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NOTICE OF THE
EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Councilmember Dennis Brown
Vice Mayor Nick DePorter
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Art Tolis
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 16, 2017
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)(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, impending or contemplated litigation
or in settlement discussions conducted in order to avoid or resolve litigation (specifically (i)
the proposed Copperwynd Development Agreement and Planned Area Development Zoning
and (ii) (Palatial Estates Lots 17 & 18).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION - Pastor Bill Good, Fountain Hills Presbyterian Church
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor and/or Council may review RECENT EVENTS attended relating to
Economic Development.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-O1(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
February 21, 2017.
2. CONSIDERATION of approving the 4th amendment to the COOPERATIVE
PURCHASING AGREEMENT (C2016-182) with Vincon Engineering Construction, LLC,
in an amount not to exceed $50,000.00, for Town -wide Concrete repair and replacement.
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REGULAR AGENDA
3. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the DARK SKY
DESIGNATION APPLICATION.
4. CONSIDERATION of RESOLUTION 2017-07, a DEVELOPMENT AGREEMENT
between the Town of Fountain Hills and Palisades Resorts, LLC to allow the development
of the Copperwynd Resort with a 300 room hotel, conference facility, restaurant, and
additional ancillary uses on approximately 16.5 acres located at 13225 N. Eagle Ridge
Drive, Fountain Hills, AZ. (Case #DA 2017-01)
5. PUBLIC HEARING to receive comments on ORDINANCE 17-04, a text amendment to
the Town of Fountain Hills Zoning Ordinance and Map. If adopted, the amendment would
rezone approximately 16.5 acres at 13225 N. Eagle Ridge Drive (Copperwynd Resort),
from "R-5 PUD" to the "Copperwynd PAD" zoning district. (Case # Z 2017-02)
6. CONSIDERATION of ORDINANCE 17-04, a text amendment to the Town of Fountain
Hills Zoning Ordinance and Map. If adopted, the amendment would rezone approximately
16.5 acres at 13225 N. Eagle Ridge Drive (Copperwynd Resort), from "R-5 PUD" to the
"Copperwynd PAD" zoning district. (Case # Z 2017-02)
7. 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.
a. League of Cities and Towns Bulletin(s)
8. 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.
9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
10. ADJOURNMENT.
DATED this 9th day of March, 2017.
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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J
NOTICE OF THE
EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Councilmember Dennis Brown
Vice Mayor Nick DePorter
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Art Tolis
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 16, 2017
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\2017\x170316\170316a.docx Last Printed: 3/8/2017 1:58 PM Page 1 of 3
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)(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, impending or contemplated litigation
or in settlement discussions conducted in order to avoid or resolve litigation (specifically (i)
the proposed Copperwynd Development Agreement and Planned Area Development Zoning
and (ii) (Palatial Estates Lots 17 & 18).
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION - Pastor Bill Good, Fountain Hills Presbyterian Church
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) The Mayor and/or Council may review RECENT EVENTS attended relating to
Economic Development.
CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431-O1(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
February 21, 2017.
2. CONSIDERATION of approving the 4th amendment to the COOPERATIVE
PURCHASING AGREEMENT (C2016-182) with Vincon Engineering Construction, LLC,
in an amount not to exceed $50,000.00, for Town -wide Concrete repair and replacement.
z:\council packets\2017\r170316\170316a.docx Last Printed: 3/8/2017 1:58 PM Page 2 of 3
REGULAR AGENDA
3. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the DARK SKY
DESIGNATION APPLICATION.
4. CONSIDERATION of RESOLUTION 2017-07, a DEVELOPMENT AGREEMENT
between the Town of Fountain Hills and Palisades Resorts, LLC to allow the development
of the Copperwynd Resort with a 300 room hotel, conference facility, restaurant, and
additional ancillary uses on approximately 16.5 acres located at 13225 N. Eagle Ridge
Drive, Fountain Hills, AZ. (Case #DA 2017-01)
5. PUBLIC HEARING to receive comments on ORDINANCE 17-04, a text amendment to
the Town of Fountain Hills Zoning Ordinance and Map. If adopted, the amendment would
rezone approximately 16.5 acres at 13225 N. Eagle Ridge Drive (Copperwynd Resort),
from "R-5 PUD" to the "Copperwynd PAD" zoning district. (Case # Z 2017-02)
6. CONSIDERATION of ORDINANCE 17-04, a text amendment to the Town of Fountain
Hills Zoning Ordinance and Map. If adopted, the amendment would rezone approximately
16.5 acres at 13225 N. Eagle Ridge Drive (Copperwynd Resort), from "R-5 PUD" to the
"Copperwynd PAD" zoning district. (Case # Z 2017-02)
7. 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.
a. League of Cities and Towns Bulletin(s)
8. 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.
9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
10. ADJOURNMENT.
DATED this 9th day of March, 2017.
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\2017\rl70316\170316a.docx Last Printed: 3/8/2017 1:58 PM Page 3 of 3