HomeMy WebLinkAbout2013.0905.TCRM.Minutesz:\council packets\2013\r130919\130905m.docx Page 1 of 13
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
SEPTEMBER 5, 2013
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers
* INVOCATION – Pastor Tony Pierce, First Baptist Church
* ROLL CALL
Present for roll call were the following members of the City Council: Mayor Kavanagh, Councilmember Leger,
Councilmember Brown, Councilmember Dickey, Councilmember Yates and Councilmember Hansen. Town Manager
Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present.
Vice Mayor Elkie arrived at the meeting at 6:48 p.m.
* MAYOR’S REPORT
i) THE MAYOR MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC
DEVELOPMENT.
Mayor Kavanagh stated that last week she attended a very successful and productive League of Cities & Towns
conference and commented on the very worthwhile learning seminars that were presented. She added that the
networking was also extremely useful for her and the Town. She reported that 91 cities and towns were represented by
their Mayors and this presented her with the unique opportunity of discussing issues with the Mayors of smaller towns
like Fountain Hills, some of which she typically does not come into contact with all year. She advised that the news
from the Mayors was encouraging and most are experiencing growth in the housing industry and agree that the
economy is improving. She noted that there are still some challenges that they discussed and ways in which they could
help and support each other. She added that discussion took place regarding the great success they had in forming a
united front to fight the TPT (Transaction Privilege Tax) and said that without everyone joinin g together in this effort,
the cities and towns would have lost a substantial amount of revenue. She stated that she spent a lot of time
networking with the Town's service providers (EPCOR, SRP, Republic Services, etc.) and was able to address with the
Operations Manager of EPCOR a problem that a local resident had brought to her attention as well as many other
issues important to the Town such as frequent water main breaks, electric outages and new ways for residents to
obtain information when that happens, etc. The Mayor announced that the League has placed a marketing program on
their website and it is free for the cities and towns to access and publish important news/events. Mayor Kavanagh
stated that today the Town was honored to have a visit from Governor Brewer and had another opportunity to once
again show off Fountain Hills and let her meet the wonderful residents who live in this great Town.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) RECOGNITION OF DENISE ATWOOD, MIKE DOOLEY AND SARAH TRAYLOR FOR THEIR
SERVICE ON THE STRATEGIC PLANNING ADVISORY COMMISSION (SPAC).
Mayor Kavanagh recognized and expressed appreciation to Denise Atwood, Mike Dooley and Sarah Traylor (student
representative) for their dedicated service on the Strategic Plan ning Advisory Commission (SPAC). She noted all of
the voluntary hours that they put into serving on the SPAC. She said that Mike Dooley is present this evening and
requested that he approach the podium. She presented him with a Certificate of Appreciation for his efforts and
willingness to serve the entire community.
ii) RECOGNITION OF THE TOWN OF FOUNTAIN HILLS' ARIZONA PARKS AND RECREATION
ASSOCIATION (APRA) AWARDS.
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Parks and Recreation Supervisor Bryan Hughes addressed the Council and noted that the Town received two awards
last week at the Arizona Parks and Recreation Association annual conference. He noted that the Town was selected by
a panel of chosen Parks and Recreation professionals from around the State and highlighted a brief video that was
shown at the conference relative to the Fountain Hills Times and information that is made available to the residents of
the Town regarding marketing various Town events and activities -- In the Loop --. He said that both Mike Scharnow,
the Editor of the Times and Linda McThrall, Editor of "Let's Go" are present in the audience and expressed
appreciation to them for helping the Town receive the 2013 APRA "Outstanding Media Award."
Mr. Hughes also highlighted another brief video on the "Young Professional Award," which stated that Kathy Worrell
joined the Town's Community Services Department as Recreation Supervisor in 2007 and commented on her extensive
background in her areas of expertise (coordinating youth and senior programs, special events, and a wide variety of
other important activities and programs that have positively impacted the entire community). Mr. Hughes announced
it is his pleasure to announce that Kathy Worrell is the recipient of the 2013 APRA "Young Professional Award." He
noted that Kathy Worrell was also present in the audience.
The Mayor thanked Mike, Linda and Kathy for their hard work, dedication to excellence and their tremendous
contributions to the Town and congratulated them on receiving the awards.
CALL TO THE PUBLIC
None.
CONSENT AGENDA
AGENDA ITEM #1 –CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM AUGUST 15, 2013.
AGENDA ITEM #2 – CONSIDERATION OF RESOLUTION 2013-37, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH THE FORT MCDOWELL YAVAPAI NATION
RELATING TO PROPOSITION 202 FUNDING.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING A WINE FESTIVAL/WINE FAIR LICENSE
APPLICATION SUBMITTED BY CORY WHALIN, REPRESENTING THE SU VINO WINERY, FORTHE
GREAT GRAPE STOMP 5K RUN AND WINE FESTIVAL. THE EVENT IS SCHEDULED FOR
SATURDAY, NOVEMBER 2, 2013, FROM 8:00 A.M. - 6:00 P.M. ON THE AVENUE OF THE FOUNTAINS.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING AN APPLICATION FROM FIREROCK GOLF
AND COUNTRY CLUB, LLC, 16000 FIREROCK COUNTRY CLUB DRIVE, FOUNTAIN HILLS,
ARIZONA FOR AN INTERIM PERMIT AND PERSON TRANSFER SERIES 6 LIQUOR LICENSE.
AGENDA ITEM #5 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY JEAN LINZER, REPRESENTING THE FOUNTAIN HILLS AND
LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY, FOR THE PURPOSE OF A
FUNDRAISER. THE EVENT IS SCHEDULED FOR WEDNESDAY, SEPTEMBER 18, 2013, FROM 5:00 -
8:00 P.M. AT THE COMMUNITY CENTER.
AGENDA ITEM #6 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APLICATION SUBMITTED BY JEAN LINZER, REPRESENTING THE FOUNTAIN HILLS AND LOWER
VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY, FOR THE PURPOSE OF A FUNDRAISER.
THE EVENT IS SCHEDULED FOR WEDNESDAY, NOVEMBER 20, 2013, FROM 5:00 - 8:00 P.M. AT THE
COMMUNITY CENTER.
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AGENDA ITEM #7 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APLICATION SUBMITTED BY JEAN LINZER, REPRESENTING THE FOUNTAIN HILLS AND LOWER
VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY, FOR THE PURPOSE OF A FUNDRAISER.
THE EVENT IS SCHEDULED FOR WEDNESDAY, JANUARY 15, 2014, FROM 5:00 - 8:00 P.M. AT THE
COMMUNITY CENTER.
AGENDA ITEM #8 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY JEAN LINZER, REPRESENTING THE FOUNTAIN HILLS AND
LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY FOR THE PURPOSE OF A
FUNDRAISER. THE EVENT IS SCHEDULED FOR SATURDAY, JANUARY 25, 2014, FROM 11:00 - 5:00
P.M. AT THE COMMUNITY CENTER.
AGENDA ITEM #9 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY JEAN LINZER, REPRESENTING THE FOUNTAIN HILLS AND
LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY FOR THE PURPOSE OF A
FUNDRAISER. THE EVENT IS SCHEDULED FOR SATURDAY, MARCH 15, 2014, FROM 11:00 -5:00
P.M. AT THE COMMUNITY CENTER.
AGENDA ITEM #10 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY JEAN LINZER, REPRESENTING THE FOUNTAIN HILLS AND
LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY FOR THE PURPOSE OF A
FUNDRAISER. THE EVENT IS SCHEDULED FOR WEDNESDAY, MARCH 19, 2014, FROM 5:00 -10:00
P.M. AT THE COMMUNITY CENTER.
AGENDA ITEM #11 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY JEAN LINZER, REPRESENTING THE FOUNTAIN HILLS AND
LOWER VERDE VALLEY MUSEUM AND HISTORICAL SOCIETY FOR THE PURPOSE OF A
FUNDRAISER. THE EVENT IS SCHEDULED FOR WEDNESDAY, MAY 21, 2014, FROM 5:00 -8:00 P.M.
AT THE COMMUNITY CENTER.
AGENDA ITEM #12 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY LEN AH-SING, REPRESENTING THE AMERICAN LEGION POST 58,
FOR THE PURPOSE OF A FUNDRAISER THE EVENT IS SCHEDULED FOR SATURDAY, NOVEMBER
23, 2013, FROM 9:00 A.M. - 10:00 P.M. AT THE AMERICAN LEGION.
AGENDA ITEM #13 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY MARGARET ZIEFERT, REPRESENTING THE KIWANIS CLUB OF
SUNSET FOUNTAIN HILLS, FOR THE PURPOSE OF A FUNDRAISER. THE EVENT IS SCHEDULED
FOR FRIDAY - SUNDAY, MARCH 14 - 16, 2014, FROM 10:00 A.M. - 5:00 P.M. ON THE AVENUE OF THE
FOUNTAINS.
Vice Mayor Elkie MOVED to approve the Consent Agenda as listed and Councilmember Yates SECONDED the
motion.
There were no citizens wishing to speak on these agenda items. A roll call vote was taken as follows:
Councilmember Dickey Aye
Vice Mayor Elkie Aye
Councilmember Leger Aye
Councilmember Hansen Aye
Councilmember Yates Aye
Councilmember Brown Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY (7-0).
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REGULAR AGENDA
AGENDA ITEM #14 - CONSIDERATION OF RESOLUTION 2013-35, APPROVING THE FIRST
AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE MARICOPA COUNTY
LIBRARY DISTRICT RELATING TO THE OPERATION OF THE TOWN OF FOUNTAIN HILLS'
BRANCH LIBRARY.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and advised that a
number of years ago, the Town of Fountain Hills entered into an agreement with the Library District of Maricopa
County for services at the Library. He said that since that time the development of Centennial Circle has peaked
interest on the part of the Library to utilize it for space for their program and they have submitted a request regarding
that to the Town. He noted that the Town Attorney has prepared an agreement, which they reviewed as to form and
content and approved, and that is being brought forth this evening for the Council's consideration. He advised that
staff followed the same list of criteria that is available on the Library's lease at this point (the facility is made available
to them free of charge but they will be required to follow the normal procedures for booking the space through Town
staff). Mr. Mayer indicated his willingness to respond to any questions from the Council.
Councilmember Leger requested that Mr. Mayer provide an example of "district events" as outlined in the agreement
and Mr. Mayer responded that to date there have only been a couple of those events such as a group that meets there
and practices guitar. He added that they indicated that there may be times when they will invite other districts to join
them for an activity that might move from site to site and require an outdoor venue. He said that they tried to make the
agreement as broad as possible because at times they don't have something specific in mind so they wanted some
flexibility.
Mayor Kavanagh stated that she was on the Public Art Commi ttee when they put together the Centennial Circle and
they could not have done it with the assistance and support of the Library. She spoke in support of entering into this
agreement.
Councilmember Hansen MOVED to approve Resolution 2013-35 and Councilmember Brown SECONDED the
motion.
Town Clerk Bevelyn Bender advised that there were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #15 - DISCUSSION WITH POSSIBLE DIRECTION REGARDING THE FIRE STATION #2
RELOCATION PROJECT.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and advised that Fire Station #2, at
its current location, has served the community well. He noted that emergency response times were adequate during the
early years of the Town's development history, however, due to the growth in the western portions of the community,
emergency response times have been a concern in recent years and a need to relocate Station #2 to a more appropriate
location to maintain the desired emergency response times is in order. He referred to a document that Chief Roberts
prepared that addresses the possible relocation of Station #2 (available on line and in the office of the Town Clerk) and
said that he and the Chief would review that document for the Council. He pointed out that in 2011, the Town
addressed the relocation of Station #2 to a more centrally located site to adequately respond to its calls and a Shea
Boulevard site was selected at that time for the site. He noted that this effort was to respond to a possible Federal
FEMA grant opportunity that did not transpire. He further stated that in April of 2013, the Council adopted a Fire
Station Location Master Plan, which serves as the planning tool for locating fire stations and emergency medical
services throughout the community to address both current and future needs at the community's build out. He said that
as reflected in the Staff Report, staff is recommending that two sites be considered -- the first site is the original Shea
Boulevard site and the second is the Fountain Hills Boulevard site -- both are adequate locations for Station #2
relocation.
Mr. Buchanan informed the Council that staff is seeking direction relative to (1) Stay the course and continue to
designate the Shea Boulevard site as the location for Station #2, or (2) Consider an alternate location, which is
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adequate as well and located on Fountain Hills Boulevard. He added that should the Council consider exploring the
Fountain Hills Boulevard site, there are two prerequisite steps that should be undertaken -- (1) Public outreach with
the affected neighbors to gather input as to the location on Fountain Hills Boulevard and Muskrat Drive and (2)
Determine the feasibility of a land trade with the current property owner, MCO Development Corporation , (a land
trade lot-for-lot for the current piece of property owned by the Town that is located in the Eagles Nest subdivision
designated for a fire station site that is considered not suitable under the recently approved Fire Department Master
Plan. He said that Chief Roberts will now address the Council and provide additional details; he indicated that he and
the Chief will be happy to respond to any questions from the Council following his presentation.
(At 6:55 p.m. Councilmember Hansen left the Council Chambers due to a possible conflict of interest)
Fire Chief Randy Roberts addressed the Council and highlighted a brief presentation (Copy available on line and in the
office of the Town Clerk). He discussed the crucial factors that were taken into consideration regarding the relocation
site:
* Response times
* Secondary coverage
* Balanced call volume
* Property availability
* Neighborhood integration
* Utilities
* Topography
* Ingress, Egress, Safety
Chief Roberts referred to photographs/aerial views of both sites in the presentation and highlighted the above listed
criteria as they pertain to each of the sites and the pros and cons associated with each site. He indicated his willingness
to respond to any questions from the Council.
Mayor Kavanagh asked whether the Chief had any idea of what the cost would be for a sanitary sewer line that would
have to be put in (and a resident would have to grant the Town an easement) for the Shea Boulevard site.
Chief Roberts advised that all the Sanitary Sewer District has said to date is that it would be expensive because of the
steep drop in elevation. He added that at this point he does not have any actual numbers.
Mayor Kavanagh said her other concern has to do with safety and she is sure that with the widening of the road, an
increase in traffic and traffic speeds will likely occur and asked Chief Roberts if he had any up -to-date data on traffic
numbers. The Chief replied that the numbers outlined in the presentation represent the latest available data.
Mayor Kavanagh asked if there would still be problems when emergency vehicles were trying to pull out onto the road
and the Chief responded that originally their idea was to control both signals at both Fountain Hills Boulevard and
Palisades Boulevard with their pre-emption devices but the problem is that they probably will have a lot of cars "bleed
through" before the actual signal action would occur and although that would definitely help, the engineer now
believes that they need signalization.
Mayor Kavanagh asked whether any discussions have taken place with MCO regarding the proposed land swap and
Mr. Buchanan advised they have had preliminary discussions but they have not solidified the conditions or put it in
writing. He said that prior to doing that staff wanted to obtain Council direction and if the Council concurs staff will
begin that process tomorrow morning. The Mayor acknowledged that an MCO representative was present and
commented that perhaps if they have questions, he wouldn’t mind answering some questions about the possible land
swap.
Councilmember Yates referred to the property in the Eagles Nest subdivision and commented that they are not allowed
to sell that land according the development agreement that is in place. Mr. Buchanan concurred. Councilmember
Yates asked if the Town did do a land swap, regardless of whether they built on it, would they be able to sell Muskrat
(if they did the land trade because they can't sell the Eagles Nest property, regardless of whether or not they built on
Muskrat, would they then have some land in the event they decided to build on Shea, they could sell?).
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Mr. Buchanan stated that he does not know whether that would be an option at this point in time.
Councilmember Yates asked whether they could sell the land on Shea if they do the land swap and built on Muskrat;
Mr. Buchanan replied no, that is right-of-way.
Councilmember Dickey said in talking about land values she indicated that she had discussed this with the Chief and
that he had told her that since it’s a right-of-way, and because she thought what if it’s a lot even if we don’t put a fire
station on it, would we ever want sewer to it (was something worthwhile doing anyway) but she believed that Randy
had said that since it was a wide area of right-of-way, it really would not be conducive or there would be little occasion
for us to want to do that and put sewer there for any other reason or sell it. The Chief stated that he is not an expert on
that but that would be his best assessment.
Councilmember Dickey commented that they are trying to hold on to the Town's assets and be good guardians of that.
She said that the property on Muskrat is zoned for residential and in anticipation of going out to neighbors she asked
what could possibly be built on that site and asked would they have to change the zoning to put the fire station there.
Mr. Buchanan replied that he believes it would depend on the site plan or the willingness of the property owner to find
out what’s there. He added that he is not sure how much of that could actually be used and staff was looking at it from
a Fire Department perspective only.
Councilmember Dickey stated that she is seeing some questions that are still lingering and she wants to make sure she
understands what staff would like to see from the Council (the go ahead to really seriously look at the Muskrat
property but not sit here tonight and say definitely no to Shea). She noted that they are not getting costs on the sanitary
sewer line, the value of the land, whether they can sell it if they get it, etc. so she thinks there are still some balls in the
air but if she has it right, staff is looking to see if the Council is in agreement to direct staff to move ahead with do due
diligence for Muskrat.
The Mayor noted that Councilmember Dickey asked whether the zoning would have to be changed to put the fire
station there and requested a response and Town Attorney Andrew McGuire advised no, not as long as the Town is in
possession of the lot. Mayor Kavanagh pointed out that the Town's Public Safety Advisory Commission has offered to
look into both sites and conduct some extensive research for the Council and bring back to them an unbiased
recommendation if they would like them to do that. She added that of course the final decision would be made by the
Council.
Vice Mayor Elkie discussed the land swap and commented on the fact that the only thing that can be built on the
Eagles Next land is a fire station -- it cannot be sold or leased. Mr. McGuire concurred with that statement. The Vice
Mayor stated that if they were to do a land swap with MCO, the Muskrat property would be fee simple. Mr. McGuire
said that is the intent and explained that fee simple means they can do whatever they want with it (sell it, lease it, etc.).
The Vice Mayor noted that if they did the land swap they would have the property outright. He stated that he thinks
the first step is that right now there is no one else interested in that property at Eagles Nest except MCO because they
are the only ones who can do anything with the property. He added that MCO is interested in swapping land for a
potential fire station or anything else that the Town might want to do with that land. He said instead of convoluting
this and saying they are going to put a fire station there or something else, he thinks the first step would be to enter into
an agreement with MCO (that they have the property and can do whatever they want on it and whether they move the
fire station there could be done simultaneously but he doesn't think they should be tying the two together because he
believes it creates potential problems). He added that the first step is to look at the values and if he is correct he
believes that an appraisal was already done as far as the Muskrat property and the Eagles Nest property. He said he
thought that the values were comparable.
Mr. McGuire commented that appraisals were done but that was quite a few years ago and probably would not be of
any value to them anymore other than to assume that the values are comparable.
The Vice Mayor stated that he thought he heard that more recent appraisals had been done (within the last 18 months)
and Mr. McGuire replied no and reiterated that the ones that were done a few years ago were of comp arable value and
so staff's assumption is that they would both be at about the same place again.
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Vice Mayor Elkie advised that the first step should be to do the land swap and execute the documents with MCO and
then have the discussion on whether to put the fire station on Muskrat or on Shea. He added that he would appreciate
obtaining information/recommendations from the Public Safety Advisory Commission and he would like to hear from
staff about the costs to build on each of the sites. He said that then they can move forward with the public discussions
and forums. He stated that he doesn't want the Town to lose the opportunity to obtain the land that they can then do
something with. He pointed out that Chapparal Water has property behind there and spoke in support of moving
forward with the first step.
Mayor Kavanagh referred to the land in Eagles Nest and noted that MCO is not under any obligation to do a land swap
with the Town. She said that she thought that the reason they were willing to swap wa s for a fire station and she has
never heard that they would just be willing to swap so that the Town could have the other property (she is not sure that
that was ever discussed).
Mr. McGuire clarified that staff has never gotten to that point in the discussions and the farthest they have gone is
comparing values and talking about whether a trade would be a viable option. He confirmed that they have never
gotten to the point of determining uses or any details regarding the sale -- they have not gone that far down the road.
Mayor Kavanagh commented that it is possible that MCO is willing to just swap for land for the relocation of the fire
station and not to do something else with it and Mr. McGuire responded that he would not want to speak for MCO.
Councilmember Yates asked if Mr. Jeremy Hall, President of MCO, would be willing to speak to this issue and the
Mayor stated that she had not wanted to put Mr. Hall on the spot. Councilmember Yates asked if Mr. Hall would be
willing to comment on the possible land swap and what the Town could or could not do with the property.
Mr. Hall addressed the Council and concurred with Mr. McGuire's statement that the land appraisals were done some
time ago (about two or three years) and the values did come in at approximately the same number. He advised that
MCO does not have any intention of placing any type of stipulation on the land that they would convey to the Town.
He added that if the Town wanted to use the land for another purpose, other than the fire station, he certainly would not
object to it. He added that the only stipulation that MCO would like to have as part of the swap is that they have an
entitled site that is going to the Town and they would like to have an entitled site coming back to them (i.e. a
residential site for a residential site).
In response to a question from Vice Mayor Elkie, Mr. Hall said that he remembers the appraisal s being done but he did
not receive a copy -- he just knows that the values were comparable as was previously discussed.
Councilmember Dickey questioned whether they were going to look at two things -- go ahead and examine the land
swap as something separate and also make another motion to go ahead and look at that property for a fire station.
Mr. McGuire responded that since the Fire Station relocation is the agenda item they should keep them together if they
can. He noted that this is a potential first step towards the relocation.
Councilmember Yates said that he agrees with Vice Mayor Elkie in that they should purs ue both simultaneously
because he believes the land swap is in everyone's best interest.
Councilmember Leger stated that he appreciates Vice Mayor's Elkie's approach in terms of bifurcating both of these
but he is not sure if that is appropriate in view of the way the agenda item is written. He added that the only concern
he would have as far as bifurcating is that if they go out and engage in this discussion/negotiation and acquire that
property before they engage in any outreach, it is going to look like the Council has pre -determined that site for a fire
station prior to soliciting input from residents. He added the opinion that that would not be a good precedent to set.
He advised that he would like to see them bifurcate them but move together concurrently. He stated that in terms of
the Town Manager's expectations on this, it is his understanding that they are not determining that this site on Shea is
on the table or off the table or the site on Muskrat either -- they are giving direction for staff to conduct due diligence
consisting of discussions with MCO and setting up a tentative agreement, outreach to the neighborhood, cost estimates
that are lacking in the Staff Report and a number of things he would like to look at. He said that once that information
is brought back to the Council, then they would be in a position to say objective ly whether they want to go with the
Shea or Muskrat site but he still has a lot of questions at this point in time.
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Councilmember Leger further stated that the Mayor mentioned the sewer line and he understands that it will be
expensive and they have an estimate but he is leery about engaging in a budget item of $2.1 million and making a
decision without the benefit of accurate figures and data including a tentative agreement with MCO, input from the
residents and cost information. He further stated that he would like a specific figure from the Sanitary District for the
sewer line and he still would like to look at the Muskrat site versus the Eagles Nest site simply because if they are
going to engage in a land swap or trade, he wants to be able to tell the taxpayers that they are doing something that
makes sense monetarily and he would like to know what the cost would be to adapt the Shea site design to the Muskrat
site -- can it be adapted and if so, what would be the associated costs. He further stated that he would also like to
know what the cost estimate would be for a design of the Muskrat site if they are doing it from scratch. He noted that
they talked about off-site infrastructure with the Sanitary District and he would like a specific cost on what that would
be if there are any additional improvements that need to be made. He added that they keep going back on whether or
not they need a signal on Shea Boulevard. He advised that after visiting the site he pointed out that there may be a
need for some off-site infrastructure to address challenges with the Muskrat site (medians, landscaping, etc.) and
although staff has stated there would not be line-of-site challenges, they have down traffic going around that corner
pretty quickly versus up traffic on Shea where there is more visibility so he thinks they really need to look at what off-
site infrastructure challenges there would be.
Councilmember Leger advised that he would also like to know in today's dollars what would be the estimated cost to
build the station that they have designed and approved in FY 2009-10 on Shea and the estimated cost of doing the
same on the Muskrat site. He said that it appears to him that from the drawing it looks a little different in terms of
what they are trying to accomplish and he agrees about bringing the engines around rather than backing in. He added
that as far as the outreach, that should occur in the Muskrat neighborhood and he doesn't believe any has taken place to
date. He commented that those are all questions that he thinks the Council needs to have answers to and stated that the
Staff Report was excellent but contained only estimates and he wants to be in a position to answer his constituents'
questions. He said that also if they have this matrix and a comparison set up that would be very useful information
when outreach occurs. He commented that when they were down the Muskrat site he asked a question about silent
sirens and asked for some thoughts on that because he thinks it will have a great impact on how the neighborhood will
react.
Chief Roberts advised that the department always tries to be very careful about the way they operate around Town and
they try to operate quietly if they can, particularly at nighttime. He added that the only time he would say that that
would be different is if they pulled out and they had multiple traffic going by which would require them to turn the
siren on. He agreed that it is conditional (case by case basis).
Vice Mayor Elkie commented that he would like to state very specifically that he has made no pre-determined decision
as to which location is better because he too shares some of the questions posed by Councilmember Leger. He stated
that he would like to know which site is going to be more cost effective and functional for the Town so they need some
hard numbers in today's dollars. He said that he doesn't think that the two should be convoluted and this is why he has
some concerns because they can certainly do this simultaneously but if they start discussing the Muskrat site
immediately as the station site, they will have that discussion with the public as they should; he doesn't want it to turn
into a situation where if they don't use that site, they don't do the land swap. He added that it just does not make
financial sense in that way because they have a piece of property that they can't do anything with and they have a piece
of property that they are looking to swap that they could do something with. He said that they could potentially, if they
decided at the end of the day that the Shea site is the better one, sell Muskrat and use the money to build on Shea so he
definitely wants to have discussions with and obtain input from the public and they do need some hard numbers but he
would like to see them move on this and start implementing a plan with MCO to do the swap. He stated that he would
like to move in this direction it, vet it, and then make a decision and get the fire station built.
Councilmember Dickey stated that she agreed with obtaining public input and if the swap is done, they can do what
they want with the property and that makes the swap not conditional on accepting the fact that they would put the fire
station there. She added that one of her questions that she doesn't think she heard an answer to is if it is residential
zoning right now what can go there because even speaking about a swap could raise some anxiety unless the residents
know what they would do. She stated that even if they didn't do the fire station, she would like to know what they
could do with that property. If they decide to move forward with the swap she was sure the neighbors would want to
know what that would mean to them too.
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In response the question posed by the Vice Mayor as to what the Town could do with that property, Mr. McGuire
reiterated that the Town is not limited in its use of property by is zoning ordinance. Because the Council has the
authority to change your zoning ordinance on any piece of property, you’re not necessarily governed by it. The
Council could go through the hoops to change the zoning, but it was not something for which municipally owned
property is ever regulated.
Mr. McGuire stated that town property zonings weren’t consistent with the number of uses around town (some were
zoned residential and some weren’t); the general plan designations show them as public uses but when the Town owns
it, it’s in whatever form the Town wants to do it. If it’s sold to a private developer or to anyone else for private use the
zoning will govern. He stated that you really can’t tell someone what it could be used for as the Town as the town has
all its options available to it. However, he noted that the site is limited itself.
Councilmember Dickey stated that just the idea that there was an awareness there and maybe as talks go forward they
could try to be reassuring in some way, which is maybe why if it was in one motion it would take it into consideration
that they’ll be looking at the swap at the time and she indicated her willingness to bring forth a motion.
Mayor Kavanagh said that they are all asking questions about costs, safety factors, comparisons, etc. and now they
have another issue that they want investigated. She reiterated that they have an offer from the Town's Public Safety
Advisory Commission to do the due diligence for them and certainly by them doing it and working with Mr. Buchanan
and Chief Roberts an enormous amount of staff time will be saved. She stated that she would still like to put that offer
on the table -- the Commission has been asking about this for a while and they are willing to analyze station locations,
conduct research, do the work and present their findings to the Council. She questioned whether any members of the
Council are interested in requesting that the Commission move in that direction.
Councilmember Yates said that because this has been written as an agenda item specifically about the fire station he
would like to know if they can split it up as such or include it in one dual path motion.
Mr. McGuire replied that if they separate the two they will have strayed off of the agenda. He added that it is
semantics more than anything else but it would be better to keep them together to keep to the agenda.
Councilmember Dickey MOVED to direct staff with the assistance by the Public Safety Advisory Commission to
examine with due diligence the possible relocation of Fire Station #2 to the site located on Fountain Hills Boulevard
and Muskrat Lane.
Councilmember Leger requested that Councilmember Dickey repeat the motion and asked if it included the discussion
and negotiation with MCO.
Councilmember Dickey responded that her assumption is that they wouldn't even be looking at this as a possible site
without looking at the swap because if they can’t separate that out and we don’t’ want to articulate it that way so that
we stay true to the agenda by saying that we are going to do due diligence to have a fire station possibly there we can’t
do that without a swap.
Councilmember Leger asked if she was making the assumption that included in the due diligence will be the discussion
and possible negotiation with MCO and Councilmember Dickey said yes, that it would have to.
Councilmember Leger said he had just wanted clarity and he SECONDED the motion but prior to that he asked if the
Mayor was looking for a response to her question regarding PSAC and includ ing it and the Mayor stated that
Councilmember Dickey had.
Councilmember Leger stated that he had not heard that and Councilmember Dickey asked if he still wanted to second
that and he said sure.
Councilmember Leger said that he agreed with that and stated the opinion that the Public Safety Advisory Commission
could definitely look into getting the answers to all of the questions that have been posed working concurrently with
staff and Chief Roberts. He added that he thinks this would be a great task for them.
Mayor Kavanagh stated that was in Councilmember Dickey’s motion that they would work with staff.
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Vice Mayor Elkie advised that he would like to make an amendment just for clarity purposes and MOVED to include
everything that Councilmember Dickey stated and direct staff to begin discussions and an agreement with MCO for a
land swap for the Eagles Nest property and Muskrat and Councilmember Yates SECONDED the motion.
Mayor Kavanagh said that the Council will vote on the amendment first.
Councilmember Dickey asked whether the amendment was okay with Mr. McGuire and he advised that the Council
could do it one of two ways and explained the process. The Council voted on the amendment.
The Mayor requested that Councilmember Dickey state her motion again and said that then the Vice Mayor will read
the amendment again for clarity purposes.
Councilmember Dickey MOVED to direct staff with assistance by the Public Safety Advisory Commission to
examine with due diligence the possible relocation of Fire Station #2 to the site located on Fountain Hills Boulevard
and Muskrat Lane.
Vice Mayor Elkie MOVED TO AMEND the motion to also direct staff to begin negotiations and discussions with
MCO for the land swap for the Town's property in Eagle's Nest with the property on Muskrat as discussed.
The Mayor asked if there was any discussion on the amendment.
Councilmember Yates asked if the amendment should include the wording "and to form an agreement" and the Vice
Mayor said yes that should be included.
Vice Mayor Elkie further clarified that the Public Safety Advisory Commission should not be involved in the legal
aspect of discussions/negotiations with MCO, but only in determining the feasibility of either of the sites (Muskrat or
Shea) and that is why he said direct staff and not the PSAC.
Councilmember Yates confirmed that he SECONDED the amendment.
The Mayor called for a roll call vote on the amendment and the results are as follows:
Councilmember Leger Aye
Councilmember Yates Aye
Vice Mayor Elkie Aye
Councilmember Brown Aye
Councilmember Dickey Aye
Councilmember Hansen Abstain
Mayor Kavanagh Aye
The amendment CARRIED UNANIMOUSLY by those present and voting (6-0).
The Mayor called for a roll call vote on the original motion as amended and the results are as follows:
Councilmember Yates Aye
Councilmember Dickey Aye
Councilmember Brown Aye
Vice Mayor Elkie Aye
Councilmember Leger Aye
Councilmember Hansen Abstain
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY by those present and voting (6-0).
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Councilmember Hansen rejoined the meeting at 7:39 p.m.; Councilmember Hansen stated for the record that she had
abstained from the discussion and votes due to a possible conflict of interest and the Mayor acknowledged her
statement.
AGENDA ITEM #16 - CONSIDERATION OF RESOLUTION 2013-41, AN INTERGOVERNMENTAL
AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION FOR AN EASTBOUND
BIKE LANE, SHEA BLVD. (SAGUARO BOULEVARD TO 144 STREET). (ADOT IGA/JPA 13-0001687-1).
Town Engineer Randy Harrel addressed the Council relative to this agenda item and highlighted a brief presentation
that included project maps from his Staff Report (Copy available on line and in the office of the Town Clerk). He
advised that in 1994 the Town was selected by MAG (Maricopa Asso ciation of Governments) for Federal Aid funding
(originally $430,000 and later increased to $440,000) for a bike lane on both sides and a curbed center landscaped
median on Shea Boulevard through the Town. He noted that this segment of the bike lane is the only one remaining to
be done -- eastbound Shea Boulevard (Palisades Boulevard to Fountain Hills Boulevard). He said in addition to its
primary safety function as a bike lane by getting bicycles out of the vehicular travel lane, this bike lane will also
function as a paved shoulder providing a paved recover width for any run off the road vehicles, a safer vehicle pull out
width and could accommodate an occasional pedestrian. He further advised that the bike lane is/will be designed with
the full pavement structural section for Shea Boulevard vehicular traffic and at such future time as Shea Boulevard is
widened for the third eastbound traffic lane (plus bike lane and vertical curb), this pavement will be part of that third
vehicular traffic lane pavement width.
Mr. Harrel informed the Council that ADOT (Arizona Department of Transportation) has indicated that the $440,000
of CMAQ funding and approximately $115,000 of previously deposited Town funding, is still currently available for
the construction of this project. He noted that the Town has to pay all of the design costs associated with this project
and staff is estimating that after all the work has been completed the Town will receive a refund of approximately
$93,000. He stated that the Town Attorney's office has received the proposed IGA and staff recommends approval.
He indicated his willingness to respond to questions from the Council.
Mayor Kavanagh asked if the refund has to do with the fact that the Town is no longer going to use the rubber ized
asphalt and Mr. Harrel replied that the Town deposited money a number of years ago for a larger project but now that
it is a smaller project the cost has dropped. He added that ADOT has confirmed that they cannot use the rubberized
asphalt as previously proposed.
Councilmember Brown questioned what the timeframe will be for this project and Mr. Harrel advised that it will be
two or three years before the project actually is under construction. He noted that this is totally a guess on staff's part
but there are a lot of bottlenecks that take place in the design/review processes.
Mr. Buchanan explained that they are totally held at bay by the ADOT reviews and this is a big project for the Town
but it is not a big project for ADOT so they have to wait in line and unfortunately it is going to take some time.
Councilmember Hansen asked if this is the area where the fatality took place (a bicyclist was hit by a car) and Mr.
Harrel replied that he did not know.
Mr. Buchanan interjected that he believes it was in the other lane going in the other direction where the tragedy
occurred (westbound heading between Fountain Hills Boulevard and Palisades).
Councilmember Yates MOVED to approve the Intergovernmental Agreement with the Arizona Department of
Transportation for the construction of the Shea Boulevard bound bike lane and Councilmember Brown SECONDED
the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
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AGENDA ITEM #17 - CONSIDERATION OF RESOLUTION 2013-42, AN INTERGOVERNMENTAL
AGREEMENT WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION TO CONSTRUCT/PAVE
DIRT SHOULDERS ON FOUNTAIN HILLS BOULEVARD (PINTO DRIVE - SEGUNDO DRIVE). (ADOT
IGA/JPA NO. 13-1686-1).
Town Engineer Randy Harrel addressed the Council relative to this agenda item and referred to a map displayed in the
Council Chambers from his staff report that showed the project limits of the proposed shoulder paving project on
Fountain Hills Boulevard from Pinto Drive to Segundo Drive (Copy of the Staff Report available on line and in the
office of the Town Clerk). He noted that in 2010, the Maricopa Association of Governments (MAG) selected the
Town for $255,364 in Federal Aid (CMAQ) grant funding for this shoulder pavi ng project, which will fund up to
94.3% of the construction costs of the project.
Mr. Harrel advised that on February 16, 2012, the Council approved a Professional Services Agreement with Sunrise
Engineering to prepare the design and contract documents for this project. He reported that currently the design is
underway (specifically, the revised Concept Design Report and the 60% drawings and documents are nearly ready to
be submitted to ADOT for review. He said that the Town's FY 2013-14 budget currently contains funding for this
project. He discussed the benefits of the project, which include the fact that vehicles can pull off the roadway without
creating dust; there will be a paved shoulder to reduce runoff and the enhancement of overall safety. He added that
bicycles will be able to use it and pedestrians as well. He pointed out that the widening of Fountain Hills Boulevard is
years away (it is currently not in the ten year plan and probably won't be done within twenty years). He advised that
the Town Attorney's office has reviewed and approved the IGA and staff recommends approval. He indicated his
willingness to respond to questions from the Council.
Councilmember Brown asked how long it will take to complete the project and Mr. Harrel stated that they are probably
a year to a year and a half away from construction.
Mayor Kavanagh commented on the enhanced safety this will provide bicyclists and pedestrians and Councilmember
Hansen said that this will help with the erosion problems they have been having in that area and will be a big
improvement.
Councilmember Hansen MOVED to approve the Intergovernmental Agreement with the Arizona Department of
Transportation to construct/pave dirt shoulders on Fountain Hills Boulevard (Pinto Drive to Segundo Drive) and Vice
Mayor Elkie SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #18 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN
BUCHANAN.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii)
directing staff to conduct further research and report back to the Council.
A. None.
AGENDA ITEM #19 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE TOWN MANAGER KEN BUCHANAN.
None.
AGENDA ITEM #20 - ADJOURNMENT
Councilmember Brown MOVED to adjourn the meeting and Councilmember Yates SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:52 p.m.
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TOWN OF FOUNTAIN HILLS
By _______________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
_______________________________
Bevelyn J. Bender, Town Clerk
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 5th day of September, 2013. I further
certify that the meeting was duly called and that a quorum was present.
DATED this 19th day of September, 2013.
___________________________________
Bevelyn J. Bender, Town Clerk