HomeMy WebLinkAbout2014.0514.TCREM.Minutesz:\council packets\2014\r140619\140515m.docx Page 1 of 9
TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
May 15, 2014
EXECUTIVE SESSION
* CALL TO ORDER
Mayor Kavanagh called the meeting to order at 5:02 p.m. in the Town Hall Council Chambers
AGENDA ITEM #1 –ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO
A.R.S. §38-431.03.A.4: DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC
BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE
PUBLIC BODY’S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF
NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT
DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. (SPECIFICALLY, (I)
CONTRACT NEGOTIATIONS WITH RURAL METRO AND (II) DINA GALASSINI V. TOWN OF
FOUNTAIN HILLS AND STATE OF ARIZONA).
ROLL CALL: Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh,
Councilmember Ginny Dickey, Councilmember Dennis Brown, Vice Mayor Hansen, Councilmember Tait Elkie and
Councilmember Henry Leger (attended by conference call). Town Manager Ken Buchanan, Town Attorney David
Pennartz and City Clerk Bevelyn Bender were also present.
Councilmember Cecil Yates was absent from the meeting.
Councilmember Dickey MOVED to enter into the Executive Session and Councilmember Brown SECONDED the
motion, which CARRIED UNANIMOUSLY by those present (6-0).
AGENDA ITEM #2 - ADJOURNMENT.
Without objection, the Executive Session adjourned at 5:46 p.m.
REGULAR SESSION AGENDA
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:32 p.m. in the Town Hall Council Chambers.
* INVOCATION – Pastor Tony Pierce, First Baptist Church
* ROLL CALL
ROLL CALL: Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh,
Councilmember Ginny Dickey, Councilmember Dennis Brown, Vice Mayor Hansen, Councilmember Tait Elkie and
Councilmember Henry Leger (attended by conference call). Town Manager Ken Buchanan, Town Attorney David
Pennartz and City Clerk Bevelyn Bender were also present.
Councilmember Cecil Yates was absent from the meeting.
MAYOR’S REPORT
i) None.
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SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) THE MAYOR MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC
DEVELOPMENT.
Mayor Kavanagh expressed her thoughts about the Town’s snowbirds and acknowledged their many contributions to
the Town’s volunteer team (i.e. helping with everything from events to meals on wheels, make a difference day, town
hall jobs, and that they are art docents and museum and school volunteers). She commented that every year when they
come back, they check in with the Town’s volunteer coordinator, anxious to help out their second hometown. She
noted that they also are a big help with the Town’s economy, boosting sales tax revenue in our restaurants and all our
other shops. She thanked them for choosing Fountain Hills as their second hometown wished them a good summer
wherever they are and stated that she looked forward to welcoming them back next fall.
Mayor Kavanagh pointed out that in the meantime, the economy of Fountain Hills was in the hands of those who make
Fountain Hills their only hometown. She stated that local businesses struggle during the summer months, not only
because the snowbirds are gone…but because summertime is vacation time when many residents are away. She said
that the local business community is grateful to all our permanent residents for continuing to support them by shopping
Fountain Hills and helping to make our hometown a great place to live.
Mayor Kavanagh stated on behalf of the Town Council that she’d like to congratulate the High School graduating
Class of 2014 and to wish all good luck on whatever path is chosen. She stated, “We are very proud of our graduates
and wish you the very best.”
ii) PRESENTATION BY THE LEAGUE OF CITIES AND TOWN REGARDING 2014 LEGISLATION.
League of Cities and Towns Legislative Director Rene Guillen addressed the Council and provided an overview of the
2014 Legislative Session as contained in the PowerPoint (on-line and available in the office of the Town Clerk). Mr.
Guillen discussed the overall session, noted that the general effective date for new legislation was July 24; key issues
of the session; the role of the League’s new staff member Lee Grafstrom (Tax Policy Analyst); various laws
introduced, passed and signed; various laws introduced, passed and vetoed; notable vetoes; as well as potential
upcoming issues and what’s next for the legislature (i.e. special legislative sessions on PSPRS COLA changes [pension
reform], special legislative sessions on CPS, the 2014 League Conference [and hosting a Gubernatorial Debate], and
the 2014 Election).
Relating to SB1413 Mayor Kavanagh stated that the League had amended the definition of manufacturing in the
beginning because it would have allowed someone working in their garage to say they didn’t have to pay electricity
because they were building something. Mr. Guillen agreed that not having a definition of what a manufacturer was
had been one of their concerns.
Mr. Guillen responded to questions from Councilmember Elkie relating to vetoed HB2517 and the rationale behind it.
He stated that the State was trying to enjoin political subdivisions from carrying out rules, taxes, actions or ordinances
that violate state preemption on firearms and allows for civil penalties and possible court actions towards the
responsible party who knowingly or willfully passes such a regulation. He further explained that for the League they
didn’t view this simply as a gun bill. The issue was that it was saying city and town officials (both elected and staff)
could be held personally liable for their actions. It went on to say for staff that they could be terminated from
employment and that both staff and elected officials could be held personally liable and litigated and that the city or
town would not be able to defend. He stated that was a big jump from the standard political science of what it means
to be an elected official and to act as a collected governing body. He stated that the League had been concerned that it
would only impact city and town officials and not the Legislature; holding elected officials personally liable for their
actions while acting in their official capacity went down a bad path. He pointed out the League had opposed the policy
regarding the punishment and ultimately the Governor had vetoed the bill. Mr. Guillen stated that the rationale behind
that legislation was that there had been some discussions that cities and towns were adopting ordinances in violation of
the law; however, he explained that there is existing law that states if a city or town adopts an ordinance regarding
firearms that is stricter than state law then it was void. The subsequent argument was that you needed real teeth behind
it to get those councilmembers to stop doing it. He said that no lawsuits have been seen regarding a specific ordinance
adopted by a city or town where a judge failed to enjoin it or prevent it.
Councilmember Dickey stated that the idea that they could’ve been told by their own Town Attorneys that it was legal;
there are a lot of interpretations of the law and the legislature has indeed passed laws that their own rules attorneys
have deemed unconstitutional. Basically, if they pass a law that’s deemed unconstitutio nal federally they still can
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defend it and use public monies to defend themselves. She referenced the point that if you take out the idea of what
the issue was, we could kind of go back to the water issue where the Town had to write the check and maybe someone
could have decided Fountain Hills wasn’t following the law because you are refusing to pay $30,000 to the
Department Water Resources and in that case if an attorney told the Council that they were within their rights to do
that or made that interpretation, we (the elected officials) would have not standing and could be held personally liable
and removed from office. She stated the opinion it was an unprecedented attack on a long understood (gentlemen’s)
agreement of what elected bodies can and cannot do, which went right to the source of that.
Mr. Guillen commented that was one point that hadn’t been mentioned and noted that it had specifically said that
following the advice of counsel did not provide a defense. He stated that good city and town councils on controversial
or complicated issues oftentimes do seek legal counsel so it would have been an interesting bill to deal with for its
implications had it passed. Additionally, the League does, on occasion, bring up the “slippery slope and camel’s nose
in the tent”; if it’s guns today, is it zoning tomorrow? Some say that is fear mongering; however, once the League saw
the phrase “of state-wide concern” used once or twice in state laws, you start to see it pop up in every bill now in an
attempt to preempt local authority.
Mayor Kavanagh asked about the income tax revisions and noted that this would have stimulated business but yet this
bill was vetoed by the Governor.
Mr. Guillen referenced the Governor’s veto letter and commented that it as well as the veto of this bill was confusion
(especially for the bill sponsor). He offered that over the Governor’s tenure she had pushed for and signed a number of
tax reforms and noted that those all have a price tag so he thought she might have been looking at the totality of those
efforts and what does this do for that price tag. He indicated that the Governor was aware of the fact in FY2017 the
State was looking towards hard times at the State level again and that may have been her driving concern.
Mayor Kavanagh asked what happened to the Yuma bill about FOIAs as there had been a lot of back and forth on that.
Mr. Guillen stated that bill did not pass. However, HB2419 or HB2414 depending on when you looked at the striker;
it had taken a number of forms. He said the bill addressed a long term issue, which is “how do you deal with public
record requests that are overly burdensome or onerous”; it has always been a tough area for the League as it was a fine
line between putting city employees in a position to make the judgment call when you have legitimate requests. He
pointed out that an onerous request isn’t necessarily one that is extensive. He gave the example of media r equests as
they do large pieces that require a large amount of research so it was an issue that they have always struggled with. He
indicated that they had talked with the newspaper association and worked out an agreement (between the League and
the newspaper association) essentially codifying comments that were in case law regarding public records. He stated
that unfortunately, the language did not show up in the agreed upon form and as a result that raised concerns on the
part of some of the legislators and bill ultimately failed in Senate. He stated that the League has talked to Yuma to run
that same issue with the agreed upon language as a League Resolution this year and noted that he has had
conversations with the newspapers association. He hoped to introduce it clean and make it clear that the League and
the newspaper association are on board and think that this is a good compromise that will protect the public interest but
empower custodians of public records.
Councilmember Brown inquired about HB2389 and asked for clarification.
Mr. Guillen confirmed that self collecting cities and DOR have a TPT license but no business license and that typically
program cities that will have a TPT and a business license; business licenses will not be affected by this bill, only the
actual TPT license you need for the privilege for transacting business in Arizona is what will be a one-time fee but will
still be renewed annually but with no fee. He noted that it was his understanding that most cities and towns tha t are on
the DOR program have a business license; whereas self collecting cities and town combine with their TPT license so
their TPT license applications are a much longer and extensive form than what DOR uses because they have combined
them. Therefore, this change means that self-collecting cities and towns will now have to separate them again;
however, what the Town charges for its business license and renewal scheme will be up to the Council.
Councilmember Dickey thanked the League for their work and acknowledged that she and the Mayor had been on
those Monday morning League calls which kept them up-to-date. She stated the League managed to get rid of a lot of
bad things that were about to happen; however, she was sad to say that given the bills that were actively opposed by
Fountain Hills and the League some were supported and even sponsored by the Legislators that represent the Town of
Fountain Hills. HB2517 (relating to city and town officials penalties) was sponsored by our two representative so she
hoped that next year the Town would see more consideration for the things that we (as a Council have voted on) in our
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Town’s best interest. She stated that luckily three of the bills that we were opposed but did pass with support from the
Town’s representatives were vetoed or failed.
Councilmember Dickey spoke about the bill that did not fail (fireworks) and that the Town knew we had to sell
fireworks but didn’t have to allow the use; that was a local decision was based on our proximity to the desert and
things like that. Then the bill passed, again with three yes vote s that said we have to allow firework use within the
Town on the Fourth of July and Christmas. Councilmember Dickey stated the opinion there needed to be
accountability and commented that it is not usual that our Council has been as active as they were this year (voting and
sending letters). She pointed out that almost all of those (bills) were supported or sponsored by the Town’s
Legislators. Councilmember Dickey expressed her appreciation for the League’s and Governor’s actions to have a lot
of those not pass; they need to be vigilant as always.
Mr. Guillen thanked her for her remarks and said it was interesting that she brought up SB1158 as it was one that the
League had opposed and their view was that cities and towns should have the authority to deci de both the sale and use
(of fireworks). He stated they have a fantastic champion in Representative Karen Fann who supports that policy as
well and they have commiserated pushing such a policy as this; the only consolation is that they haven’t given up and
they would ultimately like to see the State return to it so both counties and cities and town have the ability to decide
what’s best for their community given that you have different wildfire risks and hazards depending on where you are
in the state.
Vice Mayor Hansen thanked Mr. Guillen for the presentation and asked if this presentation was something new that the
League doing this year. She indicated that she did not recall this Legislative overview in the past.
Mr. Guillen stated that as the League’s Legislative Director he loves cities and towns and likes any excuse to get out
and visit in a not so political venue. He explained they normally do what they call the “road -show”, which is where
they tour the state and give presentations (regionally) but the truth was they usually did them during the day, which are
more highly attended by staff (regional). He acknowledged Councilmember Dickey’s comment that the Town had two
active participates in the League’s Monday morning calls and he agreed that the night-time Council presentations was
a kind of a new thing. He reiterated he would like to get out in front of more Mayors and Councils.
Mayor Kavanagh commented that she had thanked Mr. Guillen numerous times for the Monday morning conference
calls; they were informative with research that was impeccable, and they had kept everyone informed. She thanked
him for everything that was done all year and stated she looked forward to the League Conference.
iii) PRESENTATION BY FIRE CHIEF RANDY ROBERTS REGARDING THE TOWN’S RECENT ISO
PUBLIC PROTECTION CLASS SURVEY.
Fire Chief Randy Roberts addressed the Council relative to this item stating that ISO is a nationwide provider of
underwriting and risk management, with a special focus on providing information to insurance companies on
community fire-protection efforts and Building Code Effectiveness. ISO collects and evaluates information from
communities on their structural firefighting capabilities, and then assigns a “public protection classification number.
He pointed out that this evaluation focuses solely on structural fire protection, not emergency medical, brush
firefighting or other service delivery programs. A community with a good public protection classification gets much
better fire insurance rates than a community with a poor classification. He briefly reviewed the information contained
in the PowerPoint Presentation (copy available on-line and in the office of the Town Clerk) regarding the classification
factors (criteria) involved in the fire suppression rating schedule that is used in grading communities and determining
their ISO rate. He stated that using ISO’s Fire Suppression Rating Schedule they assign a Public Protection
Classification from 1 to 10. Class 1 represents the best public protection, and Class 10 indicates no recognized
protection. He said that historically Fountain Hills was rated as a “four”, until 2009, when they were evaluated, and
had barely moved up to a class “three” rating. He stated that he was pleased that with the Town’s recently completed
evaluation increased points had solidified the Town’s rating of “3”. Chief Roberts also discussed the number of fire
department across the county and their ratings and said that the Town’s 2014 rating of “three” placed the Fire
Department in the top 8% of all fire departments. He stated that the Town could expect another audit in approximately
4 – 5 years and indicated his willingness to answer any questions.
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CALL TO THE PUBLIC
None.
CONSENT AGENDA (1 – 2)
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM APRIL 9, 2014.
AGENDA ITEM #2 - CONSIDERATION FOR APPROVAL OF RESOLUTION 2014-23, ABANDONING
WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN PORTIONS OF CERTAIN PUBLIC
UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE REAR PROPERTY LINE OF PLAT 431,
BLOCK 6, LOT 7 (17246 E. BACA DRIVE) AS RECORDED IN BOOK 151 OF MAPS, PAGE 43, RECORDS
OF MARICOPA COUNTY, ARIZONA. EA2014-04 (SNAJDER)
Vice Mayor Hansen MOVED to approve the Consent Agenda as written and Councilmember Brown SECONDED
the motion.
A roll call vote was taken with the following results:
Mayor Linda Kavanagh Aye
Councilmember Ginny Dickey Aye
Councilmember Dennis Brown Aye
Councilmember Cecil Yates Absent
Vice Mayor Cassie Hansen Aye
Councilmember Tait Elkie Aye
Councilmember Henry Leger Aye
The motion CARRIED UNANIMOUSLY by those present (6-0).
REGULAR AGENDA
AGENDA ITEM #3 - PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED SPECIAL USE
PERMIT TO ALLOW ARIZONA PROPANE TO INSTALL A 12’ DIAMETER PROPANE TANK WITHIN
A WALLED ENCLOSURE AND TO INSTALL ADDITIONAL LANDSCAPING AND OTHER SITE
UPGRADES AT 17251 E. SHEA BLVD(AKA PLAT 412B, BLOCK 6, LOT 7 - CASE #SU2014-02)
Mayor Kavanagh moved to open the public hearing at 7:15 p.m.
Senior Planner Robert Rogers addressed the Council relative to this item and summarized the information contained in
the staff report (copy of the report and the PowerPoint Presentation are available on-line and in the office of the Town
Clerk).
Mr. Rogers stated that Arizona Propane’s application is for a special use permit to establish a retail propane gas
vending station at Shea East Plaza at 17251 E. Shea Boulevard formerly known as Kern Plaza. He reviewed that the
property was located at the southern end of Shea Boulevard in the Shea East Commercial Plaza. He stated that
Arizona Propane currently has their office in the adjacent building. He commented that the property has a vacant
coffee kiosk and commercial pad; the property is on a southern Town line, and abuts the Pima Maricopa Reservation
on the south and the Firerock Estates single family residential neighborhood on the west. He pointed out that this
plaza was zoned C-1, which is neighborhood commercial and dispensing fuel has been determined to require a special
use permit in this zoning district. Mr. Rogers reviewed that the proposal is to install one 12' round propane tank for
dispensing the fuel. He stated the tank would be within an 8' tall gated block wall enclosure (gate will face the kiosk)
and will match the existing plaza architecture and color. The station attendant will be responsible for filling the
customer’s tank and accepting payment. The applicants will use the existing kiosk as the station’s office and point of
sale. Additional landscaping has been proposed to help soften the visual impact without blocking the visibility from
Shea Boulevard. The existing chain across the rear emergency access drive will be replaced with a motorized gate
with an opticon system for emergency vehicles only. Mr. Rogers stated that the six parking places were being replaced
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with a curbside pull out for customer vehicles being serviced at the tank and the par king still remains in conformance
with the ordinance requirements. The existing traffic flow pattern will remain the same after construction. He referred
to Section 2.02.D. of the Zoning Ordinance indicates that four factors should be considered during the Council review
of a Special Use Permit:
1. Any special conditions that influence the location of the purposed use.
2. The location, building, parking, etc should be logical and reasonable
3. Traffic won’t be adversely affected on or off site
4. Minimum or no effect on nearby property
Mr. Rogers stated that the Planning and Zoning Commission forwarded a recommendation to approve this special use
permit; staff also believes that these conditions have been adequately addressed and recommends that the Town
Council approve the Special Use Permit to allow the propane dispensing subject to the stipulations in the staff report.
He stated that concludes the presentation; the applicants are present if the Council has any questions.
Town Clerk Bevelyn Bender stated that no speaker cards were submitted other than the applicants: David Ross (Ross
Design Group LLC), and Greg Perkins, CFO Arizona Propane.
Mayor Kavanagh indicated that she had gone down to the site as she had a few questions, which she acknowledged
had already been answered. She asked if there had been any communication in opposition from those residents that
live up on the hill and Mr. Rogers responded no, that he had received one letter yesterday from an area property owner.
Councilmember Elkie asked what type vehicles would be coming through and who do they primarily service. Mr.
Rogers responded that the applicants were present to answer questions; however, he understood it was your typical
gas/propane tanks for your BBQ on up to an RV who may need to fill their propane tanks. Councilmember Elkie
asked if there were other town businesses that provide similar service. Mr. Rogers acknowledged that there were
similar businesses but none this big.
Councilmember Elkie asked Assistant Fire Chief Dave Ott to speak to the safety aspect of having it there. Assistant
Fire Chief Ott responded that the fire code has limitations as to how close the tan k can be to property lines (a tank
2,001 gallons to 30,000 gallons can be within 50’ of the property line); this project was well beyond that so that
stipulation had been met. He stated the opinion that what was a little bit different from his aspect rela ting the safety of
a professional propane dispensing facility was the training that goes to the attendants, which was a relatively safe
process plan. He stated they would do a fire analysis of the site, it will have a written fire plan (on-site), and PA58
requires fire suppression and appurtenances to be built into it. He reviewed the requirements for tanks that were over
4,000 gallons as they have more requirements. He stated that his experience with the larger facilities was t hat they
were relatively safe as it had to do with the personnel training, types of equipment that they are filling, and the safety
features that are part of that tanking system.
Vice Mayor Hansen questioned if there was anything about this tank that would make it more of a safety hazard than
the gas station west down Shea. Assistant Fire Chief Ott replied that his experience with the larger tanks was that they
were a little bit safer based on the tank design features and the fact they do have trained personnel. He commented on
the training of the fire department and the process by which they would respond to a propane emergency situation with
everyone working together.
Councilmember Elkie asked Mr. Rogers what the anticipated hours of operation are to be. Craig Perkins, Chief
Financial Officer for Arizona Propane, responded that their hours of operation in the winter would be to run six days a
week and in the Summer they cut back to five days a week (usually 8 – 5). Councilmember Elkie asked if the hours
would be Monday – Friday, 8 – 5, and closed on Sunday; then during the winter they would be open Monday –
Saturday, 8 – 5, and closed on Sunday. Mr. Perkins confirmed that was correct.
Mayor Kavanagh stated that the letter received from the land owner had questioned the safety f actor when no one was
there. Mr. Perkins responded these tank systems are relatively safe pointing out that they had been in business for 41
years and had never had an emergency with any of their tanks because they are very well maintained.
Town Clerk Bevelyn Bender stated there were no speaker cards submitted.
David Ross, Ross Design Group Architect, for the project requested to address the Council; he stated that the
circulation their driveways were commercial compliant and were not being modified, the driveways will accommodate
the traffic; he discussed the ingress and egress of the traffic as having one-way direction flow. He indicated he wanted
to clarify that issue and said he would be happy to answer any of those related questions.
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Vice Mayor Hansen said that was one of the concerns received in the letter was regarding recreation vehicles over 50”
and that they wouldn’t be able to navigate through, but she stated that is not what she is hearing from the applicant.
Mr. Ross reiterated that there would be only one-way traffic and that the commercially compliant driveways are
compliant with the radius for trucks as well as an RV. He said the truck that would fill the tank when required, which
may only be once a month, that’s a maximum of 30’ long. He commented that an RV is usually 24’ – 28’ long and can
max out at 30’. He pointed out that the drives were designed for that when the office building was build and he stated
the opinion that there were no issues there.
Mayor Kavanagh asked where the corporate offices were located and Mr. Ross replied that the Arizona Propane
corporate offices were immediately adjacent. He said the owner (Martin Dawson) wanted to have a presence here as
he has been a Fountain Hills’ resident since 1977, so he wanted to have a retail outlet for the Town of Fountain Hills
and he would like it adjacent to the corporate office. He said the intent has been to give him the presence to keep his
41 year old business a presence noting it was a single dispensary that would not create a large amount of traffic.
Vice Mayor Hansen pointed out that it was taking a vacant piece of land, getting some landscaping on it, and
enhancing it.
Mayor Kavanagh closed the public hearing at 7:30 p.m.
AGENDA ITEM #4 - CONSIDERATION OF A PROPOSED SPECIAL USE PERMIT TO ALLOW
ARIZONA PROPANE TO INSTALL A 12’ DIAMETER PROPANE TANK WITHIN A WALLED
ENCLOSURE AND TO INSTALL ADDITIONAL LANDSCAPING AND OTHER SITE UPGRADES AT
17251 E. SHEA BLVD (AKA PLAT 412B, BLOCK 6, LOT 7 - CASE #SU2014-02)
Councilmember Brown MOVED to allow Arizona Propane to install a 12' diameter, 6,000 gallon propane tank within
a walled enclosure and to install other site upgrades with additional landscaping as presented and subject to the
stipulations outlined in the staff report and Vice Mayor Hansen SECONDED the motion, which CARRIED
UNANIMOUSLY by those present (6-0).
AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2014-24, ADOPTING DEVELOPMENT FEES
IN COMPLIANCE WITH A.R.S. §9-463.05
Town Attorney Andrew McGuire addressed the Council relative to this item. He stated that this was the final step in
the year long odyssey of adopting the development fees. He explained that legislation in 2011 required a substantial
overhaul of the Town’s fee process. He noted that there were two things that would make a dramatic change in the
fees beginning August 1st. The first, a number of categories have been eliminated and are no longer able to be
collected. More importantly, because of the limitation on the time period on which you have to collect and spend the
fees (the refund provisions) those constraints have forced a much more conservative infrastructure planning process so
that you have to make sure you are done with it in 10 years for the types of infrastructure the Town builds. As a result,
the entire Streets Category is at zero for the next period of time, until some major streets projects development is
identified. Some of the earlier ones that were in there (i.e. Fountain Hills Boulevard) with the state land parcel
anticipated coming in, if that starts to actually develop, then there would need to be an amendment to get Fountain
Hills Boulevard back into the plan.
Mr. McGuire stated that Law Enforcement was another one for which we don’t’ really have a project identified. He
said there was a Law Enforcement component in the newest fire station plan; he stated the opinion that when that
comes to fruition, it is a small project and there was enough fund balance for that. He said there was no longer a need
to collect for the Library/Museum because the Library is too big under the statute and the Town doesn’t have any
future plans for expanding the Library. He pointed out that as a result, what the Council has today mainly because the
Streets Fees was quite significant – was a single family home at about $8,000 and what it will be now for that same
single family home going forward is $1,601 (a substantial drop in the amount that is charged for development fees)
beginning August 1 until the next fee update. He stated the Council was required to update the fees every five years
and it can updated in a shorter period then that if a need is identified. For the time being this was the best the Town
can do with what’s planned for in the Capital Plan moving forward. He stated the other major piece was the carry
forward funds; those funds are the substantial amounts that were collected in open space and related to what we are
considering a park facility now because that is how the new statute categorizes it for the trail head, and a number of the
other funds. He stated those would be expended for allowable uses in those funds during the CIP (Capital
Improvement Plan) process over the next few years. For the time being the Town did not want to be collecting new
fees on Fire and Emergency and Parks and Recreation. He indicated his willingness to answer any questions.
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There were no questions from the Council and Town Clerk Bevelyn Bender stated there were no speaker cards
submitted.
Vice Mayor Hansen MOVED to approve Resolution 2014-24, adopting development fees in compliance with A.R.S.
§9-463.05 and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY by those
present (6-0).
AGENDA ITEM #6 - CONSIDERATION OF APPROVING THE SECOND AMENDMENT TO THE FIRE
PROTECTION AND EMERGENCY SERVICES AGREEMENT WITH RURAL/METRO CORPORATION.
Town Manager Ken Buchanan addressed the Council and stated that the Town has a current fire and emergency
services agreement with Rural Metro Corporation that will reach its conclusion of its initial five-year term as of June
30 of this year (2014). He stated that the agreement permits the extension of two additional two -year terms upon
agreement of the Town and Rural Metro. He said this second amendment would approve the first of the two permitted
extensions in the agreement up to June 30, 2016. Mr. Buchanan stated it was staff’s recommendation that the Council
approve this second amendment.
Councilmember Dickey stated that she always advocates for the Town to have its own fire department and in light of
events over that last few years this limited two-year extension would give Rural Metro prove and show their financial
stability at the same time continue to allow the Town to explore our options as we go forward to try and make the best
decisions for our community. She stated that she remains confident in the professionalism and the experience and the
ability of our fire fighters and paramedics to keep us safe. She stated that she appreciated what they do.
Town Clerk Bevelyn Bender stated there were no speaker cards submitted.
Councilmember Dickey MOVED to approve the second amendment to the fire protection and emergency services
agreement with Rural Metro and Vice Mayor Hansen SECONDED the motion, which CARRIED UNANIMOUSLY
by those present (6-0).
AGENDA ITEM #7 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
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 #8 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY
THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER.
Councilmember Dickey remembered public servant, friend and fellow Jeff Gordon fan, Kathy Nicola. Councilmember
Dickey stated Kathy Nicola had passed away while a member of the Town Council on May 19, 2005, and indicated
that she was missed and that they were thinking of her family.
Councilmember Dickey mentioned that on May 1, she and Councilmember Leger attended an event at the Four Peaks
Middle School. She stated teachers describe it as “All too soon the kids will be applying for jobs and independently
patronizing our businesses. Ensuring their success as citizens of Fountain Hills depends largely on how they feel they
fit into the community and as educators we want to provide for them as much help as possible as we send this class on
its way up the educational ladder and eventually out into the world.” Councilmember Dickey stated that in support of
that purpose they (the teachers) host this 5th grade event called “the Economy Simulation C5.” She indicated that she
and Councilmember Leger were given some questions and that they had met with these kids one-on-one. She said that
tomorrow they will be setting up a bank and things like that over at the school. She commented that Councilmember
Leger was as equally impressed with the kids as she was as to how they handled themselves (shook your hand and
looked you in the eyes….all that good stuff). She stated it was a good experience.
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AGENDA ITEM #9 - ADJOURNMENT.
Councilmember Brown MOVED to adjourn the meeting at 7:40 p.m. and Vice Mayor Hansen SECONDED the
motion, which CARRIED UNANIMOUSLY by those present (6-0).
TOWN OF FOUNTAIN HILLS
By _______________________________
Linda M. Kavanagh, Mayor
ATTEST AND
PREPARED BY:
________________________________
Bevelyn Bender, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct c opy of the minutes of the Executive Session held by
the Town Council of Fountain Hills in the Fountain Conference Room and Regular Special Session held by the Town
Council of Fountain Hills in the Town Hall Council Chambers on the 15th day of May, 2014. I further certify that the
meeting was duly called and that a quorum was present.
DATED this 19th day of June, 2014.
_____________________________
Bevelyn Bender, Town Clerk