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TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
APRIL 4, 2013
REGULAR SESSION AGENDA
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:30 p.m.
* INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church.
* ROLL CALL
Present for roll call were the following members of the City Council: Mayor Kavanagh, Vice Mayor Elkie,
Councilmember Brown, Councilmember Yates, Councilmember Dickey, Councilmember Leger, and Councilmember
Hansen. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also
present.
* MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
Mayor Kavanagh gave a brief update on the Transaction Privilege Tax (TPT) legislation noting that negotiations were
still going on with the State Legislature, the League Cities and Towns and the Governor’s office. She noted that the
last communication received from the League of Cities stated that they were hopeful and that they were making some
progress with the two specific areas that they’ve been talking about: the continuation of local tax collection from
homes built here and on remodels rather than having them taxed at the point of sale and also the continuation of
municipal auditing of local businesses rather than turning it all that over to the Department of Revenue (DOR). The
Mayor also commented on the Volunteer Reception event that was held the previous evening with over 200 volunteer
attending. She commended staff for putting on such a great event for the volunteers. She referenced that there were
numerous awards given out and mentioned the two top award recipients: Gene Slechta (2013 Volunteer of the Year)
and Craig Rudolphy (President’s Volunteer Service Award 2013).
ii) The Mayor will read a proclamation proclaiming April as Volunteer Month in the Town of Fountain Hills.
Mayor Kavanagh read the proclamation proclaiming April as Volunteer Month in Fountain Hills (Copy found on-line
and is on file in the Clerk’s office). She stated that the Town was very lucky to have so many wonderful volunteers
and thanked all of them for all that they do all year. The Mayor commented that they certainly make Fountain Hills a
better place for all.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) PRESENTATION by Chris Coyle, Phoenix General Manager for Republic Services, regarding their
implementation of the Wrypple Rewards Program.
Mr. Chris Coyle addressed the Council and provided a brief update on the program and reviewed the implementation
schedule (Copy of the PowerPoint presentation available on-line and in the office of the Town Clerk). He introduced
the new Operations Supervisor Anthony Deitch, who will be working with staff to take care of the residents. He noted
the target date to roll out the program was June 1. He offered to come back in a month if the Council would like to
hear what the public communication will be and asked if the Council had any questions.
Mayor Kavanagh stated she looked forward to the new program.
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Vice Mayor Elkie asked the Town Attorney when the contract was originally negotiated if it didn’t contemplate or
include the recycling aspect and he was curious as to if this was going to be part of the contract or an addendum to
that.
Town Attorney McGuire responded that the agreement had contemplated recycling in a number of different ways; it
just didn’t have a revenue share component as many contracts would. He stated that the recycling program
requirement was to use either Recycle Bank or an equivalent and so there wasn’t a need for a contract amendment in
order for the program to transition as long as it provides the same kind of services as Recycle Bank did.
Mr. Coyle concurred with the Town Attorney comments noting that it had provided for Recycle Bank or an alternative
as approved by the Town and he commented that it seemed like the Town was happy with the program.
CALL TO THE PUBLIC
Town Clerk Bevelyn Bender advised that there were no speaker cards.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM MARCH 7, 2013.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2013-18, GRANTING A PUBLIC UTILITY
EASEMENT (P.U.E.) OVER A PORTION OF TRACT A OF THE PARCEL 12 SUBDIVISION (A TOWN -
OWNED PARCEL LOCATED AT THE SOUTHEASTERN CORNER OF THE SAGUARO BOULEVARD
AND EL LAGO BOULEVARD INTERSECTION). THIS P.U.E. IS LOCATED NEAR THE
NORTHEASTERN CORNER OF TRACT A, AND WAS REQUESTED BY CENTURYLINK TO BE ABLE
TO PLACE SEVERAL UTILITY CABINETS THERE.
AGENDA ITEM #3 - CONSIDERATION OF ACCEPTING THE FINAL AREA AGENCY ON AGING
CONTRACT FOR SERVICES AGREEMENT FROM JULY 1, 2012, AND ENDING DECEMBER 31, 2012.
AGENDA ITEM #4 - CONSIDERATION OF RENEWING THE CONTRACT WITH
CLIFTONLARSONALLEN LLC FOR ANNUAL FINANCIAL AUDITING SERVICES FOR THE THREE
YEAR PERIOD ENDING JUNE 30, 2013 THROUGH JUNE 30, 2015.
AGENDA ITEM #5 - CONSIDERATION OF AN APPLICATION FOR A PERMANENT EXTENSION OF
PREMISES/PATIO PERMIT SUBMITTED BY JUAN GABRIEL GONZALEZ TORRES, FOR THE
PURPOSE OF ADDING OUTSIDE PATIO SERVICE ASSOCIATED WITH FHI ES D NOS LLC DBA
SENOR TACO, LOCATED AT 13525 N. FOUNTAIN HILLS BLVD., SUITE 101, FOUNTAIN HILLS, AZ.
THIS IS FOR A PERMANENT CHANGE OF AREA.
Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Brown SECONDED
the motion.
A roll call vote was taken as follows:
Councilmember Dickey Aye
Vice Mayor Elkie Aye
Councilmember Leger Aye
Councilmember Hansen Aye
Councilmember Yates Aye
Councilmember Brown Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY (7-0).
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REGULAR AGENDA
AGENDA ITEM #6 - PUBLIC HEARING REGARDING ORDINANCE #13-03, AMENDING THE
FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, RELATING TO SIGN REGULATIONS. IF
ADOPTED, THE AMENDMENT WOULD REVISE THE CIRCUMSTANCES UNDER WHICH
PROMOTIONAL BANNERS MAY BE USED BY BUSINESSES.
Mayor Kavanagh declared the Public Hearing open at 6:41 p.m.
Senior Planner Mr. Rodgers addressed the Council and referenced the information contained in the staff report (Copy
on file in the office of the Town Clerk), which contained a review of the prior actions taken to this point and an
overview of the text amendment. He confirmed that it was the Planning and Zoning Commission’s and staff’s
recommendation to approve Ordinance 13-03.
Mr. Rodgers responded to a question by the Mayor and confirmed that the Planning and Zoning Commission had
voted to forward the recommendation to approve.
There were no speaker cards presented.
Mayor Kavanagh declared the Public Hearing closed at 6:42 p.m.
AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE #13-03, AMENDING THE FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 6, RELATING TO SIGN REGULATIONS. IF ADOPTED, THE
AMENDMENT WOULD REVISE THE CIRCUMSTANCES UNDER WHICH PROMOTIONAL BANNERS
MAY BE USED BY BUSINESSES.
Councilmember Yates MOVED to approve the Ordinance 13-03 as presented and Vice Mayor Elkie SECONDED the
motion. The motion CARRIED on a vote of 6-1. Councilmember Dickey voted nay.
AGENDA ITEM #8 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM
INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE BULLETIN
OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE.
Town Manager Ken Buchanan addressed the Council relative to this item. He referenced comments offered previously
by the Mayor regarding the TPT but noted that there was also a discussion last week regarding the Rio Declaration and
that he had provided handouts with additional information on the status of that (copies on file in the Town Clerk’s
office). He indicated that it looks like it might have passed the House but the Senate hasn’t taken any new bills on that
so it might not go anywhere. He indicated he would follow it.
Mayor Kavanagh commented that the amended the bill would have no effect on trails and that was assuming that it
even gets voted on.
Councilmember Dickey asked what the new Rio bill number was; Town Manager Buchanan stated he would provide
that. Mayor Kavanagh said she thought it was SB1043.
AGENDA ITEM #9 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN
BUCHANAN.
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.
AGENDA ITEM #10 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE TOWN MANAGER KEN BUCHANAN.
None.
AGENDA ITEM #11 – ADJOURNMENT
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Councilmember Brown MOVED to adjourn the Regular Meeting at 6:46 p.m. and Councilmember Yates
SECONDED the motion, which CARRIED UNANIMOUSLY by those present (7-0).
The Council moved to the Fountain Conference room to convene in Executive Session.
EXECUTIVE SESSION AGENDA
AGENDA ITEM #1 – ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO
A.R.S. §38-431.03(A)(1), DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT,
APPOINTMENT, PROMOTION, DEMOTION, DISMISSAL, SALARIES, DISCIPLINING OR
RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY,
EXCEPT THAT, WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER, APPOINTEE OR
EMPLOYEE MAY DEMAND THAT THE DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC
MEETING (SPECIFICALLY, THE TOWN MANAGER'S EVALUATION.)
ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor
Kavanagh, Councilmember Yates, Councilmember Leger, Councilmember Hansen, Councilmember Brown, Vice
Mayor Elkie and Councilmember Dickey. Town Attorney Andrew McGuire was also present.
Mayor Kavanagh called the Executive Session to order in the Fountain Hills Conference Room - 2nd Floor at 6:58
p.m.
Councilmember Brown MOVED to enter into the Executive Session and Councilmember Hansen SECONDED the
motion, which CARRIED UNANIMOUSLY (7-0).
Town Manager Kenneth W. Buchanan entered the Executive Session at 7:03 p.m.
The Mayor adjourned the Executive Session without objection at 7:15 p.m.
TOWN OF FOUNTAIN HILLS
By _______________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
______________________________
Bevelyn J. Bender, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive
Sessions held by the Town Council of Fountain Hills in the Town Hall Council Chambers (Regular) and in the Town
Hall Fountain Conference Room - 2nd floor (Executive Session) on the 4th day of April, 2013. I further certify that
the meetings were duly called and that quorums were present.
DATED this 18th day of April, 2013.
____________________________________
Bevelyn J. Bender, Town Clerk