The URL can be used to link to this page

Home My WebLink About150521A�1yTAINgr Revised Agenda May 19, 2015 � L 4 ttr ° NOTICE OF THE EXECUTIVE o�- MW � . AND REGULAR SESSIONS OF THE 'let t� ops that is Arv4' FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Councilmember Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 5:00 P.M. — EXECUTIVE SESSION (Executive Session will he held in the Fountain Conference Room - 2nd floor) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, MAY 21, 2015 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councihnembers 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 colmments to the Presiding Officer and not to individual Councilivembers. 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 durine 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. z:\eouneil packets\2015\r 1 50521\1 50521arevised.doex Last Printed: 5/19/2015 4 :23 PM Page 1 of Revised Agenda May 19, 2015 EXECUTIVE SESSION AGENDA CALL TO ORDER Mayor Linda M. Kavanagh 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); (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); and (iii) A.R.S. § 38- 431.03(A)(3), discussion or consultation or legal advice with the attorney or attorneys of the public body (specifically, regarding a proposed general plan amendment and zoning text amendment). 2. ADJOURNMENT. REGULAR SESSION AGENDA • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh • INVOCATION — Moment of Silence • 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) PRESENTATION by Executive Director Ken Strobeck, the League of Cities and Towns, regarding the 2015 LEGISLATIVE SESSION. iii) RECOGNITION of the Town of Fountain Hills' "National Make a Difference Day" GRANT AWARD in the amount of $10,000, from USA Today, to the Town's non -profit recipient, the Fountain Hills Noon Kiwanis Organization. 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 tine, 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:Acouncil packets\ 2015 \rt50521V150521erovised.doex Last Printed: 5/19/2015 4 23 PM Page 2of5 Revised Agenda May 19, 2015 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 Councihnember or member of the public so requests. If a Councihnember or member of the public wishes to discuss an item on the consent agenda, he /she may request so prior to the ]notion 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 nonnal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May 7, 2015. 2. CONSIDERATION of approving AMENDMENT NO. 2 to construction contract C2015- 104 with Nesbitt Contracting Co., Inc., in an amount not to exceed $70,102.21, for the construction of the Shea Boulevard widening project. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION by Sons of AMVETS Squadron 7 (Samuel Coffee), in conjunction with the Fourth at the Fountain event, to be held at Fountain Park on Saturday, July 4, 2015, from 5:00 PM to 11:00 PM, with a possible rain date of Sunday, July 5, 2015 from 5:00 PM to 11:00 PM. 4. CONSIDERATION of approving RESOLUTION 2015 -26, approving an amendment to the Intergovernmental Agreement with Maricopa County for animal care and control services. REGULAR AGENDA ITEMS 5. CONSIDERATION of the request by the Public Art Committee to ACCEPT a donated bronze sculpture titled, "So Good to See You" for placement in the Centennial Circle. 6. CONSIDERATION of ACCEPTING A RECOMMENDATION from the Community Services Advisory Commission to extend the current lease with the Technology Learning Center through September 28, 2015. 7. PUBLIC HEARING of ORDINANCE 15 -06, application by Sixth Street Enterprises Inc, DBA Nature's AZ Medicines for an amendment to Section 24.03.11 of the Fountain Hills Zoning Ordinance. If adopted the proposal would amend the zoning ordinance by extending the permitted operating hours of a medical marijuana dispensary to allow operation between the hours of 8:00 AM —10:00 PM, Daily. (Case 4Z2015 -02) 8. CONSIDERATION of ORDINANCE 15 -06, application by Sixth Street Enterprises Inc, DBA Nature's AZ Medicines for an amendment to Section 24.03.11 of the Fountain Hills Zoning Ordinance. If adopted the proposal would amend the zoning ordinance by extending the permitted operating hours of a medical marijuana dispensary to allow operation between the hours of 8:00 AM —10:00 PM, Daily. (Case #Z2015 -02) cA council packet s\ 2015V150521 \15052tareviscd.doex Last Printed: 5/19/2015423 PM Page 3of5 Revised Agenda May 19, 2015 9. PUBLIC HEARING to receive comments on ORDINANCE 15 -04, amending the Zoning Ordinance Chapter 6, Section 6.03, Subsection A.13 in order to eliminate the requirement that A -frame signs receive apermit. (Case #Z2015 -03) 10. CONSIDERATION of ORDINANCE 15 -04, amending the Zoning Ordinance Chapter 6, Section 6.03, Subsection A.13 in order to eliminate the requirement that A -frame signs receive a permit. (Case 4Z2015 -03) 11. PUBLIC HEARING to receive comments on ORDINANCE 15 -05, an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 5.75 acres from C -1 (Neighborhood Commercial & Professional) to HEMINGWAY PAD. (Case #Z2015 -01) 12. CONSIDERATION of ORDINANCE 15 -05, an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 5.75 acres from C -1 (Neighborhood Commercial & Professional) to HEMINGWAY PAD. (Case #Z2015 -01) 13. CONSIDERATION of terminating whatever right, title, or interest the Town has in a certain ALTERNATIVE HILLSIDE PROTECTION AGREEMENT affecting property located at 9700 N. Saguaro Blvd. 14. CONSIDERATION of RESOLUTION 2015 -19, abandoning whatever right, title, or interest the Town has in a certain HILLSIDE PROTECTION EASEMENT on property located at 9700 N. Saguaro Blvd. (Case #HPE2015 -02) 15. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding ADDING LIGHTING at the intersection of Saguaro Boulevard and Avenue of the Fountains, and AUTHORIZING staff to execute a construction contract amendment to be paid from the Downtown Strategy Fund, in amount not to exceed $66,750. 16. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding INITIATING a zoning text amendment to reduce the minimum size for a PAD zoning application. [This item was added at the request of Councilineniber Yates with support from Councilmenibers Brown and DePorter. ] 17. CONSIDERATION of approving an EMPLOYMENT AGREEMENT with Grady Miller for the position of town manager. 18. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the lease with the Fountain Hills Community Theater. cAcouncil packets\ 2015ArI50521A150521arevised.docx Last Printed: 5/192015423 PM Page 4of5 Revised Agenda May 19, 2015 19. COUNCIL DISCUSSION /DIRECTION to the Town Manager. Itetn(s) listed below are related only to the propriety of (i) placing such itent(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: 1) None. 20. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 1 1 C_►1� 1 DATED this 14"' day of May, 2015. ns�' ' R tpbl'te evelyn J. Bender, Town Clerk '" The Town of Fountain Hills endeavors to malty al 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:Acoune 1 packets\2015\r150521 \150521 arevised.doex Last Printed: 5/19/2015 4 23 PM Page 5 of 5 �1yTAINgr Revised Agenda May 19, 2015 � L 4 ttr ° NOTICE OF THE EXECUTIVE o�- MW � . AND REGULAR SESSIONS OF THE 'let t� ops that is Arv4' FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Cassie Hansen Councilmember Henry Leger Councilmember Alan Magazine Councilmember Cecil A. Yates TIME: 5:00 P.M. — EXECUTIVE SESSION (Executive Session will he held in the Fountain Conference Room - 2nd floor) 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, MAY 21, 2015 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councihnembers 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 colmments to the Presiding Officer and not to individual Councilivembers. 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 durine 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. z:\eouneil packets\2015\r 1 50521\1 50521arevised.doex Last Printed: 5/19/2015 4 :23 PM Page 1 of Revised Agenda May 19, 2015 EXECUTIVE SESSION AGENDA CALL TO ORDER Mayor Linda M. Kavanagh 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); (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); and (iii) A.R.S. § 38- 431.03(A)(3), discussion or consultation or legal advice with the attorney or attorneys of the public body (specifically, regarding a proposed general plan amendment and zoning text amendment). 2. ADJOURNMENT. REGULAR SESSION AGENDA • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh • INVOCATION — Moment of Silence • 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) PRESENTATION by Executive Director Ken Strobeck, the League of Cities and Towns, regarding the 2015 LEGISLATIVE SESSION. iii) RECOGNITION of the Town of Fountain Hills' "National Make a Difference Day" GRANT AWARD in the amount of $10,000, from USA Today, to the Town's non -profit recipient, the Fountain Hills Noon Kiwanis Organization. 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 tine, 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:Acouncil packets\ 2015 \rt50521V150521erovised.doex Last Printed: 5/19/2015 4 23 PM Page 2of5 Revised Agenda May 19, 2015 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 Councihnember or member of the public so requests. If a Councihnember or member of the public wishes to discuss an item on the consent agenda, he /she may request so prior to the ]notion 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 nonnal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May 7, 2015. 2. CONSIDERATION of approving AMENDMENT NO. 2 to construction contract C2015- 104 with Nesbitt Contracting Co., Inc., in an amount not to exceed $70,102.21, for the construction of the Shea Boulevard widening project. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION by Sons of AMVETS Squadron 7 (Samuel Coffee), in conjunction with the Fourth at the Fountain event, to be held at Fountain Park on Saturday, July 4, 2015, from 5:00 PM to 11:00 PM, with a possible rain date of Sunday, July 5, 2015 from 5:00 PM to 11:00 PM. 4. CONSIDERATION of approving RESOLUTION 2015 -26, approving an amendment to the Intergovernmental Agreement with Maricopa County for animal care and control services. REGULAR AGENDA ITEMS 5. CONSIDERATION of the request by the Public Art Committee to ACCEPT a donated bronze sculpture titled, "So Good to See You" for placement in the Centennial Circle. 6. CONSIDERATION of ACCEPTING A RECOMMENDATION from the Community Services Advisory Commission to extend the current lease with the Technology Learning Center through September 28, 2015. 7. PUBLIC HEARING of ORDINANCE 15 -06, application by Sixth Street Enterprises Inc, DBA Nature's AZ Medicines for an amendment to Section 24.03.11 of the Fountain Hills Zoning Ordinance. If adopted the proposal would amend the zoning ordinance by extending the permitted operating hours of a medical marijuana dispensary to allow operation between the hours of 8:00 AM —10:00 PM, Daily. (Case 4Z2015 -02) 8. CONSIDERATION of ORDINANCE 15 -06, application by Sixth Street Enterprises Inc, DBA Nature's AZ Medicines for an amendment to Section 24.03.11 of the Fountain Hills Zoning Ordinance. If adopted the proposal would amend the zoning ordinance by extending the permitted operating hours of a medical marijuana dispensary to allow operation between the hours of 8:00 AM —10:00 PM, Daily. (Case #Z2015 -02) cA council packet s\ 2015V150521 \15052tareviscd.doex Last Printed: 5/19/2015423 PM Page 3of5 Revised Agenda May 19, 2015 9. PUBLIC HEARING to receive comments on ORDINANCE 15 -04, amending the Zoning Ordinance Chapter 6, Section 6.03, Subsection A.13 in order to eliminate the requirement that A -frame signs receive apermit. (Case #Z2015 -03) 10. CONSIDERATION of ORDINANCE 15 -04, amending the Zoning Ordinance Chapter 6, Section 6.03, Subsection A.13 in order to eliminate the requirement that A -frame signs receive a permit. (Case 4Z2015 -03) 11. PUBLIC HEARING to receive comments on ORDINANCE 15 -05, an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 5.75 acres from C -1 (Neighborhood Commercial & Professional) to HEMINGWAY PAD. (Case #Z2015 -01) 12. CONSIDERATION of ORDINANCE 15 -05, an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 5.75 acres from C -1 (Neighborhood Commercial & Professional) to HEMINGWAY PAD. (Case #Z2015 -01) 13. CONSIDERATION of terminating whatever right, title, or interest the Town has in a certain ALTERNATIVE HILLSIDE PROTECTION AGREEMENT affecting property located at 9700 N. Saguaro Blvd. 14. CONSIDERATION of RESOLUTION 2015 -19, abandoning whatever right, title, or interest the Town has in a certain HILLSIDE PROTECTION EASEMENT on property located at 9700 N. Saguaro Blvd. (Case #HPE2015 -02) 15. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding ADDING LIGHTING at the intersection of Saguaro Boulevard and Avenue of the Fountains, and AUTHORIZING staff to execute a construction contract amendment to be paid from the Downtown Strategy Fund, in amount not to exceed $66,750. 16. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding INITIATING a zoning text amendment to reduce the minimum size for a PAD zoning application. [This item was added at the request of Councilineniber Yates with support from Councilmenibers Brown and DePorter. ] 17. CONSIDERATION of approving an EMPLOYMENT AGREEMENT with Grady Miller for the position of town manager. 18. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the lease with the Fountain Hills Community Theater. cAcouncil packets\ 2015ArI50521A150521arevised.docx Last Printed: 5/192015423 PM Page 4of5 Revised Agenda May 19, 2015 19. COUNCIL DISCUSSION /DIRECTION to the Town Manager. Itetn(s) listed below are related only to the propriety of (i) placing such itent(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: 1) None. 20. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 1 1 C_►1� 1 DATED this 14"' day of May, 2015. ns�' ' R tpbl'te evelyn J. Bender, Town Clerk '" The Town of Fountain Hills endeavors to malty al 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:Acoune 1 packets\2015\r150521 \150521 arevised.doex Last Printed: 5/19/2015 4 23 PM Page 5 of 5