Loading...
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. z:\council packets\2017\r171003\170919m.docx Page 1 of E 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). z:\council packets\2017\r171003\170919m.docx Page 2 of 6 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. z:\council packets\2017\r171003\170919m.docx Page 3 of 6 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 z:\council packets\2017\r171003\170919m.docx Page 4 of 6 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). z:\council packets\2017\r171003\170919m.docx Page 5 of 6 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 z:\council packets\2017\r171003\170919m.docx Page 6 of 6