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HomeMy WebLinkAbout2017.0601.TCRSM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND SPECIAL SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 01, 2017 REGULAR SESSION AGENDA * 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 Deanna Pinal gave the invocation due to the absence of Pastor Todd Forest, Fountain Hills Christen Center. * ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayer Alan Magazine, Councilmember Nick DePorter, Councilmember Henry Leger, Councilmember Art Tolis, Councilmember Cecil Yates and Councilmember Dennis Brown. Town Manager Grady E. Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. * MAYOR'S REPORT i) RECOGNITION OF THE TOWN OF FOUNTAIN HILLS AS A NATIONAL 2017 "PLAYFUL CITY" DESIGNEE. Mayor Kavanagh reported that Fountain Hills had received this designation for the last seven years and asked Interim Community Services Director Rachael Goodwin to explain what was involved in this award. Ms. Goodwin stated that Cities and communities were engaged in a fierce contest for the future by competing for businesses, economic development and jobs and competing for residents who would breathe energy and enterprise into their neighborhoods. Ms. Goodwin added that play ability was a key strategy in the struggle to keep young families in out Towns and Cities and Civic leaders were transforming their streetscapes into livable, walkable, bikeable places that attract the creative class so to dramatically improve their citizen's quality of life. Ms. Goodwin stressed that Fountain Hills was dedicated to maintaining this effort and making "Play" a priority for all. Ms. Goodwin pointed out that the "Playful City USA" recognition program honored Cities and Towns who ensure that kids in their communities, particularly kids from low-income families, get the balanced and active play they need to thrive with 258 communities nationwide in 2017 that had been recognized for this achievement. Ms. Goodwin noted that this program lead by the Community Services Department and was one of 17 Arizona communities to have the distinct honor of being named a "2017 Playful City". Mayor Kavanagh stated that on behalf of the Councilmembers she congratulated the Community Services Department for once again achieving this award. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) THE MAYOR AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. Councilmember Yates reported that he recently attended the Domestic Violence Council meeting where he heard a great presentation concerning the homeless and its connection with domestic violence. Councilmember Yates also stated that he was informed that homeless children currently were not counted since many stay at the homes of their friends. Councilmember Yates informed the public on ways they could help the homeless especially now with the Arizona heat. Councilmember Yates also reported on the Greater Phoenix Economic Council (GPEC) and noted that 60% of the new growth in Arizona would be in the industrial segment with 40% office jobs and stressed that Fountain Hills should be engaged in community planning for infrastructure and municipalities were the leading the economic strategy for the area and well received. z:\council packets\2017\r170615\170601m.docx Page 1 of 6 Councilmember DePorter reported on the Maricopa Association of Governments (MAG) Regional Council meeting he attended and noted that MAG celebrated their 50th anniversary with a showing of their accomplishments and highlights over the years. Councilmember DePorter also mentioned there was a presentation by the author of the book "Happy Cities" that highlighted what a happy city involved and pointed out areas that had already been implemented in Fountain Hills. Councilmember DePorter also pointed out that he had mentioned Fountain Hills "Text -a -Tip" program at the MAG session and was informed that MAG had dedicated $150K to implement a "Text- a -City 911" system in Maricopa County with an annual maintenance cost of $45K and involved a four year plan. Councilmember DePorter stated that the I-10 and I-17 corridor construction issues were presented and addressed to hopefully maintain a smooth construction improvement with less intrusion. CALL TO THE PUBLIC Mayor Kavanagh asked if there were any requests to speak and Town Clerk Bevelyn Bender answered there were three requests received. Susan Fallon, a 15 year resident of Fountain Hills, voiced her objections to Mayor Kavanagh's proclamation and promotion of the Town's involvement in the "National Day of Prayer" and she requested a response from the Mayor to a letter sent to her regarding this issue. Ms. Fallon then referenced violations she felt were unconstitutional and that the proclamation violated the rights of non -believers; she noted she supported everyone rights, but it was not acceptable for the government to insert itself in beliefs. Dianne Post, a Phoenix resident and Attorney for the "Secular Coalition of America" representing Mark Forester a Fountain Hills resident who was not available to attend the meeting. Ms. Post stated that a letter had been sent to the Mayor and Councilmembers on April 30th regarding Fountain Hill's proclamation related to the "National Day of Prayer" and the non -constitutional use of tax payers' dollars and noted she had not received a response along with three unsuccessful phone calls to Town Hall with no response. Ms. Post recited Arizona Constitutional Law on religious worship and covered protection for the non -religious. Ms. Post requested a response to her letter since Ms. Post was representing Mark Forester; she asked for a meeting to discuss this issue with the Mayor to find out what the Mayor intended to do to withdraw from the prayer event and requested that no more proclamations would be issued of this sort along with no more spending tax payer dollars on this type of proclaimed event. Jessie Brunswig, a four month resident of Fountain Hills, requested Council and Town staffs inspect a blind spot on El Pueblo between 14213 and 14423 N. El Pueblo Boulevard and reduce the speed to 25 MPH or place a slow sign marker in the area to slow traffic down and allow residents to move into the street safely. Town Manager Grady Miller stated that the El Pueblo request would be reviewed and someone would contact Ms. Brunswig. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE CANCELLATION OF THE FOUNTAIN HILLS TOWN COUNCIL MEETINGS FOR JULY 6, JULY 20, AND AUGUST 3, 2017, AS WELL AS THE TENTATIVE WORK-STUDY SESSIONS SCHEDULED FOR JULY 11 AND AUGUST 8, 2017 AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE SECOND AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH ALBERT HOLLER, TO INCREASE THE CONTRACT BY $42,000.00 (FROM $162,000.00 TO $204,000.00) FOR AUDITING SERVICES DURING THE 2017-18 FISCAL YEAR. 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 Vice Mayor Magazine Aye zAcouncil packets\2017\r170615\170601m.docx Page 2 of 6 Councilmember Leger Aye Councilmember Tolis Aye Councilmember Yates Aye Councilmember Brown Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #3 - PUBLIC HEARING REGARDING PROPOSED TAX LEVY AND REGARDING RESOLUTION 2017-13, ADOPTING THE TENTATIVE BUDGET AS THE FINAL BUDGET FOR THE TOWN OF FOUNTAIN HILLS FOR FISCAL YEAR BEGINNING JULY 1 2017 AND ENDING JUNE 30 2018. Mayor Kavanagh opened the Public Hearing at 6:50 p.m. Town Manager Grady Miller briefly discussed the budget process and how Council and staff determined revenues and expenditures. Mr. Miller introduced Finance Director Craig Rudolphy who continued by giving a short presentation on the Fountain Hills fmal budget for FY2017/2018 in the amount of $35,303,495, with information presented in a PowerPoint presentation. Vice Mayor Magazine asked what information would Council received at the June 13, 2017, work study session related to the budget and Mr. Rudolphy answered after discussions with Mr. Miller the information given would address the Revenue and Expenditure updates and projections based on comments received at the Town Council's April 2017, Council meeting. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bevelyn Bender answered none were received. Mayor Kavanagh asked for any further discussion or questions from Council and if not Mayor Kavanagh closed the Public Hearing at 6:56 p.m. Mayor Kavanagh recessed the Regular Session and convened the Special Session at 6:56 p.m. SPECIAL SESSION AGENDA CALL TO ORDER AND ROLL CALL — Mayor Linda M. Kavanagh called the session to order at 6:56 p.m. ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayer Alan Magazine, 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. SPL AGENDA #1 - CONSIDERATION OF RESOLUTION 2017-13, ADOPTING THE TENTATIVE BUDGET AS THE FINAL BUDGET FOR THE TOWN OF FOUNTAIN HILLS FOR FISCAL YEAR BEGINNING JULY 1, 2017, AND ENDING JUNE 30, 2018. Town Manager Grady Miller stated that staff requested approval of the budget. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none had been received. Mayor Kavanagh asked for discussion or comments from Council. Councilmember Leger thanked everyone involved in the budget process and noted the Council had discussed this budget for months. z:\council packets\2017\r170615\170601m.docx Page 3 of 6 Councilmember Leger MOVED to approve Resolution 2017-13, the Town of Fountain Hills final budget as proposed and Councilmember Brown SECONDED, the motion, which CARRIED UNANIMOUSLY (7-0). SPL AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2017-15, ADOPTING AND ESTABLISHING THE FY2017-18 BUDGET IMPLEMENTATION POLICY AND APPROVING THE TOWN ORGANIZATIONAL CHARTS, THE FY2017/18 PAY PLAN, THE SCHEDULE OF AUTHORIZED POSITIONS THE EMPLOYEE JOB DESCRIPTIONS AND THE FY2017/18 COMPREHENSIVE FEE SCHEDULE. Town Manager Grady Miller stated this document provided staff guidance to implement the Town's budget for the next fiscal year and he briefly listed the documents involved and discussed their purpose. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received. Mayor Kavanagh asked if there were any Council questions for staff and if not requested a motion. Councilmember Yates MOVED to approve Resolution 2017-15 and Vice Mayor Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). SPL AGENDA ITEM #3 - ADJOURNMENT. Mayor Kavanagh asked of a motion to adjourn the Special Session. Councilmember Leger MOVED to close the Special Session at 6:59 PM and Councilmember Tolis SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). RECONVENE REGULAR SESSION Mayor Kavanagh reconvened the regular session at 6:59 p.m. AGENDA ITEM #4- CONSIDERATION OF ORDINANCE 17-01, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPER 7, RELATING TO PAYMENT OF FEES. Town Manager Grady Miller introduced Finance Director Craig Rudolphy who gave a brief report on Ordinance 17- 01. Mr. Rudolphy explained that the Town had in the past experienced situations when a building permit or Certificate of Occupancy had been issued by the Town even through the applicant owed unpaid taxes or fees to the Town or third party. Staff was proposing to add a clause to the Town Code requiring payment of all outstanding debits prior to issuance of building permits or a Certificate of Occupancy. Councilmembers, Town Manager Miller, Town Attorney Andrew McGuire and Director of Development Services Bob Rodgers discussed the enforcement of this clause and it was determined that each case would be individually assessed along with consulting the Town Attorney so as not to be over reaching. Mr. Miller emphasized the intent of this request was to address a problem; he provided an example relating to the case of a tax settlement whereby Town Councilmembers would be asked to approve any action. Councilmember Brown MOVED to approve Ordinance #17-01, as presented and to declare the implementation as an emergency to go into immediate effect and Councilmember DePorter SECONDED. Vice Mayor Magazine asked how a person or entity could contest a fee owed and Mr. McGuire answered there was no administrative appeal process as based on the amounts (fees) that Council adopted; fees were not negotiable and could not be adjusted by staff unless someone felt the calculation of fees were incorrect then the Director of Development Services would be requested to review and re -check the numbers. Mayor Kavanagh asked for a vote on the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2017-21, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "2017 PARKING AMENDMENTS." Mayor Kavanagh explained there would be one staff report presented for agenda items numbers 5 and 6. z:\council packets\2017\r170615\170601m.docx Page 4 of 6 Town Manager Grady Miller stated that the Town had experienced some parking issues and he believed this was a tool to help address those issues. Mr. Miller introduced Marissa Moore, Senior Planner, who presented information in her staff report. Mayor Kavanagh asked for questions from Council and if there were any speaker requests and if not requested a motion. Town Clerk Bender stated no speaker cards were received. Councilmember Yates MOVED to approve Resolution 2017-21, declaring as a public record that certain document filed with the Town Clerk and entitled "2017 Parking Amendments" and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #6 CONSIDERATION OF ORDINANCE 17-02, ADOPTING THE "2017 PARKING AMENDMENTS" BY REFERENCE AND AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTERS 1, 10,11 AND 12, AND DECLARING AN EMERGENCY. Mayor Kavanagh asked for any discussion and if not requested a motion. Councilmember Brown MOVED to approve Ordinance #17-02, adopting the "2017 Parking Amendments" by reference and amending the Town of Fountain Hills Town Code, Chapters 1, 10, 11 and 12, and declaring an emergency and Vice Mayor Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #7 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER Town Manager Grady Miller would follow-up on the request from Jessie Brunswig during the "Call to the Public" related to a blind spot on El Pueblo Boulevard. AGENDA ITEM #8 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR INDIVIDUAL COUNCILMEMBERS AND THE TOWN MANAGER. Councilmember Tolis thanked everyone who attended the re -dedication of the "Splash Park", which was successful with a lot of kids attending. Mayor Kavanagh also wanted to thank the "Rotary Club" for their contribution to the Town. Mayor Kavanagh reported that the Town's two "Veteran's Day" events held at the memorial this month included an "Honor and Remember" ceremony with a display of over 300 flags in Fountain Park and a "Memorial Day" ceremony. She added that both events were dedicated to honor those in all branches of our military and honor and remember those police officers who had lost their lives in the line of duty. Mayor Kavanagh stated that at the "Memorial Day" ceremony she displayed the Town's new Purple Heart plaques that could be seen at various parking spots around Town and mentioned she read the Town's proclamation declaring Fountain Hills a "Purple Heart Town". Mayor Kavanagh expressed there was also a surprise presentation to the Town from the "Purple Heart" organization who gave the Town a gift of two signs saying "Welcome to a Purple Heart Town" that would be displayed somewhere around Town or on one of the local major roadways into Fountain Hills showing that the Town honored all veterans and especially those who paid the ultimate sacrifice for all of us and our country. AGENDA ITEM #9 - ADJOURNMENT Councilmember DePorter MOVED to adjourn the meeting and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 7:18 p.m. z:\council packets\2017\r170615\170601m.docx Page 5 of 6 TOWN OF FOUNTAIN HILLS :A 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 and Special Sessions held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the IST day of June, 2017. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 15�h day of June, 2017. Bevelyn J. Bender, Town Clerk z:\council packets\2017\r170615\170601m.docx Page 6 of 6