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Home My WebLink About2017.0518.TCRM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL MAY 18, 2017 REGULAR SESSION CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Fountain Hills Town Hall Council Chambers. INVOCATION Associate Pastor Dan Redwine, Christ's Church ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Councilmember Nick DePorter, Councilmember Cecil Yates, Councilmember Dennis Brown, Councilmember Art Tolis and Councilmember Henry Leger. Town Manager Grady E. Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. Vice Mayor Alan Magazine was absent. Mayor Kavanagh informed everyone that item #8 on the regular agenda had been postponed and moved to the June 1, 2017, Town Council meeting. MAYOR'S REPORT None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) THE MAYOR AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. There was nothing to report. CALL TO THE PUBLIC Mayor Kavanagh asked if there were any requests to speak and Town Clerk Bender answered there were no requests received. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM APRIL 24 AND MAY 4, 2017. AGENDA ITEM #2 - CONSIDERATION OF APPROVING A SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (#C2017-007) WITH J2 ENGINEERING, IN THE AMOUNT OF $139,159 FOR THE ADERO CANYON TRAILHEAD CONSTRUCTION PROJECT POST DESIGN AND CONSTRUCTION OBSERVATIONS. AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE FIRST AMENDMENT TO COOPERATIVE PURCHASING AGREEMENT C2017-044 WITH PIPELINE VIDEO INSPECTIONS LLC, BY NOT MORE THAN $10,000.00 FOR THE INITIAL TERM AND EACH RENEWAL TERM, AND INCREASING THE TOTAL NOT -TO -EXCEED COMPENSATION FOR THE ENTIRE TERM, FROM $200,000.00 TO $240,000.00, FOR STORM DRAIN PIPE AND STRUCTURE CLEANING, TELEVISION SERVICES AND STORM DRAIN PIPE REPAIR. z:\council packets\2017\x170615\170518m.docx Page 1 of 5 AGENDA ITEM #4 - CONSIDERATION OF APPROVING CONTRACT C2018-002 WITH CONTINENTAL FLOORING FOR CARPETING AND TILE FOR THE COMMUNITY CENTER AND TOWN HALL IN THE AMOUNT OF $170,000. AGENDA ITEM #5 - CONSIDERATION OF FILL WAIVER REQUEST BY MCO PROPERTIES AND TOLL BROTHERS TO WAIVE THE REQUIREMENTS OF SUBDIVISION ORDINANCE SECTION 5.03.G, IN ORDER TO PERMIT GRADED UN -RETAINED 2:1 FILL SLOPES WITH IN ADERO CANYON PARCELS 1 AND 7. CASE #CFW 2017-02 Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Leger SECONDED the motion. A roll call vote was taken with the following results: Councilmember DePorter Aye Councilmember Leger Aye Councilmember Tolis Aye Councilmember Yates Aye Councilmember Brown Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY (6-0) by those present. REGULAR AGENDA AGENDA ITEM #6 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING OWNERSHIP/ACQUISITION OF THE DEL CAMBRE COURT AND DEL CAMBRE COURT WEST RIGHTS-OF-WAY WITHIN THE MIRAGE HEIGHTS SUBDIVISION. Town Manager Grady Miller stated the Town's Engineer, Randy Harrel, had yet to arrive to the meeting and requested Mayor Kavanagh moved on to agenda item #7. AGENDA ITEM #7- CONSIDERATION OF RESOLUTION 2017-18, ADOPTING THE 2017 TOWN OF FOUNTAIN HILLS STRATEGIC PLAN. Town Manager Grady Miller pointed out all the hard work and many months the Strategic Planning Advisory Commissioners had volunteered to bring the Town's Strategic Plan to Council for approval and acknowledged those Commission members in attendance. Mr. Miller gave an overall summary of the process and mentioned that after some Council reconsideration of the previous plan presented, the Commissioners and staff was now bring forth a more comprehensive plan that included a one page summary that listed the plan's five goals with associated tasks and Vision Statement. Mayor Kavanagh thanked the Commissioners on behalf of all the Councilmembers for volunteering and pointed out that the new plan format would assist everyone in understanding the Strategic Plan and its purpose. Mayor Kavanagh asked for any Council discussion. Councilmember Leger reiterated the Mayor's acknowledgement of those involved and suggested that an additional statement be added to the plan as "Higher Education; Explore Options or Opportunities". Dana Saar, Strategic Planning Advisory Chairman maintained that this had already been somewhat implied in the plan, but specific language could be added and felt the proposed additional statement would fit in the Economic Development location. Councilmember Leger MOVED to place under Economic Growth 1.4, titled "Higher Education" the addition of a sub - bulletin "Explore Higher Education Options and Opportunities " and Councilmember Yates SECONDED the motion. z:\council packets\2017\r170615\170518m.docx Page 2 of 5 Mayor Kavanagh asked if there were any discussion on the motion and Councilmember Yates expressed his support for the additional language added to the Strategic Plan. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bevelyn Bender answered none were received. Mayor Kavanagh stated that if there were no further discussion on this motion, requested a vote, which CARRIED UNANIMOUSLY (6-0) by those present. Mayor Kavanagh asked for a motion on Resolution 2017-18. Councilmember Leger MOVED to approve, as amended, Resolution 2017-18 adopting the 2017 Fountain Hills Strategic Plan with added language "Explore Higher Education Options or Opportunities" under Economic Growth and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (6-0) by those present. Mayor Kavanagh returned to agenda item #6, with the arrival of Town Engineer Randy Harrel. AGENDA ITEM #6 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING OWNERSHIP/ACQUISITION OF THE DEL CAMBRE COURT AND DEL CAMBRE COURT WEST RIGHTS-OF-WAY WITHIN THE MIRAGE HEIGHTS SUBDIVISION. Town Manager Grady Miller pointed out that if Council decided to approve action on this request, staff had determined Council would be required to give direction to proceed. Mr. Miller introduced Town Engineer Randy Harrel who presented an overview of information in the staff report and PowerPoint presentation. Mayor Kavanagh asked what initial costs would be incurred by the Town if the Town took over ownership of the rights-of-way within the Mirage Heights subdivision and Mr. Harrel answered that he did not have an estimate at this time, but understood the cost would mostly involve legal and a title company. Mr. Harrel stated he would provide an estimate if Council's direction were to proceed. Mr. Harrel then referred Mayor Kavanagh's question to Town Attorney Andrew McGuire. Mr. McGuire added that legal's cost should only involve one document to draft and mentioned that since the HOA involved many homeowners, it would require all homeowners' approval for a one document approval. Mr. McGuire believed that the title company would have difficulties in determining value and it should not be expensive to obtain a title insurance policy. Mr. McGuire continued that contacting and acquiring all homeowners' signatures could be an expense, but it had been determined that the responsibility of that task would be given to the homeowners' association along with a four month timeline beginning October 2017, allowing the seasonal residents to return to Arizona. Mr. McGuire pointed out that all homeowners' signatures would be necessary to complete this action or the proposal would be eliminated. Mr. McGuire remarked that it would cost a few hundred dollars for the Environmental Study, Phase I Report, and felt there would be no concerns with the study. Mr. Miller brought up that the Town had previously maintain the association's streets without a dedication and stressed this was an unusual situation. Mayor Kavanagh asked if the Town or the HOA would assume the current maintenance of the Mirage Heights streets and Mr. Miller answered that this issue was identified by the Interim Public Works Director Justin Weldy after the HOA requested a timeline on maintenance work in their development; currently the Town's maintenance work had stopped until this issue could be addressed. Mayor Kavanagh asked about the liability for the streets in the development and Mr. McGuire answered this was an unusual situation involving the HOA owning the property, but the Town had been maintaining the streets, so any claim from the street conditions from maintenance of the property could be passed on to the Town and added the HOA would also be involved in the lawsuit. Councilmember Tolis questioned if there was any liability involvement for the title company and Mr. McGuire explained that it was the lack of dedication on the plat which was missing and not title work and pointed out this action would clean-up this issue. Councilmember Yates asked about a condemnation lawsuit and Mr. McGuire noted the same process would be followed and stressed it would benefit everyone to collect the homeowner's signatures voluntarily, but if there were a z:\council packets\2017\r170615\170518m.docx Page 3 of 5 few homeowners that wished not to be involved or could not be found, the next step would be a condemnation notification through a newspaper publication. Councilmember Tolis suggested the Town and the HOA create an agreement stating that the Town would maintain the streets thus eliminating the cost of the suggested process. Mr. Miller explained that under the law the Town could not gift public funds and stressed this was a corrective matter. Councilmember Brown asked if staff had found any similar properties in Town that should be addressed; Mr. Harrel answered that after he researched plats approved in the 1990's there were two additional properties that would need further review. Mr. Miller added the Town was in a high growth time during those years. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bevelyn Bender answered none were received. Mayor Kavanagh asked for any further Council discussion and if not, requested a motion. Councilmember Yates MOVED to direct staff to proceed with acquisition of the Del Cambre Court and Del Cambre Court West streets rights-of-way and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (6-0) by those present. AGENDA ITEM #8 - CONSIDERATION OF ORDINANCE 17-01, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 7, RELATING TO PAYMENT OF FEES. This item was postponed at the beginning of the meeting and moved to the June 1, 2017, Town Council meeting. AGENDA ITEM #9 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITEIS AND TOWNS WEEKLY LEGISLATIVE BULLETING OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. League of Cities and Towns Bulletin(s) Town Attorney Andrew McGuire mentioned that Legislation had been passed regarding elections for sales tax increases and legal's interpretation was if Council refers the question to the voters the election would be held in November. Mayor Kavanagh agreed with this explanation since she had questioned this Legislation. AGENDA ITEM #10 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER None. AGENDA ITEM #11 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER. Mayor Kavanagh invited residents to attend the "Coffee with a Cop" at the Starbucks on Palisades on Saturday from 8:00 a.m. until 10:00 a.m. and meet the new Fountain Hills MCSO Captain. Mayor Kavanagh also stated that on Saturday located around the "Veterans Memorial" at 10:00 a.m. would be an "Honor and Remember Ceremony" for our Veterans and First Responders with 330 American flags placed in Fountain Park as part of the event. Mayor Kavanagh mentioned the rededication of the Splash Park on Saturday at 11:00 a.m. Councilmember Tolis added that he was currently President of one of the Rotary Clubs in Fountain Hills and along with both of the Rotary Clubs and the Town they built the splash pad and invited all Fountain Hills schools to participate in the rededication due to recent renovations. z:\council packets\2017\x170615\170518m.docx Page 4 of 5 Mayor Kavanagh wished to extend a message to everyone that school was finished next week and unfortunately the summer usually brought a little uptick in vandalism and she stressed this action was very costly to the Town, which are the taxpayers. She also noted that most of the Fountain Hills students were awesome, but there were a few that caused problems over the summer, so the Town was asking everyone's help this summer to be the eyes and ears around Town and if you have any information about vandalism, contact Maricopa County Sherriff s Office (MCSO), call Town Hall or use the "Text -a -Tip" to report what you know. Mayor Kavanagh asked that people not use "Facebook" since the Town could not monitor "Facebook" often enough to help authorities. Mayor Kavanagh added that if kids were looking for something to do this summer, there were summer camps available through Town, the Boys and Girls Club and various churches running summer camps. Mayor Kavanagh spoke for all the Councilmembers that they hoped all kids have a great and safe fun -filled summer! AGENDA ITEM #12 - ADJOURNMENT Councilmember Yates MOVED to adjourn the meeting and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (6-0) by those present. The Regular Session adjourned at 6:55 p.m. 1111WA•Ie[17 a 0181►11 ll:1 legl i�.1 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 Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 18th day of May, 2017. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of June, 2017. Bevelyn J. Bender, Town Clerk z:\council packets\2017\x170615\170518m.docx Page 5 of 5