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HomeMy WebLinkAbout2015.1001.TCREM.Minutesz:\council packets\2015\r151015\151001m.docx Page 1 of 6 TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 1, 2015 EXECUTIVE SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the Executive Session to order at 5:01 p.m. in the Fountain Conference Room - 2nd Floor. AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis Brown, Councilmember Nick DePorter, Councilmember Cecil Yates, Councilmember Cassie Hansen, Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Grady Miller, Town Attorney Andrew McGuire, Town Clerk Bevelyn Bender, Development Services Manager Paul Mood and Senior Planner Bob Rodgers were also present. (Mr. Mood and Mr. Rodgers left the meeting at 5:56 p.m.) Pursuant to (i) 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). Vice Mayor Brown MOVED to go into Executive Session at 5:01 p.m. and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #2 - ADJOURNMENT. The Executive Session adjourned without objection at 6:31 p.m. REGULAR SESSION Mayor Kavanagh apologized for the late start and explained that the Council had been in an Executive Session that lasted quite a while. * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:40 p.m. * INVOCATION - Pastor Tony Pierce, First Baptist Church of Fountain Hills. * ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis Brown, Councilmember Nick DePorter, Councilmember Cecil Yates, Councilmember Cassie Hansen, Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Grady Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. * 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. z:\council packets\2015\r151015\151001m.docx Page 2 of 6 Mayor Kavanagh stated that the Town of Fountain Hills is committed to ensuring the safety and security of all those living in and visiting the Town and fire is a serious public safety concern both local ly and nationally and homes are the locations where people are at the greatest risk of fire. She reported that home fires killed more than 2,755 people in the United States in 2013 and added that Fire Departments in the United States responded to 369,500 home fires. She emphasized the fact that working smoke alarms cut the risk of dying in reported home fires in half and three out of five home fire deaths result from fires in properties without working smoke alarms (in one fifth of all homes with smoke alarms, none were working and when smoke alarms should have operated but did not do so it was usually because batteries were missing, disconnected or dead). She said that half of home fire deaths result from fires reported between 11:00 p.m. and 7:00 a.m. when most people are asleep and strongly encouraged all Town residents to install smoke alarms in every sleeping room, outside each separate sleeping area and on every level of the homes. She further advised that residents who have planned and practiced a home fire escape plan are more prepared and will be more likely to survive a fire. She noted that the Town's first responders are dedicated to reducing the occurrences of home fires and home fire injuries through prevention and protection education and added that residents are responsive to public education measures and are able to take personal steps to increase their safety from fire, especially in their homes. She pointed out that the 2015 Fire Prevention Week theme is "Hear the Beep Where You Sleep, Every Bedroom Needs a Working Smoke Alarm" and said that it effectively serves to remind everyone that they need working smoke alarms to give them the time to get out safely. The Mayor proclaimed October 4th through the 10th, 2015 as Fire Prevention Week throughout the Town of Fountain Hills and urged all residents to follow the safety instructions mentioned above and to support the many public safety activities and efforts of Fountain Hills' fire and emergency services during Fire Prevention Week 2015. ii) The Mayor will read a Proclamation declaring October 2015 as Domestic Violence Awareness Month in the Town of Fountain Hills. Mayor Kavanagh advised that home should be a place of warmth, unconditional love, tranquility and security and for most, home and family can be counted among their greatest blessings. She noted that tragically for many Americans, these are blessings that are tarnished by violence and fear and women, men, young children and the elderly are all counted among the victims of domestic violence. She said that physical injury and deaths occur and emotional scars are often permanent and law enforcement officials, hotline services, health care providers, the clergy and concerned citizens are helping in the effort to end domestic violence. She stressed the importance of recognizing the compassion and dedication of these volunteers and professionals, applaud their efforts and increase public understanding of this important problem. She reported that 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. The Mayor proclaimed the month of October as Domestic Violence Awareness Month in Fountain Hills and urged a ll citizens to observe the month by becoming aware of the tragedy of domestic violence and supporting community efforts in working towards its end. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Update by Councilmember Cecil A. Yates regarding the MAG (Maricopa Association of Governments) Domestic Violence Committee. Councilmember Yates announced that Governor Doug Ducey has also named the month of October Domestic Violence Awareness Month and it is virtually a "go purple" month. He noted that this evening there is sea of purple and he thanked everyone who participated and wore the color purple. He reported that MAG just finished putting out an RFP (Request for Proposals) for a consultant regarding how domestic violence cases are transferred -- an incident might happen in Mesa and then that couple might move to Fountain Hills or Gilbert and they weren't doing a very good job of tracking them when they would go to a different municipality. He said that the company they hired is called Business Enterprise Map and they have done a great job so far. He explained that their work basically consists of creating a flow chart to find out how municipalities communicate with each other (law enforcement, etc.) when these things get registered and then they move somewhere else. He added that in the past there has been a big disconnect and it was almost like the process was starting over again. He thanked the company for performing this important work. He further stated that they are working with another organi zation called Bloom for Healthy Teen Relationships and they are rebranding themselves to Bloom 365. He noted that one of the big things that they have been talking about at the Committee meetings is to be as proactive and pre-emptive as possible -- where do these things start? He said as everyone can imagine, it perpetuates itself if their parents partook in domestic violence but z:\council packets\2015\r151015\151001m.docx Page 3 of 6 also at early dating stages. He advised that they are finding that teenagers between the ages of 12 and 16 years old, in their early relationships, experience this. He stated that they did a big presentation about social media and the way Hollywood portrays what is considered masculine and what is considered feminine and things of that nature. He added that basically Bloom 365 is really doing an excellent job at going into the high schools, that 13 to 15 year old sweet spot, and talking to them about what a healthy relationship is, what dating really is, and what is considered healthy dating. He said that it is scary to find out that with the few students they have done this with so far, the feedback is pretty troubling, meaning that they don't know what healthy dating is yet and they don't know what healthy relationships are and they are inundated with social media and everything else. He advised that for $35 they can do a 7-day class but it is exponential the knowledge these students have when they come out of these classes, even some students whose parents were in domestic violence situations are now coming out of their shell and they have stopped cutting themselves or causing bulimia, etc., some of the problems that stem from this. He encouraged people to go to gopurple.org, which is the new Bloom 365 website and check it out. He said that they are in the process of trying to raise as much money as possible and increase awareness of this growing problem. He reiterated the positive impact attending the 7-day class can have on youths and noted that obviously their goal is to try and get to the root cause, the beginning of this, so they start seeing domestic violence decrease. He further advised that the Committee also discussed how talks have been going on about tragic brain injuries that result from NFL (National Football League) games and how domestic violence often causes tragic brain injuries as well and this is a very dangerous situation. He stated that the MAG Domestic Violence Committee's minutes can be found at azmag.gov and anyone interested can log on and see what they are up to. He added that they are also working on their five-year plan and honing in on a formal structure/formal hierarchy so they can work with all of the municipalities in Maricopa County, legal entities as well as law enforcement agencies, to really get this going and stop where domestic violence starts. ii) The Mayor may review recent events attended relating to Economic Development. Mayor Kavanagh advised that when she attends the Maricopa Association of Governments (MAG) meetings in Phoenix each month, many times the agenda items are just follow-ups of previously presented items with no real changes. She stated, however, that at their last meeting, there was a brand new presentation and reported that MAG is in the preliminary stages of a study to provide high speed rail from Phoenix to Tucson. She noted that they have a route planned with stops in several cities along the way and added that this is just the beginning and, wit h how long it takes to build one lane on the 101, she can't even imagine how long something like this will take. She stated that maybe her 8-year old grandson will be riding it some day to college but that is what MAG does, plans for the future. CALL TO THE PUBLIC None. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM SEPTEMBER 17, 2015. AGENDA ITEM #2 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION SUBMITTED BY KENNETH JOSEPH GALLUPPI, OWNER/AGENT OF EBGN-TERPRISES DBA HILLS' PIZZA 7 DESSERTS, LOCATED AT 16726 EL PUEBLO BOULEVARD, #B, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE (RESTAURANT) AGENDA ITEM #3 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION SUBMITED 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) z:\council packets\2015\r151015\151001m.docx Page 4 of 6 AGENDA ITEM #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. AGENDA ITEM #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, ACCCESS, UTILITIES, DRAINAGE AND LANDSCAPE ESEMENT AREA; (III) 2003 - 1343420 MCR - A SIGHT VISIBILITY EASEMENT AND (IV) 2003-1343421 MCR - 2 SIGHT VISIBILITY EASEMENT AREAS. Vice Mayor Brown MOVED to approve the Consent Agenda as listed and Councilmember Yates SECONDED the motion. A roll call vote was taken with the following results: Mayor Kavanagh Aye Vice Mayor 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). REGULAR AGENDA AGENDA ITEM #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 Town Manager Grady Miller addressed the Council relative to this agenda item and stated that staff had thought that this item would be ready for discussion and possible consideration by this time but the applicant is still in the process of obtaining signatures for the replat and was not able to submit the required documents in time for this evening's meeting. He requested that this item be tabled until the October 15th meeting. Councilmember Leger MOVED to table the Final Replat to the Council's October 15, 2015 meeting as requested and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #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 Town Manager Grady Miller addressed the Council relative to this agenda item and advised that before them is a request for a Resolution which would adopt a development agreement between the Town and the developers of the Morningstar Development. He explained that essentially when this item went through the Planned Area Development (PAD) process, which is approved by Planning & Zoning and the Mayor and Council, there was a slight variation going from an underground detention basin solution for the storm water detention to below grade. He stated that Development Services Director Paul Mood would go into more specific details relative to this item. Mr. Mood addressed the Council and provided the location of the Morningstar Assisted Living Facility. He highlighted a brief PowerPoint presentation (Copy available on line and in the office of the Town Clerk). He noted z:\council packets\2015\r151015\151001m.docx Page 5 of 6 that the site is a little over three acres in size and is currently comprised of three individual lots. He stated that when this went to P&Z and Council as well as the first submittal to the Town and their third party plan reviewer, they had screened back the building and this was shown as an underground detention basin where there would be a manhole or a grate in the parking lot and then the storm water would collect, drain into an open, sloped, natural detention basin and it would pipe across the site into another basin. He noted that all of the drainage from this area and the parking lot would go into the underground detention basin as well as this basin. He added that there are some courtyards in the middle of the building and an atrium so that would also drain and it would slope and bleed into the 48 inch storm drain. He explained that what typically happens is that they need to retain the amount of runoff that they are creating in excess of what is currently there and the system is designed to let it bleed off within 36 hours. Mr. Mood informed the Council that the second plan came in and the two underground detention basins under the pavement were removed as well as two of the natural, open detention basins. He noted that there is one open detention basin that will collect water from the west side and it would pipe it into a new detention basin and this basin is approximately 152-feet long, 20-feet wide, with a six-foot vertical wall on one end sloping down to a four-foot vertical wall on the far east end. He explained that this does not conform to what was shown to Planning & Zoning but went to Council with the Town's Subdivision Ordinance, which calls for detention basins with a three -to-one slope. He added that this is using vertical walls and this open, natural basin would have the three-to-one slopes. He said that he doesn't see anyone from the development team present but indicated his willingness to respond to any questions from the Council. He further stated that he provided Council with copies of the landscape plan and the detail of what the vertical walls would look like. There were no citizens wishing to speak on this agenda item. Vice Mayor Brown MOVED to approve Resolution No. 2015-51, regarding a development agreement with MS-RCS Fountain Hills, L.L.C., for the Morningstar development related to storm water detention as presented with the following stipulations: That the retaining walls are made of a similar material as the rest of the building, a decorative wall and not just a grey wall; that the landscaping be maintained as the rest of the area would be maintained and that the fences and guardrails match the existing fences for the rest of the project and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #8 - 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. i) None. AGENDA ITEM #9 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER. Mayor Kavanagh stated that the meeting last month was so long that she delayed an update on her activities but she will present that report at this time. She advised that she attended the Elks 911 tribute to their First Responders and said that it was a great event and it was so awesome for the Elks to honor their firemen and women. She noted that the Elks are an outstanding, community minded group who are heavily involved with volunteer work in Town. She added that she had attended a fundraiser called Pratham USA, which is a group that operates schools for children in India. She commented on the fact that it was an outstanding event that they shared with Comfort Inn owners Sam and Rupa Trivedi and said that Sam is the coordinator of the new library books' program for the kids who very often only own one book. She stated that she was interviewed at the event by a reporter and men tioned in the current edition of The Times of India. She added that coincidentally at this event she was introduced to the doctors who will be running the Southwest Kidney Institute Dialysis Center here in Town and said it was great to meet them personall y. She advised that they specifically mentioned Jim Judge, one of the Town's long-time volunteers who has been trying to bring the Institute here for the past three years. She said that she also met a woman dentist who is opening a practice in Town and stated that it was awesome to personally meet all of these doctors and assure them of the welcome they will receive in Fountain Hills. She further stated that in keeping with her support for their Sister Cities Program and their newest addition of Zamosc, Poland, she attended the annual Polish Heritage Festival with Consul Bogumil and Elizabeth Horshem, both long-time residents of Fountain Hills. She reported that they had a great weekend of z:\council packets\2015\r151015\151001m.docx Page 6 of 6 Oktoberfest and in keeping with the German tradition, she got to tap the keg and proclaim, "O Zapst Is," -- "It is tapped." She commented on how much fun the event was for the Town's families, with great entertainment, food and booths and the authentic strudel was delicious. She thanked the Sister Cities organization, Amvets, Elks, Town of Fountain Hills and she named a few people who worked so hard on this event and for the fun family weekend including Christine Colley, Phyliss Kern, Sam Coffee, Denise Rickerts, their Town Recreation Supervisor Rachael Goodwin and Tourism Coordinator Grace Rodman-Guetter and Heather Ware, Town Volunteer Coordinator. She added that she had the opportunity to tour the Carl T. Hayden Veteran's Hospital in Phoenix with State Senator Kavanagh and advised that they had both heard so many stories from Town residents that they wanted to see the facility for themselves. She advised that she believes they set up the tour to present the changes they have initiated and all of their patient care improvements. She added that the last activity of t he month was their participation in the annual Fountain Hills High School Homecoming Parade on the Avenue -- Go Falcons! Mayor Kavanagh thanked everyone including staff for wearing purple in support of Domestic Violence Awareness Month in the Town of Fountain Hills. AGENDA ITEM #10 - ADJOURNMENT Councilmember Yates MOVED to adjourn the meeting and Vice Mayor Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:07 p.m. TOWN OF FOUNTAIN HILLS By _______________________________ Linda M. Kavanagh, Mayor ATTEST AND PREPARED BY: _________________________ Bevelyn J. 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 Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 1st day of October, 2015. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of October, 2015. _____________________________ Bevelyn J. Bender, Town Clerk