HomeMy WebLinkAbout180220AAIN�l
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is AND REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Vice Mayor Dennis Brown
Councilmember Nick DePorter
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
TIME: 4:30 P.M. — MEETING AND POSSIBLE EXECUTIVE SESSION [Executive
Session will be held in the Fountain Conference Room - 2nd floor/
5:30 P.M. — REGULAR SESSION
WHEN: TUESDAY, FEBRUARY 20, 2018
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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NOTICE OF MEETING AND POSSIBLE EXECUTIVE SESSION
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Fountain Hills Town
Council and to the general public that the Town Council will hold a meeting open to the public on
February 20, 2018, beginning at 4:30 PM, for the purpose of deciding whether to go into Executive
Session. If authorized by a majority vote of the Council, the Executive Session will be held
immediately after the vote and will not be open to the public.
CALL TO ORDER — Mayor Linda M. Kavanagh
ROLL CALL — Mayor Linda M. Kavanagh
VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (i) A.R.S. § 38-431.03(A)(3),
discussion or consultation for legal advice with the attorney or attorneys of the public body;
and, (ii) 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 discussion conducted in order to avoid or resolve litigation
[Specifically relating to the wireless facilities in Town rights-of-way].
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Deacon Dick Smith, Church of the Ascension
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating
to Economic Development.
ii) Update by Economic Development Director Scott Cooper relating to recent
economic development projects.
iii) Recognition of Commissioners Sherman Abrahamson and Lynne Mott for their
service on the Community Services Advisory Commission.
iv) Presentation of the 2017 My Republic Rewards Community Grant Award by
Republic Services General Manager Tricia Ponce de Leon.
V) Recognition of the Town of Fountain Hills designation as a Dark Sky Community
by the International Dark Sky Association.
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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.
Consent Agenda
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 a FAWFESTIVAL LIQUOR LICENSE
APPLICATION for Elgin Distillery (Ellam Garrison) to be located along the Avenue of the
Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to
5:00 PM daily, from Friday, March 23 through Sunday, March 25, 2018.
2. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE
APPLICATION for Village of Elgin Winery (Ellam Garrison) to be located along the
Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from
10:00 AM to 5:00 PM daily, from Friday, March 23 through Sunday, March 25, 2018.
3. CONSIDERATION of RESOLUTION 2018-16, abandonment of the Public Utility and
Drainage Easement on Plat 107, Block 14, Lot 11 (14817 N. Calle del Prado), as recorded
in Book 141, Page 18, records of Maricopa County, Arizona. (EA 2018-01)
Regular Agenda
4. CONSIDERATION of RENAMING the Avenue of the Fountain Plazas to Morgan Park.
5. CONSIDERATION of RESOLUTION 2018-05, abandoning whatever right, title, or
interest the Town has in the certain Hillside Protection Easement located at the rear
property line of Diamante del Lago, Lot 75 (13604 N. Bonita Drive), as recorded in Book
516, Page 17, records of Maricopa Country, Arizona. (EA2017-08).
6. CONSIDERATION of a MEMORANDUM OF UNDERSTANDING between the Town
of Fountain Hills and the Fountain Hills Dark Sky Association outlining the duties and
responsibilities for maintaining the International Dark Sky Association Dark Sky
Community designation.
7. CONSIDERATION of RESOLUTION 2018-04, declaring as a public record that certain
document filed with the Town Clerk and entitled the "Fountain Hills Senior Living Planned
Area Development". (Case# Z2017-14)
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8. PUBLIC HEARING to receive comments on ORDINANCE 18-03 amending the Town of
Fountain Hills Official Zoning District Map for approximately 5.74 acres generally located
at the northwest corner of Saguaro Boulevard and Trevino Drive from Hemingway PAD to
Fountain Hills Senior Living PAD. (APN 176-10-811) (Case #Z2017-14)
9. CONSIDERATION of ORDINANCE 18-03 amending the Town of Fountain Hills
Official Zoning District Map for approximately 5.74 acres generally located at the
northwest corner of Saguaro Boulevard and Trevino Drive from Hemingway PAD to
Fountain Hills Senior Living PAD. (Case# Z2017-14)
10. CONSIDERATION of RESOLUTION 2018-03, declaring as a public record that certain
document filed with the Town Clerk and entitled "Small Wireless Facilities." (Case#
Z2017-11)
11. PUBLIC HEARING to receive comments on ORDINANCE 18-01, amending Town Code
Chapter 16 "Streets and Sidewalks" to include Article 16-2 containing provisions relating to
Small Wireless Facilities and the use of Public Rights of Way; and declaring and
emergency. (Case# Z2017-11)
12. CONSIDERATION of ORDINANCE 18-01, amending Town Code Chapter 16 "Streets
and Sidewalks" to include Article 16-2 containing provisions relating to Small Wireless
Facilities and the use of Public Rights of Way; and declaring and emergency. (Case#
Z2017-11)
13. CONSIDERATION of RESOLUTION 2018-18, adopting the Wireless Facility License
Agreement and the Wireless Facilities Standard Terms and Conditions for Locating
Wireless Facilities within Town Rights of Way, the 2018 Town of Fountain Hills Wireless
Facilities in the Right -of -Way Design Standards and Guidelines, and amending the Town
Comprehensive Fee Schedule; and declaring and emergency. (Case# Z2017-11)
14. 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.
15. 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.
16. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
i.) None.
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17. ADJOURNMENT.
DATED this 12th day of February, 2018.
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.
z:\council packets\2018\r180220\180220a.docx Last Printed: 2/12/2018 8:46 AM Page 5 of 5
AIN�l
o NOTICE OF MEETINGS
r MW MW • MEETING AND POSSIBLE EXECUTIVE SESSION
9y"nar-�� "oo�
is AND REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Linda M. Kavanagh
Vice Mayor Dennis Brown
Councilmember Nick DePorter
Councilmember Henry Leger
Councilmember Alan Magazine
Councilmember Art Tolis
Councilmember Cecil A. Yates
TIME: 4:30 P.M. — MEETING AND POSSIBLE EXECUTIVE SESSION [Executive
Session will be held in the Fountain Conference Room - 2nd floor/
5:30 P.M. — REGULAR SESSION
WHEN: TUESDAY, FEBRUARY 20, 2018
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\2018\r180220\180220a.docx Last Printed: 2/12/2018 8:46 AM Page 1 of 5
NOTICE OF MEETING AND POSSIBLE EXECUTIVE SESSION
Pursuant to A.R.S. § 38-431.02, notice is hereby given to the members of the Fountain Hills Town
Council and to the general public that the Town Council will hold a meeting open to the public on
February 20, 2018, beginning at 4:30 PM, for the purpose of deciding whether to go into Executive
Session. If authorized by a majority vote of the Council, the Executive Session will be held
immediately after the vote and will not be open to the public.
CALL TO ORDER — Mayor Linda M. Kavanagh
ROLL CALL — Mayor Linda M. Kavanagh
VOTE TO GO INTO EXECUTIVE SESSION: Pursuant to: (i) A.R.S. § 38-431.03(A)(3),
discussion or consultation for legal advice with the attorney or attorneys of the public body;
and, (ii) 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 discussion conducted in order to avoid or resolve litigation
[Specifically relating to the wireless facilities in Town rights-of-way].
2. ADJOURNMENT.
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
INVOCATION — Deacon Dick Smith, Church of the Ascension
ROLL CALL — Mayor Linda M. Kavanagh
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating
to Economic Development.
ii) Update by Economic Development Director Scott Cooper relating to recent
economic development projects.
iii) Recognition of Commissioners Sherman Abrahamson and Lynne Mott for their
service on the Community Services Advisory Commission.
iv) Presentation of the 2017 My Republic Rewards Community Grant Award by
Republic Services General Manager Tricia Ponce de Leon.
V) Recognition of the Town of Fountain Hills designation as a Dark Sky Community
by the International Dark Sky Association.
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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.
Consent Agenda
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 a FAWFESTIVAL LIQUOR LICENSE
APPLICATION for Elgin Distillery (Ellam Garrison) to be located along the Avenue of the
Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from 10:00 AM to
5:00 PM daily, from Friday, March 23 through Sunday, March 25, 2018.
2. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE
APPLICATION for Village of Elgin Winery (Ellam Garrison) to be located along the
Avenue of the Fountains, in conjunction with the Fountain Hills Art and Wine Affaire, from
10:00 AM to 5:00 PM daily, from Friday, March 23 through Sunday, March 25, 2018.
3. CONSIDERATION of RESOLUTION 2018-16, abandonment of the Public Utility and
Drainage Easement on Plat 107, Block 14, Lot 11 (14817 N. Calle del Prado), as recorded
in Book 141, Page 18, records of Maricopa County, Arizona. (EA 2018-01)
Regular Agenda
4. CONSIDERATION of RENAMING the Avenue of the Fountain Plazas to Morgan Park.
5. CONSIDERATION of RESOLUTION 2018-05, abandoning whatever right, title, or
interest the Town has in the certain Hillside Protection Easement located at the rear
property line of Diamante del Lago, Lot 75 (13604 N. Bonita Drive), as recorded in Book
516, Page 17, records of Maricopa Country, Arizona. (EA2017-08).
6. CONSIDERATION of a MEMORANDUM OF UNDERSTANDING between the Town
of Fountain Hills and the Fountain Hills Dark Sky Association outlining the duties and
responsibilities for maintaining the International Dark Sky Association Dark Sky
Community designation.
7. CONSIDERATION of RESOLUTION 2018-04, declaring as a public record that certain
document filed with the Town Clerk and entitled the "Fountain Hills Senior Living Planned
Area Development". (Case# Z2017-14)
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8. PUBLIC HEARING to receive comments on ORDINANCE 18-03 amending the Town of
Fountain Hills Official Zoning District Map for approximately 5.74 acres generally located
at the northwest corner of Saguaro Boulevard and Trevino Drive from Hemingway PAD to
Fountain Hills Senior Living PAD. (APN 176-10-811) (Case #Z2017-14)
9. CONSIDERATION of ORDINANCE 18-03 amending the Town of Fountain Hills
Official Zoning District Map for approximately 5.74 acres generally located at the
northwest corner of Saguaro Boulevard and Trevino Drive from Hemingway PAD to
Fountain Hills Senior Living PAD. (Case# Z2017-14)
10. CONSIDERATION of RESOLUTION 2018-03, declaring as a public record that certain
document filed with the Town Clerk and entitled "Small Wireless Facilities." (Case#
Z2017-11)
11. PUBLIC HEARING to receive comments on ORDINANCE 18-01, amending Town Code
Chapter 16 "Streets and Sidewalks" to include Article 16-2 containing provisions relating to
Small Wireless Facilities and the use of Public Rights of Way; and declaring and
emergency. (Case# Z2017-11)
12. CONSIDERATION of ORDINANCE 18-01, amending Town Code Chapter 16 "Streets
and Sidewalks" to include Article 16-2 containing provisions relating to Small Wireless
Facilities and the use of Public Rights of Way; and declaring and emergency. (Case#
Z2017-11)
13. CONSIDERATION of RESOLUTION 2018-18, adopting the Wireless Facility License
Agreement and the Wireless Facilities Standard Terms and Conditions for Locating
Wireless Facilities within Town Rights of Way, the 2018 Town of Fountain Hills Wireless
Facilities in the Right -of -Way Design Standards and Guidelines, and amending the Town
Comprehensive Fee Schedule; and declaring and emergency. (Case# Z2017-11)
14. 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.
15. 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.
16. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by
the Mayor, Individual Councilmembers, and the Town Manager.
i.) None.
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17. ADJOURNMENT.
DATED this 12th day of February, 2018.
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.
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