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HomeMy WebLinkAbout2017.1207.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 19, 2017 EXECUTIVE SESSION Mayor Kavanagh called the Executive Session to order at 4:31 p.m. in the Fountain Conference Room - 2nd Floor, Town Hall. AGENDA ITEM#1 — ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO: (i) A.R.S. 38-431.13.03(A)(3), DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY; AND, (ii) A.R.S.4 38-431.03(A)(4), DISUSSION OR CONSULATION WITH THE ATTORNEY OR ATTORNEYS FOR THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSTION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING ORCONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSION CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION [SPECIFICALLY RELATING TO: (i) THE ADERO CANYON DEVELOPMENT AGREEMENT, EAGLES NESTDEVELOPMENT AGREEMENT, ADERO CANYON PHASE 2 PAD, GENERAL PLAN AMENDMENT; AND (ii) ETHICS COMPLAINTS; AND (iii) THE PARK PLACE DEVELOPMENT AGREEMENT].. Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis Brown, Councilmember Nick DePorter, Councilmember Alan Magazine, Councilmember Cecil Yates, Councilmember Art Tolis and Councilmember Henry Leger. Town Manager Grady E. Miller, Interim Town Attorney Scott Holcomb, Dickenson Wright Phoenix Law Firm and Town Clerk Bevelyn Bender were also present. Councilmember Yates MOVED to go into Executive Session at 4:31 p.m. and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #2 - ADJOURNMENT. Mayor Kavanagh adjourned the Executive Session without objection at 5:16 p.m. 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 — Pastor Todd Forest, Fountain Hills Christian Center ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Dennis Brown, Councilmember Nick DePorter, Councilmember Alan Magazine, Councilmember Cecil Yates, Councilmember Art Tolis and Councilmember Henry Leger. Town Manager Grady E. Miller, Interim Town Attorney Scott Holcomb, Dickenson Wright Phoenix Law Firm and Town Clerk Bevelyn Bender were also present. MAYOR'S REPORT i) Mayor Kavanagh congratulated Amberleigh Dabrowski for her appointment as the new chairman for the Planning and Zoning Commission and Susan Dempster elected as Vice Chairman of the Commission. SCHEDULED PUBLIC APPREARANCES/PRESENTATIONS z:Acouncil packets\2018\rl80116\171219m.docx Page 1 of 10 i) MAYOR KAVANAGH AND/OR COUNCIL MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. Councilmember Yates stated he had attended the Regional Maricopa Association of Governments (MAG) meeting and was informed that the Arizona economy and tourism was doing well. Councilmember Yates announced a direct flight to Montr6al Canada had been implemented and stated that Arizona was #1 in tourism dollars in the United States out of Canadian dollars. He also reported that the City of Phoenix was working with the Cities of Avondale and Goodyear to find a solution for a sustainable water source. Councilmember Yates announced that the Town's current Interim Town Attorney Fredda Bisman had announced her retirement. ii) THE MAYOR WILL READ A PROCLAMATION DECLARING JANUARY, 2018. AS "SPEAK UP, STAND UP, SAVE A LIFE MONTH" IN THE TOWN OF FOUNTAIN HILLS. Mayor Kavanagh read the proclamation (available on line or in the office of the Town Clerk) and asked all Fountain Hills residents to encourage youth to take action when peers were in need and in partnering with local leaders in simple, life -changing interventions. Mayor Kavanagh introduced Sarah Ruf from the Arizona Developmental Disabilities Planning Council to accept the proclamation. Ms. Ruf thanked Council for their support and explained her role in the program and its movement. iii) PRESENTATION BY AN EPCOR REPRESENTATIVE RELATING TO SCHEDULED MAIN LINE REPLACEMENTS IN THE SUNRIDGE AREA. Mr. Miller explained the action proposed by EPCOR was addressing two recurring main waterline breaks in the Sunridge Canyon community and introduced Jeff Stuck, Director of EPCOR's operations accompanied by Andy Brown, EPCOR's Director of Engineering who presented an overview of the capital project. Mr. Miller introduced the interim Town Attorney for this evening Scott Holcomb of Dickinson Wright Law Firm, and he mentioned that Mr. Holcomb had dressed as Santa Claus while visiting the Fountain View Retirement facilities earlier before the Council meeting. Mr. Stuck presented background information and explained that previous construction issues in the Sunridge Canyon's area created waterline breaks and EPCOR's plan was to be pro -active on the repairs. Mr. Stuck acknowledged the inconvenience of the water breaks to the residents in the community and pointed out that past repairs to waterline brakes had cost EPCOR a total of $725K in repairs since 2008. Mr. Stuck turned the presentation over to Mr. Brown who continued to explain the company's approach for a permanent repair which would include the cooperation from the Town and its residents in an attempt to find the most opportune time for construction. Mr. Brown displayed a map pointing out the areas to be addressed and declared EPCOR's investment would total $1.2M and would be placed in EPCOR's 2019 budget, with some work possibly done in 2018 after consulting with Town staff. Councilmember Yates commented that he lived in the Sunridge Canyon area and had contacted EPCOR asking for a permanent solution to the problem and thanked EPCOR for their quick response. Councilmember Yates asked for a timeline for construction and Mr. Brown replied the project would hopefully be completed as one project, but EPCOR would address any inconvenience to the residents of Sunridge Canyon during an estimated six month project. Vice Mayor Brown asked if the $5M approved by the Corporation Commission approximately two years ago would be used for this project and Mr. Stuck replied the Corporation Commission had approved particular projected projects and this project was not included, but acknowledged the necessity to do the upgrade. Councilmember Tolis asked what EPCOR intended to do about the disruption to the Sunridge Canyon Golf Course during this project and Mr. Stuck replied that EPCOR would work with the golf course and try not to affect them as much as possible. Mayor Kavanagh thanked EPCOR for addressing a water pressure issue experienced by a homeowner in the Sunridge area and expressed all the residents' appreciation for EPCOR's personal attention. Mayor Kavanagh asked Mr. Stuck to explain the Town's water well situation and how they resolved the issue. Mr. Stuck explained in 2012 (on Palatial Drive) a surface water treatment plant flowed into the community and was the only source of water for Fountain Hills at that time. He said that if that had failed, it could've impacted the Town's water supply. EPCOR opened an abandoned well in the area making it operational so if z:\council packets\2018\rl80116\171219m.docx Page 2 of 10 the main treatment plant failed, water would still be available. Mr. Stuck also noted that recently this additional well was used during a repair made to the main water plant. Mayor Kavanagh thanked EPCOR for the information and noted the information from this presentation would be added to the Town's website. CALL TO THE PUBLIC Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender stated none had been received. Mayor Kavanagh announced that Regular Agenda item #7 was removed from the agenda at the request of the Town Manager and the item would return at a later date. Mayor Kavanagh also stated that Consent Agenda items 2, 3 and 4 had been removed from the Consent Agenda at the request of Councilmember Magazine and placed on the Regular Agenda. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE CANCELLATION OF THE JANURAY 2, 2018 FOUNTAIN HILLS TOWN COUNCIL MEETING. Councilmember Leger moved to APPROVE Consent Agenda item #1 as listed and Councilmember Yates SECONDED the motion. A roll call vote was taken with the following results: Mayor Kavanagh Aye Councilmember DePorter Aye Vice Mayor Brown Aye Councilmember Yates Aye Councilmember Tolis Aye Councilmember Magazine Aye Councilmember Leger Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #2 - CONSIDERATION OF APPROVING A FIRST AMENDMENT TO CONTRACT C2017-104 WITH FIREWORK PRODUCTIONS OF ARIZONA, LLC, EXTENDING THE TERMS OF THE CONTRACT WITH UP TO FOUR ONE-YEAR RENEWABLE OPTIONS, AND INCREASING THE AMOUNT OF THE CONTRACT TO $20,000.00, NOT TO EXCEED $95,000.00 IN TOTAL. Mayor Kavanagh acknowledged Councilmember Magazine who requested this item placed on the regular agenda. z:Acouncil packets\2018\rl80l l6\171219m.docx Page 3 of 10 Councilmember Magazine clarified that he totally supported the 4"' of July event, but was questioning the commitment to a four to five year contract and asked if the contract could be for a shorter term. Mr. Miller explained that due to the nature of fireworks and the length of time it takes to acquire liability protection, the Town must have a contract in place. Rachael Goodwin, Community Services Director, added that the contract was renewable each year and was not a commitment for five years. Ms. Goodwin mentioned this action would save staff a lot of time by having this contract in place. Councilmember Magazine asked if the price was locked in and Ms. Goodwin replied yes, unless the Town's scope for the fireworks changed and only if the Town's budget was available for that year. Ms. Goodwin stressed this contract would not diminish public fundraising efforts for support of the event. Councilmember Magazine MOVED to approve the first amendment to contract C2017-104 with Firework Productions of Arizona, LLC extending the terms of the contract with up to four (one) year renewable options and increasing the amount of the contract to a total of $20,000.00, not to exceed $95,000.00 in total and Councilmember DePorter SECONDED the motion. Mayor Kavanagh asked if there were speaker cards and Town Clerk Bender stated none had been received. Mayor Kavanagh asked for a vote, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #3 - CONSIDERATION OF APPROVING COOPERATIVE PURCHASING AGREEMENT (2018-080)WITH KOMPAN, INC., IN AN AMOUNT NOT TO EXCEED $90,000.00, TO REPLACE PAYGROUND EQUIPMENT AT GOLDEN EAGLE PARK. Mayor Kavanagh acknowledged Councilmember Magazine who requested this item placed on the regular agenda. Councilmember Magazine stated he did not oppose this contract, but felt it was important to explain and place in the record why the contract was being requested. Mr. Miller asked Rachael Goodwin, Community Services Director to explain the importance of this contract. Ms. Goodwin displayed PowerPoint pictures of the current equipment and of the area where the equipment was installed between 1993-1997 at Golden Eagle Park (available on line or in the office of the Town Clerk). She pointed out the Reserve Study Replacement recommended replacement of the equipment in 2017, and stressed funding was in place. Ms. Goodwin stated the Town was being proactive before any equipment failed and caused injury. Ms. Goodwin displayed photos of some of the proposed equipment and a diagram of the projected playground overview that would utilize more space for activities. Ms. Goodwin displaced a slide showing the proposed rubberized walkway to the playground, which was used for safety purposes; and a slide listing information on the "National Recognized Standards for Playground Safety". Councilmember Magazine pointed out that sand was not in compliant with the American Disability Act (ADA) and Ms. Goodwin agreed. Councilmember Magazine MOVED to approve a cooperative purchasing agreement (2018-80) with Kompan Play Equipment, in the amount not to exceed $90,000.00, to replace playground equipment at Golden Eagle Park and Councilmember Yates SECONDED. Mayor Kavanagh asked for further Council discussion and if not requested a vote, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #4 — CONSIDERATION OF APPROVING THE PROFESSIONAL SERVICES AGREEMENT (C2018-041) WITH HUNT DESIGN AND ASSOCIATES, INC., IN THE AMOUNT OF $95,500.00, FOR PROVIDING PROFESSIONAL SERVICES FOR THE ASSESSMENT AND DESIGN OF THE TOWN -WIDE MUNICIPAL WAYFINDING SIGN PROGRAM. Mayor Kavanagh acknowledged Councilmember Magazine who requested this item placed on the regular agenda. Councilmember Magazine expressed he was troubled by this request due to the Town's financial position and the amount held currently in the Capital Improvement Fund (CIP) totaling $5.5M . Councilmember Magazine pointed out that the Fire Station Relocation Project had increased by $600K and along with funding the $2M for the Adero Canyon Trailhead, would deplete the CIP fund to less than $1M. He also pointed out that the estimated construction sales tax next year and placed in the CIP fund was estimated at only $360K leaving the CIP fund balance, lower than the Town had seen in many years. Councilmember Magazine stressed he was in support of replacing the old signage, but understood the $100K would only cover the sign design and suggested location placement. Councilmember Magazine wanted to know what the cost of fabrication and installation of the signs would be. z:Acouncil packets\2018\rl80116\171219m.docx Page 4 of 10 Marissa Moore, Senior Planner explained it would depend on the study and Hunt's recommendations. Ms. Moore mentioned some funding was already available with the final cost to be determined sometime in March 2018, for placement in the next year's budget Councilmember Magazine pointed out that the cost after design would further deplete the Town's CIP fund and maintained this contract would be a mistake at this time. Ms. Moore provided information on the vendor's background and said she found Hunt Design to be very experienced and listed some of the many important project's Hunt had been contracted to design. Councilmember Yates asked if the Town had received other bids and Ms. Moore replied one for $189,921 and another totaling $187,946. Councilmember Yates pointed out that Hunt Design and Associates were the most qualified at 50% less cost, and included holding community meetings, and availability to discuss options with Council. Councilmember Yates said the Town's CIP Fund was to be used for Town improvements. Councilmember Leger stated the opinion that $100K to design and assessment was a little excessive, but understood it showed through the other bids that the process would be expensive. Councilmember Leger questioned just how complicated it would be for the Town Staff to replace existing signage. Councilmember Leger wanted to know cost for fabrication, materials and installation. Ms. Moore referred the question to Justin Weldy, Public Works Director, who stated the estimated costs at $150K on the high end and was calculated for the current budget cycle, but noted the true cost must be determined. Councilmember Leger asked if Town staff would install the signs and Mr. Weldy replied the manufacturing and installation would be contracted out. Councilmember Leger supported the Wayfinding Signage Program, but questioned if it was possible to repeat signage installed by the Town recently and replace existing signs due to the upfront proposed excessive costs. Mr. Miller pointed out that he had noticed too many signs around Town and believed a contracted firm would identify those signs and reduce visual clutter, while directing people to specific sites. Mr. Miller stated he understood some Councilmember's concerns on cost, and reiterated the process and the extreme vetting completed. Councilmember Tolis agreed with Councilmembers Magazine and Leger that this item should placed on hold and addressed at a future meeting. Vice Mayor Brown stated he previously was against the Hunt Design contract, but after reviewing the scope of work he had decided to support the funding due to possible larger costs in the future. He expressed he understood stated Councilmembers' concerns, but he saw the value in this contract. Mayor Kavanagh agreed with Vice Mayor Brown and believed residents understood spending money was necessary to upgrade the look of the Town and was important to them. Mayor Kavanagh pointed out that the new signage would replace the old brown signs and invite visitors into Town driving along Shea Boulevard. Mayor Kavanagh also mentioned how new signage would help during special events to provide proper direction. Councilmember DePorter stated this was not on his "must have" list at this time, was not a public safety need, so it could be considered after the voters approved the proposed Primary Property Tax. Councilmember Yates reiterated the Town would not get a better value now or in the future and this project was long overdue. Councilmember Yates maintained this program would be responding to comments from visitors, the Vision Fountain Hills and Strategic Planning Advisory Commission (SPAC); he did not want to pass on this opportunity. Councilmember Leger stated he was in favor of the wayfinding program and concluded this was the process to do the project and would be carried over two budget cycles. Councilmember Leger asked Finance Director Craig Rudolphy if any of the signs proposed in the downtown area could be funded from the dedicated Downtown Development Fund and Mr. Rudolphy replied the funds could be used. Councilmember Leger declared he would be supporting the funding for this program. Councilmember Magazine reiterated his request to not move forward at this time due to the Town's financial situation, but stated he understood the need. He stated the opinion this was not the time to move this forward. Councilmember Magazine MOVED to defer action on the Professional Services Agreement C2018-041 to Hunt Design and Associates, Inc., in the amount of $95,500.00, for providing professional services for the assessment and z:Acouncil packets\2018\r180l l6\171219m.docx Page 5 of 10 design of the Town -wide municipal Wayfinding Sign Program until after the next budget cycle and Councilmember Tolis SECONDED the motion. Councilmember Tolis stated his position and that if the voters decide to approve the additional funding source for the Town through the proposed Primary Property Tax in May 2018, then the funds would be available to beautify the community and this item could come forward in the future. Mayor Kavanagh stated the opinion that the community would vote for the property tax to keep Fountain Hills beautiful and she would be supportive of the program. Mayor Kavanagh did not see this program's approval as a deciding factor on the Primary Property Tax vote. Councilmember Yates stated the proposed signage was not a beautification project and that they needed to look at the municipality comprehensively as this was not a must have. Councilmember Yates stated this was an opportunity and the Council had a fiduciary responsibility to the community not to delay this approval. Mayor Kavanagh asked for a roll call vote on the motion. Councilmember Tolis Aye Councilmember Leger Nay Councilmember DePorter Aye Councilmember Yates Nay Councilmember Magazine Aye Vice Mayor Brown Nay Mayor Kavanagh Nay The MOTION was FAILED on a vote of (3-4). Mayor Kavanagh, Vice Mayor Brown, Councilmember Leger, and Council Member Yates cast the nay votes. Councilmember Yates MOVED to approve Professional Services Agreement C2018-041 to Hunt Design and Associates, Inc., in the amount of $95,500.00, for providing professional services for the assessment and design of the Town -Wide Municipal Wayfinding Sign Program and Councilmember Brown SECONDED the motion. Mayor Kavanagh asked for any further discussion and if not requested a roll call. Councilmember DePorter Nay Vice Mayor Brown Aye Councilmember Leger Aye Councilmember Magazine Nay Councilmember Yates Aye Councilmember Tolis Nay Mayor Kavanagh Aye The MOTION was APPROVED on a vote of (4-3). Councilmember DePorter, Councilmember Magazine, and Councilmember Tolis cast the nay votes. AGENDA ITEM #5 — PUBLIC HEARING TO RECEIVE COMMENTS ON RESOLUTION 2017-33, A MAJOR GENERAL PLAN AMENDMENT RELATED TO THE PROPOSED ADERO CANYON PHASE II RESIDENTIAL DEVELOPMENT PROPOSAL TO BE LOCATED AT 13300 N. EAGLE RIDGE DRIVE. CASE #GPA2017-02. Mayor Kavanagh announced that one staff report would be presented for both items #5 and #6 and any speaker cards would be allowed on item #5. Mayor Kavanagh opened the Public Hearing at 6:36 p.m. Mr. Miller introduced Bob Rodgers, Director of Development Services, who reviewed the information in the staff report and PowerPoint presentation (available on line or in the office of the Town Clerk) regarding a Major General z:Acouncil packets\2018\r180116\171219m.docx Page 6 of 10 Plan Amendment requested by Toll Brothers Homes for the proposed Adero Canyon Phase II area located at 13300 N. Eagle Ridge Drive. Mr. Rodgers stated this was a time sensitive request due to items scheduled for Council's approval in the near future. Mr. Rodgers presented a slide of the existing General Plan Use Classifications; proposed Major General Plan Amendment Land Use Classification involving Parcels, 2-5, Parcel 6 and Parcels 9 and 10. Mr. Rodgers discussed additional applications that would come before Council in January 2018, subject to Council's decision regarding the General Plan Amendment. Mr. Rodgers reported that the Planning and Zoning Commission voted unanimously to forward a recommendation for approval, as did Town Staff. Mr. Rodgers pointed out that a representative from Toll Brothers and MCO Properties were both present to answer questions including a presentation given by Wendy Riddle, Attorney for the Toll Brothers. Ms. Riddle presented a PowerPoint map describing the project, which included the conversion of 167 acres from privately held land to preserved open space with 50% of the project area devoted to open space and improved the trail connection for the community with no increase in density. Ms. Riddle mentioned that the orientation of the homes would be lower in the canyon and confirmed that approval had been received from the surrounding builders and the CopperWynd Resort located in the area affected. Ms. Riddle added that Toll Brothers hosted a neighborhood open house, which no one but representatives from Toll Brothers and MCO Properties attended and they were not aware of any other interested parties. Mayor Kavanagh asked for Council questions. Councilmember Leger requested a timeline when the trail connection would be made and would that be the target date of December 2020, as agreed upon in the development agreement and Ms. Riddle replied Toll Brothers was anxious to develop once all approvals were received and would hopefully beat the December 2020 date, but stressed they could not commit at this time. Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated one had been received. Paul Gilbert, Attorney from Paradise Valley and representing MCO Properties, spoke in support of the project. Councilmember DePorter stated his support for smaller home sites. Mayor Kavanagh remarked the Toll Brothers project was beautiful. Councilmember Magazine inquired about the price range of the homes and pointed out the prices needed to be affordable for younger families. Ms. Riddle was reluctant to project pricing, but maintained it was Toll Brothers objective to bring more families into Fountain Hills. Councilmember Yates thanked Ms. Riddle and Toll Brothers. Mayor Kavanagh closed the Public Hearing at 6:48 p.m. AGENDA ITEM #6 — CONSIDERATION OF RESOLUTION 2017-33, A MAJOR GENERAL PLAN AMENDMENT RELATED TO THE PROPOSED ADERO CANYON PHASE II RESIDENTIAL DEVELOPMENT PROPOSAL TO BE LOCATED AT 13300 N. EAGLE RIDGE DRIVE. CASE #GPA2017- 02. Councilmember Yates MOVED to approve Resolution 2017-33, the Adero Canyon Phase II, Major General Plan Amendment as presented and Councilmember Tolis SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). Councilmember Leger left the dais at 6:49 p.m. Agenda item #7 was removed from the agenda at the request of the Town Manager. z:Acouncil packets\2018\rl 801 16\171219m.docx Page 7 of 10 AGENDA ITEM #8 — CONSIDERATION OF CONTRACT C2018-08 WITH DANSON CONSTRUCTION LLC, INC., IN THE AMOUNT OF $4,058,000.00, FOR THE CONSTRUCTION OF FIRE STATION NO. 2 RELOCATION; AND AUTHORIZING THE EXPENDITURE OF AN ADDITIONAL $600,000.00 FROM EXISTING CAPITAL FUNDING. Mr. Miller gave the opening remarks and explained due to higher labor costs and the valley's significant increase in construction, the contracted Engineers were predicting an increase in cost to the new relocated Fire Station project in the amount of $600K. Mr. Miller pointed out that other municipalities had reported increases in their capital projects by 20%-30% over and above their anticipated costs. Mr. Miller introduced Public Works Director Justin Weldy and pointed out that by approving this project with the increased costs would eliminate further increases in the future and asked for Council's approval. (Renderings and contract information available on line or in the office of the Town Clerk) Councilmember Leger returned to the dais at 6:50 p.m. Mayor Kavanagh asked if there were any speaker cards and Ms. Bender answered none had been received. Vice Mayor Brown stated he understood the increase of $600K and relayed his experience related to owning his own construction company; he acknowledged there was a labor shortage in the valley. Vice Mayor Brown gave his support for the project due to the life and safety issues for the area residents. Vice Mayor Brown said the fire station did not need to be a monument, with an excessive design and materials. He stated the opinion that he still believed the cost of the project could have been rolled back and kept under budget. Councilmember Magazine expressed the opinion that there were those who viewed Fountain Hills as being wealthy and did not want the residents to be overpaying for that reason. Vice Mayor Brown disagreed with Councilmember Magazine and liked the idea people saw Fountain Hills as being affluent and stressed it was time to move forward on this project. Councilmember Yates believed the Town's bidding process needed to be changed and asked for value engineering on projects instead of looking at the approved budget. Councilmember Leger perceived that engineers reviewed the Town's budget for a project first and stated he also disagreed with the process. Councilmember Leger agreed the project needed to go forward and with Council's approval for the sake of the residents as a matter of public safety and to avoid higher costs if the project was delayed. Councilmember DePorter left the dais at 6:59 p.m. Mayor Kavanagh asked if there were any speaker cards and if not, she requested a motion. Councilmember DePorter returned to the dais at 7:01 p.m. Vice Mayor Brown MOVED to approve Contract C2018-08 with Danson Construction, LLC in the amount of $4,058,000.00 for the construction of Fire Station #2 and authorizing the expenditure of an additional $600,000.00 from the Capital Fund and Councilmember DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #9 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING CUL-DE- SAC CONCEPTS TO ADDRESS THE CLOSURE OF TECHNOLOGY DRIVE. Mr. Miller reminded Council that during the last Council meeting two concept plans were presented regarding a permanent solution for the gate closure at Technology Drive. Mr. Miller added that no action was requested at that time, although staff received suggestions for design concepts. Mr. Miller introduced Justin Weldy, Public Works Director, who presented two new plans along with a recommended third plan, presented previously. Mr. Weldy explained Concept #1 was Stancrest Drive area inspired with landscaping, trees, shrubs, cacti, granite and boulders. Mr. Weldy pointed out that this concept plan would require an irrigation system at a cost of $5K and installed by the Public Works Department at a cost of $30K, not including the irrigation and staff labor. z:\council packets\2018\r180116\171219m.docx Page 8 of 10 Mr. Weldy described Concept #2 that eliminated the landscape materials requiring irrigation and using native plantings and natural seedlings. Mr. Weldy explained the cost was estimated at $25K with consideration for the size of the cacti and the number of plants installed. He added that cost of installation was not factored in for this plan. Mr. Weldy reviewed Concept #3 consisting of a masonry wall and eliminating the sidewalk, trees, shrubs or any boulders, which was the previously recommended concept and the cost was estimated at $25K. Councilmember Yates left the dais at 7:04 p.m. and returned at 7:05 p.m. Mayor Kavanagh asked if there were any speaker cards and Ms. Bender stated two had been received. Phyllis Kern, a Fountain Hills resident, supported leaving the gate in place or to permanently open the gate and not spend money to redesign the area. Ms. Kern believed the best alternative would be to leave gate open since the industrial business owners expressed anger during their conversation with her on the closing and also mentioned an emergency situation recently where a delay in care was due to the gate being closed. Ms. Kern also suggested another alternative would be to wait until after the proposed Primary Property Tax was voted on and see what the residents wanted. Sherm Abrahamson, a Fountain Hills resident, who lived across the street from the gate pointed out that Council had already made a final decision on the gate issue and ultimately wanted something done since this issue had been addressed many times and to maintain the Council's integrity related to a previous Council's decision. Mayor Kavanagh also mentioned that Councilmembers had received letters from residents of Mirage Cove. Mayor Kavanagh asked for comments from Council. Mayor Kavanagh stated she did not like the wall nor believed the residents liked looking at a wall. Mayor Kavanagh stated her support for Concept #2 with desert landscaping. Vice Mayor Brown MOVED to approve Concept #2 of the variations of the proposed concepts for Technology Drive and direct staff to move forward in implementing the approved intersection improvements at Technology Drive and Councilmember Magazine SECONDED the motion. Mayor Kavanagh asked for Council discussion. Councilmember Yates pointed out this project was not listed in the Town's Strategic Plan or Vision Plan and was not a health or safety issue or part of a larger project, and requested Council to not spend Town's funds for this project. Councilmember Yates complimented Mr. Weldy for his presentation and low cost options, but expressed this was an example where they could save money and pointed out that Council had agreed to keep the gate locked. Councilmember Magazine said he did not consider this a "nice to have" but as a commitment; he indicated he had decided to support Concept #2 because the redesign was important to permanently replace the gate and eliminate further discussion. Councilmember Magazine declared this was a necessary solution. Mayor Kavanagh added the proposed plan would give a final solution for the residents' peace of mind and the area would look nice. Councilmember Tolis pointed out there could be an opportunity in the future to beautify the area when the vacant commercial property was developed and he stated he wanted to leave the gate locked and not spend the $25K on this proj ect. Mayor Kavanagh asked for further discussion and if not a roll call on the motion. Councilmember Yates Nay Councilmember DePorter Nay Councilmember Tolis Nay Vice Mayor Brown Aye Councilmember Magazine Aye Councilmember Leger Aye Mayor Kavanagh Aye The motion CARRIED on a vote of (4-3). Councilmember Yates, Councilmember DePorter, and Councilmember Tolis cast the nay votes. z:\council packets\2018\rl 801 16\171219m.docx Page 9 of 10 AGENDA ITEM #10 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. Councilmember Yates requested staff review the criteria for items placed on the Town's Consent Agenda. Mr. Miller agreed and would schedule this item for the next Council meeting dated January 16, 2018. Mayor Kavanagh reminded everyone the Tuesday, January 2, 2018 Town Council meeting had been cancelled. AGENDA ITEM #11 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER. None. AGENDA ITEM #12 — ADJOURNMENT Councilmember Yates MOVED to adjourn the meeting and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 7:15 p.m. WIMAWK11 W 91/18110 leg 1, 11 a Oki 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 Executive Session, held in the Fountain Conference Room — 2nd Floor and Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 19th day of December, 2017. 1 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 z:Acouncil packets\2018\rl80116\171219m.docx Page 10 of 10