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Home My WebLink AboutAgenda 3-20-08 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, MARCH 20, 2008 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\2008\r3-20-08\agenda 3-20-08.doc 3/14/2008 4:51 PM Page 1 of 3 • CALL TO ORDER –Mayor Nichols 1.) ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: 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 reviewing three applications received for one vacancy for consideration of serving on the Senior Services Advisory Commission.); and 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, the Golf Resort LLC litigation.) 2.) RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Mr. Fred Widom with Temple Beth Hagivot. • 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 March 6, 2008. 2. CONSIDERATION of approving RESOLUTION 2008-03, declaring and adopting the results of the Primary Election held on March 11, 2008. 3. CONSIDERATION for approving RESOLUTION 2008-12, abandoning whatever right, title, or interest the Town has in the certain drainage easement located at the northeasterly property line of Plat 505A, Block 5, Lot 12 (15819 N. Boulder Dr.) as recorded in Book 158 of Maps, Page 40, Records of Maricopa County, Arizona. EA08-01 (Bovinette) Page z:\council packets\2008\r3-20-08\agenda 3-20-08.doc 3/14/2008 4:51 PM Page 2 of 3 4. CONSIDERATION for approving RESOLUTION 2008-11, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the north and east property line of Plat 603A, Block 06, Lot 08 (17510 E. Sycamore Dr.) as recorded in Book 196 of Maps, Page 28, Records of Maricopa County, Arizona. EA08-02 (Gullickson) 5. CONSIDERATION of approving the MCDOWELL MOUNTAIN PRESERVE MASTER PLAN revision to allow expanded trail usage and designate the Promenade Trail and North Trail as, “multi- use, non-horse”. REGULAR AGENDA 6. CONSIDERATION of approving a PURCHASE AGREEMENT with Applied Creative, Inc. for Town website re-design and maintenance software in the amount of $28,368.00. 7. CONSIDERATION of approving a CONTRACT with Creative Environments in the amount of $24,703.52 for the installation of a base landscape water feature designed to support two bronze art pieces at the North West corner of Town Hall. 8. 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 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. 9. SUMMARY of COUNCIL REQUESTS by Interim Town Manager. 10. COUNCIL DISCUSSION/DIRECTION to the Interim 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. 11. ADJOURNMENT. DATED this 14th day of March 2008. 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 z:\council packets\2008\r3-20-08\agenda 3-20-08.doc 3/14/2008 4:51 PM Page 3 of 3 z:\council packets\2008\r3-20-08\aaf minutes.docx Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 3/20/2008 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 March 6, 2008. 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 3/7/2008 Approved: _________________________________________ Interim Town Manager Date RESOLUTION NO. 2008-03 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 11, 2008. WHEREAS, the Town of Fountain Hills (the “Town”) did hold a primary election on March 11, 2008 (the “Primary Election”) for the nomination/election of the Mayor and three Councilmembers; and WHEREAS, the Primary Election returns have been presented to and have been canvassed by the Mayor and Council of the Town of Fountain Hills. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the total number of ballots cast at the Primary Election, as shown by the poll lists was _____. SECTION 2. That the number of provisional ballots was_____, the number of conditional provisional ballots was _____, the number of challenged ballots was _____, the number of invalid ballots was _____. SECTION 3. That the votes cast for the candidates for Mayor were as follows: PPNO#1 PPNO#2 PPNO#3 PPNO#4 PPNO#5 TOTALNAME MILES, Jerry SCHLUM, Jay SECTION 4. That the votes cast for the candidates for Councilmember were as follows: NAME PPNO#1 PPNO#2 PPNO#3 PPNO#4 PPNO#5 TOTAL BELLENIR, Lina CONTINO, Dennis HANSEN, Cassie KELLY, Kathie MCMAHAN, Keith TYLER, Michael 845224.1 845224.1 2 SECTION 5. That it is hereby found, determined and declared of record, that the following candidates for Mayor and Councilmembers did receive the greatest number of votes of the electors of the Town at the Primary Election and are hereby issued certificates of election: MAYOR: Jay Schlum COUNCILMEMBER: Cassie Hansen COUNCILMEMBER: Keith McMahan SECTION 6. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, March 20, 2008. 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