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HomeMy WebLinkAbout140619AREVISED: 6/16/14 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. - EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:00 P.M. - VIEWING OF THE TOWN’S NEW FIRE TRUCK (E822) IN THE TOWN HALL PARKING LOT 6:30 P.M. - REGULAR COUNCIL MEETING WHEN: THURSDAY, JUNE 19, 2014 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commission, Committee or Board members may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name and whether or not they reside in Fountain Hills (do not provide a home address) prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Cassie Hansen Councilmember Ginny Dickey Councilmember Henry Leger Councilmember Tait D. Elkie Councilmember Cecil A. Yates z:\council packets\2014\r140619\packet\140619a.docx Last printed 6/16/2014 3:58 PM Page 2 of 5 EXECUTIVE SESSION AGENDA  CALL TO ORDER – Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT to A.R.S. §38-431.03.A.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, Dina Galassini v. Town of Fountain Hills and State of Arizona). 2. ADJOURNMENT REGULAR AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Moment of Silence  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a PROCLAMATION recognizing JULY 2014 AS PARK AND RECREATION MONTH in the Town of Fountain Hills. ii) Rotation of the VICE MAYOR POSITION to Councilmember Cecil A. Yates, pursuant to Fountain Hills Town Code, Section 2-2-2, which requires every elected Councilmember to serve as Vice Mayor during the member's elected term.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review recent events attended relating to economic development. ii) Update by Councilmember Ginny Dickey regarding the recent Maricopa Association of Governments Regional Domestic Violence Council meeting held June 5, 2014. iii) Presentation by Robert Bennett, Republic Services General Manager, on the three year status report. iv) Update on Tourism by Community Services Director Mark Mayer/Tourism Assistant Grace Rodman-Guetter. v) Update from Economic Development Specialist Scott Cooper on the Economic Development Plan. z:\council packets\2014\r140619\packet\140619a.docx Last printed 6/16/2014 3:58 PM Page 3 of 5 CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(H), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS (1 – 9) All items listed on the Consent Agenda are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda, he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from May 15, 2014 and June 5, 2014. 2. CONSIDERATION of approving the CANCELLATION of the Fountain Hills Town Council meetings of July 3, 8, and 17, 2014. 3. CONSIDERATION of the THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT with CliftonLarsonAllen LLP, dated June 19, 2014, for financial auditing services for the year ending June 30, 2014. 4. CONSIDERATION of renewing the CONTRACT with Albert Holler & Associates for sales tax auditing services in the amount of $30,000 for one year, effectively July 1, 2014 through June 30, 2015, with up to four annual renewals. 5. CONSIDERATION of the SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT with Fountain Hills Theater, in the amount of $63,216.00, for the fiscal period July 1, 2014 through June 30, 2015, to provide general theater productions and workshop/camp support for Fountain Hills residents. 6. CONSIDERATION of the SIXTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT with Boys & Girls Clubs of Scottsdale, McKee Branch, in the amount of $51,200.00, for the fiscal period July 1, 2014 through June 30, 2015, to provide teen activity programs to include academic success, good character and citizenship and healthy lifestyles for Fountain Hills residents. 7. CONSIDERATION for approval of RESOLUTION 2014-30, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear and northwesterly property line of Plat 403C, Block 2, Lot 35 (15826 E. Cholla Drive) as recorded in Book 161 of Maps, Page 43, Records of Maricopa County, Arizona. EA2014-06 (Hagerty) 8. CONSIDERATION for approval of RESOLUTION 2014-33, abandoning whatever right, title, or interest the Town has in portions of a certain 15' water line easement located within Plat 705, Parcel A (17130 E. Shea Boulevard) as recorded in Book 468 of Maps, Page 3, Records of Maricopa County, Arizona. EA2014-05 (IMH Special Asset NT 246, LLC) z:\council packets\2014\r140619\packet\140619a.docx Last printed 6/16/2014 3:58 PM Page 4 of 5 9. CONSIDERATION for approval of RESOLUTION 2014-34, abandoning whatever right, title, or interest the Town has in the certain 10’ public utility and drainage easement located at the southerly property line of Plat 303, Block 3, Lot 2 (17315 E. Brantley Drive) as recorded in Book 147 of Maps, Page 4, Records of Maricopa County, Arizona. EA2014-07 (Sealund) 10. CONSIDERATION for approval of RESOLUTION 2014-35, abandoning whatever right, title, or interest the Town has in the certain public utility easement and a portion of the drainage easement located at the rear property line of Plat 506B, Block 1, Lot 38 (15033 E. Marathon Drive) as recorded in Book 159 of Maps, Page 3, Records of Maricopa County, Arizona. EA2014-08 (Brown) REGULAR AGENDA ITEMS 11. CONSIDERATION AND DIRECTION to outside legal counsel REGARDING RESOLUTION of Dina Galassini v. Town of Fountain Hills and State of Arizona. 12. CONSIDERATION of RESOLUTION 2014-32, regarding an Intergovernmental Agreement with the Regional Public Transportation Authority relating to transit services. 13. CONSIDERATION of a 1-YEAR CONTRACT EXTENSION for T-Mobile “stealth” cell tower antenna on Shea Boulevard. 14. CONSIDERATION of AMENDMENT NO. 1 in the amount of $62,997.00 to CONTRACT C2014-143 with Low Mountain Construction, Inc. for the Avenue Median Improvements project. 15. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding possible changes (i) to the Avenue of the Fountains Median Project tree selection, (ii) Public Address System, (iii) Wi-Fi System, and (iv) a roundabout at the intersection of La Montana and Avenue of the Fountains. 16. CONSIDERATION of RESOLUTION 2014-31, declaring as a public record that certain document filed with the Town Clerk and entitled the “2014 Development Impact Fee Ordinance of the Town of Fountain Hills.” 17. CONSIDERATION of ORDINANCE 14-06, adopting the “2014 Development Impact Fee Ordinance of the Town of Fountain Hills” by reference and amending the Town of Fountain Hills Town Code, Chapter 7 (Buildings and Building Regulations), Article 7-10 (Development Fees), by deleting it in its entirety and replacing it with the 2014 Development Impact Fee Ordinance of the Town of Fountain Hills. 18. CONSIDERATION of RESOLUTION 2014-22, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to taxation, a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for the Fiscal Year ending June 30, 2015. z:\council packets\2014\r140619\packet\140619a.docx Last printed 6/16/2014 3:58 PM Page 5 of 5 19. 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. 20. 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: NONE. 21. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 22. ADJOURNMENT. DATED this 12th day of June, 2014. 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.