HomeMy WebLinkAbout2017.1205.TCRM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
DECEMBER 5, 2017
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 5:33 p.m. in the Fountain Hills Town Hall Council Chambers.
INVOCATION — Paster Ken Brown, Fountain Hills Presbyterian Church
ROLL CALL - 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 Henry Leger. Town Manager Grady E. Miller, Interim Town Attorney Fredda Bisman
and Town Clerk Bevelyn Bender were also present.
Councilmember Nick DePorter 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.
None.
ii) ROTATION OF THE VICE MAYOR POSITION TO COUNCILMEMBER DENNIS BROWN,
PURSUANT TO SECTION 2-2-2 OF THE FOUNTAIN HILLS TOWN CODE, THAT EACH MEMBER
OF THE COUNCIL, EXCEPT THE MAYOR, SHALL SERVE AN EIGHT-MONTH TERM AS VICE
MAYOR AND SHALL PERFORM THE DUTIES OF THE MAYOR DURING HIS ABSENCE OR
DISABILITY.
Mayor Kavanagh thanked Councilmember Magazine for serving as vice mayor and welcomed Councilmember
Brown who would now serve as vice mayor.
CALL TO THE PUBLIC
Mayor Kavanagh asked if there were any requests to speak and Town Clerk Bevelyn Bender answered none were
received.
Mayor Kavanagh announced that at the request of a member of the public, Consent Agenda item #4 had been removed
from the Consent Agenda and placed as the first item on the Regular Agenda.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM OCTOBER 17, NOVEMBER 8, 14, AND 21, 2017.
AGENDA ITEM #2 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIOUOR LICENSE
APPLICATION FOR THE FOUNTAIN HILLS THEATER (SUBMITTED BY SUZANNA HENDERSON),
LOCATED AT 11445 N. SAGUARO BOULEVARD, FOUNTAIN HILLS, AZ, FOR THE PURPOSE OF A
FUNDRAISER FROM 6:00 PM TO 12:00 AM ON SATURDAY, DECEMBER 30, 2017.
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AGENDA ITEM #3 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION FOR THE FOUNTAIN HILLS CULTURAL AND CIVIC ASSOCIATION - COMMUNITY
GARDEN (SUBMITTED BY JYOTI PATEL) SCHEDULED IN CONJUNCTION WITH THE WINE AND
CHOCOLATE FESTIVAL TO BE HELD AT THE COMMUNITY GARDEN ON SATURDAY, JANUARY 18,
2018, FROM 3:00 PM - 5:00 PM.
(A public request was made to pull Consent Agenda item #4 and it was moved to be the first Regular Agenda item.)
AGENDA ITEM #4 - CONSIDERATION OF APPROVING FIVE BUDGET TRANSFERS FROM THE
TOWN'S GENERAL GOVERNMENT CONTINGENCY ACCOUNT: I) $10,000 FOR RENEWAL OF
CONTRACT WITH CECIL PATERSON; II) $25,000 TO REPLACE LIGHTS IN THE DOG PARK DAMAGED
BY STORMS DURING THE SUMMER; III) $3,177.15 FOR THE REPLACEMENT OF THE PROJECTOR IN
THE FOUNTAIN CONFERENCE ROOM; IV) $39,390 FOR THE FOUNTAIN LAKE LAGOON FEASIBILITY
STUDIES; AND (V) $200,000 TO THE VEHICLE REPLACEMENT FUND TO FULLY FUND THE
PURCHASE OF THE NEW FIRE TRUCK.
Councilmember Yates MOVED to approve the Consent Agenda (Items 1-3), as listed and Vice Mayor Brown
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #4 - CONSIDERATION OF APPROVING FIVE BUDGET TRANSFERS FROM THE
TOWN'S GENERAL GOVERNMENT CONTINGENCY ACCOUNT: I) $10,000 FOR RENEWAL OF
CONTRACT WITH CECIL PATERSON; II) $25,000 TO REPLACE LIGHTS IN THE DOG PARK DAMAGED
BY STORMS DURING THE SUMMER; III) $3,177.15 FOR THE REPLACEMENT OF THE PROJECTOR IN
THE FOUNTAIN CONFERENCE ROOM; IV) $39,390 FOR THE FOUNTAIN LAKE LAGOON FEASIBILITY
STUDIES; AND (V) $200,000 TO THE VEHICLE REPLACEMENT FUND TO FULLY FUND THE
PURCHASE OF THE NEW FIRE TRUCK.
Mayor Kavanagh asked for speaker cards and Town Clerk Bender stated there were three speaker requests.
Ginny Dickey, a 34 -year resident of Fountain Hills, questioned if the Fountain Lake Lagoon feasibility study had been
paid for, and if so, had Councilmembers reviewed the study. Ms. Dickey wanted to know when the feasibility study
would be available to the public.
Jim Mathews, a Fountain Hills resident, questioned the expense to replace lights located in the dog park and asked why
the lights fell down. Mr. Mathews offered his opinion on what caused the failed structure and suggested a solution for
improvement. Mr. Miller responded that the four lights fell due to a summer storm and that Town staff had been on site at
the time. Mr. Miller added the lights were eight -years old and were not made of non -corrosive steel. Mr. Miller stated
that the poles used should be made with a powder coating. Mr. Miller stated that staff had consulted with professional
outdoor equipment company who had recommended this type of non -corrosive material to solve the problem and he
thanked Mr. Mathews for his input.
Bob Wilson, a Fountain Hills resident, asked if there would be an open discussion regarding the Fountain Lake Lagoon
feasibility study. He stated the opinion that transparency was very important and a critical point of government.
Mr. Miller addressed the Council regarding the Fountain Lake Lagoon project and explained the feasibility study was a
two phase process involving Swaback Architects and Associates who calculated the cost per square feet for the project
and its facilities and then forwarded their findings to Hunden and Associates who was to finalize the feasibility study. Mr.
Miller stated that the first payment to Swaback was paid in the amount of $ l OK toward a $20K contract and the final
payment of $ l OK was to be paid upon completion of their part. Hunden and Associates were paid for their scope of
services that involved identifying the capital cost of the project, including operating and maintenance costs for the lagoon,
with their determination if the project was feasible or not. Mr. Miller continued that Hunden's contract was for
$18,800.00 with an upfront payment of $9,400.00, but during the initial review of the report, staff found the report was
incomplete and had returned the study for completion withholding the final payment until the report was done. Mr. Miller
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stated that once the Town accepted the report, the feasibility study would be placed on the Town's website with a news
release sent out as notification of its availability.
Councilmember Magazine pointed out that the Town Council's decision was not to proceed with the lagoon project; the
project is dead. He stated they would receive a report but it would be irrelevant as the project was dead.
Mr. Miller stated the Council had never voted on it as a project or approved the lagoon project. In October, the consensus
from Council was not to move forward with the project. He stated there were no plans for further action on this nor staff
presentations involving the study findings; there would not be open meetings held on this matter.
Councilmember Magazine stated he had received feedback from citizens regarding Council's approval to fund the
feasibility study and he wanted to point out that some Councilmembers were not in favor of the study, but that after
listening to Councilmembers Mr. Miller had determined there was a consensus for the study. He reiterated that not all
Town Councilmembers spoke in favor and that this was never voted on.
Mayor Kavanagh asked for a motion to approve this agenda item.
Councilmember DePorter MOVED to approve budget transfers in the amount of $277,567.15 and Councilmember Yates
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
(Mayor Kavanagh moved Agenda Items #8 and# 9 out of order due to the presenters other obligations and Council would
then resume the meeting as listed on the agenda).
AGENDA ITEM #8 — CONSIDERATION OF ORDINANCE 17-13, AUTHORIZING THE TOWN OF
FOUNTAIN HILLS TO BECOME A MEMBER OF THE REGIONAL PUBLIC TRANSPORTATION
AUTHORITY.
Mr. Miller addressed the Council regarding the information in the staff report, which was to consider authorizing the
Town of Fountain Hills to become a member of the Regional Public Transportation Authority (RPTA) or known as Valley
Metro. He pointed out that Fountain Hills was one of the few cities currently not participating. Mr. Miller stated that staff
recommended approval of membership in the RPTA and if Council approved, then agenda item #9 was a resolution
appointing the Mayor or the Mayor's designee to serve on the RPTA Board of Directors. Mr. Miller introduced the RPTA
Executive Director Officer Scott Smith who gave a brief presentation on the benefits of membership and what it offered.
Mr. Smith thanked Councilmembers and expressed that the RPTA would be happy to welcome Fountain Hills and
proceeded to review information contained in the PowerPoint presentation (available on line or in the office of the Town
Clerk).
Mayor Kavanagh and Councilmember Yates thanked Mr. Smith for his presentation. Councilmember Yates pointed out
there was no membership fee associated with this membership and suggested a possible bus route for Fountain Hills. Mr.
Smith replied that bus routes were established before Proposition 400 was voter approved. He stated Prop 400 would
expire in 2025. Mr. Smith reported that unless plans were created and presented to the voters in 2020 or 2024 to replace
Prop 400, it was unknown what would happen to the RPTA funding. Mr. Smith explained this was a good time for
Fountain Hills to join since RPTA would be allocating funds in their new proposals.
Councilmember Magazine also thanked Mr. Smith for coming and asked if RPTA provided special services for the elderly
and Mr. Smith replied the "Para -Transit" and "Ride Choice" services were available for both the elderly and the ADA
disabled. Mr. Smith mentioned that by Federal Law those services must be provided unless the community wished to
define services with the communities financial support. Councilmember Magazine suggested Council look into extended
services due to the aged population in Fountain Hills and Mr. Smith assured that the RPTA staff could give the Town
options.
Councilmember DePorter expressed it was important and vital to Fountain Hills for Council to look into opportunities to
help assist Town seniors.
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Mayor Kavanagh asked if there were speaker cards and Ms. Bender stated one request was received.
Amberleigh Dabrowski, a Fountain Hills resident, spoke in support of Fountain Hills joining the RPTA and related her
own experience with the transit system and pointed out some of the opportunities this would provide the Town.
Councilmember Yates MOVED to approve Ordinance No. 2017-13, authorizing the Town of Fountain Hills to become a
free member of the Regional Public Transportation Authority and Councilmember Magazine SECONDED the motion.
Mayor Kavanagh asked for further Council discussion and if not requested a vote.
The vote CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #9 — CONSIDERATION OF RESOLUTION 2017-44, APPOINTING THE MAYOR OR
MAYOR'S DESIGNEE TO SERVE ON THE REGIONAL PUBLIC TRANSPORTATION AUTHORITY
BOARD OF DIRECTORS.
Mayor Kavanagh asked for Council discussion or any speaker cards and if not requested a vote.
Councilmember Yates MOVED to approve Resolution No. 2017-44, appointing the Mayor or the Mayor's designee to
serve on the Regional Public Transportation Authority Board of Directors and Vice Mayor Brown SECONDED the
motion, which CARRIED UNANIMOUSLY (7-0).
Mayor Kavanagh stated that Mayor's designee would be appointed after speaking with those who had an interest in
serving.
AGENDA ITEM# 5 — CONSIDERATION OF RESOLUTION 2017-25, ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN GENERAL PUBLIC AND PEDESTRIAN
ACCESS EASEMENTS, LOCATED IN TRACTS Al AND A2 (THE PRIVATE ROADWAY TRACTS) OF THE
DIAMANTE DEL LAGO PLAT AS RECORDED IN BOOK 516 PAGE 17 RECORDS OF MARICOPA
COUNTY, ARIZONA, WITH STIPULATIONS (EA 2017-03).
Mr. Miller introduced Town Engineer Randy Harrel who reviewed information contained in a staff report and PowerPoint
presentation (available on line or in the office of the Town Clerk), involving a Town owned trail known as the "Lake
Overlook Trail". He stated a request had been received to abandon the existing platted General Public and Pedestrian
Access Easements in the area of the Diamante de Lago gated subdivision. Mr. Harrel stated the homeowners' association
representative was present to answer questions. Mr. Harrel stated staff recommended approval with the two stipulations.
Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated three cards were received.
Jim Mathews, a Fountain Hills resident, wanted Council to know that many people used this trail and requested an
explanation on what was being proposed. Mr. Miller stated that the request was to realign the trail for safety reasons since
there lacked a crosswalk causing a safety concern that was being addressed by Town staff. Mr. Harrel added this would
correct an inadequate trail linkage to the park and would not affect the trail's availability to the public.
Cyndi Roughan, a resident of Fountain Hills, requested clarification regarding the property ownership and that
abandonment would not affect the trail. Mayor Kavanagh explained that the `spur" part of the trail leading to the gated
homeowner's association properties would be removed and the public would then move along the trail as always except
for a small area redesigned.
James D. Mackiewitz, a 19 -year resident of Fountain Hills and member of the homeowners' association board further
explained that the public sidewalk easement was not necessary and the trail would not be affected. Mr. Mackiewitz added
that the `spurs" currently in place were not maintained by the Trail Conservatory and he believed this would enhance the
trail along with correcting property encroachments taken when the trail was added. Mr. Mackiewitz explained this had
been a two-year process after discovery of the error and stressed the Diamante del Lago HOA was paying the cost of
removing the encroachments' off private property.
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Mayor Kavanagh thanked Mr. Mackiewitz for his input.
Mayor Kavanagh asked for further discussion and receiving none, requested a motion.
Councilmember Leger MOVED to approve Resolution 2017-25, abandonment of the existing platted General Public and
Pedestrian Access Easements at Diamante del Lago, Tracts Al and A2 with stipulations and Councilmember Yates
SECONDED, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #6 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE
SCULPTURE TITLED, "FOUNTAIN OF LIGHT" FOR DISPLAY ON THE EAST END OF THE AVENUE OF
THE FOUNTAINS.
Mr. Miller introduced Community Director Rachael Goodwin who presented information contained in the staff report and
PowerPoint presentation (available on line or in the office of the Town Clerk). She acknowledged Sandi Thompson,
Chair, Public Art Committee was in attendance along with the artist of the proposed sculpture who was available to
provide additional information and answer questions.
Ms. Goodwin described the art piece and gave its measurements (with a proposed height of 48 to 50 feet). Ms. Goodwin
explained the art piece would be comprised of glass and galvanized steel and designed to be lit internally. Ms. Goodwin
discussed the scale and proposed modifications anticipated for the redesign for the eastern end of the park median to
accommodate ADA accessibility requirements.
Mayor Kavanagh pointed out there would be the possible partial removal of a section of the landscape to accommodate
this art piece as presented, adding width to the path, which would have to be determined. Mayor Kavanagh asked if the
base would be taller than the 9 feet gabion currently in place and Ms. Goodwin answered that it would.
Councilmember Yates pointed out that consideration must be noted to the width of the park maintenance vehicles.
Ms. Goodwin explained that the trees in the proposed area were approximately 55 feet tall and the sculpture was estimated
at 48 to 50 feet in height and stated to put it in prospective the new Park Place Development was roughly 54 feet tall.
Mayor Kavanagh asked if it would be necessary to remove trees to accommodate the sculpture and Ms. Goodwin replied
they would if approved for this proposed location. Mayor Kavanagh asked if the proposed area would affect the Farmer's
Market and Ms. Goodwin stated that this site would impact events that use the park in this area throughout the year.
Mayor Kavanagh inquired if another site was proposed to lessen the impact to the area and Ms. Goodwin said she was not
aware of the Art Committee choosing an alternate site, but knew the Centennial Circle had been discussed.
Mayor Kavanagh asked if the cost of renovation of the site had been determined and Ms. Goodwin replied that the cost
would be determined upon approval of a location and the needed services such as engineering and placement of electrical
connections.
Ms. Goodwin introduced Brian Schader, artist of the sculpture, who presented additional information on his background
and involvement in the community. Mr. Schader used a PowerPoint presentation to display the art piece and discussed
possible alternative sites to be considered such as the Centennial Circle or the west end of Town Hall. Mr. Schader noted
he would accommodate the "Dark Sky Ordinance" and stated the opinion that the overall press that this sculpture would
create would be a benefit to the Town.
Mayor Kavanagh stated the sculpture was beautiful, but expressed her concerns with the proposed location. Mayor
Kavanagh said she would consider the use of the Centennial Circle location with more open space as it could
accommodate the size of the art piece. Mayor Kavanagh added that some residents had commented to her "no more art
pieces on the median due to the overcrowding of art in the park". Mayor Kavanagh asked Mr. Schader how he felt about
the Centennial Circle location and he replied that his original attention was in this location since it was a central location
and would bring attention to the area.
Sandi Thompson agreed that the Centennial Circle location would be perfect place except that the "Power of Thought"
was located there and teachers used this piece to teach students, so the "Power of Thought" would have to be relocated.
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She said the questions of where to move it and who would pay the cost would need to be considered. Ms. Thompson
pointed out that the Art Committee's consensus was that an alternative location consisting of a large open space would be
west of the Avenue of the Fountains where the eagle statute was located - across from the Post Office.
Councilmember Yates asked if the intention of this art piece was as a congregational area and Mr. Schader responded that
it was his vision to place bronze plaques on the back of the bench seating and moving around the perimeter base. Mr.
Schader noted that Fountain Hills Architect Dave Montgomery suggested building the sculpture large enough above
ground, eliminating the need for a 25 -foot deep hole. Councilmember Yates asked if the sculpture was meant to be a
landmark and Mr. Schader replied no, that the landmark concept would take away from the original concept.
Councilmember Leger remarked that the sculpture was beautiful and explained that the Avenue of the Fountain was
designed a specific way and felt the sculpture would be too large for the proposed area and that he understood the issues
with placing it in the Centennial Circle site. Councilmember Leger suggested the sculpture be used to welcome people to
Fountain Hills in an area such as Shea Boulevard and Fountain Hills Boulevard; in the low-lying grassy area open space.
Councilmember Leger decided he would probably support staff's recommendation. Mr. Schader expressed he was not
opposed to the Shea Boulevard and Fountain Hills Boulevard location.
Mayor Kavanagh believed everyone thought this was a beautiful art piece for Fountain Hills, but not in the proposed
location.
Mayor Kavanagh asked if the Art Committee raised any money for the sculpture and Ms. Thompson stated the committee
was assisting Mr. Schader in his funding. Mr. Schader commented that there was a lot of community support and pointed
out the sculpture had previously been approved in 2013 and Ms. Thompson reiterated without cost to the Town.
Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated one card had been received.
Carol J. Carroll, a 10 -year resident of Fountain Hills, spoke in support of the sculpture and pointed out how the art piece
could recruit people to live and work in Fountain Hills and encourage visitors to come to our beautiful community. She
stated the opinion this was an opportunity to brand up.
Vice Mayor Brown agreed that the sculpture was absolutely stunning and expressed his support for placing the art piece in
Fountain Hills/Shea Boulevard. Vice Mayor Brown said that Firerock was going to rebuild the Fountain Hills Boulevard
and Shea Boulevard corner and stressed Council should spend time finding the perfect place for this sculpture. Mr.
Schader confirmed he would be happy to provide mock-ups for various locations.
Vice Mayor Brown MOVED to move forward with the sculpture titled "Fountain of Light" and spend time finding the
most meaningful and perfect place and Councilmember Yates SECONDED the motion.
Mayor Kavanagh asked for discussion.
Councilmember Magazine expressed his concerns for approving any projects at this time due to the upcoming May 2018,
primary property tax vote. He said there were unknown costs to the Town. Councilmember Magazine pointed out that
the public thought the Council had voted for the previous Lagoon Study cost and he was concerned for public's "optics"
especially from social media standpoint. He said spending money could destroy the primary property tax approval.
Councilmember Magazine suggested "Tabling" discussion at this time.
Mayor Kavanagh pointed out the Town was not paying for the sculpture and Ms. Thompson added that the Town paid the
insurance and maintenance costs for all art pieces. Ms. Thompson pointed out that the Town would choose the exact
location with the artist approval. Ms. Thompson stated that the committee had recently added a social media person who
could answer any questions on art from the public.
Mayor Kavanagh reiterated for the record that the artist would fund the art piece with help from the Fountain Hills Art
Committee at no cost to the Town except for insurance and maintenance, which was standard for all art pieces.
Councilmember Tolis agreed that the sculpture was beautiful and hoped it would bring tourists to Fountain Hills; he felt it
was necessary to receive feedback from residents.
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Mayor Kavanagh asked for a roll call.
Councilmember Magazine
Nay
Councilmember Tolis
Aye
Councilmember Yates
Aye
Councilmember Leger
Aye
Vice Mayor Brown
Aye
Councilmember DePorter
Aye
Mayor Kavanagh
Aye
The Motion CARRIED on a vote of (6-1), Councilmember Magazine cast the nay vote.
Mayor Kavanagh thanked Mr. Schader.
AGENDA ITEM #7 — CONSIDERATION OF COOPERATIVE PURCHASE AGREEMENT C2018-077 WITH
INFRASTRUCTURE ASSET MANAGEMENT, LLC, IN THE AMOUNT OF $69,995.00, FOR PAVEMENT
PERFORMANCE DATA COLLECTION AND REPORTING.
Mr. Miller said that last month the Council had met in Special Session to discuss Pavement Management and that the
Council had expressed an interest in changing the methodology from the "Zone" approach to "Worse Case" situations.
Mr. Miller pointed out this proposed contract was for data collection and reporting to staff for evaluation through a
grading system on street conditions and prioritize and address pavement maintenance. Mr. Miller introduced Public
Works Director Justin Weldy who presented further details on the cost for software and reiterated this information was
previously discussed with Council. Mr. Weldy noted that the $69,995.00 cost included the additional one-year of
monitoring with software and hardware by the company.
Councilmember Yates asked how the amount proposed differed from one-year ago that was reported at a much higher
cost and Mr. Weldy explained that the cost had been reduced while piggy -backing off of another municipality's
cooperative agreement and that the company had been vetted.
Mayor Kavanagh asked if there were any speaker cards and if not asked for a motion.
Councilmember Leger MOVED to approve Cooperative Purchase Agreement C2018-07, with infrastructure Management
Services, LLC in the amount of $69,995.00 for pavement performance data collection and reporting and Councilmember
Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
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 displayed a drawing and noted a letter of thanks she received from a McDowell Elementary School third
grade class she visited recently. Mayor Kavanagh mentioned some of the comments received in letters from the students.
All the students wanted to thank her for coming to McDowell Mountain School.
You make Fountain Hills a better place.
Fountain Hills is a great place to live and you are the best Mayor in the world.
Maybe you can put a Dutch Brother's in Town.
I wish there could be a parade for St. Patrick's Day.
When I grow up I want to be mayor (she received a lot of these comments).
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My favorite part of your speech was when you talked about the Mayor's Youth Council.
I appreciate the work you do.
I had so much fun listening to what you had to say.
When is the new Starbucks coming to Town?
Does it take hard work to become mayor or is it not hard?
I hope you can come to our school again.
The city is safe because you made it that way.
I hope you had a good time being mayor and I bet you're going to pet a snake next.
I hope you have fun cutting ribbons at new stores.
I want to live here with a kitten.
I want to be the first Native American Mayor of the Town.
Mr. Miller provided an update on the Technology Drive gate issue addressed by Council in October. Mr. Miller
introduced Public Works Director Justin Weldy to summarize proposed solutions for this location including signage using
a PowerPoint presentation (available on line or in the office of the Town Clerk) to show options proposed to abandon the
gate and provide a permanent closure.
Mr. Weldy began with a slide titled "Technology Drive Gate removal with added sidewalk improvements" with a price of
approximately $31K for all work — Plan 1. He proceeded to the next slide and discussed the differences involved at
approximately $25K not including the sidewalk — Plan 2.
Mr. Weldy continued to slide three "Technology Drive gate elevation view" and explained that Mr. Miller had requested
the wall high enough to block vehicle lights if turning around or entering a local business, so staff determined that a 32 -
foot wall would block most headlights crossing the area during morning and afternoon traffic being minimal. Mr. Miller
explained that the slide presented still showed with the gate in place and explained a lack of ability to adjust the photo, but
the gate would be removed.
Mayor Kavanagh asked if the Fire Department approved these concepts and Mr. Weldy replied that the Fire Department
did not use the gate for emergency entrance due to the time it took to open and then close the gate and noted that the new
Fire Station would be located north of Shea Boulevard.
Mr. Weldy continued to slide four, Stancrest Drive looking west at Hampstead Drive's bullet nose and suggested this as
an example for the gate area abandonment and was similar to staff's recommendation minus the sidewalk in the middle
section of the wall and would continued to the Technology location.
Mayor Kavanagh asked what the cost would be to design the Technology location the same as the Stancrest Drive site and
Mr. Weldy responded that he did not know at this time but he commented that the Stancrest building documents were
from many years ago.
Mr. Weldy displayed slide five looking west from Mustang Drive to Palisades Boulevard and displayed a hammerhead
with turning lanes along with landscaping design. Mayor Kavanagh liked this concept.
Mr. Miller pointed out that in October, the Council had made it clear that he had authorization to move forward and he
commented that this presentation was for informational purposes only.
Councilmember Yates stated there was no cost in leaving the gated area alone. Councilmember Yates asked why it was
not required to install a full cul-de-sac turn around instead of a dead end and Mr. Weldy replied if a cul-de-sac was added
under the Subdivision Ordinance would require 45 -feet or ultimately 90 -foot necessary and would involve taking land to
the north and south to construct the cul-de-sac. Councilmember Yates asked why closing the gate did not trigger
complying with the existing Town Code and Mr. Weldy explained the gate was not added as an emergency gate, but part
of a stipulation under the Target Center agreement. Mr. Weldy pointed out the Town Engineer could decide on the
modification as shown in the two optional slides provided, as on Stancrest or Mustang Drives. Mr. Miller added that to
create a cul-de-sac the Salt River Project cabinets must be relocated at a cost of $75K and did not include the need for
homeowner's consent.
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Councilmember Tolis concurred with Councilmember Magazine that Council needed to watch every penny at this time
and noted the approved traffic study showed no issues on traffic flow. Councilmember Tolis recommended this project be
"Tabled" at this time and leave the gate in place.
Councilmember Magazine pointed out the Town did not want to address this issue again and requested a final solution to
prevent revisiting in the future.
Mr. Miller reiterated that this was only a report and that staff was not asking for any Council action.
Mayor Kavanagh requested cost for an option such as built on Stancrest Drive, because she felt it would look nicer at the
end of the street.
Councilmember Yates questioned the "optics" of spending money on this project.
Vice Mayor Brown stated this project was proposed so the Town would not have to revisit the issue on the gate, but he
agreed with Councilmember Magazine's comments on the public's perceived optics noting he would not object to leaving
the gate as is since no one had objected to the headlights.
Mr. Miller reminded Councilmembers that in October they wanted a permanent solution, but he understood if the
consensus was to leave the gate alone and staff would take that direction.
Councilmember Tolis stated his support for not spending the money since it was unnecessary.
Mr. Weldy addressed the truck route situation and addressed the current the truck route south off Shea Boulevard that
extended 600 plus feet beyond Firebrick Drive and placing the route where it currently exist. Mr. Weldy stated that staff
understood that the Council requested truck signs installed in the area and explained the first sign would be located south
bound just before going up the ramp behind the Target Center and the other would be located near the current Fire Station
as a reminder. Mayor Kavanagh inquired about the Salt River Project trucks and Mr. Weldy explained that their route
was beyond that location and on their property.
Mayor Kavanagh and Mr. Weldy discussed truck traffic and the possibility for all trucks to use Shea Boulevard and
Technology Drive and it was reiterated that the traffic study showed limited truck traffic in this area and the signs were
only a reminder.
Councilmember Leger understood if the Technology gate was opened the traffic pattern would change and most likely see
higher traffic counts and added that he felt the traffic study was a waste of money and academic since the Council had
decided to honor a previous Council's commitment to the residents to close the intersection off permanently and
requesting Mr. Miller to find a permanent solution to honor that commitment.
Mayor Kavanagh stated her decision tonight was difficult since she was still interest in finding out the cost to close off the
area with landscaping.
Mr. Miller added that staff was attempting to limit maintenance cost to the Town by proposing a wall, but if requested
staff could provide information on low maintenance landscaping for this area.
Vice Mayor Brown agreed he did not want to spend the money for the wall and suggested a possible "landscape berm" as
a deterrent and would be inexpensive. Mr. Miller said he and staff would sharpen their pencils.
Councilmember Leger noted there was no need for a sidewalk and Mayor Kavanagh agreed. Mr. Weldy added the
sidewalk was just an additional deterrent for vehicles.
Mr. Miller requested another look at option #two and noted this option was the one without the wall but with vegetation,
bull -nose with asphalt and raised curb and gutter along with adding decomposed material with desert landscape. Mr.
Miller remarked that no further action would be necessary from Council, but stated he would provide final results with
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cost. Mayor Kavanagh requested the least inexpensive alternative and suggested involving the "Greening Committee" for
assistance.
Mayor Kavanagh acknowledged a speaker card on this item.
Phyliss Kern, a Fountain Hills resident, expressed the opinion that the Council had not solved the problem and requested
to leave the gate area alone since the money could be better spent elsewhere and made a comment regarding
Councilmember Leger's involvement on this issue since he lived in the area.
Councilmember Leger responded to Ms. Kern's comment and stressed he would be better served if the gate was opened,
but as a representative of the citizens of Fountain Hills he wanted to honor the commitment previously made.
Councilmember Tolis requested Council leave the gate alone and to not spend more money addressing the gate.
Mr. Miller reiterated that prior to the October meeting Council was clear that a permanent solution was necessary, so
never to address the gate issue again and pointed out any solution would cost something, but it would be addressed at the
least expensive option.
Mayor Kavanagh was only asking for the least expensive way and total cost information from staff.
Mayor Kavanagh asked for a vote to adjourn.
AGENDA ITEM #12 - ADJOURNMENT
Councilmember Tolis MOVED to adjourn the meeting and Councilmember Yates SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 7:40 p.m.
:A
ATTEST AND
PREPARED BY:
Bevelyn J. Bender, Town Clerk
CERTIFICATION
TOWN OF FOUNTAIN HILLS
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 on the 5th day of December, 2017. I further certify
that the meeting was duly called and that a quorum was present.
DATED this 16th day of January, 2018.
Bevelyn J. Bender, Town Clerk
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