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HomeMy WebLinkAbout2013.1017.TCRM.Minutesz:\council packets\2013\r131107\131017m.docx Page 1 of 7 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL OCTOBER 17, 2013 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Town Hall Council Chambers. * 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, Councilmember Leger, Councilmember Brown, Councilmember Dickey, Vice Mayor Elkie, Councilmember Yates and Councilmember Hansen. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. * MAYOR’S REPORT i) The Mayor may review recent events attended relating to economic development. Mayor Kavanagh stated that it was an honor for her to be invited to the opening of the Special Sister Cities Exhibits, which included a ribbon cutting ceremony for art donated by the Sister City of Taipei, Taiwan. She said that she was asked to give greeting remarks to the Taipei delegation and help cut the ribbon. She advised that she talked about Fountain Hills and how wonderful the Sister Cities program is. She added that as Mayor she always has the privilege to welcome exchange students from the other countries. She stated that afterwards she spoke with the artist and learned that he loves Fountain Hills and had come to Town to visit the Fountain. She said that he also complimented the Town on its outstanding art collection. She advised that she loves taking every opportunity to talk about Fountain Hills and the more she does that, the more people want to visit the Town. She added that she is pretty sure that the Town Sister Cities' organization is going to receive a call from the Chairwoman of the Sister Cities Taiwan branch. She added that the talks also help a lot with economic development, which is one of her personal endeavors. The Mayor discussed her economic development efforts and her appointment to the MAG Economic Development Board and said this will greatly benefit the Town of Fountain Hills. ii) Rotation of the Vice Mayor position to Councilmember Cassie Hansen, pursuant to Fountain Hills Town Code, Section 2-2-2, which requires every elected Councilmember to serve as Vice Mayor during the member's elected term. Mayor Kavanagh announced that in accordance with the Fountain Hills Town Code, Section 2-2-2, Councilmember Cassie Hansen will now serve in the capacity of Vice Mayor. The Mayor congratulated her on her appointment to this position. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS None. CALL TO THE PUBLIC None. z:\council packets\2013\r131107\131017m.docx Page 2 of 7 CONSENT AGENDA Mayor Kavanagh stated that she decided to make a change to how Consent Agenda items are handled at meetings and noted that the full agenda is posted one week prior to the Council meetings and is available on line as well as at various Town locations. She added that copies are also available at the back of the Council Chambers for everyone attending the meeting. She further stated that anyone who has an item on the Consent Agenda are notified by the Town when the item will be on the agenda so they can be sure to be in attendance if they so wish. The Mayor advised that with all the technology available these days, she decided to go back to the way it was done in the past and the way most of the cities and towns handle this item -- to just accept the item as listed without reading each of them out loud at every meeting (there is no discussion on the items anyway). She stated that most of the audience members attend to speak on items on the Regular Agenda and this will allow them to proceed in a more timely manner to those items of interest. She noted that any item can still be requested to be taken off of the Consent Agenda prior to the meeting and placed on the Regular Agenda for discussion and if that occurs, she will announce the change at the start of the meetings. AGENDA ITEM #1 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION SUBMITTED BY NANCY ANN SINKULE, OWNER/AGENT OF MOJO'S GOURMET PIZZA & SALAD BAR LLC LOCATED AT 16726 EAST EL PUEBLO BOULEVARD, SUITE B, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE (RESTAURANT). AGENDA ITEM #2 – CONSIDERATION OF APPROVING A PERMANENT EXTENSION OF PREMISE LIQUOR LICENSE APPLICATION SUBMITTED BY JUAN GONZALEZ TORRES DBA FHI ES D NOS LLC DBA SENOR TACO, 13525 N. FOUNTAIN HILLS BLVD., SUITE 101, FOUNTAIN HILLS, AZ 85368. AGENDA ITEM #3 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY ALONZO SHATTUCK, REPRESENTING THE VETERANS OF FOREIGN WARS, POST #7507, FOR THE PURPOSE OF A FUNDRAISER. THE EVENT IS SCHEDULED FOR FRIDAY-SUNDAY, NOVEMBER 8-10, 2013, FROM 9:00 A.M.-10:0 P.M. ON SAGUARO BLVD., IN CONJUNCTION WITH THE FOUNTAIN FESTIVAL OF ARTS AND CRAFTS. AGENDA ITEM #4 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY ALONZO SHATTUCK, REPRESENTING THE VETERANS OF FOREIGN WARS, POST #7507, FOR THE PURPOSE OF A FUNDRAINER. THE EVENT IS SCHEDULED FOR FRIDAY-SUNDAY, FEBRUARY 21-23, 2014, FROM 9:00 A.M.-10:00 P.M., ON SAGUARO BLVD., IN CONNECTION WITH THE GREAT FAIR. AGENDA ITEM #5 - CONSIDERATION OF APPROVING A CONTRACT WITH PAC VAN, INC., IN THE AMOUNTOF $135,207.00, FOR A MODULAR UNIT THAT WILL REPLACE THE CURRENT TRAILER AT THE STREET YARD. AGENDA ITEM #6 - CONSIDERATION OF APPROVING RESOLUTION 2013-50, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE SOUTHWESTERLY PROPERTY LINE OF PLAT 303, BLOCK 1, LOT 5 (17306 E. BRANTLEY DRIVE) AS RECORDED IN BOOK 147 OF MAPS, PAGE 4, RECORDS OF MARICOPA COUNTY, ARIZONA. EA2013-11 (FOY/GROSS) Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Brown SECONDED the motion. There were no citizens wishing to speak on these agenda items. z:\council packets\2013\r131107\131017m.docx Page 3 of 7 A roll call vote was taken as follows: Councilmember Dickey Aye Councilmember Elkie Aye Councilmember Leger Aye Vice Mayor Hansen Aye Councilmember Yates Aye Councilmember Brown Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY (7-0). In response to a question from Councilmember Brown, Town Clerk Bevelyn Bender advised that she had sent out a couple of e-mails advising the Council that the October 3rd minutes would not be on the agenda for approval since the transcriptionist was out of town. REGULAR AGENDA AGENDA ITEM #7 - CONSIDERATION OF APPOINTING FOUR CITIZENS TO THE PUBLIC SAFETY ADVISORY COMMISSION, EACH TO SERVE A 2-YEAR TERM BEGINNING NOVEMBER 1, 2013, AND ENDING NOVEMBER 1, 2015. Mayor Kavanagh MOVED to appoint Lyle Edwards, Howie Jones, Lawrence Cole and Walt Franklin to the Public Safety Advisory Commission, each to serve a 2-year term beginning November 1, 2013 and ending November 1, 2015 (and she provided background information on the proposed appointees) and Councilmember Yates SECONDED the motion. There were no citizens wishing to speak on this agenda item. The motion CARRIED UNANIMOUSLY (7-0). The Mayor thanked the appointees for their willingness to serve the Town. AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 2013-22, DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS FILED WITH THE TOWN CLERK AND ENTITLED THE "2012 INTERNATIONAL BUILDING CODE," THE "2012 INTERNATIONAL MECHANICAL CODE," THE 2011 NATIONAL ELECTRICAL CODE," THE "2012 INTERNATIONAL SWIMMING POOL AND SPA CODE," THE "2012 INTERNATIONAL ENERGY CONSERVATION CODE," THE 2012 INTERNATIONAL FIRE CODE," THE "2012 INTERNATIONAL RESIDENTIAL CODE," THE "2012 INTERNATIONAL FUEL GAS CODE," THE "2012 INTERNATIONAL PLUMBING CODE," AND THE "FOUNTAIN HILLS AMENDMENTS TO THE 2012 INTERNATIONAL BUILDING CODE, THE 2012 INTERNATIONAL RESIDENTIAL CODE, THE 2012 INTERNATIONAL ENERGY CONSERVATION CODE AND THE 2012 INTERNATIONAL FIRE CODE." There were no citizens wishing to speak on this agenda item. Vice Mayor Hansen MOVED to approve declaring the above listed documents as public records and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). z:\council packets\2013\r131107\131017m.docx Page 4 of 7 AGENDA ITEM #9 - CONSIDERATION OF ORDINANCE 13-06, ADOPTING BY REFERENCE THE "2012 INTERNATIONAL BUILDING CODE," THE "2012 INTERNATIONAL MECHANICAL CODE," THE 2011 NATIONAL ELECTRICAL CODE," THE "2012 INTERNATIONAL SWIMMING POOL AND SPA CODE," THE "2012 INTERNATIONAL ENERGY CONSERVATION CODE," THE "2012 INTERNATIONAL FIRE CODE," THE "2012 INTERNATIONAL RESIDENTIAL CODE," THE "2012 INTERNATIONAL FUEL GAS CODE," THE "2012 INTERNATIONAL PLUMBING CODE, AND THE "FOUNTAIN HILLS AMENDMENTS TO THE 2012 INTERNATIONAL BUILDING CODE, THE 2012 INTERNATIONAL RESIDENTIAL CODE, THE 2012 INTERNATIONAL ENERGY CONSERVATION CODE AND THE 2012 INTERNATIONAL FIRE CODE;" AND AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS RELATING TO THE CODIFICATION OF SAME. Councilmember Brown advised that the Council received a letter from the Fountain Hills Licensed Contractors’ Association (available on line and in the office of the Town Clerk) requesting them to remove the 2012 Energy Code from this vote and he agrees that they should. He complimented the Association for standing up and holding up their hand and saying they would like to have some time to go through this and help it meet Fountain Hills needs and not just a "one size fits all." He indicated his intention to discuss a l ittle of what they have discovered (what the Association has pointed out). He explained that the Energy Code has broken America down into 7 Zones (Zone 1 in Florida, Zone 2 in Georgia, Florida, Alabama, Mississippi, Louisiana, Texas and portions of Arizona). He pointed out that all of the other locations, except for the portions of Arizona, are located in or near coastal areas and have coastal weather. He advised that the minimum regulation in Zone 2 calls for R-13 insulation on the outside walls and for the last and ever since he has been building (1999) they have been using R-19 in the State of Arizona. He said he doubts anyone would use R-13 but if this is adopted as is, R-13 would be allowed. He stated that this is only one of the items associated with the "one size fits all" that needs to be looked at so they can make the code better -- the intent is not to reduce the energy or the environmental impact, it is to enhance it. He advised that the Contractor's Association is standing up and asking to work with staff and look this over. He added that during the time this would be off the shelf, the Town would continue to use the 2006 Energy Code which seems to be working quite well for the time being. He said that they have asked for a 12-month period in which to review the code and then they will bring their recommendations forward for Council consideration. Mayor Kavanagh thanked Councilmember Brown for his comments. Town Manager Ken Buchanan addressed the Council and highlighted a brief PowerPoint presentation (available on line and in the office of the Town Clerk). He discussed the following points: * What Are Building Codes? * Who Develops Building Codes? * What IBC Building Codes Are Being Amended for Fountain Hills * Significant Code Changes to the various Codes Mr. Buchanan informed the Council that he recommends approval of the 2012 IBC Codes with Amendments, except for the 2012 Energy Code (remain with the 2006 Code until the Association brings back their recommendations). He added that pertinent staff is present in the audience to address any questions that the Council may have. Mayor Kavanagh thanked Mr. Buchanan for his presentation. Town Clerk Bev Bender stated that two citizens wished to speak to the Council regarding this item. Linda Bordow addressed the Council and posed some questions relative to the Code -- Are these designed for new construction only? Do all homeowners need to comply and if so discuss retrofitting, if it's in a remodel, she would assume that the area pertaining to that code would have to brought into compliance with that code but, if so, that could produce a domino effect and how will the codes impact the sale of homes (older homes would not be up to code)? She also referred to the following code sections and said they are of concern to her and she has questions pertaining to them and wants to know if everyone would have to comply: z:\council packets\2013\r131107\131017m.docx Page 5 of 7 Page 297 Dryer Ducts Page 299 Fireplace Accessories Page 308 Hot Water Supply Page 321 Carbon Monoxide Monitors Page 334 75% of Fixtures Must be High Efficiency Page 335 HVAC System Mayor Kavanagh thanked Ms. Bordow for her comments and advised that Mark Cook, President of the Fountain Hills Licensed Contractor's Association is present in the audience if anyone has any additional questions for him. Philip Blackerby addressed the Council and said he is an associate member of the Fountain Hills Licensed Contractor's Association and noted that John Bercel wrote the letter and he should be congratulated for that. He informed the Council that the Contractors are not recommending that an Energy Coe not be adopted -- their discussion centered around the fact that the Energy Code might be very important for the Town but there are a lot of forms that the Code could take and, as pointed out by Councilmember Brown, there are a couple of provisions in the Energy Code that just did not make sense for the desert environment that surrounds Fountain Hills. He added that the Contractor's Association wants to participate by looking at the various codes in considerable detail and submitting some recommendations back to the Council to adopt an Energy Code. He further stated that this is not an attempt to undo an Energy Code; it is an attempt to make the Energy Code make more sense for Fountain Hills. He indicated his willingness to respond to any questions from the Council. Mayor Kavanagh thanked Mr. Blackerby for his comments. The Mayor said that it seems a lot of the questions dealt with remodeling and whether the Code would apply to new construction only. She asked if Councilmember Brown could respond to some of the questions. Councilmember Brown stated that when someone remodels a home, there will be a certain percentage that has to be remodeled before the sprinklers are required (he would need to ask Building staff the percentage). He added there is also a certain percentage that would have to be done before they would be required to upgrade other areas of the house. He noted that it is not clearly spelled out in the Building Code but each town is a little different when it comes to remodeling. He advised that if someone tore an entire house down and left just one wall standing it is a remodel but you can bet that it will have to be built back to the current Code. He explained that you don't have to upgrade anything at all in their homes just because the Code has changed -- if someone has a house that was built in 1979 and they decide to sell it, the inspector that inspects the home is required to inspect it in accordance with the 1979 Code and it is a huge problem in the real estate industry because they invariably will write that the GFI isn't working, etc. and in 1979 we didn't have GFIs. He reiterated that the remodeling aspect of it has very little effect. He stated that people will not be asked to increase the length of their dryer vents as long as they can use it -- 35 feet would be the total length and of course the elbows have to be added it, etc. He advised that if someone is going to cool a garage with a swamp cooler or an air conditioner, they cannot cool any other room besides the garage (a safety factor). He confirmed that they do have to have their own breaker for most air conditioning units but some of the newer units, running off of a 110 circuit, are probably very soon going to be able to just be plugged into the wall. Councilmember Brown stated that carbon monoxide monitors will not be required until the 2012 Code and he thinks they should be required -- they are a safety factor that are not expensive to put in (simple to change out a smoke detector for a carbon monoxide unit). He added that the developed length for the hot water line is for efficiency purposes. Jason Fields, the Town's Chief Building Official, addressed the Council and said that if 50% or more of the house is remodeled, sprinklers would be required but the Building Code will only apply to that area that is remodeled (not the rest of the house). He added that the Code does not require retrofitting and it applies to new construction and they have consolidated all of the Codes into one book. Councilmember Dickey asked if there were changes in 2009 and Mr. Fields responded yes, but they were minor and not worth spending $1,500 on for the required three sets (especially during that difficult economic time). He explained that that is why they did not adopt the 2009 Codes. z:\council packets\2013\r131107\131017m.docx Page 6 of 7 Councilmember Dickey asked if there could be any ramifications or penalty associated with not adopting them and Mr. Fields replied that the Town has not had its ISO evaluation yet and when they do the evaluation they may take a hit, drop a point. He said that the next cycle will be in 2015. Councilmember Dickey commented that the report stated that one of the reasons to do this is so that the Town will be the same as other cities but other cities have adapted these to their own benefit, what works for them, so she asked if there was anything that would benefit or not benefit the Town if they were different from Scottsdale for example. Mr. Fields responded that they are so close to Scottsdale that they have contractors that do business in both and that going from a 2006 Code to a 2012 Code makes the transition that much easier. He added that Fountain Hills is unique and has the ability to adopt regulations that pertain to this community, like the Hillside Ordinance. Councilmember Dickey stated that she just wants to be sure that they aren't doing something that will hurt them but she is hearing that it would be fine to do what is being discussed. Mr. Field said he doesn't see any harm to the Town as a result of adopting the Codes and waiting for the Contractor's Association to evaluate them and make recommendations. He added that in his opinion it will be a benefit. Mayor Kavanagh commented on the tabling the ICC Section, the Energy portion, and that won't stop anyone who wants to do it (the upgrades) -- if a builder or a homeowner wants to do it they can and Mr. Field concurred. He stated that the Code doesn't prohibit anyone from going above and beyond what is called for currently. Vice Mayor Hansen expressed her appreciation to the Contract or's Association for their input and willingness to review the Code over the next 12 months. She said that she is comfortable moving forward as recommended. In response to a question from Councilmember Dickey, Fire Chief Randy Roberts advised that the proposal will not drastically impact the time it takes for the department to perform their inspections ; Assistant Fire Chief Dave Ott agreed and said that the inspections are fast and efficient. Chief Roberts clarified that when they apply the 50% rule for remodels, owners are required to retrofit the entire home for fire sprinklers. Mayor Kavanagh thanked Chief Roberts for his input. Councilmember Brown displayed copies of the different Code books from 2003 up to 2012 and noted the drastic increase in size and content (more than double what they had in 2003). He said they are really going to be safe. He reiterated his appreciation to the Contractor's Association for stepping up. Councilmember Yates clarified that the Codes would only kick in for small businesses, etc. if there was a change of use. Mayor Kavanagh expressed appreciation to Councilmember Brown for his work in this important area and the Contractor's Association for their contributions. Councilmember Brown MOVED to approve Resolution 2013-22, and Ordinance 13-06 after the removal of the Energy Code from the Resolution and the Ordinance and that portion will be reviewed in 12 months and Vice Mayor Hansen SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #10 - 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. z:\council packets\2013\r131107\131017m.docx Page 7 of 7 AGENDA ITEM #11 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER KEN BUCHANAN. None. Councilmember Elkie congratulated Captain Joe Rodriguez on his 20 years of service with the Maricopa County Sheriff's Office. AGENDA ITEM #12 - ADJOURNMENT Councilmember Elkie MOVED to adjourn the meeting and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:10 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 Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 17th day of October, 2013. I further certify that the meeting was duly called and that a quorum was present. DATED this 7th day of November, 2013. _____________________________ Bevelyn J. Bender, Town Clerk