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HomeMy WebLinkAbout151001P z:\council packets\2015\r151001\151001a rev150928.docx Last Printed: 9/28/2015 5:30 PM Page 1 of 4 REVISED: 9/28/15 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:00 P.M. – EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. – REGULAR SESSION WHEN: THURSDAY, OCTOBER 1, 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 Vice Mayor Dennis Brown Councilmember Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Councilmember Cecil A. Yates z:\council packets\2015\r151001\151001a rev150928.docx Last Printed: 9/28/2015 5:30 PM 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)(3), Discussion or consultation for legal advice with the attorney or attorneys of the public body, and 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, the Morningstar Development Agreement); Pursuant to: A.R.S. § 38-431.03(A)(1), Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body (specifically, the Town Attorney contract). 2. ADJOURNMENT. REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor Tony Pierce, First Baptist Church of Fountain Hills  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a PROCLAMATION declaring October 4th thru the 10th, 2015, as Fire Prevention Week in the Town of Fountain Hills. ii) The Mayor will read a PROCLAMATION declaring October 2015 as Domestic Violence Awareness Month in the Town of Fountain Hills.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) UPDATE by Councilmember Cecil A. Yates regarding the MAG (Maricopa Association of Governments) Domestic Violence Committee. ii) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. 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. z:\council packets\2015\r151001\151001a rev150928.docx Last Printed: 9/28/2015 5:30 PM 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 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 September 17, 2015. 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Kenneth Joseph Galluppi, Owner/Agent of EBGN-TERPRISES DBA Hills’ Pizza & Desserts, located at 16726 El Pueblo Boulevard, #B, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by David Xide Zhang owner/agent of HD International LLC DBA HD Asian Bistro - located at 16740 E. Palisades Boulevard, #110, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Cool Cats Rescue (Dana Thorton) for the promotion of a fundraiser to be held on Saturday, October 24, 2015, at the El Dorado Animal Hospital located at 16765 E. Parkview Avenue, Fountain Hills, AZ. 5. CONSIDERATION of RESOLUTION 2015-50, abandonment of four easement documents within the formerly platted area of Eagle Ridge North (currently re-platted as Adero Canyon.) (EA 2015-11): (i) 2003-1343417 MCR - 2 Public Utility and Service Vehicle Access Easement areas; (ii) 2003-1343418 MCR - an Ingress-Egress, Access, Utilities, Drainage, and Landscape Easement area; (iii) 2003-1343420 MCR - a Sight Visibility Easement; and (iv) 2003-1343421 MCR - 2 Sight Visibility Easement areas. REGULAR AGENDA ITEMS 6. CONSIDERATION of a FINAL REPLAT at 16750, 16800 & 16820 E. Paul Nordin Parkway and at 16845 E. Avenue of the Fountains (Plat 208, Block 7, Lots 1, 2, 3 & 5). Case # S2015-08 7. CONSIDERATION of RESOLUTION 2015-51, regarding a development agreement with MS-RCS Fountain Hills, L.L.C., for the Morningstar development related to storm water detention. Case #DA2015-02 8. 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. z:\council packets\2015\r151001\151001a rev150928.docx Last Printed: 9/28/2015 5:30 PM Page 4 of 4 9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 10. ADJOURNMENT. DATED this 24th day of September, 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. z:\council packets\2015\r151001\151001a rev150928.docx Last Printed: 9/28/2015 5:30 PM Page 1 of 4 REVISED: 9/28/15 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:00 P.M. – EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 6:30 P.M. – REGULAR SESSION WHEN: THURSDAY, OCTOBER 1, 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 Vice Mayor Dennis Brown Councilmember Henry Leger Councilmember Nick DePorter Councilmember Alan Magazine Councilmember Cassie Hansen Councilmember Cecil A. Yates z:\council packets\2015\r151001\151001a rev150928.docx Last Printed: 9/28/2015 5:30 PM 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)(3), Discussion or consultation for legal advice with the attorney or attorneys of the public body, and 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, the Morningstar Development Agreement); Pursuant to: A.R.S. § 38-431.03(A)(1), Discussion or consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body (specifically, the Town Attorney contract). 2. ADJOURNMENT. REGULAR SESSION AGENDA  CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh  INVOCATION – Pastor Tony Pierce, First Baptist Church of Fountain Hills  ROLL CALL – Mayor Linda M. Kavanagh  MAYOR’S REPORT i) The Mayor will read a PROCLAMATION declaring October 4th thru the 10th, 2015, as Fire Prevention Week in the Town of Fountain Hills. ii) The Mayor will read a PROCLAMATION declaring October 2015 as Domestic Violence Awareness Month in the Town of Fountain Hills.  SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) UPDATE by Councilmember Cecil A. Yates regarding the MAG (Maricopa Association of Governments) Domestic Violence Committee. ii) Mayor Kavanagh may review RECENT EVENTS attended relating to Economic Development. 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. z:\council packets\2015\r151001\151001a rev150928.docx Last Printed: 9/28/2015 5:30 PM 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 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 September 17, 2015. 2. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Kenneth Joseph Galluppi, Owner/Agent of EBGN-TERPRISES DBA Hills’ Pizza & Desserts, located at 16726 El Pueblo Boulevard, #B, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 3. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by David Xide Zhang owner/agent of HD International LLC DBA HD Asian Bistro - located at 16740 E. Palisades Boulevard, #110, Fountain Hills, AZ. This is for a series 12 license (Restaurant). 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Cool Cats Rescue (Dana Thorton) for the promotion of a fundraiser to be held on Saturday, October 24, 2015, at the El Dorado Animal Hospital located at 16765 E. Parkview Avenue, Fountain Hills, AZ. 5. CONSIDERATION of RESOLUTION 2015-50, abandonment of four easement documents within the formerly platted area of Eagle Ridge North (currently re-platted as Adero Canyon.) (EA 2015-11): (i) 2003-1343417 MCR - 2 Public Utility and Service Vehicle Access Easement areas; (ii) 2003-1343418 MCR - an Ingress-Egress, Access, Utilities, Drainage, and Landscape Easement area; (iii) 2003-1343420 MCR - a Sight Visibility Easement; and (iv) 2003-1343421 MCR - 2 Sight Visibility Easement areas. REGULAR AGENDA ITEMS 6. CONSIDERATION of a FINAL REPLAT at 16750, 16800 & 16820 E. Paul Nordin Parkway and at 16845 E. Avenue of the Fountains (Plat 208, Block 7, Lots 1, 2, 3 & 5). Case # S2015-08 7. CONSIDERATION of RESOLUTION 2015-51, regarding a development agreement with MS-RCS Fountain Hills, L.L.C., for the Morningstar development related to storm water detention. Case #DA2015-02 8. 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. z:\council packets\2015\r151001\151001a rev150928.docx Last Printed: 9/28/2015 5:30 PM Page 4 of 4 9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, Individual Councilmembers, and the Town Manager. 10. ADJOURNMENT. DATED this 24th day of September, 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. rfCTWM OffOlLNTJAIN3{ILLS T'ROCLJAMJATiO^f lVhereas,home should be a place of warmth, unconditional love,tranquility,and security; Jlncf whereas,for most of us, home and family can indeed be counted among our greatest blessings; JLncf whereas,tragically for many Americans,these are blessings that are tarnished by violence and fear; JlruC whereas,women, men, young children and the elderly are all counted among the victims of domestic violence; Jlnd whereas,physical injuryand deaths occur and emotional scars are often permanent; Jina^whereas,law enforcement officials,shelters,hotline services,health care providers, the clergy and concerned citizens are helping in the effort to end domestic violence; J%na^whereas,we must recognize the compassion and dedication of these volunteers and professionals,applaud their efforts and increase public understanding of this important problem; Jlruf whereas,the Town Council approved Resolution 2013-44 on August 15, 2013, expressing support for the "Start by Believing Campaign"through the End Violence Against Women International organization; Now Therefore,I ,Linda M.Kavanagh,Mayor of the Town of Fountain Hills,Arizona,do hereby proclaim the month of October as Domestic Violence Jlwareness Month in Fountain Hills and urge all citizens to observe this month by becoming aware of the tragedy of domestic violence and supporting community efforts in working toward its end. Z>JIT£D This\A day ofOctober,2015. vanagh,Mayor &da M.Kava Attest: Bevelyn J.Benaer,Town Clerk m ilk redact redact redact redact redact TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:10/1/2015 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner rrodgers@fh.az.gov 480-816-5138 Strategic Planning Goal:Not Applicable (NA)Operational Priority:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2015-51,regarding a development agreement with MS-RCS Fountain Hills, LLC for the Morningstar development related to storm water detention. Case #DA2015-02 Applicant:N-Shea Group Applicant Contact Information:14555 N Scottsdale Rd.#240 Scottsdale,AZ 85254 480-315-9090 Owner:MS-RCS Fountain Hills, LLC Owner Contact Information:371 Centennial Pkwy #200 Louisville,CO 80027 303-466-2500 Property Location:16750,16800 &16820 E. Paul Nordin Pkwy, Fountain Hills,AZ 85268 Related Ordinance,Policy or Guiding Principle: Zoning Ordinance Chapter 2,Section 2.04 -Concept Plan Review Zoning Ordinance Chapter 2,Section 2.05 -Plan Review Zoning Ordinance Chapter 12 -Commercial Zoning Districts Staff Summary (background): The proposed Development Agreement will amend the Drainage Detention Requirements of the Subdivision Ordinance Section 5.05 and the Morningstar PAD Concept Grading &Drainage Plan to allow the Morningstar Assisted Living facilityto install a 151'-9"long x 28'-10"wide x 6'-0"deep,vertical walled detention basin rather than the underground storage system previously approved. Risk Analysis (options or alternatives with implications): Approval will allow the installation of a vertical walled detention basin on the Morningstar Assisted Living Facility site. Denial will require that the facility install the underground stormwater detention system as previously approved. Page 1 of 2 Fiscal Impact (initial and ongoing costs;budget status):NA Budget Reference (page number):NA Funding Source:NA If Multiple Funds utilized,listhere: NA Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s):Staff recommends approval of the Development Agreement as presented. List Attachment(s): Application Draft Development Agreement SUGGESTED MOTION (for Council use): Move to approve RESOLUTION 2015-51,regarding a development agreement with MS-RCS Fountain Hills,LLC for the Morningstar development related to storm water detention as presented. Prepared by: (Robert (Rodgers Robert Rodgers,Senior Planner 9/21/2015 Paul Mood,Development Services Director 9/22/2015 Approved: own Manager 9/23/2015 Page 2 of2 Morningstar PAD 2469867.1 RESOLUTION 2015-51 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE TOWN AND MS-RCS FOUNTAIN HILLS, LLC. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The Development Agreement between the Town of Fountain Hills and MS-RCS Fountain Hills, LLC is hereby approved in substantially the form and substance attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, October 1, 2015. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Grady E. Miller, Town Manager Andrew J. McGuire, Town Attorney 2469867.1 EXHIBIT A TO RESOLUTION 2015-51 [Development Agreement] See following pages.