Loading...
HomeMy WebLinkAbout110915AREVISED: 9/12/11 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL 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 15, 2011 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 o r by telephone conference call; a quorum of the Town’s various Commissions or Boards 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 rec eived either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name 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. Mayor Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Vice Mayor Dennis Contino Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2011\R9-15-11\110915A.docx Last printed 9/12/2011 11:01 AM Page 2 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER – Mayor Jay T. Schlum 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §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, related to a proposed amendment to the Final Settlement Agreement with MCO Properties; and related to Pure Medical Marijuana & Wellness Center II, Inc. v. Town of Fountain Hills). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum INVOCATION – Jim Ricketts, from North Chapel ROLL CALL – Mayor Jay T. Schlum MAYOR’S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) PRESENTATION by Rey Valenzuela, Assistant Director of Elections with the Maricopa County, relating to an overview of jurisdictional “ALL MAIL” ELECTIONS AND HOW BALLOTS ARE PROCESSED. ii) The Mayor will read a PROCLAMATION declaring September 17, 2011, as "Constitution Commemoration Day." iii) The Mayor will read a PROCLAMATION declaring September 26, 2011, Family Day. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), 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 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from August 4, 9, and 18, 2011. 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Jing Lu, Owner/Agent of K & C Evergreen LLC DBA Ha Ha China located at 11849 N Saguaro Boulevard., Fountain Hills, AZ. This is for a series 12 license (Restaurant). Z:\Council Packets\2011\R9-15-11\110915A.docx Last printed 9/12/2011 11:01 AM Page 3 of 4 3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Sarah Lynn Meredith, Owner/Agent of S & C Meredith, LLC DBA Alamo Saloon located at 11807 N Saguaro Blvd., Fountain Hills, AZ. This is for a series 06 license (Bar). 4. CONSIDERATION of approving the ACQUISITION OF CONTROL LIQUOR LICENSE APPLICATION submitted by H. J. Lewkowitz, Agent, for the Sun Tech Development, LLC DBA Club at Copperwynd, located at 13225 N. Eagle Ridge Drive, Fountain Hills, AZ. This is for a series 11 license (Hotel/Motel). 5. CONSIDERATION of SPECIAL EVENTS being coordinated by the Town of Fountain Hills Community Services Department: the MOVIE IN THE PARK (September 17, 2011); BALLET UNDER THE STARS (September 25, 2011); the HOMECOMING PARADE (October 5, 2011); and the HOMECOMING TAILGATE PARTY (October 7, 2010). Saguaro Boulevard will be closed from Avenue of the Fountain to Palisades Boulevard for the Movie in the Park and the Ballet Under the Stars events. Sections of Avenue of the Fountains and Paul Nordin Parkway will be closed for the Homecoming Parade. 6. CONSIDERATION of a SPECIAL EVENT APPLICATION for the Oktoberfest presented by the Town of Fountain Hills, Southwest German Society, Sons of AMVETS, and Fountain Hills Elks Lodge #2846 to be held in Fountain Park on September 30-October 1, 2011. 7. CONSIDERATION of a SPECIAL EVENT APPLICATION submitted by Race Place Events for the Tour de Scottsdale bicycle race scheduled for Sunday, October 2, 2011, from 8-10 a.m. with cyclists travelling through Fountain Hills southbound along Fountain Hills Boulevard and Saguaro Boulevard, and westbound along Shea Boulevard. 8. CONSIDERATION of ACCEPTING the Third Amendment to the Hiking License Agreement between the Town and MCO Properties for access to the McDowell Mountain Preserve for guided hikes. REGULAR AGENDA ITEMS 9. CONSIDERATION of APPOINTING three (3) applicants to the Planning and Zoning Commission, for a two year term beginning October 1, 2011 and ending September 31, 2013. 10. CONSIDERATION of APPOINTING one youth to fill the Youth Commissioner vacancy on the Strategic Planning Advisory Commission (SPAC) for a term expiring on June 30, 2013. 11. CONSIDERATION of accepting a BRONZE SCULPTURE entitled, Shima II, on loan while a fundraising campaign is conducted, and to place the item on public display within the Centennial Circle. 12. UPDATE by Jerry Butler, Chair of the Greening of the Downtown Committee, regarding the NEXT PLANNED PHASE of plantings in Fountain Park, the status of developing vacant downtown landscaped lots, and CONSIDERATION of a request to receive a REFUND of $420 for monies previously paid for a landscape plan review. 13. PRESENTATION by the Fountain Hills Chamber Of Commerce, WITH DISCUSSION AND POSSIBLE DIRECTION TO STAFF regarding the FY 2011/12 funding for TOURISM. 14. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the annual $25 per unit commercial FIRE INSPECTION FEE as adopted in the FY10-11 fee schedule. Z:\Council Packets\2011\R9-15-11\110915A.docx Last printed 9/12/2011 11:01 AM Page 4 of 4 15. CONSIDERATION of a CONTRACT with Christmas Light Decorators, in the amount of $34,917.76, for DOWNTOWN HOLIDAY LIGHTS. 16. CONSIDERATION of an EXPENDITURE with Precision Electric Company, in the amount of $41,394.48, for the repair of a motor and pump Fountain Lake. 17. CONSIDERATION of an EXPENDITURE with Berge Ford under the Pima County Contract, in the amount of $37,950.95, for a chassis. 18. CONSIDERATION of an EXPENDITURE with Western Truck Equipment, in the amount of $14,837.36, for a utility body. 19. CONSIDERATION of an EXPENDITURE with Waterous Arizona, in the amount of $33,072.15, for a diesel powered Compressed Air Foam (CAF) pump assembly and tank. 20. CONSIDERATION of RESOLUTION 2011-33, declaring as a public record that certain document filed with the Town Clerk and entitled “The 2010-11 Amendments to the Tax Code of the Town of Fountain Hills”. 21. CONSIDERATION of ORDINANCE 11-12, adopting “The 2010-11 Amendments to the Tax Code of the Town of Fountain Hills” by reference; establishing an effective date; providing for severability and providing penalties for violations. 22. CONSIDERATION of RESOLUTION 2011-17, approving the transfer of investment funds, in the amount of $15M, from the Arizona State Treasurers Local Government Investment Pool (LGIP) to PFM Asset Management for the purpose of investing according to the Town’s adopted investment policy. 23. COUNCIL DISCUSSION/DIRECTION to the Interim Town Manager/Finance Director Julie Ghetti. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 24. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim Town Manager/Finance Director Julie Ghetti. 25. ADJOURNMENT. DATED this 8th day of September 2011. 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. REVISED: 9/12/11 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL 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 15, 2011 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 o r by telephone conference call; a quorum of the Town’s various Commissions or Boards 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 rec eived either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name 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. Mayor Jay T. Schlum Councilmember Dennis Brown Councilmember Tait D. Elkie Vice Mayor Dennis Contino Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Z:\Council Packets\2011\R9-15-11\110915A.docx Last printed 9/12/2011 11:01 AM Page 2 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER – Mayor Jay T. Schlum 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to §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, related to a proposed amendment to the Final Settlement Agreement with MCO Properties; and related to Pure Medical Marijuana & Wellness Center II, Inc. v. Town of Fountain Hills). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Jay T. Schlum INVOCATION – Jim Ricketts, from North Chapel ROLL CALL – Mayor Jay T. Schlum MAYOR’S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) PRESENTATION by Rey Valenzuela, Assistant Director of Elections with the Maricopa County, relating to an overview of jurisdictional “ALL MAIL” ELECTIONS AND HOW BALLOTS ARE PROCESSED. ii) The Mayor will read a PROCLAMATION declaring September 17, 2011, as "Constitution Commemoration Day." iii) The Mayor will read a PROCLAMATION declaring September 26, 2011, Family Day. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), 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 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from August 4, 9, and 18, 2011. 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Jing Lu, Owner/Agent of K & C Evergreen LLC DBA Ha Ha China located at 11849 N Saguaro Boulevard., Fountain Hills, AZ. This is for a series 12 license (Restaurant). Z:\Council Packets\2011\R9-15-11\110915A.docx Last printed 9/12/2011 11:01 AM Page 3 of 4 3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Sarah Lynn Meredith, Owner/Agent of S & C Meredith, LLC DBA Alamo Saloon located at 11807 N Saguaro Blvd., Fountain Hills, AZ. This is for a series 06 license (Bar). 4. CONSIDERATION of approving the ACQUISITION OF CONTROL LIQUOR LICENSE APPLICATION submitted by H. J. Lewkowitz, Agent, for the Sun Tech Development, LLC DBA Club at Copperwynd, located at 13225 N. Eagle Ridge Drive, Fountain Hills, AZ. This is for a series 11 license (Hotel/Motel). 5. CONSIDERATION of SPECIAL EVENTS being coordinated by the Town of Fountain Hills Community Services Department: the MOVIE IN THE PARK (September 17, 2011); BALLET UNDER THE STARS (September 25, 2011); the HOMECOMING PARADE (October 5, 2011); and the HOMECOMING TAILGATE PARTY (October 7, 2010). Saguaro Boulevard will be closed from Avenue of the Fountain to Palisades Boulevard for the Movie in the Park and the Ballet Under the Stars events. Sections of Avenue of the Fountains and Paul Nordin Parkway will be closed for the Homecoming Parade. 6. CONSIDERATION of a SPECIAL EVENT APPLICATION for the Oktoberfest presented by the Town of Fountain Hills, Southwest German Society, Sons of AMVETS, and Fountain Hills Elks Lodge #2846 to be held in Fountain Park on September 30-October 1, 2011. 7. CONSIDERATION of a SPECIAL EVENT APPLICATION submitted by Race Place Events for the Tour de Scottsdale bicycle race scheduled for Sunday, October 2, 2011, from 8-10 a.m. with cyclists travelling through Fountain Hills southbound along Fountain Hills Boulevard and Saguaro Boulevard, and westbound along Shea Boulevard. 8. CONSIDERATION of ACCEPTING the Third Amendment to the Hiking License Agreement between the Town and MCO Properties for access to the McDowell Mountain Preserve for guided hikes. REGULAR AGENDA ITEMS 9. CONSIDERATION of APPOINTING three (3) applicants to the Planning and Zoning Commission, for a two year term beginning October 1, 2011 and ending September 31, 2013. 10. CONSIDERATION of APPOINTING one youth to fill the Youth Commissioner vacancy on the Strategic Planning Advisory Commission (SPAC) for a term expiring on June 30, 2013. 11. CONSIDERATION of accepting a BRONZE SCULPTURE entitled, Shima II, on loan while a fundraising campaign is conducted, and to place the item on public display within the Centennial Circle. 12. UPDATE by Jerry Butler, Chair of the Greening of the Downtown Committee, regarding the NEXT PLANNED PHASE of plantings in Fountain Park, the status of developing vacant downtown landscaped lots, and CONSIDERATION of a request to receive a REFUND of $420 for monies previously paid for a landscape plan review. 13. PRESENTATION by the Fountain Hills Chamber Of Commerce, WITH DISCUSSION AND POSSIBLE DIRECTION TO STAFF regarding the FY 2011/12 funding for TOURISM. 14. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF relating to the annual $25 per unit commercial FIRE INSPECTION FEE as adopted in the FY10-11 fee schedule. Z:\Council Packets\2011\R9-15-11\110915A.docx Last printed 9/12/2011 11:01 AM Page 4 of 4 15. CONSIDERATION of a CONTRACT with Christmas Light Decorators, in the amount of $34,917.76, for DOWNTOWN HOLIDAY LIGHTS. 16. CONSIDERATION of an EXPENDITURE with Precision Electric Company, in the amount of $41,394.48, for the repair of a motor and pump Fountain Lake. 17. CONSIDERATION of an EXPENDITURE with Berge Ford under the Pima County Contract, in the amount of $37,950.95, for a chassis. 18. CONSIDERATION of an EXPENDITURE with Western Truck Equipment, in the amount of $14,837.36, for a utility body. 19. CONSIDERATION of an EXPENDITURE with Waterous Arizona, in the amount of $33,072.15, for a diesel powered Compressed Air Foam (CAF) pump assembly and tank. 20. CONSIDERATION of RESOLUTION 2011-33, declaring as a public record that certain document filed with the Town Clerk and entitled “The 2010-11 Amendments to the Tax Code of the Town of Fountain Hills”. 21. CONSIDERATION of ORDINANCE 11-12, adopting “The 2010-11 Amendments to the Tax Code of the Town of Fountain Hills” by reference; establishing an effective date; providing for severability and providing penalties for violations. 22. CONSIDERATION of RESOLUTION 2011-17, approving the transfer of investment funds, in the amount of $15M, from the Arizona State Treasurers Local Government Investment Pool (LGIP) to PFM Asset Management for the purpose of investing according to the Town’s adopted investment policy. 23. COUNCIL DISCUSSION/DIRECTION to the Interim Town Manager/Finance Director Julie Ghetti. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 24. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Interim Town Manager/Finance Director Julie Ghetti. 25. ADJOURNMENT. DATED this 8th day of September 2011. 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.