HomeMy WebLinkAbout140918A
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, SEPTEMBER 18, 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 Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Councilmember Tait D. Elkie Vice Mayor Cecil A. Yates
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EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION:
PURSUANT to: (i) 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, the Fountain Hills
Development Group/Tractor Supply Company Development Agreement.); and A.R.S.
§38-431.03.A.3, discussion or consultation for legal advice with the Town Attorney
(Specifically, the CCWC Rate Case).
2. ADJOURNMENT
REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION - Bishop Jerry Olson with the Church of Jesus Christ of Latter Day Saints
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor will read a proclamation declaring September 22 – 26, 2014, National
Employer Support of the Guard and Reserve week in the Town of Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor may review recent events attended relating to economic development.
ii) Update by Councilmember Ginny Dickey regarding the recent Maricopa
Association of Governments Regional Domestic Violence Council meeting held
September 4, 2014.
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.
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CONSENT AGENDA ITEMS
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.
1. CONSIDERATION of approving an ENCROACHMENT PERMIT, submitted by Mark
Dohrman on behalf of Gridley’s of Fountain Hills, for the purpose of improving and
permanently maintaining an access ramp, stairs, a guardrail, and roof canopy columns, which
encroaches upon the public sidewalk and right-of-way, located in front of the retail store at
16830 E. Avenue of the Fountains, Fountain Hills, AZ.
2. CONSIDERATION of approving an ENCROACHMENT PERMIT APPLICATION
submitted by Carolyn Redendo (Sofrita, LLC) for the purpose of extending the existing
outdoor seating and dining area located in front of the restaurant an additional 150 sq ft + on
the public sidewalk at 16848 E. Avenue of the Fountains.
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION FOR A
PERMANENT EXTENSION OF PREMISES/PATIO PERMIT, submitted by Carolyn
Redendo, Owner/Agent of Sofrita, located at 16848 Avenue of the Fountains, Fountain Hills,
AZ.
4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION FOR A
TEMPORARY EXTENSION OF PREMISES/PATIO PERMIT submitted by Darvel
Hansen, representative of The Club, located at 17005 E Enterprise Dr, Fountain Hills, AZ.
REGULAR AGENDA ITEMS
5. CONSIDERATION of APPOINTING four individuals to the Planning and Zoning
Commission each to a two-year term beginning, October 1, 2014, and ending October 1,
2016.
6. CONSIDERATION of approving a SPECIAL EVENT APPLICATION and CO-
SPONSORSHIP for the 2014 Oktoberfest event presented by the Southwest German
Society, Sons of AMVETS, and Fountain Hills Elks Lodge #2846 to be held in Fountain
Park on September 26-27, 2014.
7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Samuel Coffee, representing the Sons of AMVETS Squadron
#7, for the purpose of a fundraiser in conjunction with the 2014 Oktoberfest event. The
event is scheduled for Friday and Saturday, September 26-27, 2014, from 5:00-10:00 p.m.,
at Fountain Park.
8. PRESENTATION AND DISCUSSION of the TOURISM PROGRAM WITH
POSSIBLE DIRECTION TO STAFF regarding moving forward with MARKETING
AND PROMOTIONAL STRATEGIES.
z:\council packets\2014\r140918\140918a.docx Last Printed: 9/10/2014 2:31 PM Page 4 of 4
9. CONSIDERATION of RESOLUTION 2014-40, relating to a Development Agreement
between the Town of Fountain Hills and Fountain Hills Development Group for the Tractor
Supply Company development at 17130 E. Shea Boulevard.
10. CONSIDERATION of a COOPERATIVE PURCHASE AGREEMENT with Icon
Enterprises, Inc. dba as Civic Plus, in the amount of $61,051.35, for the design,
development, and hosting of an internet website for the Town of Fountain Hills.
11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the FORMAL
NAMING OF THE MEDIAN on the Avenue of the Fountains. This agenda item was
added at the request of Councilmembers: Brown, Hansen and Leger.
12. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding proceeding
with the development of a REQUEST FOR PROPOSALS for a COOPERATIVE
PURCHASE AGREEMENT for a solar services agreement/purchase power agreement for
the Cutillo Civic Center.
13. CONSIDERATION of ORDINANCE 14-09, amending Town Code, Chapter 9, regarding
firearm compliance.
14. REVIEW WITH POSSIBLE DIRECTION TO STAFF regarding the Arizona League of
Cities and Town’s Legislative Program for the 2015 LEGISLATIVE SESSION.
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 11th day of September, 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.
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, SEPTEMBER 18, 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 Councilmember Cassie Hansen
Councilmember Ginny Dickey Councilmember Henry Leger
Councilmember Tait D. Elkie Vice Mayor Cecil A. Yates
z:\council packets\2014\r140918\140918a.docx Last Printed: 9/10/2014 2:31 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: (i) 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, the Fountain Hills
Development Group/Tractor Supply Company Development Agreement.); and A.R.S.
§38-431.03.A.3, discussion or consultation for legal advice with the Town Attorney
(Specifically, the CCWC Rate Case).
2. ADJOURNMENT
REGULAR AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION - Bishop Jerry Olson with the Church of Jesus Christ of Latter Day Saints
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor will read a proclamation declaring September 22 – 26, 2014, National
Employer Support of the Guard and Reserve week in the Town of Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor may review recent events attended relating to economic development.
ii) Update by Councilmember Ginny Dickey regarding the recent Maricopa
Association of Governments Regional Domestic Violence Council meeting held
September 4, 2014.
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.
z:\council packets\2014\r140918\140918a.docx Last Printed: 9/10/2014 2:31 PM Page 3 of 4
CONSENT AGENDA ITEMS
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.
1. CONSIDERATION of approving an ENCROACHMENT PERMIT, submitted by Mark
Dohrman on behalf of Gridley’s of Fountain Hills, for the purpose of improving and
permanently maintaining an access ramp, stairs, a guardrail, and roof canopy columns, which
encroaches upon the public sidewalk and right-of-way, located in front of the retail store at
16830 E. Avenue of the Fountains, Fountain Hills, AZ.
2. CONSIDERATION of approving an ENCROACHMENT PERMIT APPLICATION
submitted by Carolyn Redendo (Sofrita, LLC) for the purpose of extending the existing
outdoor seating and dining area located in front of the restaurant an additional 150 sq ft + on
the public sidewalk at 16848 E. Avenue of the Fountains.
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION FOR A
PERMANENT EXTENSION OF PREMISES/PATIO PERMIT, submitted by Carolyn
Redendo, Owner/Agent of Sofrita, located at 16848 Avenue of the Fountains, Fountain Hills,
AZ.
4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION FOR A
TEMPORARY EXTENSION OF PREMISES/PATIO PERMIT submitted by Darvel
Hansen, representative of The Club, located at 17005 E Enterprise Dr, Fountain Hills, AZ.
REGULAR AGENDA ITEMS
5. CONSIDERATION of APPOINTING four individuals to the Planning and Zoning
Commission each to a two-year term beginning, October 1, 2014, and ending October 1,
2016.
6. CONSIDERATION of approving a SPECIAL EVENT APPLICATION and CO-
SPONSORSHIP for the 2014 Oktoberfest event presented by the Southwest German
Society, Sons of AMVETS, and Fountain Hills Elks Lodge #2846 to be held in Fountain
Park on September 26-27, 2014.
7. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE
APPLICATION submitted by Samuel Coffee, representing the Sons of AMVETS Squadron
#7, for the purpose of a fundraiser in conjunction with the 2014 Oktoberfest event. The
event is scheduled for Friday and Saturday, September 26-27, 2014, from 5:00-10:00 p.m.,
at Fountain Park.
8. PRESENTATION AND DISCUSSION of the TOURISM PROGRAM WITH
POSSIBLE DIRECTION TO STAFF regarding moving forward with MARKETING
AND PROMOTIONAL STRATEGIES.
z:\council packets\2014\r140918\140918a.docx Last Printed: 9/10/2014 2:31 PM Page 4 of 4
9. CONSIDERATION of RESOLUTION 2014-40, relating to a Development Agreement
between the Town of Fountain Hills and Fountain Hills Development Group for the Tractor
Supply Company development at 17130 E. Shea Boulevard.
10. CONSIDERATION of a COOPERATIVE PURCHASE AGREEMENT with Icon
Enterprises, Inc. dba as Civic Plus, in the amount of $61,051.35, for the design,
development, and hosting of an internet website for the Town of Fountain Hills.
11. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the FORMAL
NAMING OF THE MEDIAN on the Avenue of the Fountains. This agenda item was
added at the request of Councilmembers: Brown, Hansen and Leger.
12. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding proceeding
with the development of a REQUEST FOR PROPOSALS for a COOPERATIVE
PURCHASE AGREEMENT for a solar services agreement/purchase power agreement for
the Cutillo Civic Center.
13. CONSIDERATION of ORDINANCE 14-09, amending Town Code, Chapter 9, regarding
firearm compliance.
14. REVIEW WITH POSSIBLE DIRECTION TO STAFF regarding the Arizona League of
Cities and Town’s Legislative Program for the 2015 LEGISLATIVE SESSION.
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 11th day of September, 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.