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Vice Mayor Dennis Brown
Councilmember Nick DePorter
Councilmember Cassie Hansen
NOTICE OF THE
REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
TIME: 6:30 P.M.
WHEN: THURSDAY, JUNE 18, 2015
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Cecil A. Yates
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.
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CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Pastor Todd Forest, Fountain Hills Christian Center
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) The Mayor will read a PROCLAMATION recognizing July 2015 as PARK AND
RECREATION MONTH in the Town of Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The MAYOR may review RECENT EVENTS attended relating to Economic
Development.
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
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
May 21, 2015, and June 4, 2015.
2. CONSIDERATION of approving an APPLICATION FOR PERMANENT EXTENSION
OF PREMISES/PATIO PERMIT submitted by Heidi Sue Hake, Owner/Agent of VU
Terrace Cafe located at 14815 E. Shea Boulevard, Suite #101, Fountain Hills, AZ.
3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION FOR AGENT
CHANGE — ACQUISITION OF CONTROL — RESTRUCTURE, submitted by Andrea
Dahlman Lewkowitz, Owner/Agent of Safeway, Inc #1291, located at 13733 Fountain Hills
Boulevard, Fountain Hills, AZ.
4. CONSIDERATION of approving a CONTRACT with Salt River Project for design of the
Ashbrook Wash Relocations (SRP Work Order #T2015861), having a conceptual design
plus cost estimate of $115,000.
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5. CONSIDERATION of approving RESOLUTION 2015-30, abandoning whatever right,
title, or interest the Town has in the certain 20' public utility and drainage easements located
at the northerly property line of Plat 431, Block 7, Lot 4 (17530 E. Hawley Drive) as
recorded in Book 151 of Maps, Page 43, Records of Maricopa County, Arizona, with
stipulation. EA2015-06 (Perry)
6. CONSIDERATION of approving RESOLUTION 2015-16, abandoning whatever right,
title, or interest it has in the certain public roadway located within the Town of Fountain
Hills, which has been found to be no longer necessary for public use and reserving a public
utility easement and a drainage easement over the same. (ROWA 2015-01; BP2015-58)
7. CONSIDERATION of approving RESOLUTION 2015-35, abandoning whatever right,
title, or interest the Town has in the certain 10' public utility and drainage easements located
at the rear property line of Plat 505A, Block 3, Lot 8 (15671 E. Golden Eagle Boulevard) as
recorded in Book 158 of Maps, Page 40, Records of Maricopa County, Arizona, with
stipulation. EA2015-07 (Blank/Gleisner)
8. CONSIDERATION of approving RESOLUTION 2015-34, an amendment to the
Intergovernmental Agreement with Maricopa County Animal Care and Control (IGA 79-
14-032-3-01), extending the agreement for animal shelter services through June 30, 2018, in
the amount $8,000 (estimated) per year and each subsequent fiscal year totaling $32,000
(estimated).
9. CONSIDERATION of CONFIRMING FY2015-2016 TOWN COUNCIL
SUBCOMMITTEES APPOINTMENTS, as proposed by Mayor Kavanagh, for the purpose
of interviewing and recommending applicants to the Mayor to serve on the Town's boards
and commissions: (i) Community Services Advisory Commission — Councilmembers:
Henry Leger, Nick DePorter, and Vice Mayor Dennis Brown; (ii) McDowell Mountain
Preservation Commission — Councilmembers: Cassie Hansen, Henry Leger, and Alan
Magazine; (iii) Planning and Zoning Commission — Councilmembers: Nick DePorter,
Cecil Yates, and Vice Mayor Dennis Brown; (iv) Strategic Planning Advisory
Commission — Councilmembers: Cecil Yates, Cassie Hansen, and Vice Mayor Dennis
Brown; and (v) Board of Adjustment —Councilmembers: Alan Magazine, Cecil Yates, and
Cassie Hansen.
10. CONSIDERATION of RESOLUTION 2015-36, abandoning whatever right, title, or
interest it has in the certain Hillside Protection Easement located at Firerock Parcel M-1,
Lot 10, Fountain Hills, Arizona, as recorded in the Office of the Maricopa County
Recorder, and accepting a substitute Hillside Protection Easement of equal size. (Case #
HPE/ABN2015-02)
11. CONSIDERATION of RESOLUTION 2015-37, approving an Intergovernmental
Agreement with the Arizona Department of Revenue, relating to the administration of
Transaction Privilege Tax.
12. CONSIDERATION of the SECOND AMENDMENT to the building lease, between the
Town of Fountain Hills and the Fountain Hills Community Theater, extending the lease for
six months.
13. CONSIDERATION of CONTRACT for legal services between the Town of Fountain
Hills and the Law Office of Mark Iacovino, for FY2015-2016 and FY2016-2017.
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REGULAR AGENDA ITEMS
14. CONSIDERATION of appointing three (3) citizens as commissioners on the Strategic
Planning Advisory Commission (SPAC), each for a term beginning on July 1, 2015 and
expiring on June 30, 2017.
15. CONSIDERATION of the request by the Public Art Committee to ACCEPT a sculpture
titled, "Fountain Spirit" for placement on the Avenue of the Fountain Plaza.
16. CONSIDERATION of the request by the Public Art Committee to accept a donated
painting titled, "Ode to Fountain Hills Fountain" for placement in the Community Center
Lobby.
17. CONSIDERATION of accepting the INVITATION FOR BID from Artistic Land
Management, Inc. in the amount of $308,705.00, for the annual landscaping contract with
the Town of Fountain Hills.
18. CONSIDERATION of the Community Services Advisory Commission's
RECOMMENDATION regarding the operation of the Dog Park in Desert Vista Park,
which was tabled from the March 19, 2015 Council meeting.
19. CONSIDERATION of RESOLUTION 2015-38, authorizing submission of a GRANT
APPLICATION to the Arizona Sports and Tourism Authority for the replacement of tennis
courts at Golden Eagle Park and Four Peaks Park; and approving the acceptance and
execution of any resulting grant agreement.
20. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to
allow Salt River Project to install a 20' tall Faux Saguaro Smart Signal Router at "14405 E.
Mourning Dove Drive, located in the "R1-43" zoning district. Case # SU2015-04
21. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow Salt River Project to
install a 20' tall Faux Saguaro Smart Signal Router at "14405 E. Mourning Dove Drive,
located in the "R1-43" zoning district. Case # SU2015-04
22. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to
allow Salt River Project to install a 20' tall Faux Saguaro Smart Signal Router antenna at
"Tract K" at the Copperwynd Resort, located in the "R-5" zoning district. Case # SU2015-
05
23. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow Salt River Project to
install a 20' tall Faux Saguaro Smart Signal Router antenna at "Tract K" at the Copperwynd
Resort, located in the "R-5" zoning district. Case # SU2015-05
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24. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT by
Brian & Deone Bayliss to allow a residential apartment at 11883 N. Saguaro Boulevard.
The property is located within the C-3 Commercial zoning district. (Case #SU 2015-07)
25. CONSIDERATION of a proposed SPECIAL USE PERMIT by Brian & Deone Bayliss to
allow a residential apartment at 11883 N. Saguaro Boulevard. The property is located
within the C-3 Commercial zoning district. (Case #SU 2015-07)
26. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT by
Vladimir Buer to allow The Fountain View Auto Center, a New & Used auto dealership at
13040-13048 N. Verde River Drive. The property is located within the C-2 Commercial
zoning district. (Case #SU 2015-09)
27. CONSIDERATION of a proposed SPECIAL USE PERMIT by Vladimir Buer to allow
The Fountain View Auto Center, a New & Used auto dealership at 13040-13048 N. Verde
River Drive. The property is located within the C-2 Commercial zoning district. (Case #SU
2015-09)
28. PUBLIC HEARING to receive comments on RESOLUTION 2015-31, a proposed Minor
Amendment to the Town of Fountain Hills General Plan 2010 — Town Center Area Specific
Plan. If adopted, the amendment will allow an Assisted Living Facility to be a permitted use
within the "South End District". (Case #GPA2015 - 03)
29. CONSIDERATION of RESOLUTION 2015-31, a proposed Minor Amendment to the
Town of Fountain Hills General Plan 2010 — Town Center Area Specific Plan. If adopted,
the amendment will allow an Assisted Living Facility to be a permitted use within the
"South End District". (Case # GPA2015 - 03)
30. PUBLIC HEARING to receive comments on RESOLUTION 2015-32, a proposed Minor
Amendment to the Town of Fountain Hills General Plan 2010. If adopted, the amendment
will allow a maximum residential density increase from 12 dwelling units per acre to 27.25
dwelling units per acre to be permitted within the Town Center area. (Case #GPA2015 —
04)
31. CONSIDERATION of RESOLUTION 2015-32, a proposed Minor Amendment to the
Town of Fountain Hills General Plan 2010. If adopted, the amendment will allow a
maximum residential density increase from 12 dwelling units per acre to 27.25 dwelling
units per acre to be permitted within the Town Center area. (Case # GPA2015 — 04)
32. PUBLIC HEARING to receive comments on ORDINANCE 15-07, a proposed text
amendment to the Town of Fountain Hills Zoning Ordinance, Section 23.06(I). If approved,
the amendment will reduce the minimum lot size requirement for PAD zoning from 5 acres
to 3 acres. (Case #Z2015-04)
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33. CONSIDERATION of ORDINANCE 15-07, a proposed text amendment to the Town of
Fountain Hills Zoning Ordinance, Section 23.06(I). If approved, the amendment will reduce
the minimum lot size requirement for PAD zoning from 5 acres to 3 acres. (Case #Z2015-
04)
34. PUBLIC HEARING to receive comments on ORDINANCE 15-08, a proposed
amendment to the Town of Fountain Hills Zoning Map. If adopted, the amendment would
rezone approximately 3.3 acres at 16750-16820 N. Paul Nordin Parkway, from the "TCCD"
zoning district to the "Morningstar PAD" zoning district. If approved, the rezoning will
allow the construction of a 111 bed Assisted Living Facility. (Case #Z2015-05)
35. CONSIDERATION of ORDINANCE 15-08, a proposed amendment to the Town of
Fountain Hills Zoning Map. If adopted, the amendment would rezone approximately 3.3
acres at 16750-16820 N. Paul Nordin Parkway, from the "TCCD" zoning district to the
"Morningstar PAD" zoning district. If approved, the rezoning will allow the construction of
a 111 bed Assisted Living Facility. (Case #Z2015-05)
36. CONSIDERATION of RESOLUTION 2015-14, levying upon the assessed valuation of
the property within the Town of Fountain Hills, subject to ad valorem taxation, a certain
sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount
estimated to be required in the annual budget, specifically for the purpose of paying
principal and interest upon bonded indebtedness; all for the Fiscal Year beginning July 1,
2015, and ending June 30, 2016.
37. 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.
38. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, Individual Councilmembers, and the Town Manager.
39. ADJOURNMENT.
DATED this 11th day of June, 2015.
Bevelyn 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.
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