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NOTICE OF THE
SPECIAL AND REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. – SPECIAL SESSION
6:30 P.M. – REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 1, 2012
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 actio n 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 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 Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Vice Mayor Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
Last printed 10/24/2012 4:59 PM Page 2 of 3
SPECIAL SESSION
CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh
1. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the AVENUE OF
THE FOUNTAINS MEDIAN IMPROVEMENT PROJECT.
2. ADJOURNMENT.
REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Mr. Fred Widom, Temple Beth Hagivot
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor will read a PROCLAMATION declaring November 2012, McDowell
Mountain Month.
ii.) The Mayor will review recent events attended relating to economic development.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) PRESENTATION of the Town’s Comprehensive Annual Financial Report for the
fiscal year ending June 30, 2012 by Dennis Osuch, CPA, Partner with Clifton
Larson Allen LLP.
ii.) PRESENTATION by Dennis Smith, Executive Director of Maricopa Association of
Governments (MAG).
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
October 9 and 18, 2012.
2. CONSIDERATION for approval of RESOLUTION 2012-30, abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easements located at
the northerly and westerly property line of Plat 505-D, Block 2, Lot 9 (16851 N. Sourdough
Place) as recorded in Book 158 of Maps, Page 41, Records of Maricopa County, Arizona.
EA12-07 (Taylor)
Last printed 10/24/2012 4:59 PM Page 3 of 3
3. CONSIDERATION of approving an expenditure with Tyler Technologies, Inc. in the
amount of $52,827.48, for the twelve month period September 25, 2012, through September
24, 201,3 for annual maintenance and support of the Town’s municipal enterprise financial
software.
REGULAR AGENDA ITEMS
4. CONSIDERATION of RESOLUTION 2012-20, declaring as public records the Zoning
Ordinance, Chapter 1, “Definitions,” and Chapter 6, “Sign Regulations”.
5. PUBLIC HEARING to receive comments on ORDINANCE 12-07, a text amendment to
Chapter 1, “Definitions,” and Chapter 6, “Sign Regulations,” of the Zoning Ordinance of the
Town of Fountain Hills. If adopted, the amendments revise large portions of the Town’s
regulations regarding commercial signage. Case# Z2012-01
6. CONSIDERATION of ORDINANCE 12-07, a text amendment to Chapter 1, “Definitions,”
and Chapter 6, “Sign Regulations,” of the Zoning Ordinance of the Town of Fountain Hills.
If adopted, the amendments revise large portions of the Town’s regulations regarding
commercial signage. Case# Z2012-01
7. PUBLIC HEARING relating to ORDINANCE 12-05, an amendment to the Zoning
Ordinance to amend Chapters 12, 16, and 18. If adopted, the amendments would revise their
permitted use sections to allow all restaurants to have outdoor seating areas in commercial or
lodging zoning districts. The amendment would also eliminate the requirement that outdoor
seating areas be fenced if no alcohol is served and there are no public safety issues. Case
Number Z2012-04
8. CONSIDERATION of ORDINANCE 12-05, an amendment to the Zoning Ordinance to
amend Chapters 12, 16, and 18. If adopted, the amendments would revise their permitted use
sections to allow all restaurants to have outdoor seating areas in commercial or lodging
zoning districts. The amendment would also eliminate the requirement that outdoor seating
areas be fenced if no alcohol is served and there are no public safety issues. Case Number
Z2012-04
9. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
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.
10. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
11. ADJOURNMENT.
DATED this 25th day of October, 2012.
_____________________________________
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 th is 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.
NOTICE OF THE
SPECIAL AND REGULAR SESSIONS OF
THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 5:00 P.M. – SPECIAL SESSION
6:30 P.M. – REGULAR SESSION
WHEN: THURSDAY, NOVEMBER 1, 2012
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 actio n 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 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 Linda M. Kavanagh
Councilmember Dennis Brown Councilmember Cassie Hansen
Councilmember Ginny Dickey Vice Mayor Henry Leger
Councilmember Tait D. Elkie Councilmember Cecil A. Yates
Last printed 10/24/2012 4:59 PM Page 2 of 3
SPECIAL SESSION
CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh
1. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the AVENUE OF
THE FOUNTAINS MEDIAN IMPROVEMENT PROJECT.
2. ADJOURNMENT.
REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – Mr. Fred Widom, Temple Beth Hagivot
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i.) The Mayor will read a PROCLAMATION declaring November 2012, McDowell
Mountain Month.
ii.) The Mayor will review recent events attended relating to economic development.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i.) PRESENTATION of the Town’s Comprehensive Annual Financial Report for the
fiscal year ending June 30, 2012 by Dennis Osuch, CPA, Partner with Clifton
Larson Allen LLP.
ii.) PRESENTATION by Dennis Smith, Executive Director of Maricopa Association of
Governments (MAG).
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
October 9 and 18, 2012.
2. CONSIDERATION for approval of RESOLUTION 2012-30, abandoning whatever right,
title, or interest the Town has in the certain public utility and drainage easements located at
the northerly and westerly property line of Plat 505-D, Block 2, Lot 9 (16851 N. Sourdough
Place) as recorded in Book 158 of Maps, Page 41, Records of Maricopa County, Arizona.
EA12-07 (Taylor)
Last printed 10/24/2012 4:59 PM Page 3 of 3
3. CONSIDERATION of approving an expenditure with Tyler Technologies, Inc. in the
amount of $52,827.48, for the twelve month period September 25, 2012, through September
24, 201,3 for annual maintenance and support of the Town’s municipal enterprise financial
software.
REGULAR AGENDA ITEMS
4. CONSIDERATION of RESOLUTION 2012-20, declaring as public records the Zoning
Ordinance, Chapter 1, “Definitions,” and Chapter 6, “Sign Regulations”.
5. PUBLIC HEARING to receive comments on ORDINANCE 12-07, a text amendment to
Chapter 1, “Definitions,” and Chapter 6, “Sign Regulations,” of the Zoning Ordinance of the
Town of Fountain Hills. If adopted, the amendments revise large portions of the Town’s
regulations regarding commercial signage. Case# Z2012-01
6. CONSIDERATION of ORDINANCE 12-07, a text amendment to Chapter 1, “Definitions,”
and Chapter 6, “Sign Regulations,” of the Zoning Ordinance of the Town of Fountain Hills.
If adopted, the amendments revise large portions of the Town’s regulations regarding
commercial signage. Case# Z2012-01
7. PUBLIC HEARING relating to ORDINANCE 12-05, an amendment to the Zoning
Ordinance to amend Chapters 12, 16, and 18. If adopted, the amendments would revise their
permitted use sections to allow all restaurants to have outdoor seating areas in commercial or
lodging zoning districts. The amendment would also eliminate the requirement that outdoor
seating areas be fenced if no alcohol is served and there are no public safety issues. Case
Number Z2012-04
8. CONSIDERATION of ORDINANCE 12-05, an amendment to the Zoning Ordinance to
amend Chapters 12, 16, and 18. If adopted, the amendments would revise their permitted use
sections to allow all restaurants to have outdoor seating areas in commercial or lodging
zoning districts. The amendment would also eliminate the requirement that outdoor seating
areas be fenced if no alcohol is served and there are no public safety issues. Case Number
Z2012-04
9. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan.
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.
10. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town
Manager Ken Buchanan.
11. ADJOURNMENT.
DATED this 25th day of October, 2012.
_____________________________________
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 th is 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.