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Home My WebLink About011509PZ:\Council Packets\2009\R1-15-09\Agenda 1-15-09.doc Last printed 1/12/2009 1:57 PM Page 1 of 4 NOTICE OF ADMINISTRATIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:45 P.M. - ADMINISTRATIVE SESSION 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, JANUARY 15, 2008 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Jay T. Schlum Councilmember Mike Archambault Councilmember Cassie Hansen Councilmember Dennis Contino Vice Mayor Henry Leger Councilmember Ginny Dickey Councilmember Keith McMahan Z:\Council Packets\2009\R1-15-09\Agenda 1-15-09.doc Last printed 1/12/2009 1:57 PM Page 2 of 4 ADMINISTRATIVE SESSION AGENDA ALL ADMINISTRATIVE SESSION ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of administrative session meetings is to provide the Town Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. CALL TO ORDER ROLL CALL – Mayor Schlum 1.) DISCUSSION of a proposed ON CALL policy for traffic signal technicians. 2.) DISCUSSION of ALTERNATIVES regarding non-customer downtown parking on La Montana Drive. 3.) ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum INVOCATION – Pastor Don Lawrence, Christ’s Church of Fountain Hills ROLL CALL – Mayor Schlum MAYOR’S REPORT (i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Presentation by El Salvador’s Honorary Consul Enrique Melendez regarding the status of the country, the Fountain Hills Rotary Club donation, the Mayo Clinic and Scottsdale Health Care visit, and objectives under El Salvador’s new government following their March 2009 election. (ii) Mayor Schlum to read a proclamation recognizing Kate Zanon’s service to the Town of Fountain Hills. (iii) Mayor Schlum to read a proclamation declaring January 29, 2009, Pony Express Day. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. Z:\Council Packets\2009\R1-15-09\Agenda 1-15-09.doc Last printed 1/12/2009 1:57 PM Page 3 of 4 CONSENT AGENDA 1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from December 15 and 18, 2008. 2.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Richard Jones (American Legion Post 58) for the purpose of a fundraising event, located at 16837 E. Parkview Avenue Fountain Hills, AZ, scheduled to be held on February 20 and 21, 2009, from 9:00 a.m. to 11:59 p.m. and on February 22, 2009, from 10:00 a.m. to 11:59 p.m. 3.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Richard Jones (American Legion Post 58) for the purpose of a Pony Express fundraising event, located at 16837 E. Parkview Ave. Fountain Hills, AZ, scheduled to be held on January 23, 2009, from 9:00 a.m. to 11:59 p.m. 4.) CONSIDERATION of a FINAL REPLAT of property located at 15821 E. Ocotillo Drive (Plat 604D, Block 6, Lots 5 & 6), in order to combine the two lots into one lot. Case #S2008-10 REGULAR AGENDA 5.) CONSIDERATION of a possible ALTERNATIVE LOCATION for the previously donated and accepted sculpture titled “Freedom”. 6.) CONSIDERATION of a TEMPORARY USE PERMIT for the Town Center Merchants Group for Repeating Outdoor Retail Sales Events for 2009. (TU2008-10). 7.) CONSIDERATION of a SPECIAL EVENT APPLICATION for the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire sponsored by The Fountain Hills Downtown Business Community scheduled to be held on Avenue of the Fountains March 20, 2009, through March 22, 2009 and will require closure of Avenue of the Fountains, north side only, between Saguaro Boulevard and La Montana Drive. 8.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE application submitted by DownTown Business Community (Jim Heasley) for sponsoring the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire scheduled to be held on Avenue of the Fountains, which is scheduled for March 20 – March 22, 2009, from 10:00 a.m. to 5:00 p.m. 9.) CONSIDERATION of A WINE FESTIVAL LICENSE/WINE FAIR LICENSE application submitted by Dennis Minchella (Kokopelli Winery) for participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire to be held on Avenue of the Fountains, which is scheduled for March 20 – March 22, 2009, from 10:00 a.m. to 5:00 p.m. 10.) CONSIDERATION of a WINE FESTIVAL LICENSE/WINE FAIR LICENSE application submitted by Eric Glomski (Page Springs Cellars) for participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire to be held on Avenue of the Fountains, which is scheduled for March 20 – March 22, 2009, from 10:00 a.m. to 5:00 p.m. 11.) CONSIDERATION of a SPECIAL EVENT APPLICATION for the Great Fair sponsored by the Fountain Hills Chamber of Commerce to be held February 20 through February 22, 2009 and will require closure of parts of Avenue of the Fountains, Parkview Avenue, Verde River Drive and Saguaro Boulevard. 12.) CONSIDERATION of two (2) SPECIAL EVENT LIQUOR LICENSE applications submitted by Bruce Thulien (VFW Post 7507) as a component in the Fountain Hills Chamber of Commerce’s Great Fair Special Event by sponsoring two beer gardens for the Z:\Council Packets\2009\R1-15-09\Agenda 1-15-09.doc Last printed 1/12/2009 1:57 PM Page 4 of 4 purpose of fundraising. One beer garden will be located at (i) the intersection of Saguaro Boulevard and Avenue of the Fountains with the other beer garden located at (ii) Saguaro Boulevard and Palisades Boulevard. The two beer gardens are scheduled to be held February 20 - 21, 2009, from 9:00 a.m. to 10:00 p.m.; February 22, 2009, from 10:00 a.m. to 10:00 p.m. 13.) PUBLIC HEARING to receive comments on ORDINANCE 09-01, amending Chapter 8, Outdoor Lighting Controls relating to the general requirements and prohibitions. 14.) CONSIDERATION of ORDINANCE 09-01, amending Chapter 8, Outdoor Lighting Controls relating to the general requirements and prohibitions. 15.) QUARTERLY REPORT by the Town Manager on the progress of implementing COUNCIL’S GOALS for FY2008-09. 16.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. None. 17.) SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 18.) ADJOURNMENT DATED this 8th day of January, 2009 Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. Z:\Council Packets\2009\R1-15-09\Agenda 1-15-09.doc Last printed 1/12/2009 1:57 PM Page 1 of 4 NOTICE OF ADMINISTRATIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:45 P.M. - ADMINISTRATIVE SESSION 6:30 P.M. - REGULAR SESSION WHEN: THURSDAY, JANUARY 15, 2008 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Jay T. Schlum Councilmember Mike Archambault Councilmember Cassie Hansen Councilmember Dennis Contino Vice Mayor Henry Leger Councilmember Ginny Dickey Councilmember Keith McMahan Z:\Council Packets\2009\R1-15-09\Agenda 1-15-09.doc Last printed 1/12/2009 1:57 PM Page 2 of 4 ADMINISTRATIVE SESSION AGENDA ALL ADMINISTRATIVE SESSION ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of administrative session meetings is to provide the Town Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. CALL TO ORDER ROLL CALL – Mayor Schlum 1.) DISCUSSION of a proposed ON CALL policy for traffic signal technicians. 2.) DISCUSSION of ALTERNATIVES regarding non-customer downtown parking on La Montana Drive. 3.) ADJOURNMENT. REGULAR SESSION AGENDA CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum INVOCATION – Pastor Don Lawrence, Christ’s Church of Fountain Hills ROLL CALL – Mayor Schlum MAYOR’S REPORT (i) None. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS (i) Presentation by El Salvador’s Honorary Consul Enrique Melendez regarding the status of the country, the Fountain Hills Rotary Club donation, the Mayo Clinic and Scottsdale Health Care visit, and objectives under El Salvador’s new government following their March 2009 election. (ii) Mayor Schlum to read a proclamation recognizing Kate Zanon’s service to the Town of Fountain Hills. (iii) Mayor Schlum to read a proclamation declaring January 29, 2009, Pony Express Day. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. Z:\Council Packets\2009\R1-15-09\Agenda 1-15-09.doc Last printed 1/12/2009 1:57 PM Page 3 of 4 CONSENT AGENDA 1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from December 15 and 18, 2008. 2.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Richard Jones (American Legion Post 58) for the purpose of a fundraising event, located at 16837 E. Parkview Avenue Fountain Hills, AZ, scheduled to be held on February 20 and 21, 2009, from 9:00 a.m. to 11:59 p.m. and on February 22, 2009, from 10:00 a.m. to 11:59 p.m. 3.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Richard Jones (American Legion Post 58) for the purpose of a Pony Express fundraising event, located at 16837 E. Parkview Ave. Fountain Hills, AZ, scheduled to be held on January 23, 2009, from 9:00 a.m. to 11:59 p.m. 4.) CONSIDERATION of a FINAL REPLAT of property located at 15821 E. Ocotillo Drive (Plat 604D, Block 6, Lots 5 & 6), in order to combine the two lots into one lot. Case #S2008-10 REGULAR AGENDA 5.) CONSIDERATION of a possible ALTERNATIVE LOCATION for the previously donated and accepted sculpture titled “Freedom”. 6.) CONSIDERATION of a TEMPORARY USE PERMIT for the Town Center Merchants Group for Repeating Outdoor Retail Sales Events for 2009. (TU2008-10). 7.) CONSIDERATION of a SPECIAL EVENT APPLICATION for the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire sponsored by The Fountain Hills Downtown Business Community scheduled to be held on Avenue of the Fountains March 20, 2009, through March 22, 2009 and will require closure of Avenue of the Fountains, north side only, between Saguaro Boulevard and La Montana Drive. 8.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE application submitted by DownTown Business Community (Jim Heasley) for sponsoring the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire scheduled to be held on Avenue of the Fountains, which is scheduled for March 20 – March 22, 2009, from 10:00 a.m. to 5:00 p.m. 9.) CONSIDERATION of A WINE FESTIVAL LICENSE/WINE FAIR LICENSE application submitted by Dennis Minchella (Kokopelli Winery) for participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire to be held on Avenue of the Fountains, which is scheduled for March 20 – March 22, 2009, from 10:00 a.m. to 5:00 p.m. 10.) CONSIDERATION of a WINE FESTIVAL LICENSE/WINE FAIR LICENSE application submitted by Eric Glomski (Page Springs Cellars) for participation in the Thunderbird Artist’s Annual Fountain Hills Fine Art and Wine Affaire to be held on Avenue of the Fountains, which is scheduled for March 20 – March 22, 2009, from 10:00 a.m. to 5:00 p.m. 11.) CONSIDERATION of a SPECIAL EVENT APPLICATION for the Great Fair sponsored by the Fountain Hills Chamber of Commerce to be held February 20 through February 22, 2009 and will require closure of parts of Avenue of the Fountains, Parkview Avenue, Verde River Drive and Saguaro Boulevard. 12.) CONSIDERATION of two (2) SPECIAL EVENT LIQUOR LICENSE applications submitted by Bruce Thulien (VFW Post 7507) as a component in the Fountain Hills Chamber of Commerce’s Great Fair Special Event by sponsoring two beer gardens for the Z:\Council Packets\2009\R1-15-09\Agenda 1-15-09.doc Last printed 1/12/2009 1:57 PM Page 4 of 4 purpose of fundraising. One beer garden will be located at (i) the intersection of Saguaro Boulevard and Avenue of the Fountains with the other beer garden located at (ii) Saguaro Boulevard and Palisades Boulevard. The two beer gardens are scheduled to be held February 20 - 21, 2009, from 9:00 a.m. to 10:00 p.m.; February 22, 2009, from 10:00 a.m. to 10:00 p.m. 13.) PUBLIC HEARING to receive comments on ORDINANCE 09-01, amending Chapter 8, Outdoor Lighting Controls relating to the general requirements and prohibitions. 14.) CONSIDERATION of ORDINANCE 09-01, amending Chapter 8, Outdoor Lighting Controls relating to the general requirements and prohibitions. 15.) QUARTERLY REPORT by the Town Manager on the progress of implementing COUNCIL’S GOALS for FY2008-09. 16.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. None. 17.) SUMMARY of COUNCIL REQUESTS and REPORT ON RECENT ACTIVITIES by the Town Manager. 18.) ADJOURNMENT DATED this 8th day of January, 2009 Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. z:\council packets\2009\r1-15-09\american legion pony express fundraiser\aaf am legion post 58 pony express special event liquor license.docx Page 1 of 1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date: 1/15/2009 Meeting Type: Regular Agenda Type: Consent Submitting Department: Administration Staff Contact Information: Bevelyn J. Bender, 480-816-5115, bbender@fh.az.gov Strategic Priority: Not applicable Council Goal: Not applicable REQUEST TO COUNCIL: CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by Richard Jones (American Legion Post 58) for the purpose of a Pony Express fundraising event, located at 16837 E. Parkview Ave. Fountain Hills, AZ, scheduled to be held on January 23, 2009, from 9:00 a.m. to 11:59 p.m. Applicant: Richard Jones (American Legion Post No. 58) Applicant Contact Information: 480-837-5958 Property Location: 16837 E. Park View Avenue, Fountain Hills, AZ Related Ordinance, Policy or Guiding Principle: A.R.S. §4-203.02; 4-244; 4-261 and R19-1-228, R19-1-235, and R19-1-309 Staff Summary (background): The purpose of this item is to obtain Council's recommendation regarding a special event liquor license application submitted by Richard Jones (on behalf of the American Legion Post No. 58) for submission to the Arizona Department of Liquor. The special event liquor license application was reviewed by staff for compliance with Town ordinances and staff unanimously recommends approval of this special event liquor license application as submitted. Risk Analysis (options or alternatives with implications): NA Fiscal Impact (initial and ongoing costs; budget status): NA Budget Reference (page number): NA Recommendation(s) by Board(s) or Commission(s): NA Staff Recommendation(s): Approve Attachment(s): Special Event Liquor License application and map, and staffs' recommendations SUGGESTED MOTION: Move to approve the consent agenda. Submitted and Approved by: Bevelyn J. Bender, Town Clerk 1/12/2009 Approved: _________________________________________ Richard L. Davis, Town Manager Date Z:\Council Packets\2009\R1-15-09\American Legion Pony Express Fundraiser\Departmental recommendation form.doc Page 1 of 1 TOWN OF FOUNTAIN HILLS OFFICE OF TOWN CLERK INTER OFFICE MEMO TO (as applicable): 1) Building Safety 2) Fire Department 3) Law Enforcement 4) Licensing 5) Parks and Recreation 6) Planning and Zoning 7) Public Works DATE: January 12, 2009 FROM: Bevelyn J. Bender, Town Clerk RE:Special Event Liquor License Application Attached is an Application for a Special Event Liquor License Application for review for American Legion Post 58 located at 16837 E. Parkview Ave., FH, AZ. Please review the application and electronically return the departmental recommendation no later than 4 p.m. on January 13, 2009, indicating staff’s recommendation for approval (with or without stipulations) or denial in the space below and return this form to the Town Clerk. If staff’s recommendation is to deny or there are stipulations for approval, please attach a memo that specifies the reasoning and the memo will be forwarded on to the Town Council for their consideration of this application. Applicant: Richard Jones for American Legion Post 58 Date(s) of Event: January 23, 2009 Date Application Received: 1/12/09 Town Council Agenda Date: 1/15/09 STAFF REVIEW AND RECOMMENDATION: *Attach report for denial or any recommendation requiring stipulations. Name of staff who reviewed application Public Works Approved T. Ward Fire Department Approved R Roberts Building Department Approved pj Parks and Recreation N/A Planning & Zoning Approved Bob Rodgers Law Enforcement Approved Deputy E. Haarala #1157 Licensing N/A Does the business have a current business license? Fill In Business License # Effective period to Does the business name match database? Fill In Do owners and/or officers listed on the application match the database? Fill In Does the mailing match the database? Fill In Does the business address match the database? Fill In 918033.3 ORDINANCE NO. 09-01 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 8, OUTDOOR LIGHTING CONTROL, RELATING TO THE GENERAL REQUIREMENTS AND PROHIBITIONS. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) adopted Ordinance No. 93-22, which adopted the Zoning Ordinance for the Town of Fountain Hills (the “Zoning Ordinance”); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 8, Outdoor Lighting Control, to allow the use of compact fluorescent bulbs in outdoor applications; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, as amended, public hearings regarding this ordinance were advertised in the November 26, 2008 and December 17, 2008 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on December 11, 2008, and by the Town Council on January 15, 2009. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Zoning Ordinance, Chapter 8, Outdoor Lighting Control Section 8.03 (B), General Requirements, Requirements for Shielding, is amended as follows: Requirements for Shielding/Filtration Must be Filtering Fixture Lamp Type Shielded Recommended Low pressure sodium1 Partially None High pressure sodium Fully None Metal halide2 Fully Yes Fluorescent Fully3 Yes4 Quartz5 Fully None Incandescent greater than 150w Fully None COMPACT FLUORESCENT GREATER THAN 52w FULLY NONE Incandescent 75w to 150w Partially None COMPACT FLUORESCENT 18w TO 52w PARTIALLY YES4 Incandescent less than 75w None None COMPACT FLUORESCENT LESS THAN 18w NONE YES4 Fossil fuel None None 918033.3 2 Glass tubes filled with neon, argon, and krypton: None None Other sources As approved by the zoning administrator 1 This is the preferred light source to minimize undesirable light into the night sky affecting astronomical observations. 2 Metal halide lamps shall be in enclosed luminaries. See also Section 8.04.F. 3 Outdoor advertising signs of the type constructed of translucent materials and wholly illuminated from within do not require shielding. 4 Warm white and natural lamps are preferred to minimize detrimental effects. 5 For the purposes of this division, a quartz lamp shall not be considered an incandescent light source. 6 Recommended for existing fixtures. See also Section 8.04.G. SECTION 2. That the Zoning Ordinance, Chapter 8, Outdoor Lighting Control Section 8.04 (C), Prohibitions, Outdoor Building or Landscaping Illumination, is amended as follows The unshielded outdoor illumination of any building, landscaping, signing or other purpose, is prohibited except with incandescent fixtures drawing less than seventy-five (75) watts OR WITH COMPACT FLUORESCENT FIXTURES DRAWING NO MORE THAN EIGHTEEN (18) WATTS. The combined outdoor unshielded lighting shall not exceed seventy-five (75) watts with incandescent fixtures OR EIGHTEEN (18) WATTS WHEN USING COMPACT FLUORESCENT FIXTURES within a 25 foot radius after 11:00 p.m. All illumination shall be so arranged as not to shine upon or reflect onto adjoining properties. SECTION 3. That if any provision or any portion of any provision of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, January 15, 2009. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jay T. Schlum, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Richard L. Davis, Town Manager Andrew J. McGuire, Town Attorney