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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 Page 1 of 4 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 Page z:\council packets\2007\r12-20-07\12-12-07 agenda packet\agenda 12-20-07 .doc 12/14/2007 1:42 PM Page 2 of 4 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. Page z:\council packets\2007\r12-20-07\12-12-07 agenda packet\agenda 12-20-07 .doc 12/14/2007 1:42 PM Page 3 of 4 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 Page z:\council packets\2007\r12-20-07\12-12-07 agenda packet\agenda 12-20-07 .doc 12/14/2007 1:42 PM Page 4 of 4 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. z:\council packets\2007\r12-20-07\aaf minutes.docx Page 1 of 1 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