HomeMy WebLinkAbout140501AREVISED: 4/28/14
NOTICE OF THE
EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, MAY 1, 2014
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be
made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. § 1-602.A.9 have been waived.
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.
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 and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers’ statements should not be repetitive. 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.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
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.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Vice Mayor Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
z:\council packets\2014\r140501\140501a.docx Last printed 4/28/2014 3:47 PM Page 2 of 4
EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION:
PURSUANT to A.R.S. §38-431.03.A.4: 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, negotiations
with the developer regarding Adero Canyon).
2. ADJOURNMENT
REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Reverend Bill Good, Fountain Hills Presbyterian Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S ACTIVITY REPORT
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor may review recent events attended relating to economic development.
ii) Recognition of State Representative John Kavanagh for being awarded the Arizona
League of Cities and Town’s Champion Award.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), 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 ITEMS (1 – 3)
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and
will be enacted by one motion and one roll call vote of the Council. All motions and subsequent
approvals of consent items will include all recommended staff stipulations unless otherwise stated.
There will be no separate discussion of these items unless a Councilmember or member of the
public so requests. If a Councilmember or member of the public wishes to discuss an item on the
consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with
notification to the Town Manager or Mayor prior to the date of the meeting for which the item was
scheduled. The items will be removed from the Consent Agenda and considered in its normal
sequence on the Agenda.
z:\council packets\2014\r140501\140501a.docx Last printed 4/28/2014 3:47 PM Page 3 of 4
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
April 17, 2014.
2. CONSIDERATION of a FINAL REPLAT at 15552, 15538, & 15524 E. Palatial Drive;
AKA Palatial Estates Lots 17, 18 & 19 (APN’s 176-13-975, 176-13-976, 176-13-977).
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
John Hosoo Park, Owner/Agent of Katana located at 16425 E. Palisades Blvd, Suite 103,
Fountain Hills, AZ. This is for a series 12 license (Restaurant).
REGULAR AGENDA ITEMS
4. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the potential to
combine the Community Services Department’s advisory commissions.
5. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding Phase VI of the
improvements to Fountain park specific to bollards along the sidewalk and signage.
6. PUBLIC HEARING to receive comments on RESOLUTION #2014-07, a proposed
MINOR AMENDMENT to the Town of Fountain Hills General Plan 2010 to revise land
use and increase the number of dwelling units within the 80-acre PAD zoning district in the
Adero Canyon master planned residential development. Case #GPA 2013-01
7. CONSIDERATION of RESOLUTION #2014-07, a proposed MINOR AMENDMENT to
the Town of Fountain Hills General Plan 2010 to revise land use and increase the number of
dwelling units within the 80-acre PAD zoning district in the Adero Canyon master planned
residential development. Case #GPA 2013-01
8. CONSIDERATION of RESOLUTION #2014-08, approving the AMENDED AND
RESTATED SETTLEMENT AGREEMENT for ADERO CANYON. Case #DA 2014-0
9. PUBLIC HEARING to receive comments on ORDINANCE #14-01, an amendment to the
Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 80
acres from R1-43, R1-8 and R1-6 (Single-family Residential) to ADERO CANYON PAD.
Case #Z 2013-06
10. CONSIDERATION of ORDINANCE #14-01, an amendment to the Town of Fountain
Hills Zoning Ordinance and Zoning Map to change the zoning on 80 acres from R1-43, R1-
8 and R1-6 (Single-family Residential) to ADERO CANYON PAD. Case #Z 2013-06
11. CONSIDERATION of a proposed PRELIMINARY MASTER REPLAT for ADERO
CANYON. Case #S 2013-06
12. CONSIDERATION of the “Adero Canyon Parcel 1” PRELIMINARY PLAT, a 30-lot
single-family subdivision. Case Number S2014-03
13. CONSIDERATION of RESOLUTION 2014-19, adopting the maximum amount for the
Town of Fountain Hills’ Fiscal Year 2014/15 Tentative Budget with appropriate direction to
publish said documents in accordance with state law. The Council may address any or all
items contained in the budget document and initiate any changes prior to the adoption.
14. 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.
z:\council packets\2014\r140501\140501a.docx Last printed 4/28/2014 3:47 PM Page 4 of 4
15. 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:
NONE.
16. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, Individual Councilmembers, and the Town Manager.
17. ADJOURNMENT.
DATED this 28th day of April, 2014.
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.
REVISED: 4/28/14
NOTICE OF THE
EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:30 P.M. - EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2nd floor)
6:30 P.M. - REGULAR SESSION
WHEN: THURSDAY, MAY 1, 2014
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person o r by telephone conference call; a quorum of the
Town’s various Commission, Committee or Board members may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Town Council are audio and/or video recorded and , as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be
made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. § 1-602.A.9 have been waived.
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.
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 and whether or not they reside in Fountain Hills (do not provide a home address) prior to
commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers.
Speakers’ statements should not be repetitive. 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.
If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public
Hearing.
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.
Please be respectful when making your comments. If you do not comply with these rules, you will be
asked to leave.
Mayor Linda M. Kavanagh
Councilmember Dennis Brown Vice Mayor Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
z:\council packets\2014\r140501\140501a.docx Last printed 4/28/2014 3:47 PM Page 2 of 4
EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION:
PURSUANT to A.R.S. §38-431.03.A.4: 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, negotiations
with the developer regarding Adero Canyon).
2. ADJOURNMENT
REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Reverend Bill Good, Fountain Hills Presbyterian Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S ACTIVITY REPORT
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor may review recent events attended relating to economic development.
ii) Recognition of State Representative John Kavanagh for being awarded the Arizona
League of Cities and Town’s Champion Award.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-01(H), 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 ITEMS (1 – 3)
All items listed on the Consent Agenda are considered to be routine, non-controversial matters and
will be enacted by one motion and one roll call vote of the Council. All motions and subsequent
approvals of consent items will include all recommended staff stipulations unless otherwise stated.
There will be no separate discussion of these items unless a Councilmember or member of the
public so requests. If a Councilmember or member of the public wishes to discuss an item on the
consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with
notification to the Town Manager or Mayor prior to the date of the meeting for which the item was
scheduled. The items will be removed from the Consent Agenda and considered in its normal
sequence on the Agenda.
z:\council packets\2014\r140501\140501a.docx Last printed 4/28/2014 3:47 PM Page 3 of 4
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
April 17, 2014.
2. CONSIDERATION of a FINAL REPLAT at 15552, 15538, & 15524 E. Palatial Drive;
AKA Palatial Estates Lots 17, 18 & 19 (APN’s 176-13-975, 176-13-976, 176-13-977).
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
John Hosoo Park, Owner/Agent of Katana located at 16425 E. Palisades Blvd, Suite 103,
Fountain Hills, AZ. This is for a series 12 license (Restaurant).
REGULAR AGENDA ITEMS
4. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the potential to
combine the Community Services Department’s advisory commissions.
5. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding Phase VI of the
improvements to Fountain park specific to bollards along the sidewalk and signage.
6. PUBLIC HEARING to receive comments on RESOLUTION #2014-07, a proposed
MINOR AMENDMENT to the Town of Fountain Hills General Plan 2010 to revise land
use and increase the number of dwelling units within the 80-acre PAD zoning district in the
Adero Canyon master planned residential development. Case #GPA 2013-01
7. CONSIDERATION of RESOLUTION #2014-07, a proposed MINOR AMENDMENT to
the Town of Fountain Hills General Plan 2010 to revise land use and increase the number of
dwelling units within the 80-acre PAD zoning district in the Adero Canyon master planned
residential development. Case #GPA 2013-01
8. CONSIDERATION of RESOLUTION #2014-08, approving the AMENDED AND
RESTATED SETTLEMENT AGREEMENT for ADERO CANYON. Case #DA 2014-0
9. PUBLIC HEARING to receive comments on ORDINANCE #14-01, an amendment to the
Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 80
acres from R1-43, R1-8 and R1-6 (Single-family Residential) to ADERO CANYON PAD.
Case #Z 2013-06
10. CONSIDERATION of ORDINANCE #14-01, an amendment to the Town of Fountain
Hills Zoning Ordinance and Zoning Map to change the zoning on 80 acres from R1 -43, R1-
8 and R1-6 (Single-family Residential) to ADERO CANYON PAD. Case #Z 2013-06
11. CONSIDERATION of a proposed PRELIMINARY MASTER REPLAT for ADERO
CANYON. Case #S 2013-06
12. CONSIDERATION of the “Adero Canyon Parcel 1” PRELIMINARY PLAT, a 30-lot
single-family subdivision. Case Number S2014-03
13. CONSIDERATION of RESOLUTION 2014-19, adopting the maximum amount for the
Town of Fountain Hills’ Fiscal Year 2014/15 Tentative Budget with appropriate direction to
publish said documents in accordance with state law. The Council may address any or all
items contained in the budget document and initiate any changes prior to the adoption.
14. 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.
z:\council packets\2014\r140501\140501a.docx Last printed 4/28/2014 3:47 PM Page 4 of 4
15. 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:
NONE.
16. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, Individual Councilmembers, and the Town Manager.
17. ADJOURNMENT.
DATED this 28th day of April, 2014.
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.