HomeMy WebLinkAbout2017.0919.TCREM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 19, 2017
REGULAR SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 5:31 p.m. in the Fountain Hills Town Hall Council Chambers.
INVOCATION — Paster Keith Pavia, Christ's Church of Fountain Hills
ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh,
Vice Mayor Alan Magazine, Councilmember Nick DePorter, Councilmember Cecil Yates, Councilmember
Dennis Brown, and Councilmember Art Tolis. Town Manager Grady E. Miller, Town Attorney Andrew
McGuire and Town Clerk Bevelyn Bender were also present. Councilmember Henry Leger attended via
conference call.
MAYOR'S REPORT
i) None.
SCHEDULED PUBLIC APPREARANCES/PRESENTATIONS
i) THE MAYOR AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO
ECONOMIC DEVELOPMENT.
Councilmember Yates reminded everyone that October was "Domestic Violence Month" and pointed out that
various activities were planned and encouraged everyone to check out mag.org/domesticuiolence website for
more information.
Mayor Kavanagh reported that Maricopa Association of Government's (MAG) Economic Development meeting
was held at Grand Canyon University (GCU). She noted that the university was founded 68 years ago by the
Southern Baptist Church and previously known as Grand Canyon College with its first campus located in an
abandoned armory building in Prescott, Arizona. She added that two years later the college relocated to Phoenix
where GCU began to build a strong reputation as a premier private Christian university. She stated that GCU
started with 900 students and grew to 19K and it's expected that their enrollment will hit 30K within five years,
not including the 65K students currently online studying for their master's and doctoral degrees.
The Mayor reported that about 25% of GCU students were from California and that the University did not charge
out-of—state tuition and that the college reported that many California students make their home in Arizona after
receiving their degree. Mayor Kavanagh stated that GCU had grown from a 100 acre campus to 300 acres and
that they anticipate an additional 100 acres to be acquired within the next five years and that this would be
accomplished by buying blighted areas around the GCU school campus as this helps keep students safer; the
college indicated they had also hired Phoenix Police Officers to patrol the GCU campus. Mayor Kavanagh added
that GCU has given scholarships to students who could not afford to attend college and that they had reached out
to the surrounding neighborhood and local schools to encourage students to attend college with great success.
GCU indicated this helped improve the neighborhood by reducing gang activity and that they had made efforts to
hire those in the neighborhood for campus jobs.
ii) THE MAYOR WILL READ A PROCLAMATION DECLARING NOVEMBER 28, 2017, AS "GIVING
TUESDAY" IN THE TOWN OF FOUNTAIN HILLS.
Mayor Kavanagh stated that this proclamation was brought forward by Susan Henderson, a member of the
Fountain Hills Theater, proclaiming November 28, 2017, as "Giving Tuesday" in the Town of Fountain Hills.
The proclamation encourages all citizens to join together to give back to the community in any way that was
personally meaningful. Mayor Kavanagh presented Ms. Henderson and the Theater Board Member President,
Sandy McGee, with the proclamation.
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CALL TO THE PUBLIC
Mayor Kavanagh read a statement regarding the public's participation during a council meeting for clarification
purposes. The Mayor asked if there were requests to speak and Town Clerk Bevelyn Bender answered that three
requests were received.
Gene Mikolajczyk, a Fountain Hills resident, expressed his opinion regarding the Park Place Developer's non-payment
of required fees and presented a copy of his remarks to the Town Clerk.
Mike Archambault, a Fountain Hills resident, addressed the Park Place Developer's fees lack of payment of funds
owed to the Town and expressed his support for Council to uphold the collection of the total amount due from this
development.
Pam Agaloo, a Fountain Hills resident, remarked on the necessary safety of the Town's students while on campus and
mentioned she was a member of the Fountain Hills Coalition and spoke in support to give student's a confidential
platform to express their concerns regarding campus safety.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM SEPTEMBER 5, 2017.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2017-26, APPROVING AN AMENDMENT TO
THE INTERGOVERNMENTAL AGREEMENT WITH THE REGIONAL PUBLIC TRANSPORTATION
AUTHORITY RELATING TO TRANSIT SERVICES.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING RESOLUTION 2017-31, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY
AND DRAINAGE EASEMENT LOCATED AT THE NORTHWESTERLY SIDE PROPERTY LINE OF
PLAT 206, BLOCK 4, LOT 11 (16540 E. ARROYO VISTA DRIVE), AS RECORDED IN BOOK 147, PAGE
02, RECORDS OF MARICOPA COUNTY, ARIZONA. (EA2017-06)
AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2017-32, RATIFYING THE TOWN
MANAGER'S EXECUTION OF A COOPERATION AGREEMENT WITH MARICOPA COUNTY FOR
THE TOWN OF FOUNTAIN HILLS TO PARTICIPATE IN THE URBAN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (CDBG).
AGENDA ITEM #5 - CONSIDERATION OF APPROVING THE SECOND AMENDMENT FOR
COOPERATIVE PURCHASING AGREEMENT C2017-079 WITH UTILITY CONSTRUCTION INC, IN
THE AMOUNT OF $10,240.00, FOR ADDITIONAL LIGHTING UPGRADES TO FOUNTAIN PARK,
DESERT VISTA PARK, AND FOUR PEAKS PARK.
Councilmember Yates MOVED to approve the consent agenda as listed and Councilmember DePorter SECONDED
the motion. A roll call vote was taken with the following results:
Mayor Kavanagh
Aye
Vice Mayor Magazine
Aye
Councilmember DePorter
Aye
Councilmember Brown
Aye
Councilmember Yates
Aye
Councilmember Tolis
Aye
Councilmember Leger
Aye
The motion CARRIED UNANIMOUSLY (7-0).
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REGULAR AGENDA
AGENDA ITEM #6 - CONSIDERATION OF APPOINTING TWO (2) PLANNING AND ZONING
COMMISSIONERS FOR TWO YEAR TERMS BEGINNING ON OCTOBER 1, 2017, THROUGH
SEPTEMBER 30, 2019.
Mayor Kavanagh MOVED to appoint Susan Dempster and Christopher Jones to serve on the Town of Fountain Hills
Planning and Zoning Commission and for each to serve two-year terms beginning October 1, 2017, until September
30, 2019.
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none had been received.
Mayor Kavanagh asked for Council comments or discussion and if not requested a second on her motion.
Councilmember Tolis SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
Mayor Kavanagh thanked Ms. Dempster for applying again to service on this commission and acknowledged the
newest member of the Commission Mr. Jones.
AGENDA ITEM #7 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE
SUNSET OF THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION.
Town Manger Grady Miller provided background information the McDowell Mountain Preservation Commission
(MMPC) and explained its sunset date. Mr. Miller stated that staff had recommended the MMPC continue until the
completion of the Adero Canyon Trailhead project estimated to be completed in January 2019.
Mayor Kavanagh requested Bill Myers, Chair of the MMPC approach the podium.
Mr. Myers agreed that the MMPC should continue and requested the Council remove the sunset date completely. Mr.
Myers explained that the commission had many objectives besides the trailhead project in 2017 to be addressed and
there was more to be accomplished in the future by this commission. Mr. Myers thanked Council for their support for
their approval and construction of the Adero Canyon Trailhead. He stated that if the main reason to sunset the
commission was the Town's reduced staffing level and the additional work needed to provide staff support for the
Commission, the Commission was willing to discuss ideas to reduce their workload.
Mayor Kavanagh commented that the MMPC had been great stewards of the preserve in making it a wonderful place.
Mayor Kavanagh asked if there were any speaker cards and Ms. Bender answered one had been received.
Walter Maiwald, a Fountain Hills resident, requested the Council keep the MMPC as an open ended entity in the best
interest of the Town.
Mayor Kavanagh asked for Council's remarks.
Vice Mayor Magazine asked for clarification on why the four advisory commissions were consolidated in 2014 and
questioned if the Community Services Advisory Commission and the MMPC could work together on priorities.
Mr. Miller answered that there were a number of issues considered that had involved the duplications of staff's efforts
regarding support for each Commission regarding meetings preparations (agendas, post action notices, and minutes) as
well as their attendance at the various meetings. Mr. Miller pointed out that the MMPC was an active commission
with a clear scope and mission.
Councilmember Yates agreed with Mr. Miller regarding the Council's discussion a few years ago regarding the
consolidation of commissions.
Councilmember Yates MOVED to remove the sunset date and Vice Mayor Magazine SECONDED the motion.
Councilmember Brown moved to AMEND the motion to leave the sunset date in place but hold a work study session
to allow staff to give their input on the MMPC.
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Councilmember Yates clarified the language on the Councilmember Brown's revised motion and rescinded his
previous motion as did the Vice Mayor.
Councilmember Yates moved to TABLE action until a work study could be held and Councilmember Brown
SECONDED motion.
Mr. Miller pointed out that the MMPC would sunset in December 2017 and it would be difficult to schedule a work
study due to a heavy calendar schedule and suggested Council approve a one year extension. Mr. Miller then
requested that Community Development Director Rachael Goodwin explain staff's perspective relating to the MMPC
and the commission's requirements and staff involvement.
Ms. Goodwin stated that staff had worked with the MMPC and agreed with Council's discussion on its value and
expressed that this commission was very active in various areas of the Town's growth. She indicated there had been
four commissions at that time and she offered the opinion that at this point she would like to see the MMPC continue.
Councilmember Yates rescinded his motion and MOVED to remove the sunset date and Councilmember Tolis
SECONDED the motion.
Councilmember Tolis added that he would like for the Chairman of the MMPC to possibly report back to Council on a
quarterly bases on their activity.
Mayor Kavanagh asked for a vote on the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #8 - CONSIDERATION OF AUTHORIZING STAFF TO SUBMIT AN APPLICATION TO
THE MARICOPA ASSOCIATIONS OF GOVERNMENTS (MAG) FOR FEDERAL AID FUNDING
[CONGESTION MITIGATION AND AIR QUALITY (CMAQ) AND TRANSPORTATION ALTERNATIVES
(TA-MAG)l FOR AN URBAN TRAIL ALONG GLENBROOK BOULEVARD WITH ESTIMATED
FUNDING: GRANT - $700,000; TOWN - $250,000.
Town Manager Miller explained that Town Engineer Randy Harrel had investigated funding sources through the
Maricopa Association of Governments (MAG) and found funding for a "Congestion Mitigation and Air quality
(CMAQ)" project to build a detached pedestrian path along the south side of Glenbrook Boulevard (Bainbridge Drive
to Fountain Hills Boulevard. Mr. Miller added that staff had considered multiple options for this funding and the
Glenbrook Boulevard project held the most merit and would effectively complete the McDowell Mountain Urban Trail
which would add approximately 7,000 feet of concrete trail.
Mr. Harrell gave a brief presentation from a staff report discussing information included a PowerPoint presentation
(available on line or in the office of the Town Clerk). He stated staff recommended approval.
Mayor Kavanagh asked for a description of the trail system and Mr. Harrel explained that the trail would be a concrete
walk-way and bike-way.
Councilmember Tolis asked if there was a difference in a trail versus a sidewalk and Mr. Harrel responded that the trail
was a detached wide walk-way located a distance of between 4 to 20 feet from the roadway and noted the language
using "trail" was due to the project being part of the urban trail plan.
Mayor Kavanagh asked if Glenbrook Boulevard had an existing sidewalk and Mr. Harrel answer there was not.
Mr. Miller remarked that Glenbrook Boulevard was a wide street and that this project would narrow down a wide
street and help mitigate traffic.
Councilmember Tolis expressed his support for the project.
Councilmember DePorter agreed this project was a great idea for many reasons.
Councilmember DePorter MOVED to authorize staff to submit an application to the Maricopa Association of
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Governments (MAG) for CMAQ/TA-MAG grant funding for the Glenbrook Boulevard Urban Trail Project and Vice
Mayor Magazine SECONDED the motion.
Mayor Kavanagh asked for further comments from Council.
Councilmember Yates stated the opinion that this project met the Town's Vision and Strategic Plans and thanked staff
for their hard work.
Mayor Kavanagh asked for a vote, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #9 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
None.
AGENDA ITEM #10 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER.
Mayor Kavanagh stated that she attended the quarterly East Valley Mayor's luncheon, which was also attended by
seven other Mayors and the Salt River President Delbert Ray and Fort McDowell President Bernadine Burnett. She
added it was a very productive meeting with all attendees talking about issues that affected the east valley.
Mayor Kavanagh also attended the opening event for the "Leadership Academy" along with Councilmember Yates,
Councilmember DePorter, Councilmember Tolis, Vice Mayor Magazine and Town Manager Grady Miller. Mayor
Kavanagh expressed on behalf of Council, congratulations to those Fountain Hills residents who were taking their time
to learn about the workings of their Town.
Councilmember Tolis, a recent graduate of the Academy, added that this was a great program and he encouraged
residents who were interested in attending to contact the Fountain Hills Civic Association. Vice Mayor Magazine
added he was pleased to see so many of the graduates getting involved in Town organizations.
Councilmember Yates and Councilmember DePorter talked about the recent Mayor's Youth council meeting.
Councilmember DePorter remarked that there were various aged students in attendance and that the students had been
very engaged during their discussions regarding how the Town operates; Mr. Miller agreed.
AGENDA ITEM #11— ADJOURNMENT
Mayor Kavanagh reminded everyone that Council would be convening the Executive Session in the Fountain
Conference Room immediately following the adjournment of the regular Council meeting.
Councilmember Brown MOVED to adjourn the meeting and Councilmember Yates SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 6:22 p.m.
EXECUTIVE SESSION
Mayor Kavanagh called the Executive Session to order in the Fountain Conference Room - 2nd Floor, Town Hall.
AGENDA ITEM#1 — ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO:
A.R.S. 4 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 N-SHEA GROUP, LLC VS. TOWN OF FOUNTAIN HILLS
AND THE PARK PLACE DEVELOPMENT AGREEMENT).
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Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Alan
Magazine, Councilmember Cecil Yates, Councilmember Dennis Brown, Councilmember Art Tolis, and
Councilmember Nick DePorter. Town Manager Grady E. Miller, Town Attorney Andrew McGuire, Gust Rosenfeld
Attorney Gary Verburg, Finance Director Craig Rudolphy, Development Services Director Bob Rodgers and Town
Clerk Bevelyn Bender were also present. Roger Brooks, Deputy Director of Building Safety with Willdan Engineering
was present for a portion of the meeting arriving at 6:56 PM and leaving the meeting at 7:35 PM.
Councilmember Henry Leger attended via conference call.
Councilmember Brown MOVED to go into Executive Session at 6:35 p.m. and Councilmember Yates SECONDED
the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #2 - ADJOURNMENT.
Mayor Kavanagh adjourned the Executive Session without objection at 8:26 p.m.
TOWN OF FOUNTAIN HILLS
LM
ATTEST AND
PREPARED BY:
Bevelyn J. Bender, Town Clerk
CERTIFICATION
Linda M. Kavanagh, Mayor
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the
Town Council of Fountain Hills in the Town Hall Council Chambers and the Executive Session, held in the Fountain
Conference Room — 2nd Floor on the 19th day of September, 2017. 1 further certify that the meeting was duly called
and that a quorum was present.
DATED this 3rd day of October, 2017.
Bevelyn J. Bender, Town Clerk
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