAT 204, BLOCK 3, LOT 12, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN
BOOK 142 OF MAPS, PAGE 10, 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 ten (10’) foot public utility and drainage easement,
located at the westerly and northeasterly property lines of Plat 204, Block 3, Lot 12, Fountain Hills, as
recorded in Book 142 of Maps, Page 10, 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 15, 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
TOWN OF FOUNTAIN HILLS
TOWN COUNCIL
AGENDA ACTION FORM
Meeting Date: 11-15-07
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 2007-60 abandoning whatever right, title, or
interest the Town has in the certain public utility and drainage easements located at the southeasterly property line of Plat
213, Block 1, Lot 3 (16633 E. Glenbrook Blvd.) as recorded in Book 155 of Maps, Page 24,Records of Maricopa County,
Arizona. EA07-28(Hall)
Applicant: Lisa Hall
Applicant Contact Information: 16633 E. Glenbrook Blvd., Fountain Hills, AZ 85268, 480-816-4678
Property Location: 16633 E. Glenbrook Blvd.
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 (10’) foot public
utility and drainage easements located at the southeasterly property line of Plat 213, Block 1, Lot 3 (16633 E. Glenbrook
Blvd.), 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 3 are required to pass the developed flows generated by the
upstream lots across their property.
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 2007-60.
SUGGESTED MOTION: Move to approve
Attachment(s): Resolution, Exhibit
Submitted by:
___________________________________________
Randy Harrel, Town Engineer Date
Approved:
_________________________________________
Town Manager Date
Approved by:
___________________________________________
Tom Ward, Director of Public Works Date
RESOLUTION 2007-60
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
EASEMENT AT THE SOUTHEASTERLY PROPERTY LINE OF PLAT 213, BLOCK 1,
LOT 3, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS,
PAGE 24, 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 (10’) foot public utility and drainage easements, located at the
southeasterly property line of Plat 213, Block 1, Lot 3, Fountain Hills, as recorded in Book 155 of Maps,
Page 24, 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 15, 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