HomeMy WebLinkAbout151105ADAIN
NOTICE OF THE EXECUTIVE
AND REGULAR SESSIONS OF THE
is
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: 5:15 P.M. — EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2"a floor)
6:30 P.M. — REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 5, 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.
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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: A.R.S.
§ 38-431.03(A)(3), Discussion or consultation for legal advice with the attorney or attorneys of the
public body, and 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:
(i) the Park Place Development Agreement, (ii) a settlement offer on a tax enforcement action, and
(iii) the Fountain Hills Theater Lease).
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) The Mayor will read a PROCLAMATION declaring November 2015 as McDowell
Mountain Month in the Town of Fountain Hills.
ii) The Mayor will read a PROCLAMATION declaring November 2015 as American
Diabetes 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 Robbie Cole for attaining rank of Eagles Scout after completing
his Fountain Hills Community project.
iii) Presentation of the TOWN OF FOUNTAIN HILLS' COMPREHENSIVE
ANNUAL FINANCIAL REPORT (CAFR) and associated reports for the fiscal year
ending June 30, 2015, by Dennis Osuch, CPA, Principal with CliftonLarsonAllen
LLP
iv) Presentation of the QUARTERLY BUDGET REPORT by Finance Director Craig
Rudolphy the Town's for Fiscal Quarter ending September 30, 2015.
V) PRESENTATION by Recreation Supervisor Rachael Goodwin regarding the
Town's sponsorship of the CopperWynd Women's Pro -Challenge Tennis Event
scheduled for November 8 through 15, 2015.
z:\council packets\2015\r151105\151105a.docx Last Printed: 10/29/2015 3:17 PM Page 2 of 4
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
October 13, 2015.
2. CONSIDERATION of RESOLUTION 2015-53, approving the Town of Fountain Hills
2015 Multi -Jurisdictional Hazard Mitigation Plan.
3. CONSIDERATION of approving a Liquor License Application for ACQUISITION OF
CONTROL AND AGENT CHANGE submitted by Gwendolyn Wallace, Owner/Agent of
Cowboy Spirits LLC DBA Saddle Bronc Grill, located at 11056 N. Saguaro Boulevard,
Fountain Hills, AZ.
4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Merita Kraya, Owner/Agent of Euro Pizza Caf6 located at 12645 N Saguaro Boulevard,
Suite 11, Fountain Hills, AZ. This is for a series 7 license (Beer & Wine Bar).
5. CONSIDERATION of a CONTRACT with Salt River Project for the Ashbrook Wash
Relocations (SRP Work Order #T2015861 (Construction Services Contract (FCDMC))),
having a cost of $114,751.95.
REGULAR AGENDA ITEMS
6. CONSIDERATION of approving a SETTLEMENT OFFER relating to a tax enforcement
action.
7. CONSIDERATION of accepting a BRONZE SCULPTURE titled, "Gone, but not
Forgotten", and placement in Fountain Park at the request of the Public Art Committee.
8. DISCUSSION WITH POSSIBLE AFFIRMATION of "Fount Rushmore" as the
OFFICIAL NAME OF THE PLAZA near the U.S. Presidents statues at Fountain Park.
z:\council packets\2015\r151105\151105a.docx Last Printed: 10/29/2015 3:17 PM Page 3 of 4
9. CONSIDERATION of a FINAL REPLAT at 16750, 16800 & 16820 E. Paul Nordin
Parkway and at 16845 E. Avenue of the Fountains (Plat 208, Block 7, Lots 1, 2, 3 & 5).
Case # S2015-08. This item was TABLED at the 10/15/15 Council meeting.
10. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to
allow the installation of a 25' tall GOLF NET at 17008 E. Jacklin Drive. (APN 176-08-
738). Case # SU2015-14
11. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow the installation of a
25' tall GOLF NET at 17008 E. Jacklin Drive. (APN 176-08-738). Case # SU2015-14
12. DISCUSSION with POSSIBLE DIRECTION TO THE STRATEGIC PLANNING
ADVISORY COMMISSION regarding its project approach and efforts in updating the
Town of Fountain Hills Strategic Plan.
13. CONSIDERATION of ORDINANCE 15-09, amending Town Code Chapter 2, Mayor and
Council, Article 2-3, by modifying the provisions relating to all -mail ballot elections and by
incorporating changes to State Law regarding calculation of the majority of votes cast.
14. CONSIDERATION or ORDINANCE 15-10, approving an amendment to the pavement
management program and authorizing the necessary budget transfers to fund the program.
15. 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.
16. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
17. ADJOURNMENT.
DATED this 29a' day of October, 2015.
Bevelyn JA3encfer, 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\rl 51105\1 51105a.docx Last Printed: 10/29/2015 3:17 PM Page 4 of 4
DAIN
NOTICE OF THE EXECUTIVE
AND REGULAR SESSIONS OF THE
is
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: 5:15 P.M. — EXECUTIVE SESSION
(Executive Session will be held in the Fountain Conference Room - 2"a floor)
6:30 P.M. — REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 5, 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\rl 51105\1 51105a.docx Last Printed: 10/29/2015 3:17 PM Page 1 of 4
EXECUTIVE SESSION AGENDA
CALL TO ORDER — Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: A.R.S.
§ 38-431.03(A)(3), Discussion or consultation for legal advice with the attorney or attorneys of the
public body, and 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:
(i) the Park Place Development Agreement, (ii) a settlement offer on a tax enforcement action, and
(iii) the Fountain Hills Theater Lease).
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) The Mayor will read a PROCLAMATION declaring November 2015 as McDowell
Mountain Month in the Town of Fountain Hills.
ii) The Mayor will read a PROCLAMATION declaring November 2015 as American
Diabetes 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 Robbie Cole for attaining rank of Eagles Scout after completing
his Fountain Hills Community project.
iii) Presentation of the TOWN OF FOUNTAIN HILLS' COMPREHENSIVE
ANNUAL FINANCIAL REPORT (CAFR) and associated reports for the fiscal year
ending June 30, 2015, by Dennis Osuch, CPA, Principal with CliftonLarsonAllen
LLP
iv) Presentation of the QUARTERLY BUDGET REPORT by Finance Director Craig
Rudolphy the Town's for Fiscal Quarter ending September 30, 2015.
V) PRESENTATION by Recreation Supervisor Rachael Goodwin regarding the
Town's sponsorship of the CopperWynd Women's Pro -Challenge Tennis Event
scheduled for November 8 through 15, 2015.
z:\council packets\2015\r151105\151105a.docx Last Printed: 10/29/2015 3:17 PM Page 2 of 4
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
October 13, 2015.
2. CONSIDERATION of RESOLUTION 2015-53, approving the Town of Fountain Hills
2015 Multi -Jurisdictional Hazard Mitigation Plan.
3. CONSIDERATION of approving a Liquor License Application for ACQUISITION OF
CONTROL AND AGENT CHANGE submitted by Gwendolyn Wallace, Owner/Agent of
Cowboy Spirits LLC DBA Saddle Bronc Grill, located at 11056 N. Saguaro Boulevard,
Fountain Hills, AZ.
4. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by
Merita Kraya, Owner/Agent of Euro Pizza Caf6 located at 12645 N Saguaro Boulevard,
Suite 11, Fountain Hills, AZ. This is for a series 7 license (Beer & Wine Bar).
5. CONSIDERATION of a CONTRACT with Salt River Project for the Ashbrook Wash
Relocations (SRP Work Order #T2015861 (Construction Services Contract (FCDMC))),
having a cost of $114,751.95.
REGULAR AGENDA ITEMS
6. CONSIDERATION of approving a SETTLEMENT OFFER relating to a tax enforcement
action.
7. CONSIDERATION of accepting a BRONZE SCULPTURE titled, "Gone, but not
Forgotten", and placement in Fountain Park at the request of the Public Art Committee.
8. DISCUSSION WITH POSSIBLE AFFIRMATION of "Fount Rushmore" as the
OFFICIAL NAME OF THE PLAZA near the U.S. Presidents statues at Fountain Park.
z:\council packets\2015\r151105\151105a.docx Last Printed: 10/29/2015 3:17 PM Page 3 of 4
9. CONSIDERATION of a FINAL REPLAT at 16750, 16800 & 16820 E. Paul Nordin
Parkway and at 16845 E. Avenue of the Fountains (Plat 208, Block 7, Lots 1, 2, 3 & 5).
Case # S2015-08. This item was TABLED at the 10/15/15 Council meeting.
10. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to
allow the installation of a 25' tall GOLF NET at 17008 E. Jacklin Drive. (APN 176-08-
738). Case # SU2015-14
11. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow the installation of a
25' tall GOLF NET at 17008 E. Jacklin Drive. (APN 176-08-738). Case # SU2015-14
12. DISCUSSION with POSSIBLE DIRECTION TO THE STRATEGIC PLANNING
ADVISORY COMMISSION regarding its project approach and efforts in updating the
Town of Fountain Hills Strategic Plan.
13. CONSIDERATION of ORDINANCE 15-09, amending Town Code Chapter 2, Mayor and
Council, Article 2-3, by modifying the provisions relating to all -mail ballot elections and by
incorporating changes to State Law regarding calculation of the majority of votes cast.
14. CONSIDERATION or ORDINANCE 15-10, approving an amendment to the pavement
management program and authorizing the necessary budget transfers to fund the program.
15. 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.
16. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
17. ADJOURNMENT.
DATED this 29a' day of October, 2015.
Bevelyn JA3encfer, 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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