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HomeMy WebLinkAbout170216A�t �n o� r MW mw. REVISED: 2-13-17 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Henry Leger FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 6:00 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2»d floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, FEBRUARY 16, 2017 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. z:\council packets\2017\rl70216\170216a.docx Last Printed: 2/13/2017 5:27 PM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 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, the Chaparral City Water rate case). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Bishop Larry Radford, Church of Jesus Christ of Latter Day Saints ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council 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. 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. z:\council packets\2017\r170216\170216a.docx Last Printed: 2/13/2017 5:27 PM Page 2 of 4 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 2, 2017. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for It Ain't Chemo (Kevin Hoyt) for the promotion of a fundraiser to be held at Fountain Park in conjunction with the Ragnar Relay event, from 9:00 AM to 9:00 PM on Saturday, March 11, 2017. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Harold Denomme) for the promotion 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 daily, beginning Friday, February 24, 2017, through Sunday, February 26, 2017. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Extended Hands Food Bank (David Iverson) for the promotion a fund raiser, in conjunction with Kern Entertainment's St. Patrick's Day/Arch Mahaffey Chili Cook Off to be held at Kern Entertainment, located at 16742 Parkview Drive, Fountain Hills, AZ, from 3:00 PM to 10:00 PM, Friday, March 17, 2017. 5. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Andy James Weiner, owner of Skullenwink, LLC d/b/a Dead Heat Brewing, located at 14825 E. Shea Blvd., Suite 101, Fountain Hills, A.Z. This is for a series 3 license (Microbrewery). 6. CONSIDERATION of approving RESOLUTION 2017-04, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of Plat 505B, Lot 82 (15644 E. Tepee Drive), as recorded in Book 158, Page 43, records of Maricopa County, Arizona. (EA2017-01) 7. CONSIDERATION of approving RESOLUTION 2017-05, abandoning whatever right, title, or interest the Town has in the certain 20' Public Utility and Drainage Easement located at the rear property line of Plat 505-D, Block 2, Lot 35 (16406 Dixie Mine Trail), as recorded in Book 158, Page 41, records of Maricopa County, Arizona, with stipulation. (EA 2016-03) REGULAR AGENDA 8. CONSIDERATION of APPOINTING three (3) Board of Adjustment Members, each to serve two (2) year terms, beginning on February 17, 2017, and ending January 31, 2019. 9. PRESENTATION by J2 Engineering and Environmental Design, LLC relating to the TOWN'S ADERO CANYON TRAILHEAD DESIGN. 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding EXTENDING undergrounding of the existing overhead 12 kV lines farther northward, revising part of Salt River Projects' Municipal Aesthetics Fund project (El Pueblo and Grande Conversion and 69 kV Replacement). z:\council packets\2017\r170216\170216a.docx Last Printed: 2/13/2017 5:27 PM Page 3 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. a. HB2213 - Government Property Lease Excise Tax (GPLET) — the request was made to add this bill for further discussion at the February 2, 2017 meeting. b. HB2179 — Municipalities, Counties: intergovernmental agreements, requirements c. HB2521 — TPT reform, contractors d. League of Cities and Towns — Bulletin #4 e. League of Cities and Towns — Bulletin #5 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 91h day of February, 2017. 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:\councilpackets\2017\rl7O2l6\170216a.docx Last Printed: 2/13/2017 5:27 PM Page 4 of 4 �t �n o� r MW mw. REVISED: 2-13-17 NOTICE OF THE EXECUTIVE AND REGULAR SESSIONS OF THE Councilmember Dennis Brown Vice Mayor Nick DePorter Councilmember Henry Leger FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 6:00 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2»d floor) 6:30 P.M. — REGULAR SESSION WHEN: THURSDAY, FEBRUARY 16, 2017 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. z:\council packets\2017\rl70216\170216a.docx Last Printed: 2/13/2017 5:27 PM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 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, the Chaparral City Water rate case). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Bishop Larry Radford, Church of Jesus Christ of Latter Day Saints ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) The Mayor and/or Council 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. 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. z:\council packets\2017\r170216\170216a.docx Last Printed: 2/13/2017 5:27 PM Page 2 of 4 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from February 2, 2017. 2. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for It Ain't Chemo (Kevin Hoyt) for the promotion of a fundraiser to be held at Fountain Park in conjunction with the Ragnar Relay event, from 9:00 AM to 9:00 PM on Saturday, March 11, 2017. 3. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the American Legion Post 58 (Harold Denomme) for the promotion 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 daily, beginning Friday, February 24, 2017, through Sunday, February 26, 2017. 4. CONSIDERATION of approving a SPECIAL EVENT LIQUOR LICENSE APPLICATION for the Extended Hands Food Bank (David Iverson) for the promotion a fund raiser, in conjunction with Kern Entertainment's St. Patrick's Day/Arch Mahaffey Chili Cook Off to be held at Kern Entertainment, located at 16742 Parkview Drive, Fountain Hills, AZ, from 3:00 PM to 10:00 PM, Friday, March 17, 2017. 5. CONSIDERATION of approving a LIQUOR LICENSE APPLICATION submitted by Andy James Weiner, owner of Skullenwink, LLC d/b/a Dead Heat Brewing, located at 14825 E. Shea Blvd., Suite 101, Fountain Hills, A.Z. This is for a series 3 license (Microbrewery). 6. CONSIDERATION of approving RESOLUTION 2017-04, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of Plat 505B, Lot 82 (15644 E. Tepee Drive), as recorded in Book 158, Page 43, records of Maricopa County, Arizona. (EA2017-01) 7. CONSIDERATION of approving RESOLUTION 2017-05, abandoning whatever right, title, or interest the Town has in the certain 20' Public Utility and Drainage Easement located at the rear property line of Plat 505-D, Block 2, Lot 35 (16406 Dixie Mine Trail), as recorded in Book 158, Page 41, records of Maricopa County, Arizona, with stipulation. (EA 2016-03) REGULAR AGENDA 8. CONSIDERATION of APPOINTING three (3) Board of Adjustment Members, each to serve two (2) year terms, beginning on February 17, 2017, and ending January 31, 2019. 9. PRESENTATION by J2 Engineering and Environmental Design, LLC relating to the TOWN'S ADERO CANYON TRAILHEAD DESIGN. 10. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding EXTENDING undergrounding of the existing overhead 12 kV lines farther northward, revising part of Salt River Projects' Municipal Aesthetics Fund project (El Pueblo and Grande Conversion and 69 kV Replacement). z:\council packets\2017\r170216\170216a.docx Last Printed: 2/13/2017 5:27 PM Page 3 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. a. HB2213 - Government Property Lease Excise Tax (GPLET) — the request was made to add this bill for further discussion at the February 2, 2017 meeting. b. HB2179 — Municipalities, Counties: intergovernmental agreements, requirements c. HB2521 — TPT reform, contractors d. League of Cities and Towns — Bulletin #4 e. League of Cities and Towns — Bulletin #5 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 91h day of February, 2017. 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:\councilpackets\2017\rl7O2l6\170216a.docx Last Printed: 2/13/2017 5:27 PM Page 4 of 4