HomeMy WebLinkAboutAgenda Packet 12-20-07Page z:\council packets\2007\r12-20-07\12-12-07 agenda packet\agenda 12-20-07 .doc 12/14/2007 1:42 PM
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NOTICE OF THE EXECUTIVE SESSION AND
REGULAR SESSION OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 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, DECEMBER 20, 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
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, for the purpose of interviewing applicants for consideration
of filling vacancies on the Board of Adjustment and the McDowell Mountain Preservation
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) a license agreement with MCO and (b) the FireRock tax litigation.)
2.) RETURN TO REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols
INVOCATION – Pastor Ewen Holmes, Fountain Hills Presbyterian 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 27, 2007, and
December 6, 2007.
2. CONSIDERATION of approving a SPECIAL EVENT APPLICATION for Thunderbird Artist’s
4th Annual Fountain Hills Fine Art and Wine Affaire scheduled to be held on Avenue of the
Fountains March 21, 2008, through March 23, 2008.
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3. CONSIDERATION of approving the WINE FESTIVAL LICENSE/WINE FAIR LICENSE for
Eric Glomski/Page Springs Cellars for their firm’s participation as a vendor in the 4th Annual
Thunderbird Artists’ Fountain Hills Fine Art and Wine Affaire Event to be held on the Avenue of
the Fountains. Vendor's requested dates and times of operation are March 21 and 22, 2008, from
9:00 a.m. to 5:30 p.m. and March 23, 2008, from 10:00 a.m. to 5:30 p.m.
4. CONSIDERATION of approving the WINE FESTIVAL LICENSE/WINE FAIR LICENSE for
Dennis Minchella/Kokopelli Winery for their firm’s participation as a vendor in the 4th Annual
Thunderbird Artists’ Fountain Hills Fine Art and Wine Affaire Event to be held on the Avenue of
the Fountains . Vendor's requested dates and times of operation are March 21, 22 and 23, 2008,
from 10:00 a.m. to 6:00 p.m. each day
5. CONSIDERATION of approving the Area Agency on Aging Purchase of Service Agreement.
6. CONSIDERATION for approval of RESOLUTION 2007-53, abandoning whatever right, title, or
interest the Town has in the certain twenty foot (20’) wide drainage easement located in Firerock
Country Club, Parcel H-2, Lot 6 (9245 Lava Bluff Trail) as recorded in Book 505 of Maps, Page 38,
Records of Maricopa County, Arizona. EA07-22 (Martinez)
REGULAR AGENDA
7. CONSIDERATION of APPOINTING two citizens to serve on the McDowell Mountain
Preservation Commission.
8. CONSIDERATION of APPOINTING a Town Manager Recruitment Committee with
POSSIBLE DIRECTION to staff and the committee.
9. CONSIDERATION of approving separate MASTER PLANS for two sites, one adjacent to
the High School, and the other adjacent to the McDowell Mountain Middle School, for joint
use by both the Fountain Hills School District #98 and the Town of Fountain Hills.
10. PRESENTATION by Ken Fairchild, a registered electrical engineer with Olsson
Associates, WITH POSSIBLE DIRECTION to staff, regarding the potential to install soft
start and surge protection to the fountain pumps at Fountain Park.
11. CONSIDERATION of approving an ENGINEERING AGREEMENT with eps group, Inc.
for design of a sidewalk on Fountain Hills Boulevard from Fayette Drive to the Fountain
Hills Unified School District #98 Middle School in the amount of $89,833.00.
12. CONSIDERATION of RESOLUTION 2007-52, endorsing the Fountain Hills Sanitary
District annexation of a portion of the former State Land property.
13. PRESENTATION by the Strategic Planning Advisory Commission on revenue shortfall solutions
with DISCUSSION AND POSSIBLE DIRECTION to staff.
14. CONSIDERATION of a proposed LICENSE AGREEMENT with MCO for temporary
access to the McDowell Mountain Preserve.
15. PROGRESS REPORT on the established items of Council business:
a. Development fees adjustment
b. Downtown development agreement/C-2 Zoning to TCCD
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.
16. SUMMARY of COUNCIL REQUESTS by Town Manager.
17. 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.
18. ADJOURNMENT.
DATED this 14th day of December 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: 12/20/2007
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 27 and December 6, 2007.
Applicant: NA
Applicant Contact Information: NA
Property Location: NA
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): NA
Fiscal Impact (initial and ongoing costs; budget status): NA
Recommendation(s) by Board(s) or Commission(s): NA
Staff Recommendation(s): Approve
SUGGESTED MOTION: Movet to approve the consent agenda.
Attachment(s): None
Submitted and Approved by:
Town Clerk 12/14/07
Approved:
_________________________________________
Interim Town Manager Date
763.1
RESOLUTION NO. 2007-52
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE ANNEXATION INTO
THE FOUNTAIN HILLS SANITARY DISTRICT OF A PORTION OF
SECTIONS 1, 2, 3 AND 12, TOWNSHIP NORTH, RANGE 6 EAST OF THE
GILA AND SALT RIVER BASE AND MERIDIAN, COMMONLY
REFERRED TO AS THE “STATE TRUST LAND.”
WHEREAS, Fountain Hills Investment Company, LLC, an affiliate of the Elman
Companies (“Ellman”), intends to request annexation of a portion of Sections 1, 2, 3 and 12,
Township North, Range 6 East of the Gila and Salt River Base and Meridian (the “State Land”)
into the Fountain Hills Sanitary District (the “District”); and
WHEREAS, Ellman has requested, pursuant to ARIZ. REV. STAT. § 48-200(c), that the
Town of Fountain Hills (the “Town”) approve the annexation of the State Land into the District
and the Mayor and Town Council of the Town of Fountain Hills (the Town Council”) desires to
approve of such annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Town Council hereby approves the annexation of the State Land
into the District.
SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute such documents and to take such other and further
actions as may be necessary or appropriate to carry out the purpose of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, December 20, 2007.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kathleen M. Zanon, Interim Town Manager Andrew J. McGuire, Town Attorney