Call to Order and Pledge of Allegiance

Roll Call

Consent Agenda

CONSIDERATION AND POSSIBLE ACTION: Relating to Council recommending approval of, to the Arizona Department of Liquor Licenses and Control, the application for a Series 12 Restaurant License for Quik Burrito, located at 16754 E. Glenbrook Boulevard, Fountain Hills, Arizona 85268
The purpose of this item is to obtain the Town Council’s recommendation (approval, disapproval, or no recommendation) regarding the application for a Series 12 Restaurant License submitted by Jesus Manuel Altamirano, agent of Quik Burrito, for submission to the Arizona Department of Liquor Licenses and Control. Staff reviewed the liquor license application and found that the liquor license application is in full compliance with Town Ordinances.

CONSIDERATION AND POSSIBLE ACTION: Approving Resolution 2026-10, an Intergovernmental Agreement with the Fountain Hills Sanitary District, for the Golden Eagle Park Dam–Debris Mitigation Improvement Project – Phase II.
In 2025, the Town completed stormwater drainage improvements within the Golden Eagle Park Impoundment Area, which are referred to as the Phase I improvements.This coming year, the Town plans to construct dam-related improvements and other improvements in the impoundment area, known as the Golden Eagle Park Dam-Debris Mitigation Improvement Project – Phase II. The project scope has also been expanded to include improvements requested by the Fountain Hills Sanitary District to protect its infrastructure. The Project combines Town-led debris mitigation improvements with District-led sanitary sewer infrastructure protection into a single construction effort.The proposed Intergovernmental Agreement (IGA) establishes roles, responsibilities, and fiscal obligations between the Town of Fountain Hills (Town) and the Fountain Hills Sanitary District (District) for coordination and cost-sharing of certain elements of the Phase II improvements.BACKGROUNDThe Phase II Project includes two coordinated components:Town Improvements:Installation of debris deflector structures and access barrier improvements at the Golden Eagle Park Dam to reduce the risk of blockage and structural damage during storm events.District Improvements:Construction of a retaining wall system and related improvements to protect an existing sanitary sewer manhole located near the dam outlet works.These improvements have been combined into a single design, permitting, and construction effort to streamline project delivery, satisfy permitting requirements, and reduce overall construction costs.DISCUSSIONThe proposed IGA establishes:• The Town as the lead agency responsible for procurement, contract administration, and construction oversight• A single construction contract covering both Town and District improvements• A clear cost allocation and reimbursement structureUnder the Agreement:• The Contractor will submit itemized invoices identifying Town and District work• The Town will review and pay 100% of each invoice, while providing the District an opportunity to review District-related costs• The District will reimburse the Town for 100% of District-related costs within 30 daysThe Agreement also clarifies that:• The Town retains full authority for procurement and construction administration• The District retains authority over construction decisions related to its sanitary sewer manhole protection improvements and has separately retained Construction Quality Assurance (CQA) services• The District’s financial responsibility is limited to its defined scope of work• The Parties will coordinate as needed during constructionThis approach provides efficient project delivery while maintaining clear accountability between the Parties.FUNDING AND REIMBURSEMENTThe Town has a separate Intergovernmental Agreement with the Maricopa County Flood Control District (MCFCD) for the Golden Eagle Park Dam Improvement Project.Under that agreement:• The Town is eligible for 75% reimbursement of its eligible project costs• This reimbursement applies only to the Town’s portion of the ProjectThe District’s portion of the Project:• Is not included in the scope of the MCFCD agreement, and• Is not eligible for reimbursement from MCFCDAccordingly:• The District will reimburse the Town for 100% of District-related construction costs• The Town will separately pursue reimbursement from MCFCD for eligible Town costs onlyThis structure ensures that funding sources remain separate and compliant with each agreement.

CONSIDERATION AND POSSIBLE ACTION: Approving a request for a CUT/FILL waiver for 13818 E. Coyote Way to allow cut and fill in excess of 10' on portions of the property.
The owner of the property at 13818 E. Coyote Way is preparing plans to build a new single-family home on this lot.  The plans submitted for this 49,783 sq. ft. lot show a total disturbance area of approximately 21,000 sq. ft.  The total area proposed under roof is 6,397 sq. ft.The lot slopes down from the street toward a drainage way across the rear (west side) of the lot.  The western portion of the lot is in a drainage easement. The highest point on the lot is at the south-east corner at 2440' and the lowest is in the north-west corner at 2370'.  The area of the lot closest to the street has a general slope between 15% and 20%.  The most significant slopes are along the southern property boundary and the west side of the lot.The plans for this two-story home set the building pad at 2421', which is about the same elevation as the street where the driveway connects to the street.  To create a level building pad, the area to the east and south of the home will be excavated to provide the driveway access to the garages on the south side of the house.  This will have the effect of screening much of the driveway and garages from the street and the neighbors to the south.  There is also a small area of excess fill on the outdoor living area behind the house next to the pool.  This area of excess fill is not visible to adjacent properties.Staff has identified three objectives in reviewing cut and fill waiver requests.  Those objectives are:1. To reduce the visual impacts of the proposed developments as viewed from the adjacent properties and right of way.Cut.  The area of cut is along the southern boundary of the property.  Two retaining walls that comply with ordinance requirements will be used to step the land down to the finish grade.  Given the topography and the curve of the street, the area of cut will be visible only to those on the property in front of the garage area.  The maximum amount of cut is over 15', but this is in a relatively small area.  Fill.  The area of excess fill in in the rear portion of the lot.  The excess fill is behind two retaining walls which comply with ordinance requirements.  The lower wall is also partially screened by use of boulders.  The rear areas of the lot slopes down to the drainage way with slopes in excess of 20%.  The property behind this lot is part of the Fountain Hills McDowell Mountain Preserve.  The nearest existing trail is over 450' away.2. To review the measures applied by the designer to minimize the amount of cut and fill on the lot.The designer of this property picked a location in the center of the lot that, for the most part, balanced out the cut and fill requirements while fitting within the setback requirements.  The excess cut along the south side of the lot is needed to provide for the driveway access to the garage area.  Shifting the house further west would cause a more significant impact with additional fill needed due the steep slopes on the west side of the property.3. What are alternatives to the proposed plan that would conform to the cut/fill requirements?Assessing alternatives to the current design that conform to ordinance requirements would necessitate submission of design options.  Review of the property by staff finds there are significant challenges relating ​to the topography ​and configuration of the lot that make alternatives challenging without complete redesign of the desired home on this lot.  The HOA has reviewed and approved the plans as designed.

Special Session Agenda

Adjournment