The URL can be used to link to this page

Home My WebLink About2014.0409.TCSEM.Minutesz:\council packets\2014\r140515\140409m.docx Page 1 of 3 TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL AND EXECUTIVE SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL APRIL 9, 2014 SPECIAL SESSION AGENDA  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 Town Council: Mayor Linda Kavanagh, Councilmember Dennis Brown, Councilmember Cecil Yates, Vice Mayor Hansen, Councilmember Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. Councilmember Dickey arrived for the meeting at 5:31 p.m. AGENDA ITEM #1 – PUBLIC HEARING ON THE TOWN’S INFRASTRUCTURE IMPROVEMENTS PLAN AS REQUIRED BY A.R.S. §9-463.05. Mayor Kavanagh opened the public hearing at 5:30 p.m. Town Manager Ken Buchanan introduced Mr. Andrew Rheem with Raftelis Financial Consultants, Inc. who was present to give a presentation on information regarding Development Impact Fees and the update that is required. Mr. Rheem reviewed the information contained in the PowerPoint presentation contained in the packet (copy on -line and on file in the office of the Town Clerk). He stated that he would talk specifically but briefly about the report that was published about a month ago and about this third and final step in the process that is mandated by state statute. Mr. Rheem explained that Development Impact Fees are onetime charges typically assessed when building permits are issued and that fees fund infrastructure needed to serve new development and were fees that went towards one-time improvements, capital improvements, and/or debt, and funding infrastructure to serve new development. Mr. Rheem commented that this was the third step in the process. He reviewed that there had been a public hearing about two months ago on the infrastructure and improvement plan as well as the land use assumpti ons that provided the baseline of both the anticipated growth as well as the current and planned facilities anticipated to serve new development. Mr. Rheem stated that the third and final step in this process was the fee report itself. He briefly discussed the report. He highlighted the existing fees in place today. The slide showed four fee areas that are assessed to residential development and the fee for each dwelling unit. He pointed out that two of the fee areas are assessed to non-residential commercial development. He stated the Town also had a street development impact fee that has a couple more assessment categories (single-family and multi-family residential categories). He stated the fee was still assed by dwelling unit and commercial and industrial categories were broken out into four areas, which were also assessed per square foot. Mr. Rheem stated that the fund focus for the updated fee report is: Fire and Emergency and Park and Recreation. These are the fees that are proposed to maintain in place with three fee areas being eliminated, which are the Law Enforcement, Library/Museum, and Street categories. He pointed out that certainly fees may be updated or revised in the future and fee categories that are currently anticipated to be eliminated may be brought back. Previously there was an Open Space Development Fee that the Town had assessed that was eliminated in January 2012 that was proposed to be maintained as a restricted Park and Recreation Fund and was not part of the fee, but there were fees that were collected and there is an anticipated improvement that would fund in the future (i.e. a trailhead). He stated that maximum fees have been calculated in both areas. The fire and emergency fee would be $300 per residential dwelling z:\council packets\2014\r140515\140409m.docx Page 2 of 3 units assessed in the same manner that it is today, which is an increase of approximately $100 over the current fire and emergency fee and the non-residential component would be $0.24 per square foot, which was an increase of about $0.11 in that fee area as well. The Parks and Recreation fee was approximately $1,300 with a proposed reduction of around $800 from the fee today. Mr. Rheem compared the existing fees with the proposed calculated fees. He stated that the total fees assessed today for a single family would be assessed a little over $8,000 in development fees. Fees as proposed would drop down to approximately $1,600. He said that what was driving the existing fee had been the Street ca tegory and as that was one of the fees being eliminated so that was really what was driving that large decrease as illustrated in the chart. Similarly comparing a 10,000 square foot development the fee that would be assessed today is approximately $40,000 and under the proposed fee it would decrease to a little under $2,500 with the single fee area remaining of fire and emergency. He stated that as they’ve gone through the statute driven process, the process was now at the point of a public hearing and as the process moves forward certainly there was a finalization of fee report after today’s discussion, then the consideration of the two fee areas next month and if adopted and in place, the fees would go into affect August 1, 2014. Mr. Rheem stated that concluded his brief overview. Mayor Kavanagh asked the Council if they had any questions. Councilmember Dickey asked what possible choices did they have in terms of discussing these fees as she presumed, perhaps incorrectly, that these fees are not anyt hing that they (the Council) can change. Mr. Rheem said that the fees were the maximum amount for both fees and that the Town had the option of adopting a lower fee or no fee at all. He acknowledged that public hearings are designed to get feedback and questions so to the extent that there were major modifications he imaged they could be factored into this update. Certainly the facilities themselves have been defined and they are growth projections so there were not many changes likely moving forward. There were no speakers. Mayor Kavanagh closed the public hearing at 5:38 p.m. AGENDA ITEM #2 - ADJOURNMENT. Councilmember Yates MOVED to adjourn the Special Session and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY by those present (7-0). The meeting adjourned at 5:38 p.m. EXECUTIVE SESSION * CALL TO ORDER Mayor Kavanagh called the Executive Session to order at 5:50 p.m. in the Fountain Conference Room - 2nd Floor. 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, NEGOTIATIONS WITH THE DEVELOPER REGARDING ADERO CANYON.) 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, Councilmember Cecil Yates, Councilmember Elkie and Councilmember Henry Leger. Town Manager Ken Buchanan, Town Attorney Andrew McGuire, Senior Planner Bob Rogers, Directory of Community Services Mark Mayer, Director of Development Services Paul Mood, and Town Clerk Bevelyn Bender were also present. z:\council packets\2014\r140515\140409m.docx Page 3 of 3 Vice Mayor Hansen had declared a conflict of interest and was absent from the Executive Session. Councilmember Dickey MOVED to enter into the Executive Session at 5:50 p.m. and Councilmember Elkie SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). AGENDA ITEM #2 - ADJOURNMENT. Without objection, the Executive Session adjourned at 7:20 p.m. 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 Executive and Regular Sessions held by the Town Council of Fountain Hills in the Fountain Conference Room - 2nd Floor (Executive) and Town Hall Council Chambers (Regular) on the 3rd day of April, 2014. I further certify that the meetings were duly called and that quorums were present. DATED this 15th day of May, 2014. _____________________________ Bevelyn J. Bender, Town Clerk