HomeMy WebLinkAbout130307AREVISED: 3/5/13
NOTICE OF THE
REGULAR AND EXECUTIVE SESSIONS
OF THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. – REGULAR SESSION
EXECUTIVE SESSION - Convenes in the Fountain Conference Room - 2nd
floor immediately following the Regular Session Adjournment
WHEN: THURSDAY, MARCH 7, 2013
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 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 Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Last printed 3/5/2013 8:29 AM Page 2 of 4
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – North Chapel Community Bible Church, Director of Men's Ministry,
Norris Heckel
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
ii) The Mayor will read a proclamation regarding the 10th Anniversary of the L. Alan
Cruikshank River of Time Museum.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Presentation by the Fountain Hills Chamber of Commerce/Tourism Bureau with a
report on FY12-13 funding.
ii) Presentation by the Fountain Hills Theater with a report on FY12-13 funding.
iii) Presentation by the JumpStartBiz with a report on FY12-13 funding.
iv) Presentation by the Boys and Girls Clubs of Greater Scottsdale with a report on
FY12-13 funding.
v) Presentation by the Extended Hands Food Bank with a report on FY12-13 funding.
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 – 11)
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, they may request so prior to the motion to accept the Consent Agenda. The item will be
removed from the Consent Agenda and considered its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
February 12 and 21, 2013.
Last printed 3/5/2013 8:29 AM Page 3 of 4
2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Valerie Ann Stasik, representing the Fountain Hills Theater, Inc., for the
purpose of a fund raiser to be held at 13001 N La Montana Dr., on Sunday, March 24, 2013,
from 5:00 PM to 11:00 PM.
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Robert D. Schmitz representing the American Legion Post 58 located at 16837
E. Parkview, Fountain Hills, AZ for the purpose of a fund raiser. Event to be held at 16837 E.
Parkview, scheduled to be held on Saturday, March 23, 2013 from 9:00 AM to 10:00 PM.
4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Robert D. Schmitz representing the American Legion Post 58 located at 16837
E. Parkview, Fountain Hills, AZ for the purpose of a fund raiser. Event to be held at 16837 E.
Parkview, scheduled to be held on Sunday, March 17, 2013 from 9:00 AM to 12:00 PM.
5. CONSIDERATION of approving a WINE FESTIVAL LICENSE/WINE FAIR LICENSE
APPLICATION submitted by Dubrouka Georgia Wahl, representing the Oak Creek
Vineyards & Winery, for participation in the Thunderbird Artist’s Annual Fountain Hills Fine
Art and Wine Affaire, to be held at 16810 E. Avenue of the Fountains, which is scheduled for
Friday and Saturday, March 15 and 16, 2013, from 10:00 AM to 6:00 PM and Sunday, March
17, 2013, from 10:00 AM to 5:00 PM.
6. CONSIDERATION of approving a WINE FESTIVAL LICENSE/WINE FAIR LICENSE
APPLICATION submitted by Karen Anne Zemper, representing Zemper Reserve LLC d ba
Studio Vino, for participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and
Wine Affaire to be held at 16810 E. Avenue of the Fountains, which is scheduled for Friday,
Saturday and Sunday, March 15, 16, and 17, 2013, from 10:00 AM to 6:00 PM.
7. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional
Services Agreement, as directed in the Pavement Management Resolution 2013-02, between
Cactus Asphalt and the Town of Fountain Hills to piggyback on the ADOT Contract for
Crack Sealing in an amount not to exceed $125,000.00.
8. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional
Services Agreement, as directed in the Pavement Management Resolution 2013-02, between
Nesbitt Contracting Co., Inc. and the Town of Fountain Hills to piggyback on the City of
Scottsdale Contract for Asphalt Replacement and Miscellaneous Work in an amount not to
exceed $155,000.00.
9. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional
Services Agreement, as directed in the Pavement Management Resolution 2013-02, between
Southwest Slurry Seal, Inc. and the Town of Fountain Hills to piggyback on the City of
Scottsdale Contract for Slurry Seal in an amount not to exceed $570,000.00.
10. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional
Services Agreement, as directed in the Pavement Management Resolution 2013-02, between
Pavement Marking, Inc. and the Town of Fountain Hills to piggyback on the Yuma County
Contract for Pavement Markings in an amount not to exceed $17,750.00.
11. CONSIDERATION of RESOLUTION 2013-12, an intergovernmental agreement with
Maricopa County for regional emergency operations management and disaster services.
Last printed 3/5/2013 8:29 AM Page 4 of 4
REGULAR AGENDA ITEMS
12. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding the TOWN
PROSECUTOR position.
13. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow
AT&T Wireless Communications to raise the existing church tower height from 36’ to 51’ in
order to install communications antennas within the tower structure. The property is zoned R-
4. ( Case #SU 2012-01)
14. CONSIDERATION of a SPECIAL USE PERMIT to allow AT&T Wireless
Communications to raise the existing church tower height from 36’ to 51’ in order to install
communications antennas within the tower structure. The property is zoned R-4. ( Case #SU
2012-01)
15. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF to INITIATE A
ZONING ORDINANCE AMENDMENT permitting a movie theater as a permitted use
within the C1 zoning district. This item was added at the request of Vice Mayor Elkie, and
Councilmembers Brown and Yates.
16. 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.
17. 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.
18. SUMMARY of Council requests and REPORT ON RECENT ACTIV ITIES by the Town
Manager Ken Buchanan.
19. ADJOURNMENT.
EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION:
Pursuant to (i) A.R.S. §38-431.03(A)(1), discussion or consideration of employment,
assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation
of a public officer, appointee or employee of any public body, except that, with the exception
of salary discussions, an officer, appointee or employee may demand that the discussion or
consideration occur at a public meeting (Specifically, the Town Manager’s evaluation).
2. ADJOURNMENT
DATED this 28th day of February, 2013.
_____________________________________
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: 3/5/13
NOTICE OF THE
REGULAR AND EXECUTIVE SESSIONS
OF THE FOUNTAIN HILLS TOWN COUNCIL
TIME: 6:30 P.M. – REGULAR SESSION
EXECUTIVE SESSION - Convenes in the Fountain Conference Room - 2nd
floor immediately following the Regular Session Adjournment
WHEN: THURSDAY, MARCH 7, 2013
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 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 Councilmember Henry Leger
Vice Mayor Tait D. Elkie Councilmember Cecil A. Yates
Last printed 3/5/2013 8:29 AM Page 2 of 4
REGULAR SESSION AGENDA
CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh
INVOCATION – North Chapel Community Bible Church, Director of Men's Ministry,
Norris Heckel
ROLL CALL – Mayor Linda M. Kavanagh
MAYOR’S REPORT
i) The Mayor may review recent events attended relating to economic development.
ii) The Mayor will read a proclamation regarding the 10th Anniversary of the L. Alan
Cruikshank River of Time Museum.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) Presentation by the Fountain Hills Chamber of Commerce/Tourism Bureau with a
report on FY12-13 funding.
ii) Presentation by the Fountain Hills Theater with a report on FY12-13 funding.
iii) Presentation by the JumpStartBiz with a report on FY12-13 funding.
iv) Presentation by the Boys and Girls Clubs of Greater Scottsdale with a report on
FY12-13 funding.
v) Presentation by the Extended Hands Food Bank with a report on FY12-13 funding.
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 – 11)
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, they may request so prior to the motion to accept the Consent Agenda. The item will be
removed from the Consent Agenda and considered its normal sequence on the Agenda.
1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from
February 12 and 21, 2013.
Last printed 3/5/2013 8:29 AM Page 3 of 4
2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Valerie Ann Stasik, representing the Fountain Hills Theater, Inc., for the
purpose of a fund raiser to be held at 13001 N La Montana Dr., on Sunday, March 24, 2013,
from 5:00 PM to 11:00 PM.
3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Robert D. Schmitz representing the American Legion Post 58 located at 16837
E. Parkview, Fountain Hills, AZ for the purpose of a fund raiser. Event to be held at 16837 E.
Parkview, scheduled to be held on Saturday, March 23, 2013 from 9:00 AM to 10:00 PM.
4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION
submitted by Robert D. Schmitz representing the American Legion Post 58 located at 16837
E. Parkview, Fountain Hills, AZ for the purpose of a fund raiser. Event to be held at 16837 E.
Parkview, scheduled to be held on Sunday, March 17, 2013 from 9:00 AM to 12:00 PM.
5. CONSIDERATION of approving a WINE FESTIVAL LICENSE/WINE FAIR LICENSE
APPLICATION submitted by Dubrouka Georgia Wahl, representing the Oak Creek
Vineyards & Winery, for participation in the Thunderbird Artist’s Annual Fountain Hills Fine
Art and Wine Affaire, to be held at 16810 E. Avenue of the Fountains, which is scheduled for
Friday and Saturday, March 15 and 16, 2013, from 10:00 AM to 6:00 PM and Sunday, March
17, 2013, from 10:00 AM to 5:00 PM.
6. CONSIDERATION of approving a WINE FESTIVAL LICENSE/WINE FAIR LICENSE
APPLICATION submitted by Karen Anne Zemper, representing Zemper Reserve LLC d ba
Studio Vino, for participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and
Wine Affaire to be held at 16810 E. Avenue of the Fountains, which is scheduled for Friday,
Saturday and Sunday, March 15, 16, and 17, 2013, from 10:00 AM to 6:00 PM.
7. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional
Services Agreement, as directed in the Pavement Management Resolution 2013-02, between
Cactus Asphalt and the Town of Fountain Hills to piggyback on the ADOT Contract for
Crack Sealing in an amount not to exceed $125,000.00.
8. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional
Services Agreement, as directed in the Pavement Management Resolution 2013-02, between
Nesbitt Contracting Co., Inc. and the Town of Fountain Hills to piggyback on the City of
Scottsdale Contract for Asphalt Replacement and Miscellaneous Work in an amount not to
exceed $155,000.00.
9. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional
Services Agreement, as directed in the Pavement Management Resolution 2013-02, between
Southwest Slurry Seal, Inc. and the Town of Fountain Hills to piggyback on the City of
Scottsdale Contract for Slurry Seal in an amount not to exceed $570,000.00.
10. CONSIDERATION of AUTHORIZING the Town Manager to enter into a Professional
Services Agreement, as directed in the Pavement Management Resolution 2013-02, between
Pavement Marking, Inc. and the Town of Fountain Hills to piggyback on the Yuma County
Contract for Pavement Markings in an amount not to exceed $17,750.00.
11. CONSIDERATION of RESOLUTION 2013-12, an intergovernmental agreement with
Maricopa County for regional emergency operations management and disaster services.
Last printed 3/5/2013 8:29 AM Page 4 of 4
REGULAR AGENDA ITEMS
12. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF regarding the TOWN
PROSECUTOR position.
13. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow
AT&T Wireless Communications to raise the existing church tower height from 36’ to 51’ in
order to install communications antennas within the tower structure. The property is zoned R-
4. ( Case #SU 2012-01)
14. CONSIDERATION of a SPECIAL USE PERMIT to allow AT&T Wireless
Communications to raise the existing church tower height from 36’ to 51’ in order to install
communications antennas within the tower structure. The property is zoned R-4. ( Case #SU
2012-01)
15. CONSIDERATION WITH POSSIBLE DIRECTION TO STAFF to INITIATE A
ZONING ORDINANCE AMENDMENT permitting a movie theater as a permitted use
within the C1 zoning district. This item was added at the request of Vice Mayor Elkie, and
Councilmembers Brown and Yates.
16. 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.
17. 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.
18. SUMMARY of Council requests and REPORT ON RECENT ACTIV ITIES by the Town
Manager Ken Buchanan.
19. ADJOURNMENT.
EXECUTIVE SESSION AGENDA
CALL TO ORDER – Mayor Linda M. Kavanagh
1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION:
Pursuant to (i) A.R.S. §38-431.03(A)(1), discussion or consideration of employment,
assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation
of a public officer, appointee or employee of any public body, except that, with the exception
of salary discussions, an officer, appointee or employee may demand that the discussion or
consideration occur at a public meeting (Specifically, the Town Manager’s evaluation).
2. ADJOURNMENT
DATED this 28th day of February, 2013.
_____________________________________
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.