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HomeMy WebLinkAbout2017.1219.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL DECEMBER 19,2017 �r 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.$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 L z:\council packets\2018\r180116\171219m.docx Page 1 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 411, 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. A!'_END A ITEM #2—COONSIDERATION OF VINO ♦ NDM TO CONTD A CT zYv ai�zrz: zxa YY FIRSE riY'i17 , CONTRACT WITH UP TO FOUR ONE YEAR RENEWABLE OPTIONS, AND INCREASING THE AMOUNT Oz.TH / ONTR A CT TO$2n nnn 00 NOT TO EXCEED$95 nnn 00 IN TOT A r E2018-080-)WITH 4KOMPAN, INE., 4N--2A t' AMOOUN-T NO-T---T-OO EXCEED-$90,000.00, TO DEPi A CE WITH-HUNz DESLGNNrD-ASSOC�ES, IN I THE AMOUL TT 95 500.00, FOR PROVIDING PRO ESSION L SERVICLES FOR THE, SSESSr,ENT A} D--DESICN OOF THE TOWN W DE 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:\council packets\2018\r180116\171219m.docx Page 3 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. cr 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:\council packets\2018\r180116\171219m.docx Page 5 of 10 J Plan Amendment requested by Toll Brothers Homes for the proposed Adero Canyon Phase II area located at 13300 N. Eagle Ridge Drive. (ofMr. 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. (bl„► 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. ENVIRONMENTAL P LANNING-GROUP, LLB r rrT - -ice OUN r OF a n�nn -:vR L NDSC PE Cor Agenda item#7 was removed from the agenda at the request of the Town Manager. z:\council packets\2018\r180116\171219m.docx Page 7 of 10 J j 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 project. 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\r180116\171219m.docx Page 9 of 10 J 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 lbw 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 d "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 project. 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\20I8\r180116\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. TOWN OF FOUNTAIN HILLS i da . a anagh,May ATTEST AND PREPARED BY: Bevelyn J. nde own Clerk CERTIFICATION 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. I further certify that the meeting was duly called and that a quorum was present. DATED this 16th day of January, 2018/ ., Bevelyn J. B j'ler, wn Clerk z:\council packets\2018\r180116\171219m.docx Page 10 of 10