HomeMy WebLinkAbout2013.0221.TCREM.Minutesz:\council packets\2013\r130307\130221m.docx Page 1 of 22
TOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
FEBRUARY 21, 2013
EXECUTIVE SESSION AGENDA
CALL TO ORDER
Mayor Kavanagh called the Executive Session to order at 5:32 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)(3), DISCUSSION OR CONSULTATION WITH 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,
RELATING TO NATURE'S AZ MEDICINES, INC.).
ROLL CALL: Present for roll call were the following members of the Fountain Hills Town Council: Mayor
Kavanagh, Councilmember Yates, Councilmember Leger, Councilmember Brown, Vice Mayor Elkie and
Councilmember Dickey. Town Manager Ken Buchanan, Town Attorney Andrew McGuire, Director of Development
Services Paul Mood, Senior Planner Bob Rodgers and Town Clerk Bevelyn J. Bender were also present.
Councilmember Hansen arrived at the meeting at 5:33 p.m.
Councilmember Yates MOVED to enter into the Executive Session at 5:32 p.m. and Councilmember Dickey
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #2 – ADJOURN TO THE REGULAR SESSION
Without objection, the Executive Session adjourned at 6:17 p.m.
REGULAR SESSION AGENDA
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:35 p.m.
* INVOCATION – Pastor Steve Bergeson, Shepherd of the Hills Lutheran Church
* ROLL CALL
Present for roll call were the following members of the City Council: Mayor Kavanagh, Vice Mayor Elkie,
Councilmember Brown, Councilmember Yates, Councilmember Dickey, Councilmember Leger, and Councilmember
Hansen. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also
present.
* MAYOR’S REPORT
Mayor Kavanagh congratulated Town Manager Ken Buchanan on being the 2013 recipient of the John “Jack”
DeBolske Professional Excellence Award, presented by the Arizona City and County Management Association.
*
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SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Update by Councilmember Dickey relating to the Maricopa Association of Governments (MAG) Regional
Domestic Violence Council.
Councilmember Dickey, a recent appointee to the MAG Regional Domestic Violence Council, provided a brief update
on this agenda item. She noted that the Council was created in January of 2000 to implement the MAG Domestic
Violence Plan and serves as the primary coordinating body for issues related to domestic violence , which touches
every segment of the community. She outlined the areas where the Council is involved and reported that it is one of
the largest community coalitions of its kind in the country. She explained that members of the Council are drawn from
local elected officials, members of the Governor's Office Division of Women, business and health care providers,
police officers, shelter and service providers and private funders. She added that the Council is charged with working
with the community and implementing the recommendations of the MAG Regional Domestic Violence Plan. She
advised that MAG has 7 different policy committees and 19 different technical committ ees and is composed of
approximately 30 members. She discussed the two meetings that she has attended and said that they provide a great
opportunity to hear what other municipalities are doing. She stated that she was able to talk a little bit about some of
the things that the Town has done over the past few years and briefly expanded upon those efforts. She said that she
looks forward to continuing to work with the other members of the Regional Domestic Violence Council and
becoming further involved as they move forward.
Mayor Kavanagh thanked Councilmember Dickey for representing the Town on that important Council.
(ii) Update by Councilmembers Dickey and Yates relating to Grand Canyon University.
Councilmember Dickey advised that Grand Canyon University was looking to expand and the Town wanted to look
into this. She said that on January 3rd the Council gave her and Councilmember Yates permission and responsibility
to respond and so they sent a Letter of Interest so that they (the Town) could participate. She noted that they attended
the presentation and tour on January 18th.
Councilmember Yates informed the Council that Grand Canyon University has a great product at a very reasonable
cost. He stated that they are looking to expand their college programs by replicating their existing campus on a fast
track. He noted that the program and the facilities were very impressive and he and Councilmember Dickey were able
to meet with the President of the organization and discuss all that Fountain Hills has to offer. He said that for distance
learning and/or some other opportunities that come alone down the line he definitely thinks that the Town is in a good
position. He congratulated Councilmember Dickey on raising this issue and taking the lead because he believes that
they accomplished their goal.
Councilmember Dickey expressed appreciation to Councilmember Yates as well and said he did a great job of
promoting the Town. She reported that if they wanted to respond they had to do so by February 15th so after further
consideration they sent a letter to the Mayor to look at. She added that the letter was sent out on the 11th and briefly
highlighted the contents of the letter, which thanked Grand Canyon University for the opportunity to visit their facility
and learn about their operations and future goals. She noted that the letter went on to say that based on what they
heard and the parameters set forth in the proposal, it appears that the Town may not fit the criteria for the University's
immediate plan but further stated that the Town remains very interested in exploring further avenues for higher
education options, including satellite campuses and distance learning. She added that the letter said that they are
confident that the community has much to offer and they hope that the University will think about them as they move
forward. She noted that they had a presentation from the Strategic Planning Advisory Board (SPAC) about the Town's
Economic Development Plan and she believes that she, Councilmember Yates and everyone will be working with that
group and others on the feasibility study and that they will be able to create a continuing educational task force that
will speak to what Fountain Hills really has to offer.
Mayor Kavanagh thanked Councilmembers Dickey and Yates for pursuing this opportunity on behalf of the Town.
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CALL TO THE PUBLIC
Town Clerk Bev Bender advised that four citizens submitted requests to speak under this agenda item.
Peter Bordow addressed the Council and said that the Grand Opening of his new business in Fountain Hills took place
two Saturdays ago and advised that they lost count at 175 people who came to see the new facility, including 100
motorcycle riders and Sheriff Arpaio. He stated that the event was amazing and expressed special thanks to the
Mayor, Councilmember Yates and Leger for their attendance and show of support. He also expressed appreciation to
everyone in Town for their support.
Randy Beard submitted a card but did not wish to speak at this time.
Maxine Decker addressed the Council and said that she was present this evening to talk about their taxes. She
provided brief background information and said that her life has focused on children. S he stated that she and her
husband had three children and paid for their music lessons and sports activities and they certainly did not expect the
public to help pay for those things. She added that the Town needs to think of how it is going to spend money and said
that safety should come first and noted that they also need to think about public parks and maintaining the Fountain in
addition to fire, police and roads and staff salaries. She referred to Mayor Kavanagh's recent remarks the other night
and stated that $72,000 has been spent on this year but they are going to be down to the bare bones. She asked that
they spend the money on the items she mentioned. She displayed a sign that depicted her views.
Val Stasik submitted a card but did not wish to speak at this time.
The Mayor thanked the speakers for their comments.
CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM FEBRUARY 7, 2013.
AGENDA ITEM #2 – CONSIDERATION OF APPROVING AN APPLICATION FOR EXTENSION OF
PREMISES/PATIO PERMIT, TEMPORARY CHANGE SUBMITTED BY MERITA KRAJA,
REPRESENTING THE EURO PIZZA CAFE, FOR THE PURPOSE OF A TEMPORARY EXTENSION OF
PREMISES, IN CONJUNCTION WITH THE DISCRAFT MEMORIAL CHAMPIONSHIP EVENT, TO BE
HELD AT 12645 N. SAGUARO BLVD. #11, ON SATURDAY, MARCH 2, 2013.
AGENDA ITEM #3 - CONSIDERATION OF APPROVING A WINE FESTIVAL LICENSE/WINE FAIR
LICENSE APPLICATION SUBMITTED BY DENNIS M. MINCHELLA, REPRESENTING THE
KOKOPELLI WINERY, FOR PARTICIPATION IN THE THUNDERBIRD ARTIST'S ANNUAL
FOUNTAIN HILLS FINE ART AND WINE AFFAIRE TO BE HELD AT 16810 E. AVENUE OF THE
FOUNTAINS, WHICH IS SCHEDULED FOR MARCH 15, 16 AND 17, 2013, FROM 10:00 AM TO 6:00 PM.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY JEAN LINZER REPRESENTING THE FOUNTAIN HILLS AND LOWER
VERDE VALLEY MUSEUM & HISTORICAL SOCIETY FOR THE PURPOSE OF A FUND RAISER.
EVENT TO BE HELD AT 13001 N. LA MONTANA BLVD., SCHEDULED TO BE HELD ON SATURDAY,
MARCH 16, 2013, FROM 11:00 AM TO 5:00 PM.
AGENDA ITEM #5 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION SUBMITTED BY DONALD ERIC ANDERSON REPRESENTING THE SONS OF AMVETS
FOR THE PURPOSE OF A FUND RAISER. EVENT TO BE HELD AT 12925 N. SAGUARO BLVD.,
SCHEDULED TO BE HELD ON SUNDAY, MARCH 17, 2013, FROM 10:00 AM TO 6:00 PM.
AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2013-09, APPROVING THE TOWN OF
FOUNTAIN HILLS BOARD OF ADJUSTMENT BYLAWS, AMENDED AND RESTATED FEBRUARY 21,
2013.
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AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 2013-03, AN INTERGOVERNMENTAL
AGREEMENT WITH THE FOUNTAIN HILLS SANITARY DISTRICT RELATING TO VARIOUS
SERVICES.
Councilmember Hansen MOVED to approve the Consent Agenda as listed (Items 1 – 7) and Councilmember Yates
SECONDED the motion.
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).
REGULAR AGENDA
AGENDA ITEM #8 - CONSIDERATION OF APPROVING A REQUEST FROM FOUNTAIN HILLS
LITTLE LEAGUE FOR PERMISSION TO PURCHASE, INSTALL AND MAINTAIN THREE NEW
SCOREBOARDS IN GOLDEN EAGLE PARK AND TO PERMIT THE NAMES OF ANNUAL SPONSORS
OF THE GROUP TO BE DISPLAYED ON THE SCOREBOARDS AND ON THE BACKSTOPS D URING
THE GROUP'S REGULAR SEASON AND PLAYOFFS.
Director of Community Services Mark Mayer addressed the Council relative to this agenda item and noted that he
included information on this issue in the Council's packets, specifically the letter that was received a number of weeks
ago from Rich Barker, Vice President of the Fountain Hills Little League who is present in the audience this evening.
(Copy available on line and in the office of the Town Clerk). He discussed the condition of the scoreboards that are
currently in place and noted that they do not possess the modern technology that is available today. He also
commented on the difficulties associated with obtaining replacement parts for the current boards. He stated that the
Little League is offering to acquire the equipment and continue to maintain the scoreboards at no expense to the Town
in perpetuity. He advised that in order for the organization to generate funding they are asking permission to allow the
names of annual sponsors of the group to be displayed on the scoreboards and on the backstops during the group's
regular season and playoffs. He indicated his willingness to respond to questions from the Council.
Councilmember Dickey asked whether the Little League has a policy or the Town has one regarding who is able to
sponsor that organization so that there is some measure of control in place and the Council will know what would be
placed on the equipment. She noted that Town Attorney Andrew McGuire mentioned that there might be some othe r
cities or towns that have models in place for this type of thing.
Mr. McGuire advised that one of the things that the Council would like some clarity on is policy direction regarding
the distinction between two different uses that they are talking about. He noted that typically when they have donated
items (typically in School Districts) most who have them have the name of the person who made the donation on it and
it stays there forever (like the plaques that are used for all of the donated art work in Town). He added that they don't
have the answer to another issue and they need some direction from those involved -- once they put something up there
that has an advertising component that can be rolled over or changed from season to season, that opens i t up to
discussions they have had in the past relative to the difficulty associated with regulating the contents of those users on
the signs after the point that the Town opens it up. He noted that because it is owned by the Town they are subject to
the same problem they've had when they talked about directional signs and putting actual advertising or business
names on them. He emphasized that they cannot discriminate amongst the businesses so if one of the users that may
not be someone that the Little League wants to have up there or that the Town would want to have up there is rejected
that would be a problem because they have opened the door to this. He said that adding the sponsor's name or the
people who paid for the scoreboard and leaving it up there permanently is perfectly fine but the rotating nature is the
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problem. He advised that staff has not found any municipalities that have a policy on that and he and the Council
would like to obtain some input on that issue before they go back and craft something.
Mr. McGuire further stated that the other type of advertising that they are talking about that they think is a far different
type is placing banners on or around the backstops during the season so that the Little League sponsors/businesses can
have a banner up there for the season. He said that they believe that is a totally different animal and perfectly fine. He
reiterated that the issue is with the Town-owned signs that are permanently installed that they need some feedback on.
He added that whatever they decide is fine but he and the Council just wanted to make sure that they have a policy on
it. He advised that Mesa has a pretty good base that is a little different from this but perhaps could be used to mold a
policy for the Town. He said that they wanted to make sure that everyone was aware of the issues before they move
forward.
Mayor Kavanagh requested that Mr. McGuire explain what Mesa does and he stated that the city has a Marketing
Alliance Program that is basically for the sponsors of bigger events. He noted that they don't have it for pieces of
infrastructure like this. He advised that if the Great Fair had a big name sponsor like Budweiser (The Budweiser Big
Fair for example) that is the type of thing that Mesa created guidelines for so that prior to application everyone will
understand the guidelines as far as who would be allowed to sponsor and who the city is interested in partnering with
(the city chooses to enter into a relationship with a co-sponsor of an event). He added that the policy is not exactly
what the Town is looking for but it would certainly be a good starting point.
Mayor Kavanagh asked if there was any way that they could write into a policy that the Town has the right of refusal
for a sponsor since it is the Town's property and Mr. McGuire replied that unfortunately case law would not support
the Town on that -- once opened up, a business is a business is a business as far as the courts have been concerned. He
referred to discussions from way back in the past about directional signs and not having actual business names on them
because they can't say one business is okay but another is not.
Councilmember Hansen asked what if the Little League kept possession of the signs so they no longer belong to the
Town (lease to them for $1.00 a year or something else).
Mr. McGuire responded that if the Town doesn't own the signs then there certainly is broader latitude on whose names
can go on the signs. He added, however, that there is also the gift clause issue that they have to consider (giving away
Town property for advertising purposes). He pointed out that that is a whole different analysis but they could probably
figure out a way to make it work. He said that as long as the Town owns it they are not able to te ll people no even if
that is what they wish to do.
Councilmember Hansen brought up school buses and Mr. McGuire advised that there is State law in place that
addresses how the School Districts can operate and handle that issue but cities and towns have nowhere near that level
of direction.
Vice Mayor Elkie commented that years ago they used to see advertising for cigarettes and alcohol on billboards and
laws were passed that prevented that.
Mr. McGuire stated that he believes there are Federal regulations in place governing alcohol under certain
circumstances, not all.
The Vice Mayor said that perhaps they could look at that policy because that is what they are primarily concerned with
-- not "Joe's Automotive" or other similar types of advertisers. He added that perhaps they could develop something in
line with the Federal regulations.
Mr. McGuire noted that Mesa's policy does a little bit of that in terms of the way that they established guidelines
regarding how people would be evaluated and whether or not they want to consider them for a municipal partnership
of some sort. He said that the city does not cut alcohol out altogether because they are aware of the fact that some of
their major events could certainly have a local brewery for example that might want to be a sponsor. He added that the
city has a specific list of items that are important to them as far as the type of sponsors they want and the Town could
certainly have something like that. He stressed the value in structuring a policy up front and then applying it fairly and
consistently but noted that the concern is greater now than it was when they discussed something similar 18 or 19 years
ago because now there are a lot of businesses that have in their menu things that would be objecti onable right off the
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back and website/business names as well. He stated that they want to come up with a way for this to work because
obviously this is a program that everyone supports but said it was important to make everyone aware of the fact that
the way it is currently being proposed has a "bug" in it that he and the Council need some direction on.
Mayor Kavanagh said that she knows that for football games they have banners and they get sponsors. She asked if
the representative from the Little League would come forward and tell the Council whether they have some sort of a
policy or criteria for advertising.
Mr. Rich Barker, representative from Little League, addressed the Council and advised that he is sure that he can find
some sort of policy on what they are allowed to accept as far as sponsors. He said that he will do some research, locate
the policy and get back to the Council with what he finds out. He pointed out that sponsors have to come before the
Little League and get approval to be a sponsor and it's not just for the School Board, it is a whole package and there are
different rules depending on the type of sponsorship they decide to have. He added that they are obviously going to be
very selective about whose names go on the signs because they can't risk losing their chartership by taking on a
sponsor who doesn't fit the Little League's criteria. He informed the Council that they want all of the sponsors to stay
on for at least two years because every time they switch out a sponsor it would cost $400 a sign and $2,000 a
scoreboard.
Mayor Kavanagh thanked Mr. Barker for his input and said she wonders if perhaps the Council should let the Little
League bring their policy forward and they can then look at that. She said that some type of criteria might already
have been worked out and perhaps something is already in place (for banners too and other events). She requested that
Mr. Barker provide Mr. McGuire with the Little League's policy as soon as it is available.
Councilmember Hansen asked if there is anything they could do tonight because in his letter, Mr. Barker advised that
they would need a decision on the scoreboards with sponsors no later than February 5th and they have already passed
that date. She noted that it takes six weeks to get the scoreboards in. She questioned whether they could do something
that would allow the Little League to move forward with the contingency that the outstanding issues get resolved.
The Mayor stated that they could approve allowing the Little League to move forward with obtaining the scoreboards
because the Council is only worried about the advertising.
Mr. Barker advised that the scoreboards with room for sponsors would be made differently and if they have to wait
they will wait but they just want to be ready for opening day.
Councilmember Dickey asked if the Council could make the motion as it stands and add "pending sponsorship
guidelines forthcoming from the Little League?"
Mr. McGuire responded that he would suggest if the Council wants to provide direction is that the initial sponsorship
be treated like an art donation and what they need should be determined between now and when they are installed and
perhaps this remains in the Little League's hands until something is figured out (some type of licensing agreement or
something else). He reiterated that once the Town owns the structure and the advertisement goes up the door is open
and there is not anything they can do to change that other than not owning the signs.
Councilmember Yates applauded the Little League organization for coming up with a revenue solution and added that
he has a feeling that the Little League's standards are going to be way more strict than what the Town does. He stated
that he is on board with giving it to the Little League and letting the system work. He noted that he is a big free market
guy.
Vice Mayor Elkie agreed with Councilmember Yates' comments but said that at the same time he does not want to
incur a lawsuit as they move forward. He added that the chances of that are very slim but if it does happen they are
going to need legal advice and they should have some type of policy in place. He stated that he would be in support of
moving ahead and approving or accepting the purchase and the donation of the signs and then they could probably
very quickly work out what the parameters are going to be as far as the sponsors are concerned. He noted that he
would feel more comfortable having a policy in place just so that everything is clear.
In response to a question from Councilmember Yates as to how to proceed, Mr. McGuire said that he thinks the
Council has given clear enough direction and if the Council just accepts the signs staff will explore the other options
and get back to the Council knowing that this component will be part of a larger policy that will be brought back to the
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Council later on. He added that staff will provide the Council with a specific report on the outstanding issues. He said
that he is interested in reviewing the Little League's guidelines as well and he thinks that exploring Councilmember
Hansen's approach is what will be evaluated prior to the installation of the signs.
Vice Mayor Elkie stated that this might not just be about Little Leagu e signs -- other people might want to do
something similar on Town-owned property so if they sort this out and get a policy in place that will be very helpful.
Mr. McGuire advised that this is scheduled as a discussion item at the Council's first meeting in April and staff will
come back to the Council with a full policy that covers all of the different marketing alliances.
Councilmember Hansen asked Mr. McGuire whether the first half of the suggested motion (outlined in the staff report)
would be acceptable -- "To approve the request of the Fountain Hills' Little League for permission to purchase, install
and ongoing maintenance of three new scoreboards in Golden Eagle Park" and Mr. McGuire replied that it would
suffice.
Councilmember Hansen MOVED to approve the request of the Fountain Hills' Little League for permission to
purchase, install and ongoing maintenance of three new scoreboards in Golden Eagle Park and Councilmember Brown
SECONDED the motion.
There were no citizens wishing to speak on this agenda item.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #9 - CONSIDERATION OF APPROVING A RECLAIMED WATER USE AGREEMENT
BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS SANITARY DISTRICT
RELATING TO FOUNTAIN PARK.
Community Services Director Mark Mayer addressed the Council relative to this agenda item and explained that this is
an agreement that the respective attorneys of the Town and the Sanitary District have been working on for a number of
months. He said that it basically takes the verbal agreement that they have had and puts it into writing. He noted that
most of the information regarding what they have been doing in the past is included. He pointed out that the
agreement ensures the continued receipt of effluent water from the Sanitary District and said that that assumes that
they have the effluent to provide to the Town and should that not be the case obviously that would change. He added
that it also offers the Town the ability to acquire that under this agreement at no cost to the Town in exchange for
access to the recharge facilities that they have in the park as well as the use of the lake itself for the storage of effluen t
water. He reported that the agreement runs through June 30, 2018 and is renewable for five additional five-year
periods so they are essentially looking at a 30-year agreement. He said that he and the Town Attorney are willing to
respond to questions from the Council.
Mayor Kavanagh asked if there were any major changes and Mr. McGuire said that they don't have one at the moment
and there are changes but no changes to the actual operation. He advised that they are required under their permit to
have a water lease agreement with the reusers of the water and this is a memorialization of what is already going on.
Mayor Kavanagh commented that the Town has the right to get the water before the golf courses for their parks and
Mr. Mood said that the Town is second only to the District itself for Fountain Park.
There were no citizens wishing to speak on this agenda item.
Councilmember Leger MOVED to approve the Reclaimed Water Use Agreement between the Town of Fountain Hills
and the Fountain Hills Sanitary District for Fountain Park and Councilmember Yates SECONDED the motion.
Councilmember Dickey commented that with the Capital Improvement Plan that they will be talking about later they
have $300,000 for water quality but this is not part of th at and Mr. Mayer agreed and noted that this is simply for the
reuse of water and the other IGA specifically talks about water quality.
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In response to a comment from Councilmember Dickey, Mr. McGuire stated that the Reuse Agreement is simply an
arrangement that identifies who is responsible for the quality so at the point of delivery, whi ch is the point at which the
water goes into the lake, the District is responsible and from that point on it becomes the Town's responsibility. He
added that any change to that responsibility would be included in an IGA if they come to one but this is just formatting
and establishing in a written document what they are already doing but if they modify that arrangement then staff will
bring the issue back to the Council.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #10 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO THE
SAGUARO BOULEVARD AND AVENUE OF THE FOUNTAINS' INTERSECTION.
Community Services Director Paul Mood addressed the Council relative to this agenda item and said that this
presentation stems from the previous Work Study that was held when they discussed the intersection. He noted that
the direction at that time was for staff to come back with just the current 3-Way Stop configuration with two lanes or
the Roundabout option and that is what he will be presenting this evening. Mr. Mood briefly highlighted a PowerPoint
presentation (Copy available on line and in the office of the Town Clerk) and discussed the following:
* An Intersection Analysis with 5-year crash data with an average of two a year (2008-2012)
* Traffic Volume Data (2011 and 2031)
* The Existing Intersection Configuration
* 3-Way Stop - Dual Lane (2013) $420,000
* Single-Lane Roundabout (2026) $1,120,000
* Dual-Lane Roundabout (2031) $1,250,000 ($830,000 more than the Three-Way Stop)
Mr. Mood advised that the 3-Way Stop - Dual Lane (Paul Nordin to Parkview) configuration is currently included in
the Capital Improvement Plan, which is the next item on the agenda. He said that that is the $8.2 million bond for
Saguaro (this work is included in the $8.2 million). He added that if they took Saguaro and reconstructed it and took
out the ten inches of asphalt and sub-grade and went back to engineered sub-grade and four inches of asphalt, did the
work at the intersection, redoing the Fountain that is out there right now, a little bit of asphalt replacement up on to
Saguaro, extending out the medians going from Paul Nordin to Parkview that cost is estimated at $420,000.
Mayor Kavanagh stated that the cost was originally $150,000 but because they are going all the way out the price
increased and Mr. Mood concurred with the Mayor's statement. He advised that just for the intersection alone staff
was budgeting $150,000 but when they add in the asphalt and curb/gutter replacements from Paul Nordi n to Parkview
that is when the cost goes up.
Councilmember Dickey referred to comments made during the presentation relative to 35-foot light poles and said that
the Council received a letter from a citizen and would like Mr. Mood to explain why they would have to be included in
the Single Roundabout option and why there would only be pedestrian lights with this particular Roundabout and not
with the other configurations (or are they included as well?).
Mr. Mood advised that the pedestrian lighting is just for the on-street parking and this is a major arterial and if they
have potentially 20,000 vehicles per day staff would recommend lighting that so when people are walking out to get
into their cars the drivers can see them.
Councilmember Dickey asked if they would need lights if they went with the 3-Way Stop with parking and Mr. Mood
stated that staff would recommend lighting. He added that the current configuration does not have on -street parking
with the 3-Way Stop.
Mr. Mood discussed the 35-foot light poles and said that the purpose behind them is to light the Roundabout at night so
that people can see their path of travel on the Roundabout.
In response to a question from the Mayor relative to costs, Mr. Mood reported that when they take it from Paul Nordin
to Parkview the estimated cost is a little over $1.1 million so it is approximately $700,000 more than what they are
currently showing in the bond proposal.
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Vice Mayor Elkie asked what the cost of the lighting is for the Roundabout and Mr. Mood replied that staff looked at
isolating that and he doesn't have it in front of him right now but if they do the Roundabout, no matter what they do,
on-street parking or not, they are going to have to come away from that intersection a little bit. He noted that it is
difficult to break the cost out because some work will overlap. He stated that was part of the problem with the original
Aztec report -- some of the on-street parking costs were included in the Roundabout and they double counted some
things. He reiterated that he doesn't have the numbers in front of him but the on-street parking and the lighting was in
the $400,000 range.
Vice Mayor Elkie commented that he would like to know what the cost would be if they didn't have the on -street
parking but had the lighting around the Roundabout.
Mr. Mood responded that that would change the configuration of the Roundabout a little.
Mayor Kavanagh referred to Mr. Mood's comments relative to the Dual Lane Roundabout and the Vice Mayor said
they are talking about the intersection and the Roundabout and when talking about the Roundabout they are including
on-street parking, lighting and everything like that and he is trying to make sure that they are comparing apples to
apples.
Mr. Mood advised that it is difficult to do apples to apples because some of the work does overlap. He added that the
asphalt is different and they have about $300,000 of asphalt work and the on-street parking and lighting is about
$400,000 and the Roundabout is about $400,000 in rough numbers.
Mayor Kavanagh stated that they would definitely need the lighting for the Roundabout and asked Mr. Mood how
bright that would be.
Mr. Mood said that it would be the same as they see at Palisades and Saguaro right now (lights on top of the traffic
signal poles).
Councilmember Dickey stated that there are concerns about the Dark Skies and she knows that there are lights they can
get that won't interfere quite as much. She asked if Mr. Mood is saying that it would look the same as what t hey
currently have on Palisades and Mr. Mood said that that would be staff's recommendation -- to light it the same as the
other signalized intersections that they have.
Councilmember Dickey commented if they are trying to talk apples to apples, the drainage is something that they
should discuss because she is unsure why one option might require drainage while another would not.
Mr. Mood said they will not know for sure until an engineer actually designs the project and added that basically right
now the water runs down the Avenue going left and right (it all drains towards the center of the Avenue and comes
down and hits a gutter and goes left to right) so they would have to put some "funky" drainage scupper in there to do
that and the tires would not like going over it. He added that he is not saying that that is not a possibility but they
would have to have a drainage engineer look at that. He noted that they want to plan for the worst and hope for the
best.
Mayor Kavanagh stated that she would think that lighting would be needed at the pedestrian crossing because there are
no stop signs. She said that they would need something bright enough so that the cars coming around would be able to
see someone in the crosswalk.
Mr. Mood agreed and said that they could add one or two pedestrian lights on either side or it could be configured so
that the lights at the Roundabout would be enough. He noted that a lighting engineer would have to look at that during
design.
Mayor Kavanagh added that the whole intersection would have to be bright enough so that the cars going around
would be able to see turning cars, etc., and both crosswalks would have to be lit enough so that cars could see people
crossing.
Mr. Mood concurred and said that that would be staff's recommendation.
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Vice Mayor Elkie asked if the proposal for the 3-Way Stop anticipates additional lighting at the 3-Way Stop as well
and Mr. Mood advised that it does not (the red dots on the page indicate stop signs and not lights). Mr. Mood said that
additional lighting would not be needed because it would stay pretty much the same as it is now as far as the lighting.
Mayor Kavanagh referred to Mr. Mood's presentation and asked if either one of the Roundabouts would encroach on
the Park and Mr. Mood stated that they slightly encroach. He explained that if they were going to be redoing the
sidewalks in that area they would actually bring the one right next to the park out and make it wider, creating almost a
viewing deck for the lake and the Fountain. He noted that they are going to be doing some retaining work anyway so
if they are going to do it they will do it right and create a viewing area and put some fencing up. He added that some
picnic tables could also be included.
Mayor Kavanagh commented that her concern about encroaching on the park has to do with Heritage Funds and asked
whether they have to do some applications for that and Mr. Mood said that the thought is with the viewing area they
are creating an amenity for the park.
The Mayor stated that it looks like it is going into the park on the Dual Lane option and Mr. Mood reported that it is
very close but again it is something that would be worked through with an engineer.
Mayor Kavanagh referred to the size of the Roundabout itself and said she has seen the rather small one on Cactus and
trucks and buses have a little trouble (can see a lot of tire marks on the center circle that shows they are missing it).
She added that the Roundabout seems kind of small.
Mr. Mood advised that he believes in the engineering study when they laid these schematics out they used a wheel
basics design -- the wheel base of a 65-foot truck -- and that should be able to handle the larger trucks. He confirmed
that that is a truck route. He added that basically the Single-Lane Roundabout and the Dual-Lane Roundabout area
wise are about the same but the center island gets smaller and they have to do a little bit of reconfiguration.
Mayor Kavanagh asked if a comparison was done to the Roundabout on Cactus as far as size (is it about the same or
larger?) and Mr. Mood said that he did not compare it size wise to the one on Cactus. He noted that this is a residential
collector street, and Saguaro is an arterial truck route.
(Councilmember Leger left the dais at 7:34 p.m. and returned at 7:36 p.m.)
Mr. Mood continued with the final item in the presentation.
* Conclusions.
The level of service on the Three-Way Stop and the Single-Lane Roundabout are about the same. The Dual-Lane
Roundabout will provide a better level of service. In talking with the Fire Department, they did not have an opinion
one way or the other right now. Mr. Mood was at the intersection the other day when an emergency vehicle came
through and everybody got over it quickly. The current configuration works and the Fire Department didn't have any
problems with the Roundabout either. As far as the Pedestrian Connectivity, with the Three-Way Stop the cars will
have to stop and give the right-of-way to the pedestrians. There have not been any reported accidents. Experts will
tell you that Roundabouts are safer for pedestrians based on their data. There is no right -of-way required for the
Three-Way Stop configuration and minimal right-of-way required for the Roundabout (pushing the sidewalk out). The
Three-Way Stop would have the same configuration as what is out there today just the medians would be redone. The
Roundabout would have a center island where some landscaping could be done and/or art work could be placed. Staff
would recommend that lights be added for visibility at night. There is no utility impact if they redo the existing
configurations. The one issue they had with the Roundabout option is if they d o have to do drainage there is a large
SRP duct bank that runs through there as well with water, gas, electric, sewer, etc., to if they have to go across into the
park they need to make sure that they go down below 8 to 10 feet. Projected costs from Paul Nordin to Parkview with a
Three-Way Stop would be $420,000; the Single-Lane Roundabout is $1,120,000 million (roughly $700,000 more than
the Three-Way Stop) and the Dual-Lane Roundabout is approximately $830,000 more than that - $1,250,000)). Right
now the Capital Improvement Plan covers the Three-Way Stop option and if Council were to choose one of the other
options then the funding would have to be addressed (some projects would have to be moved around).
Mr. Mood indicated his willingness to respond to any questions relative to this presentation.
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Mayor Kavanagh thanked Mr. Mood for his presentation and said that she knows that a lot of people have submitted
requests to speak on this agenda item so she would like to give them the opportunity at this time. She stated that
following that, they will continue on with the Council discussion.
Town Clerk Bev Bender advised she has received 24 requests to speak, 12 people who wish to speak and 12 who do
not but wanted the Council to know that they are opposed to the Roundabout.
The following residents spoke in opposition to the Roundabout proposal:
* Susan Querns
* Maury Corp (Representing 39 people)
* Bob Deppe
* Nancy Ordowski
* Jerry Kirkendoll
* Richard Rutkowski
* Ronald Smith
* Steve Ryan
* Linda Bordow
* Douglas Larson
* James Perron
* Judy Rutkowski
The above residents expressed the following opinions and indicated their opposition for the following reasons:
* Roundabouts are confusing and unsafe for pedestrians
* This is a very controversial issue and taxpayers/voters should be provided an opportunity to vote on this
* Increased chance of accidents (People unsure of who has right-of-way or are afraid to merge into traffic)
* Roundabouts are costly
* Positive comments have come from aggressive government employees or government subcontractors who say
"they know what we need or want and should not question their knowledge." Negative comments have come
from the residents, ordinary citizens who have had experiences with or know people who have used Roundabouts
and do not like them
* People will tend to avoid using a Roundabout
* Costs for this were originally part of the upcoming bond issue but were pul led out by the Council so that the
citizens could not vote on it
* The Saguaro bond issue will be voted down again if the Council votes to move forward with a Roundabout
* Residents should make the decision as to how their tax dollars are spent
* There is no additional cost to have two bond issues on the November ballot, one for $8.2 million for the repair of
Saguaro and another for the $1.1 to $1.5 million for a Roundabout -- let the citizens vote on this
* Truck traffic (larger vehicles) would have a difficult time maneuvering around a small Roundabout
* Presents a hazard to pedestrians, bicycle and motorcycle riders as well
* If the Town has extra money it should be placed in the Rainy Day Fund or used for road repair
* Law suits have been filed because of Roundabouts - liability issues
* Downtown Fund monies should not be used for this
* Stop signs are safer than Roundabouts
* A Roundabout is not a fiscally responsible action for the Council to take particularly when the economy is in such
bad shape
* Single-Lane Roundabout will hamper the effectiveness of emergency vehicles responding to calls because the
vehicles will be tied up in traffic. A Dual-Lane Roundabout would be much more expensive
* Roundabouts rely entirely on "Yield" signs to prevent distracted drivers from causing accidents
* Roundabouts do not provide for sight or hearing impaired pedestrians and solutions are likely to be expensive
* The Town has a large number of part-time seasonal residents who will only experience the Roundabout for
limited periods of time each year
* Town may spend over $1 million to solve a problem that doe s not exist or worse, create a problem that does not
exist now
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* The Roundabout at I-17 and Happy Valley Road was extremely costly to construct and was eventually removed
after a few years of use and replaced with a controlled intersection
* The repaving from Paul Nordin Parkway should be included in the road bond (if they are going to extend the
medians that is Saguaro Boulevard)
* The extension of the intersection would only cost $150,000
* The Town needs a new Fire Station and would be money better spent
* Businesses are going to lose parking spaces and it is already difficult to find parking spaces
* The proposed increase of 26,000 cars over the next 20 years is questionable
* Businesses on Avenue of the Fountains will suffer because people will avoid driving on the Roundabout
* Roundabouts present unintended consequences (i.e. increases in bicycle accidents and resulting lawsuits)
* Extend the median instead and flashing lights should be added to denote that there is are pedestrians in the
waiting area or crossing (extra flasher)
* Enforce the current traffic safety laws
(Vice Mayor Elkie left the dais at 8:02 p.m. and returned at 8:04 p.m.)
The following residents expressed opposition to the Roundabout on the speaker cards but did not wish to speak on the
item:
* Theresa Mortimer
* Hugh Henry
* Judith Perron
* Dean Neumeyer
* Dorothy Wolovler
* Reece & Suzanne Stigler
* Dennis Contino
* Sharla Shore
* David Dean
* Sandy Larson
* Lorna Bennett
* Renate Jayroe
The above listed citizen comments on the cards included the following:
* Will create more problems than it solves
* Should not be constructed on the busiest street in Town
* Keep Saguaro two lanes each way, especially in front of the Fountain
* Spend the money on the bond issue
* Taxpayers should vote on this issue
* Costs too much
* Unsafe, will cause confusion and accidents
* Represents reckless spending
* Inappropriate for that location
Mayor Kavanagh thanked all of the speakers for their input on this issue.
Councilmember Leger also expressed appreciation to everyone for their valuable feedback this evening. He said that
he has received a very large amount of e-mail on this and has not been able to respond to everyone as he typically does
so he wanted to extend his appreciation to everyone for expressing their views and opinions on this important issue.
He noted that he has heard pros and cons about this issue. He clarified that the discussion that the Council has had
relative to the bond issue is for a $8.2 million and that bond included the modified 3-Way Stop Sign at Saguaro and the
intersection of Avenue of the Fountains. He said that at no time did that bond include a Roundabout. He noted that a
Roundabout has been an ancillary discussion because it is something that has been talked about during a variety of
different planning sessions. He emphasized that he wanted to make perfectly clear that there has been no deception
and he takes that comment personally. He added that what they did talk about was if they did do something other than
the 3-Way Stop Sign that is included in the bond package then they could take the cost of that intersection out and
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possibly look for another source of funding. He noted that if they did do that it would lower the cost of the bond by
about $400,000 to $500,000 and lower the taxpayers' burden. He reiterated that the Council never ever talked about
adding the Roundabout to the bond.
Councilmember Leger stated that whether a Roundabout at the intersection is an appropriate solution or whether the
timing is appropriate is debatable. He said that he grew up in New England, the land of Roundabouts, and what he
found out was that several worked very well and many didn't work and it depends on how intervention is applied. He
added that from a certain perspective a lot of this conversation is academic because they have never targeted money in
the Capital Improvement Plan for one so he doesn't know where the talk about deception comes from. He reiterated
that they have talked about it in problem solving. He further stated that as far as funding in the Capital Improvement
Plan there is no money targeted for that and no money targeted for a Roundabout in the Downtown Fund either. He
noted that the bottom line is that currently today money is not available to fund this particular project and it is a
problem and who knows whether they will ever go there or not. He added that they are looking at another
controversial project, specifically the median project that is moving forward, and if they move forward with that that is
going to basically tap most of the Downtown money so therefore he is not sure where the money is going to come
from.
Councilmember Leger MOVED to maintain and re-modify the 3-Way Stop intervention currently being proposed in
the Town's projected bond package (the one that has always been there and remains in the projected bond package) and
Councilmember Brown SECONDED the motion.
Vice Mayor Elkie said that one of the discussions that prompted to some degree the Roundabout was on -street parking
on the east side of Saguaro to provide easier access to the park. He stated that if they have a 3 -Way Stop there would
there be scenarios where they could have on-street parking in the direction of El Lago and Palisades to provide more
access?
Mr. Mood replied that it would be difficult because they would then have to create a lane for parking and a bike lane
and then it would be very tight to squeeze in two lanes of traffic. He pointed out that there was a scenario with a 3 -
Way Stop with on-street parking and only one lane but the Fire Department did not like that idea (going down to one
lane).
Vice Mayor Elkie stated that based on what he knows then, Mr. Mood would say that on-street parking would not be
feasible and Mr. Mood responded correct unless the Council decided to really reconsider this and got rid of the
medians.
Councilmember Dickey commented that some of the speakers mentioned "solving a problem" and she wanted to go
backwards and review what the goal was as far as the Area Specific Plan, the Downtown Plan, the Swaback Plan. She
said that the goal was to have that area become a traffic calming area that would be pedestrian friendly and the
sidewalks were part of the plan. She added that the Swaback Plan, the Area Specific Plan, was something that was
very well vetted as everyone knows and eventually approved by the Council in December of 2009. She further stated
that in May of 2010 the General Plan was approved by voters and in that plan one of the five or six areas was
"Circulation." She said in that they talked about studying pedestrian and vehicular traffic and those types of things.
She added that one of them said that the neighborhood traffic control plans should be monitored and traffic calming
measures including speed humps, Roundabouts and other appropriate measures should be implemented in accordance
with the Town's Traffic Plan. She reiterated that that was voter approved and stated that she understands that the
General Plan contains a lot of information but she mentions it because she wants to try and explain what the reasoning
was behind this. She said that this was deemed to be something worth pursuing and so the product came back and they
should at least take that into consideration. She noted that the Town had studies done and obtained expert advice and
paid for that, like the Aztec Study, and their recommendation in 2011 was for the Roundabout. She emphasized that
this is not something that was just pulled out of somewhere, this was included in the General Plan an d the Area
Specific Plan is part of the General Plan. She said that she is trying to provide a little bit of perspective on where some
of these things come from. She asked whether the goal is to try to progress with these items like pedestrian safety,
connectivity and traffic calming and noted that the presentation this evening was more about getting cars through and
that type of stuff. She noted that a lot of citizens this evening talked about placing this on the ballot.
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In response to a request from Councilmember Dickey about the placement of this item on the November ballot, Mr.
McGuire advised that General Law towns only have the powers that are specifically granted by the Legislature and
there is no specific grant for advisory elections on virtually any topic except for one. He reported that back in 1997 the
Legislature as part of the monstrous Alternative Fuel Bill included a provision that allows a General Law city or town
the ability to put an advisory question related to public transportation to a vote. He said that they couldn't find when
looking through the legislative history what anyone meant by "public transportation." He added that they know that on
the House and Senate side the report seemed to conflict a little bit but it was never refe rred to as "transit," which was
his concern (that transit was the one thing that would be defined differently than public transportation generally). He
stated that they think it is the more global term including highways, airports, rail, etc., but they just don't have any
guidance on it. He further stated that it probably within their power to send that specific kind of question if it was a
broad based street transportation question to the ballot for an advisory question.
Councilmember Hansen commented that if a dollar amount was attached to that it would no longer be advisory, it
would be asking the citizens for the authority to tax or $100,000 -- as long as the public was participating with other
Town funding would it no longer be an advisory question?
Mr. McGuire expressed the opinion that if it went out as a bond question (a specific bond authorization for a specific
amount) then absolutely -- it would no longer be advisory and then they are in the position that they are in with the
Saguaro Bond that they will be talking about. He said he thinks that is one way to definitely take it out of an advisory
election question. He added that he thinks in this case they wouldn't need to do that and he believes that the statute is
broad enough to allow them to do it without attaching a dollar figure and actually making it a bond question.
Councilmember Hansen said that she thinks that is a very good opportunity then for letting the public at least weigh in
on it and then they would know going forward whether that is an option that the community desires to have.
Mr. McGuire stated that it would certainly provide the Council with a much stronger sense of certainty one way or the
other on that particular issue but they would have to word it broadly enough -- a global Roundabout and not just this
intersection so that they would know that that's what people were talking about (regardless of location).
Councilmember Hansen asked if they needed to provide a specific location and Mr. McGuire replied that he thinks
then they would get out of the public transportation realm and they get to a topic that is probably narrower than what
the statutes are talking about. He reiterated that they really do not have any really good guidance regarding what the
statute is intended to mean.
Councilmember Hansen advised that she went back into her notes on the whole Swaback exercise and during that
discussion it was quite clear that it was not really a Roundabout, it was pavement enhancement just to look more user
friendly. She added that one of the major parts of their plan was making that a more pedestrian friendly area and to
truly link the park and the Avenue. She noted that the only way they can truly do that is to slow the traffic down on
Saguaro and narrow it down and in order to narrow it, it doesn't even need to be done with curbs and little medians, it
could be done with striping. She stated that rather than just making the decision that they are going to extend those
medians just a little bit, it still is going to be a very vast area (it is not welcoming them to cross the street and get to the
park).
Mayor Kavanagh requested that Renate Jayroe come to the podium to address the Council rather that speak from the
audience seat. Ms. Jayroe spoke in opposition to the Roundabout. She voiced safety concerns and agreed with the
comments expressed by the citizens who spoke in opposition to the Roundabout. She spoke in support of the
placement of a light at that location and said people know that they have to stop at a stop sign so why not just do that.
Mayor Kavanagh thanked Ms. Jayroe for her comments.
Councilmember Hansen continued on and said that she was not talking about the Roundabout, she was talking about
narrowing Saguaro and making it more friendly. She added that she knows they had talked about the Hawk System
and right now she can't remember why they said that system would not work but a good reason would be because
Saguaro is so wide. She stated that if it was narrowed down the Hawk System might be a viable option to pursue and
that way even though it is a single lane through the intersection it would no longer have a stop sign but if it had the
Hawk System the pedestrians could hit the button and the traffic would stop. She advised that she would like to keep
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some of those options open so that they are creating something down there that Swaback was trying to create and
making it equal for pedestrians and vehicles. She added that right now she thinks the Roundabout is concentrating
more on moving cars rather than moving people. She said that going to the alternative and maybe just doing an
experiment for the short term, a temporary thing for 30 days -- striping and maybe even some temporary traffic signals
just to try some different configurations and see how the community likes it and how it affects the traffic would be a
positive thing to do. She noted that people who are looking for a straight-through shot might find an alternative route
but she would like to see how it works out. She said definitely they are not committing to anyone or to one particular
plan without trying some alternatives to improve the area and make it more pedestrian friendly.
Councilmember Yates stated that he wanted to remind the Council that they are going to have a survey done and added
that obviously he would like to put this on there in an effort to get some feedback and a valid participation from the
Town's residents on all of the other issues. He added that he thinks it would be a better way t o go if they use the
resources that they have right now.
Councilmember Yates commented that they have a motion and a second on the floor and he would like to call the
question.
Mayor Kavanagh advised that she was hoping to comment and Councilmember Yates said that he would then rescind
calling the question to allow that to occur.
Councilmember Leger said that the Hawk System was a good idea for Councilmember Hansen to bring up and stated
that they started looking for a solution at that intersection to make it more pedestrian and traffic friendly because they
did have yellow blinking lights there at one time and their observation was that no one stopped. He noted that they
added a stop sign and it enhanced it and people are stopping more. He discussed the Hawk System and their research
took place in Tucson where they invented that technology. He advised that the Public Work's staff came back and
basically said that would work as a solution for a mid -crossing but not at an intersection. He further stated that the
Hawk System obstructs views because of all of the wiring and hardware that is needed at both intersections. He noted
that at that time they decided that the Hawk System would not be appropriate for what they were trying to do. He
added that he is not disagreeing with Councilmember Hansen's comments; he is simply explaining the rationale behind
why the Town moved away from doing that.
Councilmember Brown commented that he has been a resident of the Town for twenty years and he has probably seen
four different assemblies used to try and get people across the street on Avenue of the Fountains and none of them
have been very attractive or successful. He advised that he has thought about this quite a bit and he truly believes that
what they are doing by extending the median and adjusting the turn radius on to and off of the Avenue and giving the
pedestrians truly a place to stop is probably the best solution that he has seen since he has lived here. He added that he
feels that they have done their job and he is satisfied with what they are going to do.
Mayor Kavanagh said that it hasn't been a secret that her research has proven to her that she doesn't want a Roundabout
in Town for most of the reasons expressed by the citizens earlier in the meetin g. She advised that she attended all of
the Swaback meetings (she was part of that through the Chamber of Commerce) and she agrees with what
Councilmember Hansen said -- there were pavers set down that sort of designated that intersection and made a
difference from the rest of the road so people would slow down when they'd see something like that (it looks more like
a big crossing). She added that as far as the Roundabout, it was mentioned by the Swaback team that if they did put a
Roundabout in at some point they may want to put a bridge in because they said that is what would get people across
safely when there is a lot of traffic. She noted that a bridge would be extremely costly and probably really ugly. She
said that she liked actually bringing the intersection in tighter and pulling the medians in which Town Manager Ken
Buchanan brought up as a solution for the intersection and noted that it is a very cost effective way of making it safer.
She stated that she doesn't know how they could do somethi ng and she won't say pavers or adding something that
really costs a lot but she does like the idea of doing something to just set that intersection apart from the rest of the
road that lets drivers know that this is the part of the road where people cross.
The Mayor further advised that there is no current congestion and most of the Roundabouts are used in places where
there is a lot of congestion and accidents so when you put a Roundabout in and it comes out that there are less
accidents and things are running better you have to ask "well, what did you have before?" She reiterated that they
really haven't had any accidents and the traffic is okay, no one has to wait a while and people can cross so they really
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can't say that they are like those other locat ions and they really can't compare themselves to Cactus Road. She noted
that she drove on Cactus several times during the day and there is traffic congestion around 5:30 p.m. and the traffic
starts to back up. She added that motorcycles have a tendency to go really fast around them and she never saw anyone
walking or crossing so it really is just meant for the traffic flow and not pedestrians. She said that is what
Roundabouts are really for -- to move the traffic, not the people. She stated that she was concerned about it being a
truck route because all of the trucks/semis that go through there to delivery to the grocery stores. She pointed out that
they are trying to attract more tourism and would like tour buses to come in but she doesn't think they would like the
Roundabout either.
Mayor Kavanagh commented about a note she received from a resident about New Jersey where the Mayor used to
live and she said that they have quite a few Roundabouts there. She said that she believes that by 1999 they had
removed every single one of them and went back to traditional intersections. She noted that they had some major
congestion problems and they still removed them because people didn't like them and they didn't work. She expressed
the opinion that in certain situations they really have to learn from history and look at situations where people are
saying "Hey, we've tried this and it doesn't work." She added that perhaps there are certain places where Roundabouts
do belong, like on Cactus. She said that she received tons of letters, e-mails and telephone calls from people upset
about this and noted that this is an extremely controversial issue. She added that she heard from bicyclists who
expressed concerns about the bicycling events in Town. She stated that she talked to people at the stores and they
would prefer to have people park down there by their stores if they'd like to go into the park. She advised that she has
always liked the Hawk System and believes that it is a possibility. She asked Mr. Mood if they could lay the
infrastructure for a future Hawk System or a light if they decided at some point to move in that direction and whether
that would be very costly.
Mr. Mood responded that it would be fairly inexpensive to put the conduits in. He added that as Councilmember Leger
said, the Hawk System is more for mid-block crossing and at the intersection it would be more for like a traffic signal.
He added that that would be in the ground in the event that 20 years from now traffic became so conges ted that
something needed to be done (the infrastructure would be there).
Mayor Kavanagh asked if they have lights that could actually be activated by a button if they didn't have a Hawk
System and Mr. Mood advised that he hasn't seen one that is always green and then pedestrian operated -- that is more
like the Hawk System -- not a true intersection traffic signal light.
The Mayor also discussed speed humps and said that the Fire Department's trucks have to slow down to 5 M.P.H. in
order to avoid damage to their vehicles and that decreases response times. She added that she knows residents like to
have them in their neighborhoods but they also have to think about the ability of the Fire Department being able to
reach their homes quickly.
Mayor Kavanagh thanked everyone for coming out and attending the meeting and stated that whether people are for or
against something she thinks it is great that they express their opinions and provide input. She also expressed
appreciation to everyone who e-mailed her, wrote her and called her regarding this important issue. She said that
many people who provided input had great experience and knowledge in this particular area and she is grateful for
their input.
Councilmember Hansen advised that she was in possession of a report put out by the U.S. Department of
Transportation (PedSafe) and noted that the Hawk is actually mentioned in the report along with a variety of other
systems. She said that in referring to a light at an intersection that is narrowed down, they are not looking at a big
thing going across, it could be similar to their new clock (something that is pleasing to look at). She stated that her
only concern is that she feels that they are missing out on an opportunity at this point to explore other opti ons. She
emphasized that there are so many different things that could be done that would not be real expensive. She added that
she just really wanted to say that before the Council took a vote on this item.
Mayor Kavanagh asked Mr. Mood if they do the conduit whether they could also do other systems in the future if they
decided that the traffic warranted it and Mr. Mood replied that typically at an intersection they would put in a traffic
signal. He added that the Hawk System is designed to be green all the time and then go from yellow to red when
pushed by a pedestrian. He said that he has never seen a Hawk System at an intersection but yes, if they put the
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conduit in, that would open the door to doing something in the future aside from the Hawk System if the Council so
desired.
Councilmember Leger stated that he would like to make a comment about traffic signals. He noted that they have one
at El Lago and at Palisades and asked if they really want to put one at the Avenue of the Fountains. He said he is not
sure that they want to spend money putting infrastructure in. He added that those who have been here a number of
years know that this discussion has taken place before and if they think the audience is full now, when they wanted to
put a traffic signal in the people went ballistic. He commented on the notion of having a traffic signal, then a traffic
signal and then another traffic signal and noted that they have been down that path before and they know that people
were not pleased with that. He stated that he just wanted to provide a little history regarding that.
Councilmember Hansen pointed out that it would be a pedestrian signal and not a traffic signal.
Councilmember Leger advised that the signal at El Lago is a traffic signal and a pedestrian signal and that is what they
are looking at if they are installing the infrastructure at that particular intersection.
Mayor Kavanagh asked Mr. Mood if off the top of his head he knew how much it woul d cost to lay the conduit and
Mr. Mood replied that it would not be much money, probably a few thousand dollars and they would not have to adjust
the bond in order to do that.
Mayor Kavanagh said that by the time they need to look at doing something there might be better systems in place and
she would like to put it in rather than wish they'd put it in when and if something needs to be done in the future.
Vice Mayor Elkie pointed out that the one thing they haven't talked about is a tunnel and Mr. Mood advised that
surprisingly enough he was told by the Town Engineer that the Town had applied for a grant back in the 1990's for
roughly over $1 million to do that but it wasn't approved. He said the cost would be well over $1 million.
Mayor Kavanagh stated that they would now vote on the motion and a request was made to repeat the motion.
Councilmember Leger MOVED to maintain and re-modify the 3-Way Stop intervention currently being proposed in
the Town's projected bond package and Councilmember Brown SECONDED the motion.
A roll call vote was taken with the following results:
Councilmember Yates Aye
Councilmember Dickey Aye
Councilmember Hansen Aye
Councilmember Brown Aye
Vice Mayor Elkie Aye
Councilmember Leger Aye
Mayor Kavanagh Aye
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #11 - CONSIDERATION OF APPROVING THE TOWN'S TEN YEAR CAPITAL
IMPROVEMENT PLAN/INFRASTRUCTURE IMPROVEMENT PLAN FOR THE FISCAL YEAR
BEGINNING JULY 1, 2013.
Town Manager Ken Buchanan addressed the Council relative to this agenda item and noted that the Council held a
Work Study Session on numbers. He advised that this is prepared annually for the Capital Improvement Plan (CIP)
and especially for the upcoming fiscal year 2013-14. He added that at this time they are also going through a
Development Fee Impact Study which requires the adoption of the 10-year CIP or Infrastructure Improvement Plan
(IIP). He noted that with the adoption of the CIP they will also set forth their IIP Study that the Town is required to
prepare by a certain date. He advised that what the Council has before them are various funding sources projected for
the projects and a summary of the funding sources for the next ten years is as follows:
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*Capital Projects Fund $10,073,690.00
*Highway User Revenue Fund (HURF) $225,000.00
*Grants $4,598,000.00
*Developers $27,800,000.00
*Excise Tax (Downtown Fund) $2,040,000.00
*Development Fees $5,180,000.00
*General Fund $28,000.00
*Bonds $8,200,000.00
*Total ten-year project funding $58,144,690.00
Mr. Buchanan said that staff recommends approval.
Mayor Kavanagh thanked Mr. Buchanan for his presentation.
Ms. Bender advised that there was one citizen who wished to speak on this agenda item.
Linda Bordow addressed the Council and said that she has just a few questions. She referred to the Street Maintenance
Facility and Improvements and said that is scheduled to be $225,000 and under funding sources for that it says "other
sources" and she just wondered what those are. She also discussed the Fire Station Expansion and noted that she took
a tour of the Fire Station and it is amazing that there is anyone in that building at all. She stated that the facility is s o
small and the conditions are deplorable. She pointed out that the cost of the expansion is $500,000 and the material
says that this will give them the opportunity to use some new technology that will enhance energy savings. She said
that she is wondering if it is mandatory or something that the Town is opting to do. She added that they could save a
couple of hundred thousand dollars not only on the engineering and design of the building but also on the actual
purchase of the materials. She noted that she wants it to be energy efficient but some of the standards that are set out
are a little aggressive.
Mayor Kavanagh said she believes that there is a lot of mold down there as well and Ms. Bordow agreed.
Mr. Mood stated that it does show "other sources" and that was supposed to say "HURF" so the Finance Department
will change that. He stated that as far as the Fire Station Expansion, they just held a 30% design meeting this week
and the project is moving forward. He added that staff is looking at using energy efficiency in the air conditioning
units and if they have to change out appliances. He noted that it is not a LEED Certified building and does not go
overboard on the energy efficiency portion but they did want to take every step possible to be energy efficient.
Councilmember Dickey referred to the IIP part of this and looking at the part that says you can go 20 years ahead it
looks like the only two that are using Development Fees are the pocket parks and the Adero Trailhead. She asked if
this fits in with what Mr. McGuire has to do as far as it being eligible for Development Fees.
Mr. McGuire advised that the IIP portion of this will come back to the Council at a later date once staff identifies those
things that are in the Development Fee Study. He explained that this capital plan is ahead of the schedule so staff will
bring this back and talk about which ones will be in the plan and paid for by Development Fees either partially or fully.
He added that they have a lot of procedural hoops that were put in place by the Legislature a few years ago that they
have to get done to get that adopted.
Councilmember Dickey commented that the renovation could possibly be under that and added that the urban trail gets
into some of the things that Councilmember Hansen was talking about with the sidewalks. She noted that they have a
sidewalk plan in the General Plan as well. She stated that the sidewalks might be a little hard as far as growth but what
about the park and trail aspect of that (using Development Fees). She said she knows that they are not going to be a lot
of money but every little bit is important.
Mr. McGuire advised that one of the things that they need to keep in mind is that Development Fees are only growth
related, particularly the sidewalks because they have to separate out the portions that are related directly to current
deficiencies and he thinks that the adopted Sidewalk Plans have addressed many of the current deficiencies. He noted
that carving and carving and making that number smaller would not make it worthwhile to prove that there are new
growth related impacts, particularly when the sidewalks are in existing neighborhoods. He said that that is the
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challenge and the same thing applies to the Fire Station -- if it is the replacement of existing facilities they have a very
difficult time imposing any new growth but if it is a facility that serves one area and when moved and expanded will
serve a larger area the delta between those two can be Development Fees but only a portion. He said that Fire Station
#3 will certainly have a portion that will be Development Fee funded.
Councilmember Dickey stated that there are a couple of items that she would want to bring up when they discuss this
and they include the alley paving and whether that can be broken up in a way that spends a little bit less this year. She
advised that she would really like to follow what Councilmember Hansen talked about, the sidewalks th at are broken
up/off. She added that she would also like to talk about replacement of the light on Palisades and associated
maintenance costs.
Councilmember Hansen advised that during the Work Study Session a number of the sidewalk items were removed
from the Capital Improvement Plan and in talking amongst themselves they thought it was kind of a fatality that went
along with deleting one of the sidewalks on Fountain Hills Boulevard in kind of an obscure place and maybe some of
the ones Downtown just went to the wayside when some of the other ones were eliminated. She asked whether it was
ever broken down (what it might take). She noted that she knows they at one time there had it identified -- there were
different colored sections of sidewalks identified. She asked for just a ballpark figure on what it would cost to infill
sidewalks.
Mr. Mood replied that two years ago the CIP contained three sidewalk projects, the Fountain Hills Boulevard Sidewalk
Project, which was partially grant funded, the Downtown Sidewalk Project and Town-Wide Sidewalk Projects. He
stated that due to a "funding casualty" all three were removed from the CIP. He added that for the Downto wn
Sidewalks he believes the CIP had roughly $35,000 to $40,000 a year over a 5-year period. He noted that typically
those get put in by the developers when they develop a vacant lot. He said that they made a mad rush at the end of the
year when there was money in there and they did the one by Basha's and the one just past Town Hall. He pointed out
that if it is not a budgeted item they cannot do it or they have to come back to the Council to do a budget transfer later
on.
Councilmember Hansen commented that as Councilmember Dickey said, maybe they could take just a small portion
from one of the other projects to put some of those in mostly on La Montana. She said that is where they see people
walking in the street because the sidewalk ends and they go outside onto the street beside the parked cars.
Mr. Mood responded that he believes that is the place where there is a big elevation difference and it would not be
inexpensive to fix. He stated that he would have to ask the Town Attorney but he believes that would need to be a
motion by the Council to add a project.
Mayor Kavanagh commented that then they would have to figure out how to pay for it.
Councilmember Dickey asked about the light and Palisades and Mr. Mood advised that the light would take place the
same time as the Saguaro project (Fiscal Year 14-15).
Mr. Mood stated that this year they could not do it because if the bond passes they would be starting design this fiscal
year.
Councilmember Dickey questioned whether they could divide the alley paving a little differently.
The Mayor pointed out that they had some sort of a mandate to do it and Mr. Mood said that it was as funds become
available. He added that they could definitely push one out and move some money around but then later on if they
didn't have enough money in the future they would be trying to find money again.
Mr. Buchanan advised that if they are thinking of creating a new project they are going to have to take the money from
someplace or extend something out.
Mayor Kavanagh stated that they would probably have to know in advance how much the sidewalk would cost because
it might be a lot more than just taking a little piece from somewhere else.
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Mr. Mood informed the Council that there are about four or five gaps in t he sidewalks in Downtown area on vacant
lots that have not been developed. He noted that the previous CIP a few years ago he believes had $130,000 to
$150,000 over a five-year period to fill those gaps in.
Councilmember Hansen said "what's another year?"
Councilmember Dickey advised that she wanted to say one more thing as far as applying for grants and said Walkable
Communities and Safe Routes to Schools are grants for sidewalks.
Councilmember Leger noted that they did have a plan for the Downtown -- $30,000 each year over five years and he
thinks that is very doable. He added that alley paving is mandated for the PM -10, which is mitigation and asked if that
applies to the dusty areas that people are walking on. He said obviously not but he doesn't kn ow whether
Councilmember Hansen was planning on making a motion or not but they know what the Downtown plan was and
what it cost, it was filling in gaps and at a cost of $30,000 a year and if they look at the CIP as is they could squeeze
that money out of a few projects.
Mr. Buchanan asked the Council what they would like to do.
Councilmember Yates reminded everyone that the way things are going with the median project if it comes in at even
the most conservative budget they are still going to have a little left over -- several hundred thousand dollars. He
suggested that the Council look at that at a future time as Councilmember Hansen said. He noted that they have a
really good plan before them, it is concise and the Council is all aware of it and h e thinks they should go with what
they've got and put pen to paper and see what the project will cost before they estimate right here, right now. He added
that he thinks they are going to have some other avenues to fund it.
Mayor Kavanagh agreed with Councilmember Yates and said he has presented a good plan. She said she would prefer
that over "cherry picking."
Councilmember Leger said that rather than "cherry picking" they could look at the plan that they have, which is a good
plan. He added that they are talking $30,000 a year and they do have a Downtown Development Fund and they are
using that fund for some projects so rather than taking the money from someplace else they could just add it as a
project in the plan and cost it out from the Downtown Fund at a cost of $25,000 to $30,000 a year.
Councilmember Hansen stated that they could possibly add it into the median project improvements much like the
lights were a component of that. She noted that if the costs c ome in so much better like the two Council construction
gurus say, then it could be added into that project as well.
Councilmember Brown said that he thinks they need to leave the median alone; they have already put tons and tons of
little things through the median. He added that he would have to concur with Councilmember Leger that they take the
money out of the Downtown Development Fund, put a job number beside it and go about it as a separate project (and
not try to ear tag it as an add on to the median).
Councilmember Yates MOVED to approve the proposed Capital Improvement Plan for the 10-year period beginning
July 1st, 2013, as written and Councilmember Brown SECONDED the motion.
Vice Mayor Elkie commented that the budget they have for the relocation of Fire Station #2 is about $2.1 mil lion
dollars and he knows they have had discussion about another location and that contemplated putting it on Shea and
there has been some discussion about Fountain Hills Boulevard. He said that he thinks there may be some funds there
because they thought it was not going to cost $2.1 million for Fountain Hills Boulevard so that might be a possible
revenue source.
The motion CARRIED UNANIMOUSLY (7-0).
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AGENDA ITEM #12 - DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY
ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITIES AND TOWNS WEEKLY LEGISLATIVE
BULLETIN OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE
LEGISLATURE.
Mr. Buchanan discussed the Transaction Privilege Tax (TPT) legislation and advised that it passed out of Ways and
Means and the Mayor said that somehow it ended up in Appropriations. He noted that discussions are about
modifications and a potential amendment at this point in time.
Councilmember Dickey advised that there was an amendment that attempted to make it a little better for cities/towns
and of the eight yes votes in Ways and Means, seven of them mentioned keeping cities/towns whole and other way s
that they would vote yes now but if this provision was still in it later they would not be supporting it. She stated that
she was pretty happy to hear that and there is only one member who said something pretty critical about cities and
everyone else seemed to think that part isn't good.
Councilmember Leger said that he read recently that there was a House Bill re-introduced that would allow firearms in
public buildings and asked whether Mr. McGuire had any information on that.
Mr. McGuire advised that they have not been following that but he does know that the implementation discussions
have sparked up again in Town Hall about how to implement what is being required, the procedures that would have to
be followed and the facilities that would have to be addressed.
Mr. Buchanan informed the Council that he found out about that this morning by chance, he did not know that it had
been introduced so staff is seeking direction from the Council as to whether they want staff to become involved and to
what degree.
Councilmember Leger expressed the opinion that this is something that the Council should vote on. He pointed out
that it has come up in the past and he has had a number of citizens who are very much opposed to this approach him.
He noted that this piece of legislation has some very serious implications. He said that it says that someone carrying a
weapon is "inconvenienced" because they choose to carry a weapon into a public building and said if that is the case
the person could lock the weapon up in their car. He requested that this be followed closely and that the Council be
kept up to date on the proceedings. He noted that the last time this went through the House and then the Governor
vetoed it.
Mayor Kavanagh commented that they have a "no guns" sticker on the window of the building they are in but
technically they are in violation but there are no penalties. She added that she believes they are supposed to have gun
lockers.
Mr. McGuire advised that the requirement is for a secured storage area and right now the official storage area is the
Sheriff's Office because they are in the building. He stated that the indication is that through this bill the secure storage
area would be moved to an outside locker. He said that they can follow the b ill and see where it is in the process and
see what the League's position is and provide the Council with a report.
Mayor Kavanagh asked if that would also apply to the Community Center where there is no Sheriff's Department and
Mr. McGuire replied yes. The Mayor said there is no storage area in that facility.
Mr. McGuire added that it applies to the library too but there is a storage area at the library, which the County
manages.
Mayor Kavanagh noted that the new bill was crafted in response to the fact that governments are supposed to have a
place to store weapons and they don't and there was no penalty associated with non-compliance. She said that this is to
make it a little clearer and if they deny people the right to bring guns into public buildings then they have to provide a
secure area for them to store the weapons.
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AGENDA ITEM #13 - 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 #14 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE TOWN MANAGER KEN BUCHANAN.
None.
AGENDA ITEM #15 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Councilmember Brown SECONDED the motion, which
CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 9:07 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
Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 21st day of February,
2013. I further certify that the meeting was duly called and that a quorum was present.
DATED this 7th day of March, 2013.
_____________________________
Bevelyn J. Bender, Town Clerk