HomeMy WebLinkAbout160317AAIN�l
° n NOTICE OF THE EXECUTIVE AND
MW mw. REGULAR SESSIONS OF THE
9y`4at�� ti°°e
is FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Councilmember Dennis Brown
Councilmember Nick DePorter
Councilmember Cassie Hansen
Vice Mayor 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, MARCH 17, 2016
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 durin2 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: (1)
A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or
attorneys of the public body, and (2) 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 Theater Lease, and (ii) the Morningstar project).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Julie Orwin, President of Congregation Beth Hagivot
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic
Development.
ii) UPDATE by Fountain Hills Rotary Boardmember Bill Pape regarding the Rotary
Musical Playground.
iii) UPDATE by MCSO Captain David Letourneau regarding truck traffic enforcement
in the Town of Fountain Hills.
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.
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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
March 3, 2016.
2. CONSIDERATION of re -appointing Robert Melton as the Presiding Judge for a four-year
term and approving the PROFESSIONAL SERVICES AND EMPLOYMENT
AGREEMENT.
3. CONSIDERATION of authorizing the EXPENDITURE of $8,000.00 to remove two
existing disc golf tee pads and install three new ones to complete the disc golf course with
funds to come from the Fountain Park Improvements - Phase VI Capital Project Fund for
project's design fees ($7,000.00) and from the CIP Contingency ($1,000.00).
4. CONSIDERATION of (i) the FIRST AMENDMENT to the Professional Services
Agreement between the Town of Fountain Hills and Brown & Associates Certified
Inspection Service, Inc. (contract C2016-110) for plan review, inspection and building
official services, in an amount not to exceed $40,000.00; and (ii) the BUDGET
TRANSFER in the amount of $24,000 from the Town Manager's Contingency to
Development Services relating to the cost of plan review, inspection and building official
services.
5. CONSIDERATION of a FINAL REPLAT for a lot line adjustment between 15477 E.
Telegraph Drive and 15481 E. Telegraph Drive, aka Plat 604C, Block 9, Lots 3 and 4. Case
#2016-01
6. CONSIDERATION of (i) the FINAL PLAT entitled "Replat of Plat 302, Bock 5, Lots 1 &
2, and Parcel A", that combines lots 1, 2, and a portion of Parcel A into a new lot "1A"; and
(ii) the BUDGET TRANSFER in the amount of $7,800.00 from the Town Manager's
Contingency, to Development Services, relating to the cost of the theater replats.
REGULAR AGENDA ITEMS
7. CONSIDERATION of a CERTIFICATE OF MODIFICATION to EN LLC regarding
Eagles Nest Parcel 11, Lot 245; and authorizing its signature.
8. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item
included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN
or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
z:\council packets\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 3 of 4
9. 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.
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, Individual Councilmembers, and the Town Manager.
11. ADJOURNMENT.
DATED this 10th day of March, 2016.
,dch_
Bevelyn JYBentler, 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\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 4 of 4
AIN�l
° n NOTICE OF THE EXECUTIVE AND
MW mw. REGULAR SESSIONS OF THE
9y`4at�� ti°°e
is FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Councilmember Dennis Brown
Councilmember Nick DePorter
Councilmember Cassie Hansen
Vice Mayor 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, MARCH 17, 2016
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 durin2 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\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 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: (1)
A.R.S. § 38-431.03(A)(3), discussion or consultation for legal advice with the attorney or
attorneys of the public body, and (2) 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 Theater Lease, and (ii) the Morningstar project).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Julie Orwin, President of Congregation Beth Hagivot
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic
Development.
ii) UPDATE by Fountain Hills Rotary Boardmember Bill Pape regarding the Rotary
Musical Playground.
iii) UPDATE by MCSO Captain David Letourneau regarding truck traffic enforcement
in the Town of Fountain Hills.
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\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 2 of 4
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
March 3, 2016.
2. CONSIDERATION of re -appointing Robert Melton as the Presiding Judge for a four-year
term and approving the PROFESSIONAL SERVICES AND EMPLOYMENT
AGREEMENT.
3. CONSIDERATION of authorizing the EXPENDITURE of $8,000.00 to remove two
existing disc golf tee pads and install three new ones to complete the disc golf course with
funds to come from the Fountain Park Improvements - Phase VI Capital Project Fund for
project's design fees ($7,000.00) and from the CIP Contingency ($1,000.00).
4. CONSIDERATION of (i) the FIRST AMENDMENT to the Professional Services
Agreement between the Town of Fountain Hills and Brown & Associates Certified
Inspection Service, Inc. (contract C2016-110) for plan review, inspection and building
official services, in an amount not to exceed $40,000.00; and (ii) the BUDGET
TRANSFER in the amount of $24,000 from the Town Manager's Contingency to
Development Services relating to the cost of plan review, inspection and building official
services.
5. CONSIDERATION of a FINAL REPLAT for a lot line adjustment between 15477 E.
Telegraph Drive and 15481 E. Telegraph Drive, aka Plat 604C, Block 9, Lots 3 and 4. Case
#2016-01
6. CONSIDERATION of (i) the FINAL PLAT entitled "Replat of Plat 302, Bock 5, Lots 1 &
2, and Parcel A", that combines lots 1, 2, and a portion of Parcel A into a new lot "1A"; and
(ii) the BUDGET TRANSFER in the amount of $7,800.00 from the Town Manager's
Contingency, to Development Services, relating to the cost of the theater replats.
REGULAR AGENDA ITEMS
7. CONSIDERATION of a CERTIFICATE OF MODIFICATION to EN LLC regarding
Eagles Nest Parcel 11, Lot 245; and authorizing its signature.
8. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to any item
included in the League of Arizona Cities and Towns weekly LEGISLATIVE BULLETIN
or relating to any ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
z:\council packets\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 3 of 4
9. 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.
10. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, Individual Councilmembers, and the Town Manager.
11. ADJOURNMENT.
DATED this 10th day of March, 2016.
,dch_
Bevelyn JYBentler, 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\2016\rl60317\160317a.docx Last Printed: 3/8/2016 12:50 PM Page 4 of 4