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Home My WebLink About170406A�t oINS �n . -��QwJ i. Zell! Q-r,1141t REVISED: 4/4/17 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Henry Leger FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 5:30 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, APRIL 6, 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\rl70406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page l of 5 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 (Specifically, regarding a code enforcement matter). 2. ADJOURNMENT. REGULAR 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) ROTATION OF THE VICE MAYOR position to Councilmember Alan Magazine: Pursuant to Section 2-2-2 of the Fountain Hills Town Code, that each member of the Council, except the Mayor, shall serve an eight-month term as Vice Mayor and shall perform the duties of the Mayor during his absence or disability. ii) The Mayor will read a PROCLAMATION declaring Fountain Hills as a Purple Heart Town. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) Recognition of Coach Matt Keating and the Fountain Hills High School 3A Boys State Basketball Champions. iii) Recognition of the 2017 Fountain Hills Coalition Essay Contest Winners: Noah Ohnsorg (1 st Place), Mikayla Anderson (2nd Place), and Laura Anderson (3rd Place). 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\2017\r170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 2 of 5 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 27, 2017; March 2 and 7, 2017. 2. CONSIDERATION of RESOLUTION 2017-10, granting a Power Distribution Easement to Salt River Project Agricultural and Power District on the Town Hall property, and authorizing its signature by staff. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Christine Colley, representing the Fountain Events Inc., for the purpose of the annual Oktoberfest fund raiser event, to be held at 12925 N. Saguaro Boulevard, scheduled to be held on Friday, September 29, 2017, and Saturday, September 30, 2017, from 5:00 PM to 11:00 PM. 4. CONSIDERATION of AMENDING the Fountain Hills Theater (Patricia Torrilhon) Special Event Liquor License application previously approved by the Town Council on December 15, 2016, for the promotion a fundraiser event to be held at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, by changing the time of the fundraiser to 10 AM to 11 PM, Sunday, April 30, 2017, and authorizing the Town Manager to send a letter to the Arizona Department of Liquor confirming the time change. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Women in Partnership (Sharon Morgan), for the Fountain Hills Chamber Gala event, to be held in the Grand Ballroom and lobby of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 5:OOPM to 10:00 PM on Friday, May 5, 2017. 6. CONSIDERATION of applying for PROP 202 GRANT FUNDING from (i) the Fort McDowell Yavapai Nation, in the amount of $10,000, (ii) the Salt River Pima Indian Community, in the amount of $45,000.00, and (iii) PROP 302 GRANT FUNDING from the Arizona Office of Tourism (AOT), in the amount of $40,000.00, for the Tourism Fund (TOURAD), which is to be used for additional tourism marketing. 7. CONSIDERATION of approving a CONTRACT with the Law Office of Mark Iacovino, in the amount of $105,000, to provide Town Prosecutor services on behalf of the Town of Fountain Hills. 8. CONSIDERATION of approving the first amendment to a Professional Services Agreement (#C2017-007) with J2 Engineering, in the amount of $18,433, for the purpose of creating addendum documents for the initial phase of the Adero Canyon Trailhead Project for interim utilities and authorizing the Town Manager to sign the agreement.. z:\council packets\2017\r170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 3 of 5 REGULAR AGENDA 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the DARK SKY DESIGNATION APPLICATION. 10. PUBLIC HEARING pursuant to Zoning Ordinance Section 12.03.F to receive comments on a proposed SPECIAL USE PERMIT to allow a single family residential dwelling at 16810 E. El Pueblo Boulevard, located in the "C -C; Common Commercial Zoning District". 11. CONSIDERATION of a SPECIAL USE PERMIT to allow a single family residential dwelling at 16810 E. El Pueblo Boulevard, located in the "C -C; Common Commercial Zoning District". 12. PUBLIC HEARING pursuant to Zoning Ordinance Section 12.05.J and 12.05.K, to receive comments on a proposed SPECIAL USE PERMIT to allow light assembly and storage, and to conduct new and used automobile sales and display by S -NAP Golf Cars LLC at 11605 N. Saguaro Boulevard, located in the "C-2 — Intermediate Commercial" zoning district. 13. CONSIDERATION of a SPECIAL USE PERMIT to allow light assembly and storage, and to conduct new and used automobile sales and display by S -NAP Golf Cars LLC at 11605 N. Saguaro Boulevard, located in the "C-2 — Intermediate Commercial" zoning district. 14. PUBLIC HEARING on ORDINANCE 17-03, amending the Fountain Hills Zoning Ordinance, Chapter 25, by adding a new Section 25.03, related to allowing residential dwelling units as permitted uses within the Entertainment Overlay District. 15. CONSIDERATION of ORDINANCE 17-03, amending the Fountain Hills Zoning Ordinance, Chapter 25, by adding a new Section 25.03, related to allowing residential dwelling units as permitted uses within the Entertainment Overlay District. 16. CONSIDERATION of RESOLUTION 2017-09, adopting the Town of Fountain Hills Financial Policies, Amended and Restated April 6, 2017. 17. 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) z:\council packets\2017\r170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 4 of 5 18. 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. 19. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 20. ADJOURNMENT. DATED this 29th 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\rl70406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 5 of 5 �t oINS �n . -��QwJ i. Zell! Q-r,1141t REVISED: 4/4/17 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Henry Leger FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 5:30 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, APRIL 6, 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 durin 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\x170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 1 of 5 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 (Specifically, regarding a code enforcement matter). 2. ADJOURNMENT. REGULAR 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) ROTATION OF THE VICE MAYOR position to Councilmember Alan Magazine: Pursuant to Section 2-2-2 of the Fountain Hills Town Code, that each member of the Council, except the Mayor, shall serve an eight-month term as Vice Mayor and shall perform the duties of the Mayor during his absence or disability. ii) The Mayor will read a PROCLAMATION declaring Fountain Hills as a Purple Heart Town. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) Recognition of Coach Matt Keating and the Fountain Hills High School 3A Boys State Basketball Champions. iii) Recognition of the 2017 Fountain Hills Coalition Essay Contest Winners: Noah Ohnsorg (1 st Place), Mikayla Anderson (2nd Place), and Laura Anderson (3rd Place). 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\2017\x170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 2 of 5 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 27, 2017; March 2 and 7, 2017. 2. CONSIDERATION of RESOLUTION 2017-10, granting a Power Distribution Easement to Salt River Project Agricultural and Power District on the Town Hall property, and authorizing its signature by staff. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Christine Colley, representing the Fountain Events Inc., for the purpose of the annual Oktoberfest fund raiser event, to be held at 12925 N. Saguaro Boulevard, scheduled to be held on Friday, September 29, 2017, and Saturday, September 30, 2017, from 5:00 PM to 11:00 PM. 4. CONSIDERATION of AMENDING the Fountain Hills Theater (Patricia Torrilhon) Special Event Liquor License application previously approved by the Town Council on December 15, 2016, for the promotion a fundraiser event to be held at 11445 N. Saguaro Boulevard, Fountain Hills, AZ, by changing the time of the fundraiser to 10 AM to 11 PM, Sunday, April 30, 2017, and authorizing the Town Manager to send a letter to the Arizona Department of Liquor confirming the time change. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Women in Partnership (Sharon Morgan), for the Fountain Hills Chamber Gala event, to be held in the Grand Ballroom and lobby of the Fountain Hills Community Center, 13001 N. La Montana Drive, Fountain Hills, AZ, from 5:OOPM to 10:00 PM on Friday, May 5, 2017. 6. CONSIDERATION of applying for PROP 202 GRANT FUNDING from (i) the Fort McDowell Yavapai Nation, in the amount of $10,000, (ii) the Salt River Pima Indian Community, in the amount of $45,000.00, and (iii) PROP 302 GRANT FUNDING from the Arizona Office of Tourism (AOT), in the amount of $40,000.00, for the Tourism Fund (TOURAD), which is to be used for additional tourism marketing. 7. CONSIDERATION of approving a CONTRACT with the Law Office of Mark Iacovino, in the amount of $105,000, to provide Town Prosecutor services on behalf of the Town of Fountain Hills. 8. CONSIDERATION of approving the first amendment to a Professional Services Agreement (#C2017-007) with J2 Engineering, in the amount of $18,433, for the purpose of creating addendum documents for the initial phase of the Adero Canyon Trailhead Project for interim utilities and authorizing the Town Manager to sign the agreement.. z:\council packets\2017\x170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 3 of 5 REGULAR AGENDA 9. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the DARK SKY DESIGNATION APPLICATION. 10. PUBLIC HEARING pursuant to Zoning Ordinance Section 12.03.F to receive comments on a proposed SPECIAL USE PERMIT to allow a single family residential dwelling at 16810 E. El Pueblo Boulevard, located in the "C -C; Common Commercial Zoning District". 11. CONSIDERATION of a SPECIAL USE PERMIT to allow a single family residential dwelling at 16810 E. El Pueblo Boulevard, located in the "C -C; Common Commercial Zoning District". 12. PUBLIC HEARING pursuant to Zoning Ordinance Section 12.05.J and 12.05.K, to receive comments on a proposed SPECIAL USE PERMIT to allow light assembly and storage, and to conduct new and used automobile sales and display by S -NAP Golf Cars LLC at 11605 N. Saguaro Boulevard, located in the "C-2 — Intermediate Commercial" zoning district. 13. CONSIDERATION of a SPECIAL USE PERMIT to allow light assembly and storage, and to conduct new and used automobile sales and display by S -NAP Golf Cars LLC at 11605 N. Saguaro Boulevard, located in the "C-2 — Intermediate Commercial" zoning district. 14. PUBLIC HEARING on ORDINANCE 17-03, amending the Fountain Hills Zoning Ordinance, Chapter 25, by adding a new Section 25.03, related to allowing residential dwelling units as permitted uses within the Entertainment Overlay District. 15. CONSIDERATION of ORDINANCE 17-03, amending the Fountain Hills Zoning Ordinance, Chapter 25, by adding a new Section 25.03, related to allowing residential dwelling units as permitted uses within the Entertainment Overlay District. 16. CONSIDERATION of RESOLUTION 2017-09, adopting the Town of Fountain Hills Financial Policies, Amended and Restated April 6, 2017. 17. 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) z:\council packets\2017\x170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 4 of 5 18. COUNCIL DISC USSION/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. 19. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 20. ADJOURNMENT. DATED this 29th 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\r170406\170406a-revised.docx Last Printed: 4/4/2017 1:12 PM Page 5 of 5