HomeMy WebLinkAbout2018.11.20.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING OF THE
FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 20, 2018
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Linda M. Kavanagh
Mayor Kavanagh called the meeting of November 20, 2018, to order at 5:33 p.m.
2. INVOCATION — Pastor Bill Good, Fountain Hills Presbyterian Church
Pastor Good of the Fountain Hills Presbyterian Church gave the invocation.
3. ROLL CALL — Mayor Linda M. Kavanagh
COUNCILMEMBERS PRESENT: Mayor Linda M. Kavanagh; Vice Mayor Art Tolis;
Councilmembers Henry Leger, Sherry Leckrone, Nick DePorter and Alan Magazine.
COUNCILMEMBERS ABSENT: Councilmember Dennis Brown.
STAFF PRESENT: Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson; and
Town Clerk Elizabeth A. Burke.
4. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS:
Mayor Kavanagh recognized the graduates of the 2018 Fountain Hills Leadership
Academy. Tom Lindsay from the Second Class read the names of the graduates:
Sean Klasen; Jessamyn Clark; Ms. Lee Cruzan; Kimberly Goyena; Lawrence Cole;
Stephen Bolton; Margot Sorensen; Jeff Espositio; Michael Hoops; Stephanie Czopp; Rick
Halsten; Susan Dempster; Kristen Skivington; Jerrod Stearnes; Jennifer Allshouse;
Kimberly Coffel.
Councilmember Magazine congratulated the graduates and stated that his observation is
that many members of the first two classes have gotten very involved in Town.
Mr. Miller mentioned that each of the members had to prepare a class project and they
were on display in the lobby for the public to view.
A. Citizen Request to Address Council regarding the Nuisance Party Ordinance.
Christine McGinn, Fountain Hills, came forward and requested that the Council
take another look at the Nuisance Party Ordinance. She said that she has done a
lot of research into similar ordinances in other communities and felt that the
Fountain Hills' ordinance was too strict.
She said that she had the video recordings of the times that the Sheriff's Office
has been called to a particular home, but chose to not show it as she was limited
TOWN COUNCIL REGULAR MEETING AGENDA
NOVEMBER 20, 2018 PAGE 2
in time. In summary, she said that the Town Council failed to act on behalf of the
entire Town when passing the ordinance and it was done without doing their due
diligence.
With regard to this item, the following individuals address the Council:
Chris Gilboe, Fountain Hills, said that she represented two streets who continue to
call the Sheriff's Office about the "party house" or what they refer to as "Casa
Rosarito." She said that the neighbors continue to contact the Town Manager,
Town Council, AirBnB, and others, but no one is willing to enforce it. She said that
Mr. Miller e-mailed her and said they were unable to enforce it because no one
would provide their names to file a complaint. She said that the neighbors are
willing to give their names now.
Richard Rutkowski, Fountain Hills, said that such an ordinance can create
unintended consequences. He and his wife hosted two parties for the
Fountain Hills High School Band and they had over 100 students/parents. There
was no alcohol or drugs, but there was noise. There was no complaint, but had
there been it could have created a negative impact, especially on the visiting
German students.
Gerry Friedel, Fountain Hills, thanked Ms. McGinn for coming forward. He said that
it took a lot of courage to do the research and give the facts. He said that based
on the presentations this evening it warranted having further review of the
ordinance.
Howie Jones, Fountain Hills, said that he was former a member of the Planning
and Zoning Commission and Public Safety Commission, and from what they have
heard there is a problem with the ordinance. He said that the new year is right
around the corner and there will continue to be problems until they review the
ordinance to determine any changes that may be needed.
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(iii) ask that the matter be placed on a future Council agenda.
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 Regular Meeting of November 6, 2018.
TOWN COUNCIL REGULAR MEETING AGENDA
NOVEMBER 20, 2018 PAGE 3
B. HEARING AND CONSIDERATION OF approving a Liquor License application for
agent change, acquisition of control submitted by Richard A Ferry owner of Monte
Doro Ristorante LLC DBA Pietros, located at 9800 N Summer Hill Boulevard
#1 Fountain Hills, AZ, for a #12, Restaurant, license.
C. CONSIDERATION OF approving a Special Event Liquor License application
submitted by Paul Downing representing the Fountain Hills Theater located at
11445 N. Saguaro Boulevard, Fountain Hills, AZ for the purpose of a fundraiser to
be held on December 2, 2018, from 2:00p.m. to 10:00 p.m.
D. CONSIDERATION OF approving contract number 2019-044 with Third Degree
Recreation LLC in the amount NTE $75,000 for benches to be placed in Fountain
Park in association with the memorial bench replacement program.
Vice Mayor Tolis MOVED to approve Consent Agenda Items 6-A through 6-D;
SECONDED by Councilmember Magazine; passed unanimously (6-0), with the following
roll call vote:
COUNCILMEMBER MAGAZINE AYE
MAYOR KAVANAGH AYE
VICE MAYOR TOLIS AYE
COUNCILMEMBER LEGER AYE
COUNCILMEMBER BROWN AYE
COUNCILMEMBER DEPORTER AYE
COUNCILMEMBER LECKRONE AYE
7. REGULAR AGENDA
A. CONSIDERATION OF adopting Resolution 2018-61, abandonment of the 10'
Public Utility and Drainage Easement at the rear of Plat 212, Block 11, Lot 17
(16162 E. Palisades Blvd.), as recorded in Book 141, Page 17 (and Book 153,
Page 35), records of Maricopa County, Arizona. (EA 2018-19)
Mr. Miller said that before the Council was a request from an applicant for
consideration of an abandonment of a utility easement.
Civil Plans Examiner Anh Harambasic gave a PowerPoint presentation which
showed the property lines and a few pictures of the yard. She said that staff
members have communicated with the neighbors regarding their concerns. She
said that staff has taken the stance that this is a dispute between neighbors and
would need to be addressed through civil recourse, not through the easement
abandonment.
She said that all public utilities have approved the request and staff has performed
site visits and determined that there is no need to retain the drainage easement.
Ms. Harambasic said that the neighbor on Palisades had concerns with the two-
foot retaining wall built by the Goods, thinking that it was built on their property, but
TOWN COUNCIL REGULAR MEETING AGENDA
NOVEMBER 20, 2018 PAGE 4
after staff requested the property owner provide a sealed survey, it was determined
to be on the Good's property.
She said that there were some steps taken out of order, but staff has been working
with the property owner to correct the problem and bring the wall up to Code with
the abandonment and grading with a building permit.
Councilmembers said that they had received a lot of correspondence from various
neighbors and it appeared that the cart was put before the horse. Ms. Harambasic
said that staff has requested that the property owner build a retention basin at the
rear of his lot, with rip rap so the water will overflow and go where it is supposed
to go. She said that this will help with erosion control and mitigate further issues.
She said that the property owner is going to complete the drainage swell that has
been started, it will be inspected, and then he has another building permit for a rod
iron fence which will require a grading permit. Once those are all completed, he
will be in full compliance.
Ms. Harambasic said that if someone does something without a building permit,
they will be assessed a fine. She said that they have to complete this process first
before the building permit.
Timothy Good, property owner, said that he was born and raised in Fountain Hills
and purchased the property last year. When he started the project he did not know
that the easement was there. When it was brought to his attention he contacted
the Town, paid for the survey, is addressing the erosion and sediment control with
a civil engineer and received approval from all six requested public utilities for
easement abandonment.
Councilmember DePorter MOVED to adopt Resolution 2018-61; SECONDED by
Councilmember Magazine; passed unanimously (6-0).
B. CONSIDERATION OF approving the first amendment to Contract C2018-081
(C2018-081.01) with Danson Construction LLC in the amount of $254,165.00 for
the construction of the new Fire Station #2.
Mr. Miller said that when the contract was awarded for this project the Town had
budgeted a certain amount of money and the Council approved a budget transfer
of $600,000 to match the CIP budget. He said that they have since learned, while
amending the contract, that the original amount did not include the Owner's
Allowance. Tonight is an amendment to the contract to provide for the Owner's
Allowance, and to request a corresponding budget transfer for the amount.
Councilmembers voiced concern with overruns on construction projects lately, and
discussion ensued. Mr. Rudolphy said that his opinion is that when the great
recession hit the state, they lost a lot of the construction labor. They went
elsewhere for work and while the economy recovered, they have not yet returned.
As a result, most bids are coming in significantly higher than the engineer's
estimates. He said that he believes that they will continue to see that trend.
TOWN COUNCIL REGULAR MEETING AGENDA
NOVEMBER 20, 2018 PAGE 5
Mr. Miller said that in this particular case, they had some change orders necessary
for the project, they had other things to work out for site preparations, to get the
water line extension through a cost sharing with Epcor, and there were some things
that they should have anticipated. He said that was an oversight on the part of staff
and himself.
Concern was voiced by Council regarding continual differences between engineer
estimates and actual bids. Mr. Miller said that this is not just happening in
Fountain Hills, but everywhere. He said that at a recent MAG (Maricopa
Association of Governments) meeting it was noted that the Arizona Department of
Transportation (ADOT) missed the mark by $100 million for a project at 1-17 and
the 101.
Mr. Miller said that he has asked staff to make copies of the change orders so that
Council will at least have that information available, but they were unable to get it
in the packet.
Further discussion was held on projects being bid based on estimates that were
five years old. Mr. Miller noted that if the estimates are that old, staff will oftentimes
increase the estimate to address the length of time.
Councilmember Leger MOVED to approve the first amendment to Contract C2018-
081 (C2018-081.01) with Danson Construction LLC in the amount of$254,165.00
for the construction of the new Fire Station #2, and the corresponding budget
transfer in the same amount; SECONDED by Councilmember DePorter; passed
unanimously(6-0).
C. CONSIDERATION OF authorizing the use of Town property near the Centennial
Circle of the Fountain Hills Civic Center for the location of the proposed Fountain
Hills Astroscience Discovery Center.
Mr. Miller said that Joe and Nancy Bill head the Dark Skies Association and they
had brought on an architect for a preliminary design for a proposed Fountain Hills
Astroscience Discovery Center. He then introduced Mr. Bill who came forward to
review the proposal.
Mr. Bill thanked the Council for supporting the 3.5 year adventure, starting with the
approval of the Outdoor Lighting ordinance in 2016. In 2017 they applied for their
Dark Sky Community designation and in January 2018, were designated the 17th
Dark Sky Community in the world.
Mr. Bill said that they have an active Board and they assembled a team of
stakeholders, including the Chamber, schools, astronomy folks, Dark Sky
enthusiasts, etc. to consider such an Astroscience Discovery Center. He said that
they hired a highly-reputable architectural firm, Winslow, and they lead some
discussions to do a needs assessment to give some shape to such a facility.
Mr. Bill said that it would have four components, and he believes it could be a
regional tourist attraction. It would provide an opportunity for students and adults
to have partnerships with universities, etc.
TOWN COUNCIL REGULAR MEETING AGENDA
NOVEMBER 20, 2018 PAGE 6
Mr. Bill said that they reviewed a number of different Town properties, considering
the pros and cons of each, and came back to the Centennial Circle area. It has
parking, easy access, and dark areas that are perfect for an observatory.
They believe that it would develop a synergy with the museum, library, community
garden and the community center. It will be a draw for people in the area and
outside of the area.
Mr. Bill said that they will soon be getting a concept design from the architects and
ASU has said that they would do a feasibility study. They are now at a point, in
order to do this next steps, to have a commitment of the Town property and where
it would be located. They are asking the Council's authorization to use Town
property in the Centennial Circle area, understanding that such a project would be
contingent upon a successful feasibility study and fundraising.
Mayor Kavanagh said that Joe and Nancy have been the driving force behind the
whole project, and she thought it was wonderful to have had Fountain Hills featured
in the Arizona Highways for their Dark Sky designation.
Mr. Bill said that the study would be starting sometime in January, and a professor
taking this on for his Capstone Project. He said that they will be going after a lot of
money, but there would be no financial asks from the Town.
Discussion was held on the proposed location of the facility and Mr. Bill noted that
it has not been specifically addressed at this time; it would be proposed after further
review and the feasibility study.
Mr. Miller said that tonight they were asking for the Council's blessing,
understanding that there is nothing set in stone at this time. They would then have
the feasibility study done to see if it is financially viable, and determine the costs
associated with capital and operation, and they would then bring that back to the
Council with a precise location.
He said that once that occurred, and if they still moved forward, they would come
back for the Council to approve the granting of a lease agreement for the property.
Further discussion was held on when the correct time was for making formal
motions and concerns with overpromising the Town.
Comment cards in support of this proposal were submitted by Vidal Derksen and
Ted Blank.
Councilmember Magazine MOVED to authorize the use of Town property near
Centennial Circle for an Astroscience Discovery Center; SECONDED by
Councilmember Leckrone. It was noted that while they may approve this at this
time, there are still many steps to walk through. The Bills said that they understood.
MOTION passed unanimously (6-0).
TOWN COUNCIL REGULAR MEETING AGENDA
NOVEMBER 20, 2018 PAGE 7
D. CONSIDERATION OF awarding Contract C2019-09 to Judi Yates for the Fountain
Hills Arts and Crafts Market.
Corey Povar with the Community Services Department said that for several years
they have had the Arts and Crafts Market and Farmers Market on the Avenue from
October through April. In the past it was done through the Special Event process
and while it initially worked, they have decided that in order to get both sides
(Farmers Market and Arts/Crafts) to work together, they approached it with doing
a Request for Proposals and awarding contracts.
Mr. Povar said that Judi Yates has held the Market for about nine years, but at the
end of the 2017 season the Town decided to move both markets in to operating
them under a contractual basis. He said that Judi was the only submittal to run the
Art on the Avenue and with the contract the Town will collect approximately$2,000
of revenue each year with the market running every Thursday from 11:00 a.m. to
5:00 p.m. October through April.
He said that this allows the Town to have more organized markets along the
Avenue and put stipulations on what can be held in the Market.
Brief discussion was held on the ability to hold an evening Market and staff noted
that the biggest problem with that at this time is the cost of lighting.
Vice Mayor Tolis MOVED to approve the contract with Judi Yates for the Fountain
Hills Arts and Crafts Market; SECONDED by Councilmember Magazine; passed
unanimously (6-0).
Mr. Povar noted that he checks with Judi regularly to ensure that the vendors are
registered and paying their sales taxes.
E. CONSIDERATION OF approving additional funding for the Fountain Hills Blvd.
Shoulder Widening Project.
Public Works Director Justin Weldy said that the Fountain Hills Blvd. Shoulder
Widening project has been in the works for many years and most recently ADOT
went to bid, receiving only a single bid which was considerably higher than the
engineer's estimate.
He said that there are numerous options to go forward:
1) Take funding from HURF in the Street Department and move it into this project,
and move forward;
2) Reduce the scope of the project and have a redesign and a new engineer's
estimate, and go back out to bid;
3) Not move forward at all.
Mr. Weldy said that the Town has applied for unspent funding from the MAG
program and it has been processed at 70% of the $360,000. Should the
Transportation Committee approve this, then the Town would only have to come
up with 30% of the overage on the bid.
TOWN COUNCIL REGULAR MEETING AGENDA
NOVEMBER 20, 2018 PAGE 8
Mr. Weldy said that this project has been put off for the past 12 years at least.
Mr. Miller said that they have also identified another project, the Fountain Hills
Widening Project, and one of the advantages is that they have already done some
engineering, slightly reducing the cost of that project. Mr. Weldy said that under
the direction of the Town Engineer, they did a direct select for Sunrise Engineering
for the Fountain Hills Blvd. Feasibility Study Widening concept because they had
an extensive history on this and north, south, east, and west, of this location. He
said that the feasibility study will be brought back later for the widening in this
general area.
Mr. Weldy said that the Shoulder project provides for widening of the shoulder on
Fountain Hills Blvd. just north of Pinto to just south of Segundo. Right now it is a
relatively narrow lane of pavement, and then dirt. This will allow for a safety pullout,
access for pedestrians, and also badly needed drainage channels to convey the
water in the low-flow areas.
Mr. Weldy said that staff was not making a recommendation, other than to suggest
that they use the HURF funds to cover the balance, which is currently budgeted
for pavement management, and then they would reduce that amount to cover
things like roads being washed out. He said that they currently have the funding
available for unexpected occurrences throughout the year.
Councilmember Leger MOVED to authorize Option 1, with HURF funds to be used
either to supplement the MAG funds or to cover the entire difference (if MAG funds
are not received), and approve a corresponding budget transfer; SECONDED by
Councilmember Magazine; passed unanimously (6-0).
F. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the pavement
management project for FY2018/19.
Mr. Weldy said that on December 5, 2017, the Mayor and Council approved a
contract with IMS Infrastructure Management Services, LLC to provide a pavement
analysis and mapping of the Town's roadway network. The results of the analysis
were presented to the Mayor and Council at a special session on April 17, 2018.
He said that tonight's presentation is to present the proposed paving project that
was prepared using the data collected from the pavement analysis for fiscal year
2018-19 and show the proposed paving projects for fiscal year 2019-2020. He then
reviewed a PowerPoint presentation, attached hereto and made a part hereof as
Exhibit A.
Mr. Weldy said that prior to this study, they would improve roads within the Town
based on zones.
Mr. Weldy said that this presentation is to show what is being proposed. He will be
coming back in the future with a contract for approval.
Discussion was held on various roadways within the Town and their respective
ratings. Staff was asked if anything had been considered for 2020 when the
Saguaro Bonds would be paid off. Mr. Weldy said that the intent is to work with
IMS and have them under contract, prepare an exhibit showing roads, primarily of
collectors, major collectors, and residential. Based on that data they will come to
TOWN COUNCIL REGULAR MEETING AGENDA
NOVEMBER 20, 2018 PAGE 9
Council and present what they are proposing and the estimated costs, and then
they have to make a decision what to move forward on.
Mr. Weldy said that the total amount is a relatively large number. They need to
maintain what they can save and in the future provide the Council with a bond
proposal package for local and some collectors, and a few arterials. Mr. Miller
noted that they would involve the citizens in that discussion as well.
Mr. Miller said that there was no action required tonight, unless the Council wishes
to see changes to proposed plan.
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:
Councilmember Tolis requested that the Town Manager have on a future agenda a review
of the associated costs of the new Fire Station, as well as the former property on Saguaro,
what recommendations are to liquidate it, and what they may see in the way of a return.
Mr. Miller noted that any proceeds they do receive would go into the capital fund. He said
that staff will come back and give an update.
Councilmember Magazine said that a statement had been made earlier in the meeting
that effected parties of the nuisance ordinance would now be willing to come forward to
file a complaint. He asked that staff look into that issue further.
9. SUMMARY OF COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the
Mayor, individual Councilmembers, and the Town Manager.
10. ADJOURNMENT.
Councilmember Magazine MOVED to adjourn; SECONDED by Councilmember DePorter;
passed unanimously (6-0).
The Regular Meeting of the Fountain Hills Town Council held November 20, 2018,
adjourned at 7:45 p.m.
TOWN OF FOUNTAIN HILLS
0;
Ginny ckey, Mayor
ATTEST AND PREPARED BY:
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,0,"izabeth Atj rk-, own e
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TOWN COUNCIL REGULAR MEETING AGENDA
NOVEMBER 20, 2018 PAGE 10
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
20th day of November, 2018. I further certify that the meeting was duly called and that a quorum
was present.
DATED this 4th day of December, 2018.
El' abeth . B rke, Town C er
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