HomeMy WebLinkAbout2018.1106.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE
FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 6, 2018
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
Mayor Kavanagh called the meeting of November 6, 2018, to order at 5:30 p.m.
2. INVOCATION — Pastor Todd Forrest, Fountain Hills Christian Center
Pastor Todd Forest gave the invocation.
3. ROLL CALL— Mayor Linda M. Kavanagh
COUNCILMEMBERS PRESENT: Mayor Linda M. Kavanagh; Vice Mayor Art Tolis;
Councilmembers Henry Leger, Dennis Brown, Sherry Leckrone, and Nick Deporter.
COUNCILMEMBERS ABSENT: Councilmember Alan Magazine.
STAFF PRESENT: Town Manager Grady Miller; Town Attorney Aaron D. Arnson; Town
Clerk Elizabeth A. Burke.
4. MAYOR'S REPORT
A. The Mayor will read a proclamation recognizing November 11, 2018, as Poland's
Independence Day.
Mayor Kavanagh read the proclamation recognizing November 11, 2018, as
Poland's Independence Day.
At this time, Mayor Kavanagh reported that Item 7-G regarding the Fountain Hills Blvd.
Shoulder Paving Project would be postponed to a future meeting.
5. 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(Hi)ask that the matter be placed on a future Council agenda.
Walter Maiwald, Fountain Hills resident, addressed the Council regarding the low-key
opening of the Adero Canyon Trailhead, stating that town residents have been waiting for
this and they should not be excluded. In addition, he said that he was in favor of the land
swap to be considered later in the meeting.
Mr. Miller explained that the first event is low-key because it is the dedication and official
opening of the trailhead, but the road is not yet complete and they were concerned with
TOWN COUNCIL REGULAR MEETING MINUTES
NOVEMBER 6, 2018 PAGE 2
people driving their sedans on the road. He noted that there will only be portable restrooms
at this time. He said that once the road is completed and permanent restrooms are
opened, which is anticipated for May or June, there will be a much more extensive
celebration for the public.
6. 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.
A. APPROVAL OF the minutes of the Special Meeting(Executive Session)of October
16, 2018 and the Regular Meeting of October 16, 2018.
B. HEARING AND CONSIDERATION OF Liquor License Application submitted by
Milton Michael Gabaldon, Owner of Parkview Tap House Bar & Grill located at
16828 E. Parkview Avenue B & C, Fountain Hills, for a Series 12 (Restaurant).
C. CONSIDERATION OF approving the Second Amendment to Professional
Services Agreement with the CK Group, Inc.; for traffic engineering services for an
All-Way Stop and a median sidewalk at the Avenue of the FountainsNerde River
intersection, in the amount of$4,770.77.
D. CONSIDERATION OF Resolution 2018-58, abandonment of the 20' Public Utility
and Drainage Easement on Plat 401-B, Block 3, Lot 13 (10211 N. Nicklaus Drive),
as recorded in Book 155, Page 12 records of Maricopa County, Arizona, with
stipulation. (EA2018-16)
Councilmember Leger MOVED to approve the Consent Agenda Items 6-A through 6-D;
SECONDED by Councilmember DePorter; passed with a roll call vote:
Councilmember Leckrone AYE
Councilmember DePorter AYE
Mayor Kavanagh AYE
Vice Mayor Tolis AYE
Councilmember Leger AYE
Councilmember Brown ABSTAINED
7. REGULAR AGENDA
A. CONSIDERATION OF Resolution 2018-61 approving an intergovernmental
agreement with the Salt River Pima Maricopa Indian Community relating to
Proposition 202 funding.
Mr. Miller explained that Proposition 202 was approved by voters several years
ago, and it allows cities, towns, and nonprofits near Indian gaming to apply for a
TOWN COUNCIL REGULAR MEETING MINUTES
NOVEMBER 6, 2018 PAGE 3
percentage of the revenue received from gaming each year. The item before
Council tonight is for the Town to receive $15,000 to be used for tourism purposes.
Mayor Kavanagh said that the Town is extremely grateful to the Salt River Pima
Maricopa Indian Community for acknowledging a few years ago that they were
neighbors and the Town has built a relationship with President Delbert Ray. She
said that the Town was also very grateful to the Fort McDowell Yavapai Nation.
Councilmember Leger MOVED to adopt Resolution 2018-61; SECONDED by
Councilmember Brown; passed unanimously.
B. CONSIDERATION OF appointing two (2) Planning and Zoning Commissioners for
a two-year term beginning on November 7, 2018 until September 30, 2020.
Mayor Kavanagh MOVED to appoint Eric Hansen and Peter Gray to the Planning
and Zoning Commission for two-year terms beginning November 7, 2018, until
September 30, 2020; SECONDED by Councilmember Leger; passed
unanimously.
C. Adero Canyon:
i. PUBLIC HEARING to receive comments on Ordinance 18-13 amending
the Town of Fountain Hills Town Code, Article 9, Section 9-5-3, by revising
the General Regulations governing the Fountain Hills McDowell Mountain
Preserve. (Case #Z2018-05)
Mayor Kavanagh opened the Public Hearing, noting that Items C-i and C-ii
were related to the same issue.
Development Services Manager Robert Rodgers said that Toll Brothers
was requesting to be permitted to grade approximately 1.5 acres of the
Fountain Hills McDowell Mountain Preserve that is adjacent to Adero
Canyon parcels 5 and 6 in order to create adequate building pads for some
house lots within those parcels. He said that no portions of the house lots
would cross the property lines, and would be behind the rear yards of
approximately eight proposed house locations. The majority of the cuts
would not be visible from the Town's Trailhead, but would be visible from
inside the Adero Canyon development.
He said that in exchange for receiving an encroachment permit to grade
those areas, they are proposing to gift Parcel 9 to the Town so that it may
be added to the McDowell Mountain Preserve, adding that it is
approximately 82 acres in size, is vacant, and is dedicated open space in
the Adero Canyon development.
Mr. Rodgers said that Town staff met with their representatives in
September to review the proposal and assess any potential issues or
impacts that could be created by the cuts. Staff also reviewed the potential
impacts of public access into Parcel 9 which might affect the new
homeowners in Adero Canyon and some possible methods of mitigation
such as small buffers.
TOWN COUNCIL REGULAR MEETING MINUTES
NOVEMBER 6, 2018 PAGE 4
Staff believes that the encroachment will not be overly detrimental to the
Preserve as the area being affected is practically inaccessible from the
trailhead or the Preserve, and also believes that the addition of 82 acres of
undeveloped natural desert to the Preserve would be a positive addition to
the Town's open space as a whole.
He said that in order to accomplish these objectives, staff determined that
the Town Code and Zoning Ordinance must be amended to permit the
grading encroachments. The proposed ordinance 18-13 amends the Town
Code to allow the encroachments and Ordinance 18-14 amends the OPS
provisions of the Zoning Ordinance to allow the encroachments.
Additionally, the resolution authorizes the acceptance of Adero Canyon
Parcel 9 as dedicated open space to be added to the Preserve.
Mr. Rodgers said that there was a habitat study done in the original PAD
and there was no sensitive flora or fauna found on the site.
Councilmembers said that they felt it was a generous trade for the
encroachment and members of the MMPC (McDowell Mountain Preserve
Commission)were asked to come forward and offer their comments.
Bill Myers and Bill Craig each came forward and voiced the following
comments:
• Have walked the area; steep slope that may not be the best ground for
houses, but is great for the Preserve.
• The Town Lake is 29 acres; the whole park is 64 acres. This is 1-1/3 times
the size of the park; it is a good chunk of land.
• Assists in the goal of establishing another trail or two.
• For anyone in Town that owns anything, this will enhance its value.
• Expressed their gratitude to Mayor Kavanagh and Council, as well as
previous councils and the Town of Fountain Hills voters.
• There's a beautiful nob at the end of the ridge that the leg is on; it is not in
the Preserve but it is in the 82 acres. It would be a beautiful spot to have
for a panoramic view over the Valley.
Mayor Kavanagh closed the Public Hearing.
ii. CONSIDERATION OF Ordinance 18-13 amending the Town of Fountain
Hills Town Code, Article 9, Section 9-5-3, by revising the General
Regulations governing the Fountain Hills McDowell Mountain
Preserve. (Case#Z2018-05)
Councilmember Leger MOVED to adopt Ordinance 18-13; SECONDED by
Councilmember Leckrone; passed unanimously.
iii. PUBLIC HEARING receive comments on Ordinance No. 18-14 amending
the Town of Fountain Hills Zoning Ordinance, Chapter 9, Section 9.02.C,
by revising provisions related to Permitted Uses within the Open Space
Preservation (OSP) zoning district. (Case#Z2018-05)
TOWN COUNCIL REGULAR MEETING MINUTES
NOVEMBER 6, 2018 PAGE 5
Mayor Kavanagh opened the Public Hearing. Mr. Rodgers said that he had
nothing further to present; it was all discussed in the prior hearing.
There being no public comments; Mayor Kavanagh closed the Public
Hearing.
iv. CONSIDERATION OF Ordinance No. 18-14 amending the Town of
Fountain Hills Zoning Ordinance, Chapter 9, Section 9.02.C, by revising
provisions related to Permitted Uses within the Open Space Preservation
(OSP)zoning district (Case#Z2018-05.
Councilmember Brown MOVED to adopt Ordinance 18-14; SECONDED
by Vice Mayor Tolis; passed unanimously.
v. CONSIDERATION OF Resolution 2018-56 approving the acquisition by gift
of Parcel 9 in Adero Canyon consisting of approximately 82 acres to be
added to the Fountain Hills McDowell Mountain Preserve as dedicated
conservation open space.
Councilmember Leckrone MOVED to adopt Resolution 2018-56;
SECONDED by Councilmember Brown; passed unanimously.
vi. CONSIDERATION of approving the issuance of an encroachment permit
to allow cut grading and stabilization activities on approximately 1-1/2 acres
of the Fountain Hills McDowell Mountain Preserve in specifically identified
areas along the rear property lines of Parcels 5 and 6 in Adero Canyon.
Councilmember Leckrone MOVED to approve the issuance of an
encroachment permit to allow cut grading and stabilization activities on
approximately1-1/2 acres of the Fountain Hills McDowell Mountain
Preserve in specifically identified areas along the rear property lines of
Parcels 5 and 6 in Adero Canyon; SECONDED by Councilmember
DePorter; passed unanimously.
D. CONSIDERATION OF Resolution 2018-57 approving an Intergovernmental
Agreement between the Town of Fountain Hills and the Fountain Hills Sanitary
District for GIS and CAD Services.
Mr. Rodgers said that Ken Valverde does a lot of work in his department related to
CAD and GIS services. He said that they have a unique arrangement with the
Sanitary District where he also helps them with their infrastructure and they
compensate the Town for his services. He added that this IGA allows for that
sharing and the District is creating their own system so they will be able to share
back and forth.
Councilmember Brown MOVED to adopt Resolution 2018-57; SECONDED by
Councilmember DePorter; passed unanimously.
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NOVEMBER 6, 2018 PAGE 6
E. CONSIDERATION OF approving the Adero Canyon Parcel 2A Final Plat, a 13-lot
single-family subdivision.
Mr. Rodgers reviewed the subdivision plat, noting that staff had reviewed the plat
and it met the Town's requirements. He then clarified the Town Engineer's memo
of October 18, 2018, regarding the 4th bullet related to future grading plans, and
staff was recommending that Council allow the Town Engineer to approve such
grading plans.
Councilmember Leger MOVED to approve the Final Plat with the following
stipulations; SECONDED by Councilmember Brown; passed unanimously:
• Staff approval of the civil and landscape improvement plans
• Addition of any easements or other minor modifications to the Plat determined
to be needed during completion of the improvement plan review
• Post an acceptable construction assurance
• Separate Town Engineer approval required for any material disposal/
stockpiling/mass grading within any other bulk parcels of Adero
• A permit for vegetation salvage and/or mass grading may be issued prior to full
approval of the improvement plans.
F. CONSIDERATION OF ratifying THE Town Manager's emergency procurement
authorization to contract with Stabilizer Solutions (2019-042), not to exceed
$103,136, for emergency clean-up efforts at Golden Eagle Park.
Mr. Miller said that the Town had an unprecedented amount of water with the storm
of October 2, 2018, with two to three inches. He said that staff did some initial
assessments and received a proposed cost of$600,000 for a turn-key solution. He
said that he and staff felt they could get that cost down. The Town also had people
reach out volunteering to help with their services, but they chose a company that
has experience with this type of work.
He said that they have quite a bit invested, and they still do not know the full scape
of damage to the irrigation system. He also felt it was important to move quickly so
the company already started mobilizing last week and will take two to three weeks
to complete everything.
Mr. Miller said that under the procurement code there is a section that allows for
emergency situations. The Town Manager has the ability to exceed the
procurement limits and come back to Council for ratification, which was what they
were doing this evening.
He said that next week there will be a Special Meeting to provide the Council with
a bigger picture on how they are going to address the storm damage at the park
and also sources of funds they will be recommending to be used. He said that they
have Little League and several tournaments coming up, so the sooner they can
get the park restored the better.
Mr. Miller said that the $103,000 for emergency services would be coming out of
the capital fund, and they will bring back several capital projects next week that
TOWN COUNCIL REGULAR MEETING MINUTES
NOVEMBER 6, 2018 PAGE 7
they will recommend be deferred. He said that they have about $450,000 at the
park alone, and that does not include washes or dams.
Mayor Kavanagh said that staff did a phenomenal job in cleaning up the rest of the
park and had it opened up quickly.
Mr. Miller said that they will hear more about it next week, but he will be
recommending that they hire a firm to ensure that only water is conveyed to the
park in the future.
Staff was asked if it was possible to obtain flood insurance for the area. Mr. Miller
said that the property is in the floodplain; it did what it was meant to do. He said
that there is probably insurance available, but it would break the bank. It would be
a better investment to have a study done and shore up the washes. Staff was
asked to look into associated costs for such insurance.
Councilmember Leger MOVED to ratify the Town Manager's emergency
procurement authorization to contract with Stabilizer Solutions (2019-042), not to
exceed $103,136, for emergency clean-up efforts at Golden Eagle Park;
SECONDED by Councilmember DePorter; passed unanimously.
G. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding Fountain Hills
Blvd. Shoulder Paving Project.
Item removed from the agenda at the beginning of the meeting.
8. 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:
None.
9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, individual Councilmembers, and the Town Manager.
None.
10. ADJOURNMENT.
Councilmember Brown MOVED to adjourn; SECONDED by Councilmember Leger;
passed unanimously.
TOWN COUNCIL REGULAR MEETING MINUTES
NOVEMBER 6, 2018 PAGE 8
The Regular Meeting of the Fountain Hills Town Council of November 6, 2018, adjourned
at 6:12 p.m.
TOWN OF FOUNTAIN HILLS
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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
6th day of November, 2018. I further certify that the meeting was duly called and that a quorum
was present.
DATED this 20th day of November, 2018.
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