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2015.0604.TCRSEM.Minutesz:\council packets\2015\r150618\150604m.docx Page 1 of 15 TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE, REGULAR AND SPECIAL SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 4, 2015 EXECUTIVE SESSION * CALL TO ORDER Mayor Kavanagh called the meeting to order at 5:30 p.m. in the Fountain Conference Room - 2nd Floor. AGENDA ITEM 1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO 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 DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION (SPECIFICALLY, REGARDING A POTENTIAL INTERGOVERNMENTAL AGREEMENT). Present for roll call were the following members of the Town Council: Mayor Linda M. Kavanagh, Vice Mayor Dennis Brown; Councilmember Nick DePorter**, Councilmember Cecil Yates, Councilmember Cassie Hansen, Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire, Town Clerk Bevelyn Bender, Grady Miller and Director of Community Services Mark Mayer were also present. ** Councilmember DePorter participated in the entire meeting through the use of teleconferencing equipment. Vice Mayor Brown MOVED to convene the Executive Session at 5:30 p.m. and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM 2 - ADJOURNMENT The Executive Session adjourned without objection at 5:43 p.m. REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers * INVOCATION – Deacon/Rev. John LesCallett from Angelican Church of the Atonement * ROLL CALL Present for roll call were the following members of the Town Council: Mayor Linda M. Kavanagh, Vice Mayor Dennis Brown; Councilmember Nick DePorter**, Councilmember Cecil Yates, Councilmember Cassie Hansen, Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire, Town Clerk Bevelyn Bender, Grady Miller and Director of Community Services Mark Mayer were also present. ** Councilmember DePorter participated in the entire meeting through the use of teleconferencing equipment. z:\council packets\2015\r150618\150604m.docx Page 2 of 15 * MAYOR’S REPORT Mayor Kavanagh read a plaque that was to be presented to outgoing Town Manager Ken Buchanan for his service to the Town from March of 2012 until June of 2015 thanking him for his service to the Town of Fountain Hills. The Mayor stated that it has been a great honor and a privilege to have worked with him since she became Mayor of this beautiful Town and said that his knowledge and expertise from his 40 years of experiences have been invaluable to her, the rest of the Council and the staff. She noted that she has spent many hours sitting in Mr. Buchanan's office, where they wrestled with the important issues of the day, but always ending on a note of optimism -- that no matter what was thrown at them, they could handle it together. She advised that she doesn't think there ever has been a time when she didn't feel confident in his decisions and fortunate that he was managing their Town and added that his professionalism has always been beyond reproach. She commented that she is really going to miss all of his great stories about the history of Arizona that he lived through -- the railroads and the ranches and the farms and water rights and a lot more about cows than she ever wanted to know. She said that she knows his decision to retire is bittersweet and how close he has become to the staff and the Council and that after 40 years he will miss the job .... a little. She added that the sweet part is that he will have lots of time for his family and beautiful grandchildren and time to do all of the things he has always wanted to do but never took a vacation to do them. She announced that on behalf of the Council and staff she wanted to wish him a wonderful retirement and stated that they will miss him more than he knows. She further stated that she is so glad that he is making Fountain Hills his family's permanent home and even though they won't be colleagues anymore, they will always be friends. Mayor Kavanagh advised that instead of good - bye, she is just going to say "See you around." Vice Mayor Brown commented that it really has been a very good three and a half year run and he has enjoyed working with Mr. Buchanan and working through the various problems with him. He stated that the 40 plus years of history he brought to the Town was greatly appreciated and this evening he enjoyed hearing about Mr. Buchanan's travel plans to Salt Lake City through Santa Fe and wished him safe travels as he travels across America. Councilmember Yates echoed what an honor it has been to have worked with someone of his cal iber and experience and added that he enjoyed being a first-term Council person and having someone like Mr. Buchanan to rely on. He further stated that he wanted to thank him for teaching him how to pronounce Casa Grande because he was mispronouncing it all of these years. He advised that Mr. Buchanan is like the mafia -- there is not a municipality that he goes to where someone asks "Do you know Ken Buchanan?" He said that he looks forward to seeing him as a resident enjoying the good times. Councilmember DePorter stated that he loves Mr. Buchanan -- he is a fantastic guy and Town Manager and with this being his first run as a Councilmember, Mr. Buchanan has been a wealth of knowledge. He thanked him for all that he has done and added that he hopes they can stay in touch. Councilmember Magazine advised that they have had the pleasure of working with Mr. Buchanan for several years now and he would agree with what everyone else said and it has been a tremendous pleasure working with him. He added that he is a hard working, dedicated professional and added that what the Mayor stated about his never taking a vacation is true -- he has worked himself to the bone. He also thanked him for his support and his humanity -- he noted that Mr. Buchanan really cares about the citizens and the Town and is a wonderful guy. He stated that he hates to see him go but he understands why. Councilmember Leger commented that it has been a pleasure working with Mr. Buchanan and pointed out that their one-on-ones have always been interesting and their conversations have been awesome. He added that aside from thanking Mr. Buchanan for all he has done, he thinks they have to thank his other half because it takes two to tango in this particular business. He further stated that Mr. Buchanan has basically paralleled what he said during his initial interview -- what his focus would be and what he would do. He said that Mr. Buchanan is a humble man and never failed to give credit to the staff. He thanked him for all that he has done. Councilmember Hansen said that she would echo what everyone else has said and although a lot of people might think that he has only been with the Town for three years, one of the first things they talked about when he interviewed for the position was the fact that the Interim Town Manager, Tom McNulty, told her that they had been friends and colleagues for many years so she always felt that he had much longer ties with the Town beyond his tenure as Town z:\council packets\2015\r150618\150604m.docx Page 3 of 15 Manager. She further stated that to keep it really short she is going to go back to Wyatt Earp and his final words to Doc Holliday -- Ken, thanks for always being there. Mr. Buchanan thanked everyone for their comments this evening and said that he certainly wasn't expecting this -- all he wanted was a picture of Town Hall with everybody's signature on it. He commented on his long history with the Town and pointed out that he has watched Fountain Hills grow and finally there came a chance for he and his wife (Debra) to take a closer look at the Town and he feels fortunate to have gotten the job and appreciates it. He stated that they really like it here and are not going to go anywhere. He expressed his appreciation to the staff for all of their hard work and advised that though they are small in number they all do a remarkable job. He thanked Shaunna Williams and Bev Bender for watching out for him and said that he really appreciated that and commented on the daunting jobs that Paul Mood and Mark Mayer carry out on a daily basis with minimal staf f. He stated that behind every good man there is a good woman rolling her eyes and shaking her head and that would be his wife (Debra. He advised that they have known each other since kindergarten and have been married almost 40 years and said that she kept the home front going while he was always on the job. He advised that this is his last meeting and they are getting turned over into good hands with Grady Miller and he looks forward to reading about it in the papers and watching it on television. He thanked everyone for their support and reiterated his appreciation for their kind remarks this evening. Mr. Buchanan was given a standing ovation, was presented with the plaque and photographs were taken. Mayor Kavanagh thanked all of the staff for help putting this surprise together for Mr. Buchanan. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) THE MAYOR MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. Mayor Kavanagh advised that many residents stop her and ask about economic development in Town and so she asked Scott Cooper, the Town's Economic Development Specialist, to prepare for her a brief summary of some of the highlights of what has been happening and that summary is as follows: Business Attraction Projects * Currently there are four active leads/projects with the Town's economic development partners, GPEC and ACA (one is a financial company, one a R&D (Research & Development) facility and two are in professional services); * There are four active, internal leads: Project Avatar - Technology Engineering, Project Memory - Technology Manufacturing, Project Auto - New Dealership and Project Brew - Small start-up microbrewery; * Recent Projects include Mayo Clinic, the IT/Administration building is open and operating in their former clinic space, the facility has 40 plus employees with an economic impact of over $2 million in annual payroll, estimated annual revenues are over $75,000 to the Town and it is a $400,000 capital investment; SW Kidney Institute, building permits have been issued with plans to be operational by the end of the year, will create 6-9 new jobs and it is a $500,000 capital investment and Tractor Supply Company opened last month and created ten new jobs (5 full time and 5 part time). The Mayor stated that Mr. Cooper has done a lot since his last update and he will be giving the Council a more in - depth report on everything he has accomplished as far as economic development in the near future, this was just a brief overview to satisfy all of the people who always ask what is being done for economic growth in Fountain Hills. Councilmember Magazine said that he believes that Mr. Cooper is doing a fantastic job and pointed out that he is doing all of this by himself -- he works hard and he has been successful. Councilmember DePorter concurred with Councilmember Magazine's remarks and noted that he is also responsible for adding high-paying jobs and new residents to the Town. He commented that ASU has been helping with employment needs. z:\council packets\2015\r150618\150604m.docx Page 4 of 15 CALL TO THE PUBLIC Town Clerk Bev Bender advised that there were no requests to speak under this agenda item. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE CANCELLATION OF THE JULY 2, 7, AND 16, 2015 FOUNTAIN HILLS' TOWN COUNCIIL MEETINGS AND THE AUGUST 20, 2015 FOUNTAIN HILLS' TOWN COUNCIL MEETING DUE TO A SCHEDULE CONFLICT RELATING TO THE ARIZONA LEAGUE OF CITIES AND TOWNS ANNUAL CONFERENCE BEING HELD AUGUST 18 THROUGH AUGUST 21, 2015 IN TUCSON, ARIZONA. AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2015-25, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA RELATING TO THE SAFETY DATA MART. AGENDA ITEM #3 - CONSIDERATION OF APPROVING COOPERATIVE PURCHASE AGREEMENT C2015-154, WITH VINCON ENGINEERING CONSTRUCTION LLC, FOR THE ZONE 1 ADA SIDEWALK RAMP MODIFICATIONS PROJECT, IN THE AMOUNT OF $139,237.25. AGENDA ITEM #4 - CONSIDERATION OF APPROVING RESOLUTION 2015-18, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHERLY PROPERTY LINE OF PLAT 603B, BLOCK 1, LOT 21 (15645 E. THISTLE DRIVE) AS RECORDED IN BOOK 161 OF MAPS, PAGE 41, RECORDS OF MARICOPA CUNTY, ARIZONA. EA2015-04 (DAY) Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Magazine SECONDED the motion. A roll call vote was taken with the following results: Mayor Linda Kavanagh Aye Vice Mayor Dennis Brown Aye Councilmember Nick DePorter Aye Councilmember Cecil Yates Aye Councilmember Cassie Hansen Aye Councilmember Alan Magazine Aye Councilmember Henry Leger Aye The motion CARRIED UNANIMOUSLY (7-0). * RECESS THE REGULAR SESSION AND CONVENE THE SPECIAL SESSION - The Mayor recessed the Regular Session at 6:53 p.m. SPECIAL SESSION * CALL TO ORDER AND ROLL CALL Mayor Kavanagh convened the Special Session at 6:53 p.m. in the Town Hall Council Chambers. Present for roll call were the following members of the Town Council: Mayor Linda M. Kavanagh, Vice Mayor Dennis Brown; Councilmember Nick DePorter**, Councilmember Cecil Yates, Councilmember Cassie Hansen, Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire, Town Clerk Bevelyn Bender, newly appointed Town Manager Grady Miller and Director of Community Services Mark Mayer were also present. z:\council packets\2015\r150618\150604m.docx Page 5 of 15 ** Councilmember DePorter participated in the entire meeting through the use of teleconferencing equipment. AGENDA ITEM SPL #1 - PUBLIC HEARING REGARDING RESOLUTION 2015-13, ADOPTING THE TENTATIVE BUDGET AS THE FINAL BUDGET FOR THE TOWN OF FOUNTAIN HILLS FOR FISCAL YEAR BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2016. Mayor Kavanagh opened the public hearing at 6:53 p.m. Town Manager Ken Buchanan advised that they are here this evening to adopt the final budget for Fiscal Year 2015-16 and there will be a short presentation for the benefit of the public. He reported that the budget amount has changed slightly to $37,947,273, a slight decrease from the previous amount and briefly highlighted a PowerPoint presentation (Copy available on line and in the office of the Town Clerk). His presentation touched on the following topics: * Changes to the 2015-16 Tentative Budget * Minor Changes to the 2015-16 Final Budget * Previous Fiscal Year Budgets * Operational Priorities FY 2015-16 * Strategic Planning Goals 2015-16 * Capital Improvement Plan $14,261,200 * 2015-16 Pavement Maintenance Capital Expenditures * Personnel * 2015-16 Tentative Budget Town Council Changes * 2015-16 Final Budget Changes * 2015-16 Final Budget Mr. Buchanan advised that it is his recommendation that the Council approve the 2015-16 Final Budget, as revised, in the amount of $37,947,273. He indicated his willingness to respond to any questions from the Council. Councilmember Magazine referred to Zone 1 in the Pavement Management Program and said that it is his understanding that that will take three years. He added that there are 73 places where they have to replace pavement and some of that as he recalls was a surprise. He asked if they know how much more it will cost over the 30-year period to do that than what they had originally estimated. Mr. Buchanan responded that the best way to answer that is that they put this together almost three years ago and they have found additional sections of asphalt that they can't maintain (before they thought they could, but too much time has passed) and so the numbers have expanded. Mr. Mood addressed the Council and advised that when they put the plan together quite a few years ago, they were working off of the $1 million a year budget for slurry seal and they went out to Zone 1 and located all of the 70+ locations where they have to remove and replace 20 x 20 and 30 x 30 sections and it just keeps getting worse. He informed the Council that they have an item on the agenda later on in the meeting to do a bunch of sidewalk ramps that have to be brought up to ADA (Americans With Disabi lities) compliance so the plan for the next Fiscal Year is to go in during October when the school's fall break occurs and mill and overlay a number of areas. He noted that the City of Chandler did a mill and overlay contract with some very good pricing s o staff currently has that contractor coming out to give them pricing for the Town's roads. He reported that the amount will probably come in around the $1.5 million range so they are using the $1 million from Pavement Management Fund this year plus HURF (Highway User Revenue Fund) reserves to go in and do those roads. He added that next year they are going to have to go in an hit all of those little areas and anything they can't fit within the budget (ones that have gotten worse and need to be done) so yes, Zone 1 will be a minimum of three years and possibly four. He provided additional details and noted that staff re- analyzes the road situation every year. He agreed with a comment from Councilmember Magazine that if they go into a fourth year, there is a good chance that costs will increase because they are talking about an oil product and the cost of gas drives pavement costs. He added that what happens is that the roads get worse and worse and then they have more and more areas that they have to replace before they can put slurry seal down. He advised that it is approximately $2.50 a square yard to do slurry seal and there are over 700,000 square yards and to do mill and overlay a good number is approximately $10.00 a square yard (plus they have to go in and get all of the ramps up, make everything ADA compliant, replace any broken curbs, etc.). z:\council packets\2015\r150618\150604m.docx Page 6 of 15 Mr. Mood confirmed for Councilmember Magazine that there are 7 Pavement Management Zone and reported that when they first put the plan together staff thought it would take nine to ten years to get to Zone 7 but now that there is more mill and overlay to be done so it's creeping up. Councilmember Magazine noted that the longer it takes to do the work the worse the roads get and the costs keep going up and he doesn't know how in the world they are going to get it all done. There were no individuals wishing to speak on this agenda item. Mayor Kavanagh closed the public hearing at 7:03 p.m. AGENDA ITEM SPL #2 - CONSIDERATION OF RESOLUTION 2015-13, ADOPTING THE TENTATIVE BUDGET AS THE FINAL BUDGET FOR THE TOWN OF FOUNTAIN HILLS FOR FISCAL YEAR BEGINNING JULY 1, 2015 AND ENDING JUNE 30, 2016. There were no citizens wishing to speak on this agenda item. Councilmember Leger MOVED to approve Resolution 2015-13, adopting the Tentative Budget as the Final Budget for the Town of Fountain Hills for Fiscal Year beginning July 1, 2015 and ending June 30, 2016 and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM SPL #3 - CONSIDERATION OF RESOLUTION 2015-15, ADOPTING AND ESTABLISHING THE FY 2015-16 BUDGET IMPLEMENTATION POLICY AND APPROVING THE TOWN ORGANIZATIONAL CHARTS, THE FY 2015-16 PAY PLAN, THE SCHEDULE OF AUTHORIZED POSITIONS, THE EMPLOYEE JOB DESCRIPTIONS AND THE FY 2015-2016 FEE SCHEDULE. Town Manager Ken Buchanan explained that this resolution provides for a budget implementation policy once it is adopted and this spells out what staff should be doing throughout the year with it (basically a fiscal policy). He added that this also approves the Organizational Chart, the Pay Plan, the Schedule of Authorized Positions, the Employee Job Descriptions and the FY 2015-16 Fee Schedule. He stated that staff recommends approval of Resolution 2015-15. There were no citizens wishing to speak on this agenda item. Councilmember Magazine MOVED to approve Resolution 2015-15 as presented and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM SPL #4 - ADJOURN the Special Session. Councilmember Yates MOVED to adjourn the Special Session at 7:05 p.m. and Vice Mayor Brown SECONDED the motion. There were no individuals wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0). * RECONVENED REGULAR SESSION The Mayor recessed the Regular Session at 7:05 p.m. AGENDA ITEM #5 - CONSIDERATION OF THE REQUEST BY THE PUBLIC ART COMMITTEE FOR $2,480 FROM THE 1% ART FUND FOR THE IMPROVEMENT OF THE RONALD REAGAN BASE TO CONFORM WITH THE LINCOLN AND WASHINGTON-JEFFERSON BASES. Community Services Director Mark Mayer addressed the Council relative to this agenda item and advised that the Public Art Committee is requesting $2,480 from the 1% Art Fund for the improvement of the Ronald Reagan base. He referred to a PowerPoint presentation (Copy available on line and in the office of the Town Clerk) and noted that when z:\council packets\2015\r150618\150604m.docx Page 7 of 15 the Reagan base was installed, it was basically just a concrete pad to facilitate the placement of the bench that Reagan in leaning on. He explained that the Committee is requesting that the base be changed utilizing pavers so that it is more compatible with the previous pads that utilized pavers. He advised that Sand i Thompson from the Public Art Committee is present this evening should the Council have any questions. In response to a request from Councilmember Yates, Mr. Mayer confirmed that the Public Art Fund is comprised of fees that are strictly collected for his purpose and does not consist of taxpayer dollars. There were no citizens wishing to speak on this agenda item. Vice Mayor Brown MOVED to approve the request by the Public Art Committee for $2,480 from the 1% Art Fund for the improvement of the Ronald Reagan base to conform with the Lincoln and Washington-Jefferson bases and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #6 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 15-03, A PROPOSED AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING MAP. IF ADOPTED, THE AMENDMENT WOULD REZONE APPROXIMATELY 1.3-ACRES AT 112-8 N. INDIGO DRIVE, LOCATED ON THE SOUTHWEST CORNER OF INDIGO DRIVE AND EMERALD DRIVE, FROM THE R1-18 ZONING DISTRICT TO THE R-3 ZONING DISTRICT. IF APPROVED, THE REZONING WILL ALLOW THE CONSTRUCTION OF "PALAZZO DI LUSSO," A FOUR-UNIT LUXURY CONDOMINIUM BUILDING. THIS ITEM WAS CONTINUED FROM THE MAY 7, 2015 COUNCIL MEETING. (CASE #Z2014-05) Mayor Kavanagh advised that there will be one Staff Report for Agenda Items #6 and #7. Mayor Kavanagh opened the Public Hearing at 7:08 p.m. Senior Planner Bob Rodgers addressed the Council relative to these agenda items and noted that the proposal is to rezone the property located at 11208 N. Indigo Drive from R1 -18, Single-Family Residential to R-3, Multi-Family Residential. He identified the location of the property and said that it consists of 1.24 acres and is currently vacant. He added that properties located to the north and east are single -family zoned as is the one vacant lot south of the subject lot. He said that properties to the west and south are multi -family and are zoned R-3. He referred to a copy of the Zoning Map displayed in the Chambers (Copy of the PowerPoint presentation available on line and in the office of the Town Clerk). He informed the Council that the proposed 4-unit luxury condominium project consists of one two- story building with four condominiums and stated that parking for residents is provided via an underground garage. He further stated that visitor parking is provided via a surface lot near the front entrance to the building facing Indigo Drive and vehicular access is via a gated circular driveway off Indigo Drive. Mr. Rodgers explained that this property is in the somewhat unique position of currently being zoned for single-family residential use while having a General Plan designation of multi -family residential use. He noted that the current R1- 18 zoning is not consistent with the Fountain Hills' General Plan's Land Use Plan, which currently identifies the subject property as Multi-Family/Medium. He said that this General Plan designation would allow for between 4 - 10 dwelling units per acre and as such the proposed re -zoning to R-3 would bring the property into compliance with the General Plan. He further stated that the Council opened the Public Hearing on May 7, 2015 and during the course of the hearing the Council expressed reservations about the proposed building elevations and landscaping and they did not seem to be consistent with the building styles and landscaping of the immediate neighborhood. He added that Council continued the Public Hearing until June 4, 2015, and requested that the applicant re-design these aspects of the proposal to be more consistent with the area, including using desert landscaping as appropriate. He pointed out that this has been done and the revised proposal is attached to the report. He noted that the landscaping plan will also be changed to reflect low-water usage plants. Mr. Rodgers announced that the Planning and Zoning Commission voted at their April 9th hearing to recommend approval of Ordinance 15-03, as presented and subject to the stipulations outlined in the Staff Report and staff also recommends approval subject to the stipulations in the Staff Report. He said that the applicant is present to respond to any questions from the Council. z:\council packets\2015\r150618\150604m.docx Page 8 of 15 Councilmember Leger commented that Mr. Rodgers had provided some history on the General Plan from pre- incorporation and in each of the General Plans the designation that was prescribed for the lot in question was multi - family and Mr. Rodgers concurred with Councilmember Leger's statement. Town Clerk Bevelyn Bender advised that two individuals wished to speak on this agenda item. Varla Brauer advised that she is there to speak to their opposition to the proposed rezoning and said that the Council has a number of handouts on the original e-mail that was sent as well as an outline that they put together today and some pictures. She stated that some of the pros that they feel speak to maintaining the same zoning and include maintaining the surrounding homeowners' property values, which equates with higher tax revenue. She explained that they feel that property values might increase because of privacy issues -- the placement and the magnitude of the structure as well as the fact that it is on a raised berm (somewhere around 25 to 30 feet) and they feel that particularly the upper-story units will look directly into some of their units (the units of the surrounding owners). She expressed the opinion that because the project is on a berm it looks like a monolithic edifice that will be quite high. She commented on negative impacts on views. In response to a question from Ms. Brauer, Town Attorney Andrew McGuire advised that that the General Plan and the Zoning Ordinance are separate layers of regulations and a change to the General Plan does not mandate a change in the Zoning Ordinance so they can be inconsistent but a change in the Zoning Ordinance h as to be consistent with the General Plan. Ms. Brauer said that if they consider denying this, it would be a pro in terms of confidence and trust building for the Council with their voting base -- they want to know that the homeowners interests are first and foremost and they all did their due diligence to make certain that they reviewed the zoning ordinances before they purchased property knowing that that land was vacant only to learn that the parameters could be waived to their detriment. She further stated that while they empathize with Mr. Tully's expenditures of time and money, they just think that perhaps it might have been prudent of him to look into the rezoning requests before the purchase of the property. She explained that they also feel that this might help set a precedent for future residential rezoning issues and they feel that there are some ancillary benefits to enticing younger families or just consistent residents here in terms of the future of the Town. She noted that she read recently that there is concern over the median age rising and not as many younger families moving in and they feel that having consistent ownership instead of rental ownership might be conducive to that. She added that on the pro side there would not be any legal ramifications for the Council if they deny the rezoning based on the Planning & Zoning Commission's recommendation. Ms. Brauer reported that the cons include decreasing property values due to the height and proximity of the proposed build and the view obstruction. She informed the Council that most of the people who are on the upper levels have panoramic views as she pointed out in her email which would be eliminated by this build. She reiterated that they also have concerns about privacy and no legal c onstraints on the number of units or the expansion potential for the proposed construction. She said that from what she hear s, the Planning & Zoning Commission was not fully in favor of the rezoning until they added the caveat of a restriction to four units and she was told that that was erroneous though as it came to light and therefore they are concerned that this project could blossom to a potential 12 units despite verbal promises to the contrary, particularly if by chance Mr. Tully was no longer spearheading the project. She stated that lastly, they believes this would be a real show of faith and trust if the Council were to put the interests of local homeowners first and foremost. Mayor Kavanagh thanked Ms. Brauer for her comments and explained that she allowed her a little extra time because she is representing the Emerald Mesa Homeowners and 13 of them signed the letter. She added that the next speaker, Mr. Pape, will be representing the single-family homeowners and will also be allowed some additional time in which to present his remarks. Bill Pape addressed the Council and said he lives on Emerald Drive and he and others have sat down with Mr. Tully and talked and had meetings and he is a nice guy. He added that they have no problems with Mr. Tully or with the building from the standpoint of its design or architecture. He explained, however, that they do have some problems as far as the size of the building -- it is 14,000 square feet of livable space and that is a significant building. He noted that it is 30-feet high and he measured the Council Chambers the other day and reported that from the front of the podium to the back of the building is approximately 1,300 square feet and the ceiling is 14-feet high and so they are talking about a building that is eleven times the size of these Council Chambers and a building that is two and a half times as tall as the Council Chambers. He expressed the opinion that that is a significant building to put on a relatively small z:\council packets\2015\r150618\150604m.docx Page 9 of 15 lot. He noted that there has been discussion relative to the fact that a single-family residence could be built on that same lot and could be the same size and that is absolutely correct and that would be a permissible situation, however, that is never going to happen -- nobody is going to build a $3 million single-family residence among condos or other single-family residences that are worth a million and a half dollars or less so that's not going to happen and that is not going to be an issue. He informed the Council that they do have some issues of contention and said that basically the developer supports this project but aside from himself, he has no other support that Mr. Pape is aware of. He pointed out that the neighbors don't want the project, neither do the single-family home owners or the condo owners and the Neighborhood Property Owners' Association (NPOA) doesn't want the project. Mr. Pape advised that it is his understanding that Vice Mayor Brown had an opportunity to meet with Mr. Tully and they talked about the architectural aspects of the building although the NPOA is the only one who has jurisdiction over the architectural aspects of the building. He added that in that meeting it is also his understanding that Vice Mayor Brown indicated to Mr. Tully that it was unprecedented that the NPOA would send a letter to the Council signed by every member of the Board of Directors opposing this project. He noted that the NPOA represents 4,100 property owners in Fountain Hills and it is permeated throughout Fountain Hills and truly representative of the Town although all nine of the Board of Directors signed the letter opposing this rezoning. He stated that they think that that is pretty darn significant . Mr. Pape commented on the fact that they have tried to compromise and said that it has been a give and take situation to some extent and Mr. Tully has been able to change some of the architectural aspects of the building and the one thing that they did ask him about in their meeting this morning was basically the relocation of the building on the lot. He advised that they went around and spent a lot of time walking around the lot yesterday, taking pictures and trying to ascertain what views would be like and that sort of thing. He added that they thought they might be able to live with this type of project if it was moved forward approximately 20 feet on the lot and moved away from Emerald approximately 20 feet so they talked to Mr. Tully about that and he indicated that it would cost approximately $50,000 to change his plans in order to accommodate that. He further stated that he talked to two developers about it and one said $5,000 to $8,000 and one said $5,000 to $10,000 to change that plan. He informed the Council that the other aspect of it is the size of the building and this evening Mr. Tully showed him the map/the basic layout of the building and he said that he is not an engineer but he will take his word for it essentially that the building is simply too big to manipulate to any extent on that lot, so he feels he can't move it forward because he would be infringing on the parking area, he can't move it away from Emerald because it would infringe upon the other property line plus he has a driveway going in for underground parking. He further stated that if they had a 10,000 square foot building there then they would be able to move the building around a little bit and the neighbors could be appeased to some extent and they could live with this thing. Mr. Pape pointed out that as it is now at 14,000 square feet and 30-feet high, it can't be moved on the site because of the configuration of the building on the site so they hope that the Council will vote to not rezone this site and allow it to be a single-family residential site, which it has been for a long time. He noted that he built his home in 1998 and other homes were all built there and they all checked the zoning, it was always single - family residential. He emphasized that they counted on that and they trusted basically that that would remain the same unless there were compelling reasons to change and they don't see any compelling reasons for change. Her said that legally they don't have to change it and asked what other reason there was to change it. Mayor Kavanagh thanked the speakers for their comments. Mayor Kavanagh advised that as per the last meeting she was not in favor of changing the zoning and she is still not in favor of changing the zoning because as Mr. Pape said, she thinks that zoning is a trust factor. She stated that whenever anyone comes to Town and they say to her that they want to build or buy a house, the first thing she tells them is to check the zoning all around them. She pointed out that there are sites that have been designated for schools and maybe they won't build a future school there but something else is going to be built there and just because people might see an empty lot, that doesn't mean that that is going to be their view and it is going to remain the same forever - - check the zoning and do the required due diligence. She added that if they tell people to trust in what they have and then they just change it, what does that say? She noted that these people have bought their homes and built their homes knowing that these two lots that are located here were going to be single-family homes and so people believed that they would always have their views and views are very important in Fountain Hills. She further stated that if they walk the lot, and she shared pictures of this last time, they can easily see that these particu lar lots, where the units are going to be, are a lot closer to the single-family homes than to the condos and the condos are on the main road. She reported that this is on a small residential road that she thinks should remain single family and she doesn't know what z:\council packets\2015\r150618\150604m.docx Page 10 of 15 to tell people anymore if anytime you come into Town and there is a lot there and you say well it's single family but don't worry about it. She advised that she remembers when they changed the Hillside Protection Ordinance and on her street there was only one lot left and then they changed the ordinance and that is the only house on the street that was able to go end to end and protrudes out over the wash, infringes on the house that now is on the other side and that is not like anyone else's house. She reiterated that that was changed after everyone else's house was already built. She commented that she doesn't like changing zoning unless it is for the better and no one wants this as far as the neighbors, the NPOA (and she was very surprised to get that letter from them) so just as she said at the last meeting, she does not like to change zoning once it is in place and she believes that people buy their property trusting the Town that that is the way it is going to be and then they just pull the rug out from under them. She expressed the opinion that that is not fair and stressed the fact that she likes fair. The Mayor asked the applicant whether he would like to present any comments at this time. Bruce Tully, The Trapezium Consulting Group, LLC, addressed the Council and advised that he would like to address several points that were made this evening. He noted that the meeting was continued because Councilmember Leger asked for additional information from them and they provided that additional information to all of the points that were made to them during multiple meetings with neighbors and he hopes that that letter was circulated to the entire Council and that they have had an opportunity to read it. He added that after these comments he would be happy to respond to any issues as far as that letter. He said that the list of the two previous speakers was relatively long and his memory is short so he will do his best to hit the points and while they may not be in order, he will certainly be dealing with factual issues. He stated that the comment about decreasing property values is a smokescreen because they are talking about building a $2.5 million structure that is going to be built with the finest building materials and the best architectu ral design, with the most beautiful landscaping plan by the best landscaping firm in Phoenix. He said that they are not putting a trailer park on this parcel of land and stressed that the project is going to be a high end and very attractive project. He advised that the statement that they are going to be looking down into condominiums or apartments to the west is simply not going to happen -- they are going to be at least 150 feet away and that is half of a football field away from those buildings and they are going to be lower than his project. He informed the Council that he drove their property and that is all parking and parking covered and doors, there are not privacy spaces back there that they are going to be invading from 150 feet away and that too is a smoke screen and a scare tactic that is being put out there and simply not a fact. He further addressed the site plan and noted that they had a professional staff member who is paid to review these projects, they had a Planning & Zoning Commission who has supported staff and voted for the zoning change and put forth the recommendation to the Council to execute that zoning change. He noted the importance of not forgetting that and went on to discuss the issue of the NPOA and stated that he was glad that was brought up because he too was surprised so, not being a wallflower, he quickly called Jim Waddell and had two very nice, lengthy conversations with him about that letter. He said that he couldn't be here this evening or he would repeat exactly what Mr. Tully will share with them now (he has been authorized to share this information). He advised that the first thing he said was that after much thought, he probably should not have written the letter, it is a mischaracterization of the building and the project, and commented that they are not against the building or the project whatsoever. He further stated that he and his architectural representative were not going to be in Town for the meeting so they wrote the letter and after reading it he said he could see how it could be very easily misunderstood and look like an indictment against the project, which it was never intended to be at all. Mr. Tully said that Mr. Waddell advised him that he had responded to pressure from some previous members of the Board. He added that he also told him that if the Council sees fit to pass Mr. Tully's zoning, he would like to invite him to attend their Board meeting next Wednesday on June 10th and requested that he give an informal presentation. He recounted add itional very positive conversation between the two and informed the Council that he was assured that the members of the Board would give him a fair and impartial review. He encouraged the members of the Council to talk to Mr. Waddell to confirm that what he has just told them is entirely true. Mr. Tully further stated that he would like to address comments made about the "huge" size of the project and pointed out that the Town has zoning requirements that set forth setback requirements, open space require ments and on-site retention and detention requirements for any given structure that might be built. He noted that the biggest concern about the proposed project from the neighbors was presented to him at 10:00 a.m. this morning and asked whether that was very fair considering the meeting was going to take place at 6:30 p.m. this evening. He added that he was told that he needed to respond by 4:00 p.m. He commented on the fact that the neighbors have known about his project for weeks and he has responded to every issue that he has been asked to respond to in good faith and with the best effort and now he is being told that he needs to re-site his building. He said that he didn't appreciate the comment that the z:\council packets\2015\r150618\150604m.docx Page 11 of 15 cost of doing that would be $5,000 and stated that he has been practicing what he does for 45 years and what they would have to do to go through any building siting change would not be a $5,000 effort because it is more than drawing a pretty picture, it is re-engineering the site, re-engineering the drainage and topography, performing on-site retention calculations and plans, doing drainage calculations and reports, full CAD redesign, and then turning that all into the Town where they will have a month to review it and make comments that would have to be responded to, make changes and it is a very long, two to three-month process. He added that if he were to spend $4,00 to $5,000 on each one of those tasks, which would be very easily spent, they are talking about $30,000 to $40,000 and two to three months worth of additional time and that is if they could redesign the site. He informed the Council that this is a very important issue to him and his company and he knows that it is a very important issue to the Council as well and indicated his intention to circulate an exhibit to the Council. He reviewed the exhibit and discussed setback lines that would be required under and zoning and noted that the building sits well within those lines but added that the things that are then required for the project are the ingress/egress parking for guests and if they move the building 40 feet further away putting it almost an entire football field away, they would lose t wo very important elements -- guest parking and a required retention area. He went on to discuss another alternative and the negative consequences of such action that would occur (could not make the turning radius to get into the garage). He informed the Council that it would be difficult/next to impossible to have accommodated the changes that were thrown at them this morning at 10:00 a.m. He stated that even if they wanted to put in the time and the financial effort the net result would not be feasible. Mr. Tully advised that he doesn't know the Mayor but he has listened to her and she seems like a delightful and wonderful person and he appreciates the emotional commitment that she has expressed throughout the meetings on the property owners' reliance on what they thought was single-family zoning and he is glad that she brought that up. He pointed out that the property owners are not the only people in the ballgame who have reliance issues -- whether anyone thinks they can just toss the General Plan away or not (and he has a legal opinion on this that he will share with them). He informed the Council that they too relied on this -- his partner relied on the General Plan when he carefully looked at buying a site in Fountain Hills to build this exact type of project. He said that he relied on the fact that if staff and the Planning Commission recommended a zoning change that the Council would do the right thing and bring it into compliance with the General Plan that has been in place, calling that entire area multi -family R-3 for decades. He commented that he would like someone in this esteemed group to show some compassion about their reliance and noted that this is a reliance issue that has legal consequence that would have to be resolved. Mr. Tully thanked the Council for their patience in listening to him this evening and expressed the opinion that they have put forward logical and reasonable rebuttals to all of the issues that they are aware of. He requested that the Council do the responsible thing and bring this piece of property into compliance with what has been in place for years, the Town's General Plan. He indicated his willingness to respond to any questions from the Council. He emphasized that he and his company want to be a part of this great community and he hopes he will be giving a presentation to the NPOA next Wednesday. Mayor Kavanagh thanked Mr. Tully for his comments. Councilmember Leger advised that he appreciates Mr. Tully's comments and letters and the neighbors comments and letters. He noted that this is a passionate issue that has become more complex than perhaps it ne ed be but it is a complex issue. He said that from his experience, when it comes to the notion of honesty and trust, he has always operated on the premise that the General Plan designates and prescribes land usage in the Town. He added that the General Plan prescribes multi-family in this particular case. He noted that one of the things that he has tried to filter out from this issue is the notion that if they are awarded the zoning that they could flip flop -- move from four units to twelve units. He commented that it is his understanding after conducting research that that is not necessarily the case and they can address that later on. He added that he knows it doesn't hold water, but it is important for him to hear a personal statement from Mr. Tully that he is committed, if approved, to this plan and it is going to be limited to the four units as proposed. Mr. Tully responded "absolutely" and went on to say that this is not a bait and switch and they have no intention of building anything else on this property other than the wonderful project the Council sees before them. He further stated that even if they did .... and they won't ... that new proposal would have to go through a totally new process and it wouldn't go anywhere because the Planning Commission would look at it and say that that was a breach of faith. z:\council packets\2015\r150618\150604m.docx Page 12 of 15 Councilmember Leger said that he understands and he thanked Mr. Tully for answering his question. Councilmember Yates stated that he doesn't think anyone on the dais doesn't have the residents first on their mind and he thanked Mr. Tully for his patience since the case was tabled. He requested that legal issues not be brought into this conversation and commented that he supports this but when legal issues are brought up it kind of taints the issue. Mr. Tully explained that he only mentioned that because one of the previous speakers said that there was no legal issue and had she not said that, he would not have made that comment. Councilmember Yates commented that from a planning standpoint, this is a perfect buffer and pointed out that when you have multi-family at the street going right towards single-family homes, it is not the most advantageous situation. He stated that this project could attract the young professional and the young executive and overall he thinks that Mr. Tully has done everything that they have asked him to do from a planning standpoint. He expressed the opinion that the market is not going to build a single-family home on this site, it is going to sit there so he supports this and he appreciates Mr. Tully and the residents. Vice Mayor Brown stated that he is the one that raised the red flag on the appearance of the building, he didn't like the California look, and Mr. Tully has done exactly what he has personally requested. He agreed with Councilmember Yates that the lot won't accommodate a single-family home -- no one is going to buy that home if it sits between multi- family units. He noted that he has been on the property three times and he does think that the project is going to block some easterly views of the Emerald Townhomes but pointed out that somebody else is going to eventually block those views if he doesn't. He also agreed that this is about as nice a buffer between the single -family homes and the multi- family homes that they could have. He referred to the NPOA letter and advised that he has been on the Planning & Zoning Commission as well as Council for 15 years and sat through some extremely ugly hearings and not one time did the NPOA weigh in in any way or form and his concern is whether they will be able to get a fair hearing from them, that was his very first thought, and his second thought was why would they be weighing in quite so heavily and he would like to find out the answer to that question sometime and will probably ask the author what prompted this letter. He advised that he is supportive of the project and he appreciates what they have done. Mayor Kavanagh commented that they have pretty much covered it and she thinks the building and the landscaping is really nice and she thinks this would be a great thing for Fountain Hills but she just doesn't think this is the site. She pointed out that there are quite a lot of other pieces of property that it would fit on and be more welcome. The Mayor asked whether Councilmember DePorter wished to make any comments and he had none to make at this time. Mr. Tully advised that he would like to put a footnote on Councilmember Yates' comment and stated that in the purest of planning theory, which he has had the pleasure of teaching for many years, this would be considered the perfect transitional zoned use. He added that the market tends to speak and that property has sat as a single -family lot for 30 years in a beautiful neighborhood and if there was going to be a nice single -family house there he would suggest that the market would have put one there and it has not for many of the reasons that Councilmember Yates, Councilmember Leger and Vice Mayor Brown have expressed. He stated that they are the right use under the General Plan for this site and he asked that the Council consider the request and approve it. He thanked them for their time and said that it has been a pleasure speaking to all of them. Mayor Kavanagh commented that she had one final question -- since the issue has been brought up that maybe families might move into this, she was wondering what the monthly rent would be on one of these units. Mr. Tully replied that the rent would be between $4,000 and $4,500 a month and they are not age restricted so whoever comes will be welcome with open arms. Councilmember Hansen stated that she has gone back and forth so many times on this over the last few weeks and something that Mr. Tully said tonight just rang a bell -- that this is such a desirable product to put on a multi-family site, which it is. She noted that she is sure that the inside of the building will be gorgeous but still this is for a multi - family site and the fact remains that it is still zoned single-family residential and that is where she is having a problem, going back to the fact that when she first moved here she knew about zoning and that is before she had any z:\council packets\2015\r150618\150604m.docx Page 13 of 15 involvement with government or public entities. She added that if someone had said General Plan, she would have had to ask what that was so she feels for the residents because they might have checked the zoning because most people are familiar with zoning but not so much with the General Plan so she is really leaning towards not making a change although she thinks that it is a great product. Mayor Kavanagh closed the public hearing at 8:01 p.m. AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE 15-03, A PROPOSED AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING MAP. IF ADOPTED, THE AMENDMENT WOULD REZONE APPROXIMATELY 1.3-ACRES AT 112-8 N. INDIGO DRIVE, LOCATED ON THE SOUTHWEST CORNER OF INDIGO DRIVE AND EMERALD DRIVE, FROM THE R1-18 ZONING DISTRICT TO THE R-3 ZONING DISTRICT. IF APPROVED, THE REZONING WILL ALLOW THE CONSTRUCTION OF "PALAZZO DI LUSSO," A FOUR-UNIT LUXURY CONDOMINIUM BUILDING. THIS ITEM WAS CONTINUED FROM THE MAY 7, 2015 COUNCIL MEETING. (CASE #Z2014-05) Councilmember Magazine advised that he too has gone back and forth and went back to the property before he came to the meeting this evening (his second visit) and he knows that he is going to go in a direction that Councilmember Yates doesn't want him to but in the first hearing, near the end of the meeting, Mr. Tully used the word "relief" and he thinks they all know what relief means, and that is the legal route. He stated that he really sympathizes with the people who live over there and he doesn't know that he would feel any differently if he lived there himself. He added, however, that he is really concerned that with the General Plan having been as it has been for so long that Mr. Tully makes a very good case about depending upon that and he is a little concerned about the issue of confiscation. He further stated that he doesn't know what would happen if they turned this case down and Mr. Tully seeks relief, it could go either way he suspects, but if it goes in favor of Mr. Tully, then the neighbors are really going to be upset because then lots of things can be done on that property that can't be done based upon what they are seeing today. He added that he wouldn't want to roll the dice if he were a resident. Vice Mayor Brown MOVED to approve Ordinance 15-03, the proposed rezoning of property at 11208 N. Indigo Drive from R1-18 to R-3 as presented and subject to the stipulations outlined in the Staff Report with the added stipulation that requires the development of this four plex project as presented, to be started within 36 calendar months of the Council's approval and Councilmember Yates SECONDED the motion. Councilmember Leger requested that Vice Mayor Brown repeat the stipulation and said that after that he would like an interpretation from the Town Attorney. Vice Mayor Brown restated the added stipulation as requested. Town Attorney Andrew McGuire explained that a provision in Arizona Revised Statutes allows for conditional rezonings to be tied to a specific plan as presented within a specific period of time. He added that the statute allows the zoning to be reverted if those time conditions are not met (similar to what they saw in the Hemingway PAD). He added that the proposal tonight is what is being approved (a four plex project). A roll call vote was taken with the following results: Mayor Linda Kavanagh Nay Vice Mayor Dennis Brown Aye Councilmember Nick DePorter Aye Councilmember Cecil Yates Aye Councilmember Cassie Hansen Nay Councilmember Alan Magazine Aye Councilmember Henry Leger Aye The motion carried BY MAJORITY VOTE (5-2 with Mayor Kavanagh and Councilmember Hansen voting Nay). z:\council packets\2015\r150618\150604m.docx Page 14 of 15 AGENDA ITEM #8 - CONSIDERATION OF A LIQUOR LICENSE APPLICATION SUBMITTED BY PENNY GAIL ZIMMERMAN, OWNER/AGENT OF NORMA JEANS LLC DBA MONROES, LOCATED AT 13014 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12 RESTAURANT. Town Manager Ken Buchanan addressed the Council and provided a brief overview of this agenda item. He explained that the purpose of this item is to obtain Council's recommendation regarding a liquor license application for a Series 12 (Restaurant) liquor license submitted by Penny Gail Zimmerman, owner/agent of Norma Jeans, LLC DBA Monroes for submission to the Arizona Department of Liquor. He noted that the application was reviewed by staff for compliance with Town ordinances and noted that there were challenges with the application when reviewed by Law Enforcement, noted inconsistencies in the Liquor License application. He stated that there is a letter from the applicant stating that because of the inconsistencies they were going to withdraw the current application and submit a new one and this has not happened to date. He noted that the Town is requir ed to respond to the State Liquor Board within 60 days and the deadline for that is next week. He explained that if they don't act on it , the Town will be unable to intervene at the Liquor Board hearing or any future discussions on this before the Liquor Board. He advised that staff recommends denial of the liquor license application as submitted and indicated his and Captain Letourneau’s willingness to respond to any questions from the Council. The Captain had nothing to add to the presentation. There were no individuals wishing to speak on this agenda item. Councilmember Leger said that if in fact the Council denies this application, is that final or who does have the final say (it is his understanding that the Liquor Board has the final say no matter what the Council says). Mr. McGuire advised confirmed that the Liquor Board takes the Council's recommendation and then renders its own decision and typically if this moves forward for consideration and the Town wants to oppose it, the Council should direct someone to be at that hearing to speak on behalf of the Town and oppose the license. Councilmember Magazine asked how they can be certain that someone will be at that meeting and Mr. Buchanan confirmed that someone from the Town will be present at the Board meeting. Vice Mayor Brown MOVED to deny the Liquor License Application submitted by Penny Gail Zimmerman, Owner/Agent of Normal Jeans LLC DBA Monroes, located at 13014 N. Saguaro Boulevard, Fountain Hills, AZ and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #9 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. 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. AGENDA ITEM #10 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER. Mayor Kavanagh reported that on behalf of the Town Council and staff, she wants to congratulate Keith Kaplan, the Town's Court Administrator, who, a couple of weeks ago, received his Master of Science in Legal Administration from the University of Denver's Sturm College of Law. She added that Keith was al so awarded the Outstanding Graduate Award as the student with the highest GPA that shows mastery of the subject matter. She congratulated Mr. Kaplan on behalf of the entire Council. AGENDA ITEM #11 - ADJOURNMENT Councilmember Yates MOVED to adjourn the meeting at 8:13 p.m. and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). z:\council packets\2015\r150618\150604m.docx Page 15 of 15 TOWN OF FOUNTAIN HILLS By _______________________________ Linda M. Kavanagh, Mayor ATTEST AND PREPARED BY: ________________________________ Bevelyn Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive Session, held in the Fountain Conference Room - 2nd Floor and the Regular and Special Council Sessions held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 4th day of June, 2015. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of June, 2015. _____________________________ Bevelyn Bender, Town Clerk