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Home My WebLink About150903A-revisedAIN�l REVISED: 9-1-15 ° n NOTICE OF THE EXECUTIVE • AND REGULAR SESSIONS OF THE 9y'hat�� ti°°Q 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 be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. —REGULAR SESSION WHEN: THURSDAY, SEPTEMBER 3, 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. z:\council packets\2015\rl509O3\150903a.docx Last Printed: 9/1/2015 2:30 PM Page 1 of 5 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 or pending litigation or in a settlement discussions conducted in order to avoid or resolve litigation (specifically, the Chaparral City Water Corporation complaint and the 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, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting (specifically, the Town Prosecutor contract). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION —Pastor Forrest, Fountain Hills Christian Center ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION recognizing the 41St Anniversary of the Polish American Congress of Arizona and declare the month of October 2015 as Polish Heritage Month in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. ii) RECOGNITION of the Mayor's Youth Council who recently attended the Arizona Cities and Towns Annual Conference in Tucson, AZ. iii) Presentation of the 2015 MY REPUBLIC REWARDS COMMUNITY GRANT AWARD by Republic Services Division Manager Robert Bennett. iv) Presentation of the TOURISM PROGRAM with a forecast of FY16 projects and priority items by Recreation Supervisor Rachael and Tourism Coordinator Grace Rodman-Guetter. V) Presentation of the QUARTERLY BUDGET REPORT by Finance Director Craig Rudolphy the Town's for Fiscal Quarter ending June 30, 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\rl509O3\150903a.docx Last Printed: 9/1/2015 2:30 PM Page 2 of 5 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 August 6, 2015. 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Heidi Sue Hake, Owner/Agent of D6ja Vu, LLC DBA Vu Terrace Caf6, located at 14815 E. Shea Boulevard, #100 and #101, Fountain Hills, AZ. This is for a series 7 license (Beer & Wine Bar). 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Sons of AmVets #7 (Samuel Coffee) in conjunction with the 2015 Oktoberfest event to be held at Fountain Park, located at 12925 N. Saguaro Boulevard, on Friday and Saturday, September 25 - 26, 2015, from 5:00 PM to 11:00 PM. 4. CONSIDERATION of approving SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Elks Lodge #2846 (William Pagean) in conjunction with the Fountain Hills Block Party to be held on the Avenue of the Fountains on Friday, October 16, 2015, from 5:00 PM to 10:00 PM. 5. CONSIDERATION of approving SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post #58 (Robert Schmitz) to be held in conjunction with the Annual Motorcycle Show at 16837 Parkview Avenue, on October 24, 2015, from 10:00 AM to 10:00 PM. 6. CONSIDERATION of approving RESOLUTION 2015-44, regarding a Memorandum of Understanding (MOU) with the Arizona Department of Revenue (DOR) concerning performance expectations. 7. CONSIDERATION of approving RESOLUTION 2015-40, regarding a cooperative purchasing agreement with The Cooperative Purchasing Network (TCN). 8. CONSIDERATION of approving RESOLUTION 2015-45 abandoning whatever right, title, or interest the Town has in a certain HILLSIDE PROTECTION EASEMENT on property located at 9511 Technology Drive. (Case #HPE 2015-10) 9. CONSIDERATION of approving RESOLUTION 2015-42, abandoning whatever right, title, or interest the Town has in a certain HILLSIDE PROTECTION EASEMENT on property located at 16431 and 16442 Los Siete Court. (Case #HPE2015-11) 10. CONSIDERATION of approving the FINAL REPLAT at 16207 and 16149 E Saguaro Boulevard, AKA Plat 415, Lots 19 & 20 (APN's 176-09-380, 176-09-381). Case # S2015- 05 11. CONSIDERATION of approving RESOLUTION 2015-46, abandoning whatever right, title or interest the Town has in the certain Drainage Easement located within Firerock Parcel D Lot 28, (9635 North Rock Ridge Trail) as recorded in 2000-0537846 MCR, with stipulation. EA 2015-10 (Maley). z:\council packets\2015\rl509O3\150903a.docx Last Printed: 9/1/2015 2:30 PM Page 3 of 5 12. CONSIDERATION of approving RESOLUTION 2015-43, terminating an Intergovernmental Agreement with Maricopa County for the Maricopa County Sheriffs' Office space. REGULAR AGENDA ITEMS 13. CONSIDERATION of a LIQUOR LICENSE APPLICATION submitted by Penny Zimmerman, Owner/Agent of Norma Jeans LLC DBA Monroes Bar and Grill, located at 13014 North Saguaro Boulevard, #101 Fountain Hills, A.Z. This is for a series 12 license (Restaurant). 14. CONSIDERATION of a SPECIAL EVENT APPLICATION for the FOUNTAIN BIKE FEST event, presented by the Fountain Hills Chamber of Commerce, to be held in Fountain Hills from Friday, April 8, through Sunday, April 10, 2016. The event will feature multiple rides including a criterion race, circuit and long distance endurance options that will require variable road closures throughout the weekend. The event will run from 12:00 PM to 9:00 PM on Friday, 7:00 AM to 8:00 PM Saturday, and 7:00 AM to 5:00 PM Sunday. 15. UPDATE regarding the TECHNOLOGY LEARNING CENTER'S future use of space in the Community Center. 16. CONSIDERATION of authorizing the PURCHASE of new playground equipment from ExerPlay in the amount of $46,883.87. 17. PRESENTATION of a proposed CONTRACT with American Metering Services, Inc. d/b/a/ AMS Billing Services to implement the environmental fee, adopted by the Council on November 20, 2014. 18. CONSIDERATION of a contract for LEGAL SERVICES between the Town of Fountain Hills and the Law Office of Mark Iacovino, for FY2015-16 and FY2016-17. This item was tabled by Councilmember Leger at the June 18, 2015 Council meeting. 19. CONSIDERATION of a Cooperative Purchase Agreement C2016-145 between M. R. Tanner Development and Construction, Inc. and the Town of Fountain Hills for Asphalt Replacement and miscellaneous work in an amount not to exceed $1,471,597.22. 20. 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. 21. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. z:\council packets\2015\rl509O3\150903a.docx Last Printed: 9/1/2015 2:30 PM Page 4 of 5 22. ADJOURNMENT. DATED this 27th day of August, 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\rl50903\150903a.docx Last Printed: 9/1/2015 2:30 PM Page 5 of 5 AIN�l REVISED: 9-1-15 ° n NOTICE OF THE EXECUTIVE • AND REGULAR SESSIONS OF THE 9y'hat�� ti°°Q 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 be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. —REGULAR SESSION WHEN: THURSDAY, SEPTEMBER 3, 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. z:\council packets\2015\rl509O3\150903a.docx Last Printed: 9/1/2015 2:30 PM Page 1 of 5 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 or pending litigation or in a settlement discussions conducted in order to avoid or resolve litigation (specifically, the Chaparral City Water Corporation complaint and the 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, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting (specifically, the Town Prosecutor contract). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION —Pastor Forrest, Fountain Hills Christian Center ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION recognizing the 41St Anniversary of the Polish American Congress of Arizona and declare the month of October 2015 as Polish Heritage Month in the Town of Fountain Hills. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. ii) RECOGNITION of the Mayor's Youth Council who recently attended the Arizona Cities and Towns Annual Conference in Tucson, AZ. iii) Presentation of the 2015 MY REPUBLIC REWARDS COMMUNITY GRANT AWARD by Republic Services Division Manager Robert Bennett. iv) Presentation of the TOURISM PROGRAM with a forecast of FY16 projects and priority items by Recreation Supervisor Rachael and Tourism Coordinator Grace Rodman-Guetter. V) Presentation of the QUARTERLY BUDGET REPORT by Finance Director Craig Rudolphy the Town's for Fiscal Quarter ending June 30, 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\rl509O3\150903a.docx Last Printed: 9/1/2015 2:30 PM Page 2 of 5 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 August 6, 2015. 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Heidi Sue Hake, Owner/Agent of D6ja Vu, LLC DBA Vu Terrace Caf6, located at 14815 E. Shea Boulevard, #100 and #101, Fountain Hills, AZ. This is for a series 7 license (Beer & Wine Bar). 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Sons of AmVets #7 (Samuel Coffee) in conjunction with the 2015 Oktoberfest event to be held at Fountain Park, located at 12925 N. Saguaro Boulevard, on Friday and Saturday, September 25 - 26, 2015, from 5:00 PM to 11:00 PM. 4. CONSIDERATION of approving SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Fountain Hills Elks Lodge #2846 (William Pagean) in conjunction with the Fountain Hills Block Party to be held on the Avenue of the Fountains on Friday, October 16, 2015, from 5:00 PM to 10:00 PM. 5. CONSIDERATION of approving SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post #58 (Robert Schmitz) to be held in conjunction with the Annual Motorcycle Show at 16837 Parkview Avenue, on October 24, 2015, from 10:00 AM to 10:00 PM. 6. CONSIDERATION of approving RESOLUTION 2015-44, regarding a Memorandum of Understanding (MOU) with the Arizona Department of Revenue (DOR) concerning performance expectations. 7. CONSIDERATION of approving RESOLUTION 2015-40, regarding a cooperative purchasing agreement with The Cooperative Purchasing Network (TCN). 8. CONSIDERATION of approving RESOLUTION 2015-45 abandoning whatever right, title, or interest the Town has in a certain HILLSIDE PROTECTION EASEMENT on property located at 9511 Technology Drive. (Case #HPE 2015-10) 9. CONSIDERATION of approving RESOLUTION 2015-42, abandoning whatever right, title, or interest the Town has in a certain HILLSIDE PROTECTION EASEMENT on property located at 16431 and 16442 Los Siete Court. (Case #HPE2015-11) 10. CONSIDERATION of approving the FINAL REPLAT at 16207 and 16149 E Saguaro Boulevard, AKA Plat 415, Lots 19 & 20 (APN's 176-09-380, 176-09-381). Case # S2015- 05 11. CONSIDERATION of approving RESOLUTION 2015-46, abandoning whatever right, title or interest the Town has in the certain Drainage Easement located within Firerock Parcel D Lot 28, (9635 North Rock Ridge Trail) as recorded in 2000-0537846 MCR, with stipulation. EA 2015-10 (Maley). z:\council packets\2015\rl509O3\150903a.docx Last Printed: 9/1/2015 2:30 PM Page 3 of 5 12. CONSIDERATION of approving RESOLUTION 2015-43, terminating an Intergovernmental Agreement with Maricopa County for the Maricopa County Sheriffs' Office space. REGULAR AGENDA ITEMS 13. CONSIDERATION of a LIQUOR LICENSE APPLICATION submitted by Penny Zimmerman, Owner/Agent of Norma Jeans LLC DBA Monroes Bar and Grill, located at 13014 North Saguaro Boulevard, #101 Fountain Hills, A.Z. This is for a series 12 license (Restaurant). 14. CONSIDERATION of a SPECIAL EVENT APPLICATION for the FOUNTAIN BIKE FEST event, presented by the Fountain Hills Chamber of Commerce, to be held in Fountain Hills from Friday, April 8, through Sunday, April 10, 2016. The event will feature multiple rides including a criterion race, circuit and long distance endurance options that will require variable road closures throughout the weekend. The event will run from 12:00 PM to 9:00 PM on Friday, 7:00 AM to 8:00 PM Saturday, and 7:00 AM to 5:00 PM Sunday. 15. UPDATE regarding the TECHNOLOGY LEARNING CENTER'S future use of space in the Community Center. 16. CONSIDERATION of authorizing the PURCHASE of new playground equipment from ExerPlay in the amount of $46,883.87. 17. PRESENTATION of a proposed CONTRACT with American Metering Services, Inc. d/b/a/ AMS Billing Services to implement the environmental fee, adopted by the Council on November 20, 2014. 18. CONSIDERATION of a contract for LEGAL SERVICES between the Town of Fountain Hills and the Law Office of Mark Iacovino, for FY2015-16 and FY2016-17. This item was tabled by Councilmember Leger at the June 18, 2015 Council meeting. 19. CONSIDERATION of a Cooperative Purchase Agreement C2016-145 between M. R. Tanner Development and Construction, Inc. and the Town of Fountain Hills for Asphalt Replacement and miscellaneous work in an amount not to exceed $1,471,597.22. 20. 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. 21. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. z:\council packets\2015\rl509O3\150903a.docx Last Printed: 9/1/2015 2:30 PM Page 4 of 5 22. ADJOURNMENT. DATED this 27th day of August, 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\rl50903\150903a.docx Last Printed: 9/1/2015 2:30 PM Page 5 of 5