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.