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HomeMy WebLinkAbout150618A��yTAIN�jj� 0 'MW i 1Q1 -Fhat is Arvti� 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. z:\council packets\2015\rl 50618\1 50618a.docx Last Printed: 6/11/2015 2:56 PM Page 1 of 6 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. z:\council packets\2015\r150618\150618a.docx Last Printed: 6/11/2015 2:56 PM Page 2 of 6 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. z:\council packets\2015\r150618\150618a.docx Last Printed: 6/11/2015 2:56 PM Page 3 of 6 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 z:\council packets\2015\r150618\150618a.docx Last Printed: 6/11/2015 2:56 PM Page 4 of 6 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) z:\council packets\2015\r150618\150618a.docx Last Printed: 6/11/2015 2:56 PM Page 5 of 6 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. z:\council packets\2015\r150618\150618a.docx Last Printed: 6/11/2015 2:56 PM Page 6 of 6