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z:\council packets\2015\r150507\150507ra.docx Last Printed: 5/1/2015 10:30 AM Page 1 of 4
REVISED: MAY 4, 2015
NOTICE OF THE EXECUTIVE
AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 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 7, 2015
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
Vice Mayor Dennis Brown Councilmember Henry Leger
Councilmember Nick DePorter Councilmember Alan Magazine
Councilmember Cassie Hansen Councilmember 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 Theater lease); and (ii) 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 (specifically, for the purpose of discussing the Town Manager vacancy).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Ms. Debby DeBernardi, Spiritual Director and Director of Christian
Formation, Fountain Hills Presbyterian Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor may review RECENT EVENTS attended relating to ECONOMIC
DEVELOPMENT.
ii) QUARTERLY BUDGET REPORT by Finance Director Craig Rudolphy for the
fiscal quarter ending March 31, 2015.
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 the TOWN COUNCIL MEETING MINUTES from
April 16 and 21, 2015.
2. CONSIDERATION of approving SPECIAL EVENT LIQUOR LICENSE
APPLICATIONS for the Fountain Hills and Lower Verde Valley Museum and Historical
Society (Jean Linzer) to be held at the Fountain Hills Community Center, on the following
dates and times: August 15, 2015, from 5:00 pm to 10:00 pm; September 16, 2015 from
5:00pm to 8:00pm; November 18, 2015 from 5:00pm to 8:00pm; January 20, 2016 from
5:00pm to 8:00pm; March 12, 2016 from 11:00am to 5:00pm; March 30, 2016 from
5:00pm to 9:00 pm; May 18, 2016 from 5:00 pm to 8:00 pm.
REGULAR AGENDA ITEMS
3. CONSIDERATION of the request by the Public Art Committee to ACCEPT a donated
bronze sculpture titled, "Wedding Vase", for placement in Fountain Park.
4. CONSIDERATION of RESOLUTION 2015-28, approving and authorizing the Mayor to
execute and the Town Clerk to attest an agreement between the Town of Fountain Hills and
the Town of Fountain Hills Municipal Property Corporation providing for the refinancing of
certain public improvements by providing for the refunding of previously issued and
outstanding bonds; approving the issuance by the Town of Fountain Hills Municipal
Property Corporation bonds; acknowledging the priority of the pledge of excise taxes;
approving the form of the agreement and trust indenture, and authorizing the taking of all
other actions necessary to the consummation of the transactions contemplated by this
resolution, including the redemption in advance of maturity of certain outstanding bonds.
5. CONSIDERATION of OPTIONS AND COSTS for Avenue of the Fountains banner
replacements.
6. PUBLIC HEARING to receive comments on ORDINANCE #15-03, a proposed
amendment to the Town of Fountain Hills Zoning Map. If adopted, the amendment would
rezone approximately 1.3 acres at 11208 N. Indigo Drive, located on the southwest corner
of Indigo Drive and Emerald Drive, from the R1-18 zoning district to the R-3 zoning
district. If approved, the rezoning will allow the construction of “Palazzo di Lusso”, a four-
unit luxury condominium building. ( Case #Z2014-05 )
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7. CONSIDERATION of ORDINANCE #15-03, a proposed amendment to the Town of
Fountain Hills Zoning Map. If adopted, the amendment would rezone approximately 1.3
acres at 11208 N. Indigo Drive, located on the southwest corner of Indigo Drive and
Emerald Drive, from the R1-18 zoning district to the R-3 zoning district. If approved, the
rezoning will allow the construction of “Palazzo di Lusso”, a four-unit luxury condominium
building. ( Case #Z2014-05 )
8. CONSIDERATION of a third amendment to the FIRE PROTECTION SERVICES
AGREEMENT with Rural/Metro Corporation, extending the term of the agreement for an
additional two years terminating on June 30, 2018, deleting the CARES Program funding,
and updating the equipment list.
9. CONSIDERATION of RESOLUTION 2015-12, setting forth the tentative budget and
establish the maximum budget amount for the Town of Fountain Hills for Fiscal Year 2015-
2016. The Council may address any or all items contained in the budget document and
initiate any changes prior to the adoption.
10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the
FORMATION of a fire/safety district in the Town of Fountain Hills. This item was added at
the request of Councilmember Yates with support from Councilmembers Brown and Magazine.
11. 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.
12. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda
for action or (ii) directing staff to conduct further research and report back to the Council:
i.) None.
13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
14. ADJOURNMENT.
DATED this 30th day of April, 2015.
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.
z:\council packets\2015\r150507\150507ra.docx Last Printed: 5/1/2015 10:30 AM Page 1 of 4
REVISED: MAY 4, 2015
NOTICE OF THE EXECUTIVE
AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 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 7, 2015
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
Vice Mayor Dennis Brown Councilmember Henry Leger
Councilmember Nick DePorter Councilmember Alan Magazine
Councilmember Cassie Hansen Councilmember Cecil A. Yates
z:\council packets\2015\r150507\150507ra.docx Last Printed: 5/1/2015 10:30 AM 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 Theater lease); and (ii) 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 (specifically, for the purpose of discussing the Town Manager vacancy).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Ms. Debby DeBernardi, Spiritual Director and Director of Christian
Formation, Fountain Hills Presbyterian Church
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor may review RECENT EVENTS attended relating to ECONOMIC
DEVELOPMENT.
ii) QUARTERLY BUDGET REPORT by Finance Director Craig Rudolphy for the
fiscal quarter ending March 31, 2015.
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\2015\r150507\150507ra.docx Last Printed: 5/1/2015 10:30 AM 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 the TOWN COUNCIL MEETING MINUTES from
April 16 and 21, 2015.
2. CONSIDERATION of approving SPECIAL EVENT LIQUOR LICENSE
APPLICATIONS for the Fountain Hills and Lower Verde Valley Museum and Historical
Society (Jean Linzer) to be held at the Fountain Hills Community Center, on the following
dates and times: August 15, 2015, from 5:00 pm to 10:00 pm; September 16, 2015 from
5:00pm to 8:00pm; November 18, 2015 from 5:00pm to 8:00pm; January 20, 2016 from
5:00pm to 8:00pm; March 12, 2016 from 11:00am to 5:00pm; March 30, 2016 from
5:00pm to 9:00 pm; May 18, 2016 from 5:00 pm to 8:00 pm.
REGULAR AGENDA ITEMS
3. CONSIDERATION of the request by the Public Art Committee to ACCEPT a donated
bronze sculpture titled, "Wedding Vase", for placement in Fountain Park.
4. CONSIDERATION of RESOLUTION 2015-28, approving and authorizing the Mayor to
execute and the Town Clerk to attest an agreement between the Town of Fountain Hills and
the Town of Fountain Hills Municipal Property Corporation providing for the refinancing of
certain public improvements by providing for the refunding of previously issued and
outstanding bonds; approving the issuance by the Town of Fountain Hills Municipal
Property Corporation bonds; acknowledging the priority of the pledge of excise taxes;
approving the form of the agreement and trust indenture, and authorizing the taking of all
other actions necessary to the consummation of the transactions contemplated by this
resolution, including the redemption in advance of maturity of certain outstanding bonds.
5. CONSIDERATION of OPTIONS AND COSTS for Avenue of the Fountains banner
replacements.
6. PUBLIC HEARING to receive comments on ORDINANCE #15-03, a proposed
amendment to the Town of Fountain Hills Zoning Map. If adopted, the amendment would
rezone approximately 1.3 acres at 11208 N. Indigo Drive, located on the southwest corner
of Indigo Drive and Emerald Drive, from the R1-18 zoning district to the R-3 zoning
district. If approved, the rezoning will allow the construction of “Palazzo di Lusso”, a four-
unit luxury condominium building. ( Case #Z2014-05 )
z:\council packets\2015\r150507\150507ra.docx Last Printed: 5/1/2015 10:30 AM Page 4 of 4
7. CONSIDERATION of ORDINANCE #15-03, a proposed amendment to the Town of
Fountain Hills Zoning Map. If adopted, the amendment would rezone approximately 1.3
acres at 11208 N. Indigo Drive, located on the southwest corner of Indigo Drive and
Emerald Drive, from the R1-18 zoning district to the R-3 zoning district. If approved, the
rezoning will allow the construction of “Palazzo di Lusso”, a four-unit luxury condominium
building. ( Case #Z2014-05 )
8. CONSIDERATION of a third amendment to the FIRE PROTECTION SERVICES
AGREEMENT with Rural/Metro Corporation, extending the term of the agreement for an
additional two years terminating on June 30, 2018, deleting the CARES Program funding,
and updating the equipment list.
9. CONSIDERATION of RESOLUTION 2015-12, setting forth the tentative budget and
establish the maximum budget amount for the Town of Fountain Hills for Fiscal Year 2015-
2016. The Council may address any or all items contained in the budget document and
initiate any changes prior to the adoption.
10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the
FORMATION of a fire/safety district in the Town of Fountain Hills. This item was added at
the request of Councilmember Yates with support from Councilmembers Brown and Magazine.
11. 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.
12. COUNCIL DISCUSSION/DIRECTION to the Town Manager.
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda
for action or (ii) directing staff to conduct further research and report back to the Council:
i.) None.
13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
14. ADJOURNMENT.
DATED this 30th day of April, 2015.
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.