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TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MARCH 10, 2014
* CALL TO ORDER
Mayor Kavanagh called the Special Session to order at 5:30 p.m. in the Town Hall Council Chambers.
ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor Linda
Kavanagh, Councilmember Ginny Dickey, Councilmember Dennis Brown, Vice Mayor Cassie Hansen,
Councilmember Tait Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew
McGuire, and Town Clerk Bev Bender were also present.
Councilmember Cecil Yates was absent.
AGENDA ITEM #1- CONSIDERATION OF RESOLUTION 2014-14, ADOPTING THE TOWN’S LAND USE
ASSUMPTIONS AND INFRASTRUCTURE IMPROVEMENTS PLAN AND ISSUING THE TOWN’S
NOTICE OF INTENT TO ASSESS DEVELOPMENT IMPACT FEES ACCORDING TO STATE LAW.
Town Manager Buchanan stated that the Town Attorney would provide information relating to the adoption of the land
use assumptions.
Mr. McGuire addressed the Council stating that this has been a long odyssey through the multi -stage process that was
brought about by SB 1525. He reviewed the process stating that seventy-five days after adoption the fees they become
effective (August 1), and that is why this special meeting was convened as the timeframes are compressed by the
extremely long statutorily required period. Mr. McGuire pointed out that if the Council maintains the meeting
schedule they would be aligned to have the fees adopted and in place by the deadline. He stated that the Infrastructure
and Improvement Plan (IIP) is basically the Town’s Capital Plan and was what the previous hearing was held on. He
commented on the fact that a number of things had dropped out of this current version; he explained that one of the
biggest items removed was transportation noting that there weren’t any street projects in the current IIP so there were
no development fees offered in relationship to streets (because there were no projects).
Mr. McGuire stated that in the future as the areas where the Town’s street projects are going to come in and start to
develop (i.e. the State Land Parcel), staff will bring back an IIP amendment to put those items in so that growth can
actually pay for those streets. He said that the concern now was that the growth was too far out and if fees are
collected for those streets, and if in ten years the fees have not been expended, those fees would be subject to refund.
Mr. McGuire stated that the better plan would be to try and insert the infrastructure into the Infrastructure
Improvements Plan at a point in time when you know it will be constructed within that period.
Mr. McGuire stated the opinion that the document in front of the Council was one of the leanest plans that he has seen
in any community that collects fees. He pointed out that the Town only had a Parks Fee and Fire Development Fee
left. He noted that General Government Fee had gone away as State Statute no longer allows it; Open Space
provisions went away as they were no longer specifically allowed although he believed that Open Space was part of
the Town’s permissible Park plan but it would depend just how big a varier was built. He pointed out the changes
between the IIP that was first provided to the Council and the one before them. He stated that information had moved
from appendices (moving money in the open space account for the trailhead) to a subcategory under Parks. He
explained it as kind of a reserve restricted fund that is not going to be spent on anything else as there is no component
for the on-going fee that is being charged for it and because the trailhead is a parks facility under the new statutory
scheme that has all been moved (i.e. a parking place until the trailhead is built).
Mr. McGuire pointed out the second piece of the resolution was the Notice of Intent to levy the fees. He said that
notice was required to be given thirty days prior to having a public hearing on it and that a public hearing is held 30
days prior to adopting it. He commented that after getting through that second piece the Council and staff would be
done with development fees for a while and that he would be happy to answer any questions.
There were no citizens wishing to speak on this agenda item.
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Councilmember Brown MOVED to approve Resolution 2014-14 and Councilmember Elkie SECONDED the motion,
which CARRIED UNANIMOUSLY by those members present (6-0).
AGENDA ITEM #2 - ADJOURNMENT.
Councilmember Elkie MOVED to adjourn the Special Session at 5:35 P.M. and Councilmember Brown SECONDED
the motion, which CARRIED UNANIMOUSLY by those members present (6-0).
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 Special Session held by the
Town Council of Fountain Hills in the Town Hall Council Chambers on the 10th day of March, 2014. I further certify
that the meetings were duly called and that quorums were present.
DATED this 20th day of March, 2014.
_____________________________
Bevelyn J. Bender, Town Clerk