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Home My WebLink About180619A - revised�t �n o� r MW .w . Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger REVISED: 6/18/18 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh TIME: 5:30 P.M. WHEN: TUESDAY, JUNE 19, 2018 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Councilmember Alan Magazine Councilmember Art Tolis Councilmember - Vacant 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\2018\r180619\180619a - revised.docx Last Printed: 6/18/2018 10:42 AM Page 1 of 4 REVISED: 6/18/18 REGULAR SESSION CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Tom Daly, Trinity Lutheran Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring August 2018 Drowning Impact Awareness Month in the Town of Fountain Hills. 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. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from April 17, April 23, and May 16, 2018. 2. CONSIDERATION of RESOLUTION 2018-41, an Intergovernmental Agreement with the City of Tempe and the East Valley Regional Veterans Court participating municipalities for the evaluation and resolution of cases belonging to veterans in the interest of justice. REGULAR AGENDA 3. CONSIDERATION of APPOINTING three (3) citizens to the Sister Cities Advisory Commission for a three (3) year term beginning June 19, 2018 and ending on June 18, 2021. z:\council packets\2018\r180619\180619a - revised.docx Last Printed: 6/18/2018 10:42 AM Page 2 of 4 REVISED: 6/18/18 4. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a cellular antenna with associated roof -mounted equipment to be two feet and four inches above the maximum allowed height of fifty-four feet at 16845 E. Avenue of the Fountains. (Park Place) (Case # SU2018-01) 5. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a cellular antenna with associated roof -mounted equipment to be two feet and four inches above the maximum allowed height of fifty-four feet at 16845 E. Avenue of the Fountains. (Park Place) (Case # SU2018-01) 6. PUBLIC HEARING to receive comments on ORDINANCE 18-07, an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 0.36 acres located at 11639 N. Saguaro Boulevard (AKA APN#176-08-448) from C-1 — Neighborhood Commercial and Professional Zoning District to C-3 — General Commercial Zoning District to allow the construction of an auto sales, service, and detail business. (Case# Z2018-02) 7. CONSIDERATION of ORDINANCE 18-07, an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 0.36 acres located at 11639 N. Saguaro Boulevard (AKA APN#176-08-448) from C-1 — Neighborhood Commercial and Professional Zoning District to C-3 — General Commercial Zoning District to allow the construction of an auto sales, service business. (Case# Z2018-02) 8. CONSIDERATION of COOPERATIVE PURCHASING AGREEMENT C2019-004 between the Town of Fountain Hills and Sunline Contracting, LLC, for pavement marking installation or removal, in the amount of $50,000.00, with five optional renewals for an aggregate amount not to exceed $300,000.00. 9. CONSIDERATION of PROFESSIONAL SERVICES AGREEMENT C2018-095 between Power Tech Contracting LLC, and the Town of Fountain Hills, in the amount of $45,100.00, WITH $35,100.00 for annual traffic signal maintenance and $10,000.00 for emergency call -out services, with five optional renewals, for an aggregate amount not to exceed $225,500.00. 10. CONSIDERATION of the second amendment to COOPERATIVE PURCHASE AGREEMENT C2017-043 between the Town of Fountain Hills and Interwest Supply LLC, to provide signs and hardware, in the amount of $20,000.00. 11. CONSIDERATION of RESOLUTION 2018-30 approving the Intergovernmental Agreement with Maricopa County Animal Care and Control (Contract C2019-011) relating to basic animal care and control services for July 1, 2018 through June 30, 2019, in the amount $19,698.00 for the first year, and subsequently with two 3 -year renewal options. z:\council packets\2018\r180619\180619a - revised.docx Last Printed: 6/18/2018 10:42 AM Page 3 of 4 REVISED: 6/18/18 12. CONSIDERATION of RESOLUTION 2018-28, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to ad valorem taxation, a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for the Fiscal Year beginning July 1, 2018, and ending June 30, 2019. 13. CONSIDERATION of ORDINANCE 18-08, amending Town Code Chapter 9, Parks and Recreation, by adding Article 9-6, Restrictions on Smoking in Public Parks, Preserves, and Trails, and declaring an emergency. 14. CONSIDERATION of RESOLUTION 2018-46, declaring as a public record that certain document filed with the Town Clerk and entitled, Section 11-1-7(J), Nuisance Party. 15. CONSIDERATION of ORDINANCE 18-09, amending Town Code Chapter 11, Offenses, by adding Section 11-1-7(J), Nuisance Party, and declaring an emergency. 16. 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.) Announcement of the Town Council Subcommittee that will review responses received in response to the Town's legal services Request for Proposals. ii.) Report by the Town Manager on the status of the proposed EPCOR rate increase. iii.) Report by the Town Manager on the process to fill the Council vacancy 17. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. 18. ADJOURNMENT. DATED this 7th day of June, 2018. 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\2018\rl 80619\1 80619a - revised.docx Last Printed: 6/18/2018 10:42 AM Page 4 of 4 �t �n o� r MW .w . Vice Mayor Dennis Brown Councilmember Nick DePorter Councilmember Henry Leger REVISED: 6/18/18 NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Linda M. Kavanagh TIME: 5:30 P.M. WHEN: TUESDAY, JUNE 19, 2018 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS Councilmember Alan Magazine Councilmember Art Tolis Councilmember - Vacant 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\2018\r180619\180619a - revised.docx Last Printed: 6/18/2018 10:42 AM Page 1 of 4 REVISED: 6/18/18 REGULAR SESSION CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh INVOCATION — Pastor Tom Daly, Trinity Lutheran Church ROLL CALL — Mayor Linda M. Kavanagh MAYOR'S REPORT i) The Mayor will read a PROCLAMATION declaring August 2018 Drowning Impact Awareness Month in the Town of Fountain Hills. 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. 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from April 17, April 23, and May 16, 2018. 2. CONSIDERATION of RESOLUTION 2018-41, an Intergovernmental Agreement with the City of Tempe and the East Valley Regional Veterans Court participating municipalities for the evaluation and resolution of cases belonging to veterans in the interest of justice. REGULAR AGENDA 3. CONSIDERATION of APPOINTING three (3) citizens to the Sister Cities Advisory Commission for a three (3) year term beginning June 19, 2018 and ending on June 18, 2021. z:\council packets\2018\r180619\180619a - revised.docx Last Printed: 6/18/2018 10:42 AM Page 2 of 4 REVISED: 6/18/18 4. PUBLIC HEARING to receive comments on a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a cellular antenna with associated roof -mounted equipment to be two feet and four inches above the maximum allowed height of fifty-four feet at 16845 E. Avenue of the Fountains. (Park Place) (Case # SU2018-01) 5. CONSIDERATION of a proposed SPECIAL USE PERMIT to allow Verizon Wireless to install a cellular antenna with associated roof -mounted equipment to be two feet and four inches above the maximum allowed height of fifty-four feet at 16845 E. Avenue of the Fountains. (Park Place) (Case # SU2018-01) 6. PUBLIC HEARING to receive comments on ORDINANCE 18-07, an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 0.36 acres located at 11639 N. Saguaro Boulevard (AKA APN#176-08-448) from C-1 — Neighborhood Commercial and Professional Zoning District to C-3 — General Commercial Zoning District to allow the construction of an auto sales, service, and detail business. (Case# Z2018-02) 7. CONSIDERATION of ORDINANCE 18-07, an amendment to the Town of Fountain Hills Zoning Ordinance and Zoning Map to change the zoning on 0.36 acres located at 11639 N. Saguaro Boulevard (AKA APN#176-08-448) from C-1 — Neighborhood Commercial and Professional Zoning District to C-3 — General Commercial Zoning District to allow the construction of an auto sales, service business. (Case# Z2018-02) 8. CONSIDERATION of COOPERATIVE PURCHASING AGREEMENT C2019-004 between the Town of Fountain Hills and Sunline Contracting, LLC, for pavement marking installation or removal, in the amount of $50,000.00, with five optional renewals for an aggregate amount not to exceed $300,000.00. 9. CONSIDERATION of PROFESSIONAL SERVICES AGREEMENT C2018-095 between Power Tech Contracting LLC, and the Town of Fountain Hills, in the amount of $45,100.00, WITH $35,100.00 for annual traffic signal maintenance and $10,000.00 for emergency call -out services, with five optional renewals, for an aggregate amount not to exceed $225,500.00. 10. CONSIDERATION of the second amendment to COOPERATIVE PURCHASE AGREEMENT C2017-043 between the Town of Fountain Hills and Interwest Supply LLC, to provide signs and hardware, in the amount of $20,000.00. 11. CONSIDERATION of RESOLUTION 2018-30 approving the Intergovernmental Agreement with Maricopa County Animal Care and Control (Contract C2019-011) relating to basic animal care and control services for July 1, 2018 through June 30, 2019, in the amount $19,698.00 for the first year, and subsequently with two 3 -year renewal options. z:\council packets\2018\r180619\180619a - revised.docx Last Printed: 6/18/2018 10:42 AM Page 3 of 4 REVISED: 6/18/18 12. CONSIDERATION of RESOLUTION 2018-28, levying upon the assessed valuation of the property within the Town of Fountain Hills, subject to ad valorem taxation, a certain sum upon each one hundred dollars ($100.00) of valuation sufficient to raise the amount estimated to be required in the annual budget, specifically for the purpose of paying principal and interest upon bonded indebtedness; all for the Fiscal Year beginning July 1, 2018, and ending June 30, 2019. 13. CONSIDERATION of ORDINANCE 18-08, amending Town Code Chapter 9, Parks and Recreation, by adding Article 9-6, Restrictions on Smoking in Public Parks, Preserves, and Trails, and declaring an emergency. 14. CONSIDERATION of RESOLUTION 2018-46, declaring as a public record that certain document filed with the Town Clerk and entitled, Section 11-1-7(J), Nuisance Party. 15. CONSIDERATION of ORDINANCE 18-09, amending Town Code Chapter 11, Offenses, by adding Section 11-1-7(J), Nuisance Party, and declaring an emergency. 16. 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.) Announcement of the Town Council Subcommittee that will review responses received in response to the Town's legal services Request for Proposals. ii.) Report by the Town Manager on the status of the proposed EPCOR rate increase. iii.) Report by the Town Manager on the process to fill the Council vacancy 17. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Mayor, individual Councilmembers, and the Town Manager. 18. ADJOURNMENT. DATED this 7th day of June, 2018. 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\2018\rl 80619\1 80619a - revised.docx Last Printed: 6/18/2018 10:42 AM Page 4 of 4