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HomeMy WebLinkAbout150219AREVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 1 of 4 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) 6:30 P.M. – REGULAR SESSION WHEN: THURSDAY, FEBRUARY 19, 2015 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 Councilmember Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Vice Mayor Cecil A. Yates REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 2 of 4 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 discussion conducted in order to avoid or resolve litigation (Specifically, for the purpose of discussing the Rural Metro and Republic Services contracts). 2. ADJOURNMENT. REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor David Felton for the Fountains, A United Methodist Church  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a Proclamation recognizing the Noon Kiwanis Club of Fountain Hills 40th anniversary and the Sunset Kiwanis Club’s 39th anniversary. ii) The Mayor’s “State of the Town Address”.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. ii) RECOGNITION of the Noon Kiwanis Club’s United Blood Services’ Hero Award. 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. REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 3 of 4 CONSENT AGENDA ITEMS 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 th e 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 January 29, 2015. 2. CONSIDERATION of the “Adero Canyon Parcel 8 FINAL PLAT”, a 44-unit townhouse subdivision. Case #S2014-09 3. CONSIDERATION for approval of RESOLUTION 2015-01, abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements located at the northeasterly property line of Plat 206, Block 1, Lot 31 (16424 E. Desert Sage Drive) as recorded in Book 147 of Maps, Page 2, Records of Maricopa County, Arizona. EA15-01 (Harman). 4. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Su Vino Winery (Cory Whalin) to be located along Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affaire, from 10:00 AM to 6:00 PM daily, from Friday, March 13, through Sunday, March 15, 2015. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Robert Putnam) for the promotion of a fund raiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ, from 10:00 AM to 10:00 PM on Tuesday, March 17, 2015. 6. CONSIDERATION of accepting the Invitation For Bid #DS2015-127 with Alliance Streetworks, Inc., in the amount of $147,520.76, for the construction of the Alley Paving Phase III project. REGULAR AGENDA ITEMS 7. CONSIDERATION of approving a request by the Public Art Committee to accept a donated sculpture titled, "MY BUDDY" for placement in Fountain Park. 8. CONSIDERATION of accepting the Invitation For Bids #CS2015-101 with Nickel Contracting, in the amount of $697,280.00, for the Fountain Park Phase 6 Improvements. 9. CONSIDERATION of RESOLUTION 2015-05, relating to the sunset of the Public Safety Advisory Commission. 10. CONSIDERATION of RESOLUTION 2015-06, terminating DEVELOPMENT AGREEMENTS between the Town of Fountain Hills and Park Place Properties, LLC, relating to land in the Town Center. REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 4 of 4 11. 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. 12. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 14. ADJOURNMENT. DATED this 12th day of February, 2015. 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: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 1 of 4 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) 6:30 P.M. – REGULAR SESSION WHEN: THURSDAY, FEBRUARY 19, 2015 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 Councilmember Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Vice Mayor Cecil A. Yates REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 2 of 4 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 discussion conducted in order to avoid or resolve litigation (Specifically, for the purpose of discussing the Rural Metro and Republic Services contracts). 2. ADJOURNMENT. REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor David Felton for the Fountains, A United Methodist Church  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a Proclamation recognizing the Noon Kiwanis Club of Fountain Hills 40th anniversary and the Sunset Kiwanis Club’s 39th anniversary. ii) The Mayor’s “State of the Town Address”.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor may review RECENT EVENTS attended relating to ECONOMIC DEVELOPMENT. ii) RECOGNITION of the Noon Kiwanis Club’s United Blood Services’ Hero Award. 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. REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 3 of 4 CONSENT AGENDA ITEMS 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 th e 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 January 29, 2015. 2. CONSIDERATION of the “Adero Canyon Parcel 8 FINAL PLAT”, a 44-unit townhouse subdivision. Case #S2014-09 3. CONSIDERATION for approval of RESOLUTION 2015-01, abandoning whatever right, title, or interest the Town has in portions of the certain public utility and drainage easements located at the northeasterly property line of Plat 206, Block 1, Lot 31 (16424 E. Desert Sage Drive) as recorded in Book 147 of Maps, Page 2, Records of Maricopa County, Arizona. EA15-01 (Harman). 4. CONSIDERATION of approving a FAIR/FESTIVAL LIQUOR LICENSE APPLICATION for Su Vino Winery (Cory Whalin) to be located along Avenue of the Fountains, in conjunction with the Fountain Hills Fine Art and Wine Affaire, from 10:00 AM to 6:00 PM daily, from Friday, March 13, through Sunday, March 15, 2015. 5. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Robert Putnam) for the promotion of a fund raiser to be held at the American Legion Post, located at 16837 Parkview Drive, Fountain Hills, AZ, from 10:00 AM to 10:00 PM on Tuesday, March 17, 2015. 6. CONSIDERATION of accepting the Invitation For Bid #DS2015-127 with Alliance Streetworks, Inc., in the amount of $147,520.76, for the construction of the Alley Paving Phase III project. REGULAR AGENDA ITEMS 7. CONSIDERATION of approving a request by the Public Art Committee to accept a donated sculpture titled, "MY BUDDY" for placement in Fountain Park. 8. CONSIDERATION of accepting the Invitation For Bids #CS2015-101 with Nickel Contracting, in the amount of $697,280.00, for the Fountain Park Phase 6 Improvements. 9. CONSIDERATION of RESOLUTION 2015-05, relating to the sunset of the Public Safety Advisory Commission. 10. CONSIDERATION of RESOLUTION 2015-06, terminating DEVELOPMENT AGREEMENTS between the Town of Fountain Hills and Park Place Properties, LLC, relating to land in the Town Center. REVISED: 2/19/15 z:\council packets\2015\r150219\150219ra.docx Last Printed: 2/18/2015 9:41 AM Page 4 of 4 11. 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. 12. COUNCIL DISCUSSION/DIRECTION to the Town Manager. Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: i.) None. 13. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 14. ADJOURNMENT. DATED this 12th day of February, 2015. 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.