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HomeMy WebLinkAbout170905AAIN�l ° n NOTICE OF THE MW mw. EXECUTIVE AND REGULAR SESSIONS OF THE 9y'hat�� ti°°e FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 4:45 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 5:30 P.M. — REGULAR SESSION WHEN: TUESDAY, SEPTEMBER 5, 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\rl70905\170905a.docx Last Printed: 8/29/2017 3:17 PM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: 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, (ii) 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 relating to the Palisades Resorts LLC Development Agreement and Planned Area Development). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Father John Les Callett, Vicar of the Anglican Church of Atonement ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) RECOGNITION of retiring Strategic Planning Advisory Commissioner Bernie Hoenle. iii) INTRODUCTION of the newly appointed Community Services Director (Rachael Goodwin) and Public Works Director (Justin Weldy). iv) RECOGNITION of the Fountain Hills Community Services Department for receiving two 2017 Arizona Parks and Recreation Association Awards for Best Facility Award for Populations Under 25,000: for the Musical Instrument Park and the Best Sports Program Award for NERF Wars. 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\2017\r170905\170905a.docx Last Printed: 8/29/2017 3:17 PM Page 2 of 4 Consent Agenda 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 August 15, 2017. 2. CONSIDERATION of RESOLUTION 2017-29, approving an intergovernmental agreement with the Fort McDowell Yavapai Nation relating to Proposition 202 funding. 3. CONSIDERATION of approving RESOLUTION 2017-30, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of Replat 604-D, Block 6, Lot 3 (15801 E Ocotillo Drive), as recorded in Book 277, Page 46, records of Maricopa County, Arizona. (EA2017-05) 4. CONSIDERATION of approving a PROFESSIONAL SERVICE AGREEMENT (2018- 033) for graphic design services with Miss Details Design, for one year with four renewals, not to exceed $100,000.00. 5. CONSIDERATION of approving an AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT C2016-176, between Synergy Petroleum, LLC and the Town of Fountain Hills, for bulk fuel purchasing in an amount of $15,000, for a contract total not to exceed $127,000. Regular Agenda 6. PUBLIC HEARING to receive comment on the Town of Fountain Hills' BIENNIAL DEVELOPMENT IMPACT FEE AUDIT REPORT, presented by Kevin Burnett, Senior Project Manager, with Willdan Financial Services. 7. PUBLIC HEARING to receive comments on ORDINANCE 17-09, an amendment to the Town of Fountain Hills Official Zoning District Map for approximately 16.5 acres located at 13225 North Eagle Ridge Drive in Fountain Hills, Arizona, as shown in Case No. Z2017- 02, by modifying the previously -adopted Planned Area Development (CopperWynd Pad). (Case #Z 2017-08) 8. CONSIDERATION of ORDINANCE 17-09, an amendment to the Town of Fountain Hills Official Zoning District Map for approximately 16.5 acres located at 13225 North Eagle Ridge Drive in Fountain Hills, Arizona, as shown in Case No. Z2017-02, by modifying the previously -adopted Planned Area Development (CopperWynd Pad). (Case #Z 2017-08) 9. CONSIDERATION of RESOLUTION 2017-27, the first amendment to development agreement between the Town and Palisades Resorts, LLC. (Case #DA 2017-01.1) z:\council packets\2017\r170905\170905a.docx Last Printed: 8/29/2017 3:17 PM Page 3 of 4 10. PUBLIC HEARING to receive comments on ORDINANCE 17-08, amending the Fountain Hills Zoning Ordinance relating to canyon -side lots, by adding a new Section 5.10 — Canyon -Side Lot Regulations, amending Section 1.12, Definitions, and modifying the single-family zoning district density, area, building and yard regulations Chart in Section 10.09. Case #Z2017-06 11. CONSIDERATION of ORDINANCE 17-08, amending the Fountain Hills Zoning Ordinance relating to canyon -side lots, by adding a new Section 5.10 — Canyon -Side Lot Regulations, amending Section 1.12, Definitions, and modifying the single-family zoning district density, area, building and yard regulations Chart in Section 10.09. Case #Z2017-06 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 29th day of August, 2017. 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\2017\r170905\170905a.docx Last Printed: 8/29/2017 3:17 PM Page 4 of 4 AIN�l ° n NOTICE OF THE MW mw. EXECUTIVE AND REGULAR SESSIONS OF THE 9y'hat�� ti°°e FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger Vice Mayor Alan Magazine Councilmember Art Tolis Councilmember Cecil A. Yates TIME: 4:45 P.M. — EXECUTIVE SESSION (Executive Session will be held in the Fountain Conference Room - 2nd floor) 5:30 P.M. — REGULAR SESSION WHEN: TUESDAY, SEPTEMBER 5, 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\rl70905\170905a.docx Last Printed: 8/29/2017 3:17 PM Page 1 of 4 EXECUTIVE SESSION AGENDA CALL TO ORDER — Mayor Linda M. Kavanagh 1. ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: 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, (ii) 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 relating to the Palisades Resorts LLC Development Agreement and Planned Area Development). 2. ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Father John Les Callett, Vicar of the Anglican Church of Atonement ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Mayor Kavanagh and/or Council may review RECENT EVENTS attended relating to Economic Development. ii) RECOGNITION of retiring Strategic Planning Advisory Commissioner Bernie Hoenle. iii) INTRODUCTION of the newly appointed Community Services Director (Rachael Goodwin) and Public Works Director (Justin Weldy). iv) RECOGNITION of the Fountain Hills Community Services Department for receiving two 2017 Arizona Parks and Recreation Association Awards for Best Facility Award for Populations Under 25,000: for the Musical Instrument Park and the Best Sports Program Award for NERF Wars. 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\2017\r170905\170905a.docx Last Printed: 8/29/2017 3:17 PM Page 2 of 4 Consent Agenda 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 August 15, 2017. 2. CONSIDERATION of RESOLUTION 2017-29, approving an intergovernmental agreement with the Fort McDowell Yavapai Nation relating to Proposition 202 funding. 3. CONSIDERATION of approving RESOLUTION 2017-30, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easement located at the rear property line of Replat 604-D, Block 6, Lot 3 (15801 E Ocotillo Drive), as recorded in Book 277, Page 46, records of Maricopa County, Arizona. (EA2017-05) 4. CONSIDERATION of approving a PROFESSIONAL SERVICE AGREEMENT (2018- 033) for graphic design services with Miss Details Design, for one year with four renewals, not to exceed $100,000.00. 5. CONSIDERATION of approving an AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT C2016-176, between Synergy Petroleum, LLC and the Town of Fountain Hills, for bulk fuel purchasing in an amount of $15,000, for a contract total not to exceed $127,000. Regular Agenda 6. PUBLIC HEARING to receive comment on the Town of Fountain Hills' BIENNIAL DEVELOPMENT IMPACT FEE AUDIT REPORT, presented by Kevin Burnett, Senior Project Manager, with Willdan Financial Services. 7. PUBLIC HEARING to receive comments on ORDINANCE 17-09, an amendment to the Town of Fountain Hills Official Zoning District Map for approximately 16.5 acres located at 13225 North Eagle Ridge Drive in Fountain Hills, Arizona, as shown in Case No. Z2017- 02, by modifying the previously -adopted Planned Area Development (CopperWynd Pad). (Case #Z 2017-08) 8. CONSIDERATION of ORDINANCE 17-09, an amendment to the Town of Fountain Hills Official Zoning District Map for approximately 16.5 acres located at 13225 North Eagle Ridge Drive in Fountain Hills, Arizona, as shown in Case No. Z2017-02, by modifying the previously -adopted Planned Area Development (CopperWynd Pad). (Case #Z 2017-08) 9. CONSIDERATION of RESOLUTION 2017-27, the first amendment to development agreement between the Town and Palisades Resorts, LLC. (Case #DA 2017-01.1) z:\council packets\2017\r170905\170905a.docx Last Printed: 8/29/2017 3:17 PM Page 3 of 4 10. PUBLIC HEARING to receive comments on ORDINANCE 17-08, amending the Fountain Hills Zoning Ordinance relating to canyon -side lots, by adding a new Section 5.10 — Canyon -Side Lot Regulations, amending Section 1.12, Definitions, and modifying the single-family zoning district density, area, building and yard regulations Chart in Section 10.09. Case #Z2017-06 11. CONSIDERATION of ORDINANCE 17-08, amending the Fountain Hills Zoning Ordinance relating to canyon -side lots, by adding a new Section 5.10 — Canyon -Side Lot Regulations, amending Section 1.12, Definitions, and modifying the single-family zoning district density, area, building and yard regulations Chart in Section 10.09. Case #Z2017-06 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 29th day of August, 2017. 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\2017\r170905\170905a.docx Last Printed: 8/29/2017 3:17 PM Page 4 of 4