HomeMy WebLinkAbout2016.1006.TCREM.MinutesTOWN OF FOUNTAIN HILLS
MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE
FOUNTAIN HILLS TOWN COUNCIL
OCTOBER 6, 2016
EXECUTIVE SESSION
CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the Executive Session in the Fountain Conference Room - 2nd Floor.
AGENDA ITEM #1- ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO: (1)
Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Nick
DePorter, Councilmember Henry Leger, Councilmember Alan Magazine, Councilmember Cecil Yates,
Councilmember Cassie Hansen, and Councilmember Dennis Brown. Town Manager Grady E. Miller, Town Attorney
Andrew McGuire and Town Clerk Bevelyn Bender were also present.
Councilmember Magazine MOVED to go into Executive Session at 5:45 p.m. and Vice Mayor DePorter
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #2 - ADJOURNMENT.
Mayor Kavanagh adjourned the Executive Session without objection at 5:54 p.m.
REGULAR SESSION
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE
Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Fountain Hills Town Hall Council Chambers.
* INVOCATION - Pastor Adel Resmer, New Journey Lutheran Church.
* ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh,
Vice Mayor Nick DePorter, Councilmember Henry Leger, Councilmember Alan Magazine, Councilmember
Cecil Yates, Councilmember Cassie Hansen and Councilmember Dennis Brown. Town Manager Grady E.
Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present.
* MAYOR'S REPORT
i) THE MAYOR WILL READ A PROCLAMTION DECLARING OCTOBER 2016 AS DOMESTIC
VIOLENCE AWARENESS MONTH IN THE TOWN OF FOUNTAIN HILLS.
Mayor Kavanagh read the proclamation (available on line and in the office of the Town Clerk) declaring October
2016 Domestic Violence Awareness Month in Fountain Hills.
ii) THE MAYOR WILL READ A PROCLAMATION DECLARING OCTOBER 2016 AS FIRE
PREVENTION AWARENESS MONTH IN THE TOWN OF FOUNTAIN HILLS.
Mayor Kavanagh read the proclamation (available on line or in the office of the Town Clerk) declaring October
2016 Fire Prevention Awareness Month in Fountain Hills.
iii) THE MAYOR WILL READ A PROCLAMATION DECLARING OCTOBER 23-31 AS NATIONAL
RED RIBBON WEEK IN THE TOWN OF FOUNTAIN HILLS.
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Mayor Kavanagh read the proclamation (available on line or in the office of the Town Clerk) declaring October
23-31 National Red Ribbon Week in Fountain Hills.
Corporal Hayden Lippincott from the East Valley Young Marines thanked Mayor Kavanagh for the proclamation
and support for Red Ribbon week.
iv) THE MAYOR WILL READ A PROCLAMATION DECLARING OCTOBER 22, 2016 AS MAKE A
DIFFERENCE DAY IN THE TOWN OF FOUNTAIN HILLS.
Mayor Kavanagh read the proclamation (available on line or in the office of the Town Clerk) declaring October
22, 2016 Make a Difference Day in Fountain Hills.
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
i) MAYOR KAVANAGH MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC
DEVELOPMENT.
Mayor Kavanagh stated that she attended the Greater Economic Council meeting to discuss their budget, which
the Town had a small investment, but she felt it was important that she attend to make sure the money was used
wisely.
Mayor Kavanagh noted there was a new endeavor for the Greater Phoenix Economic Council (GPEC) involving
companies dealing with `smart sensors" used in medical devices, computer watches and other such items. She
explained that GPEC wanted to stay ahead of the curve in this technology while researching new locations.
Mayor Kavanagh pointed out that Arizona State University and community partners were promoting curriculum
based around the `smart sensors".
Mayor Kavanagh announced that `Beall's Outlet" had their grand opening with approximately 750 people in
attendance and she wanted to encourage the Town's support for this local business. Mayor Kavanagh also
acknowledged Economic Development Director Scott Cooper for his involvement in the negotiations for new
locations in the Target Plaza for the Dollar Store and Beall's.
CALL TO THE PUBLIC
Carol Carroll the newly elected Chairperson for the Sister Cities Advisory Commission pointed out that Council was
given information regarding on the background on Sister Cities and invited the Mayor and Council to become
members. She also asked Council to join in a fundraiser to support the 24 exchange students visiting in October from
Germany and Poland for a two week visit to Fountain Hills and the Grand Canyon. Ms. Carroll added that the
Commission recently met and elected a chair and their co-chair Beverly Tall and noted an events calendar would be
forthcoming listing future events.
CONSENT AGENDA
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM SEPTEMBER 15, 2016.
AGENDA ITEM #2 - CONSIDERATION OF RESOLUTION 2016-30, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH SALT RIVER PIMA-MARICOPA INDIAN
COMMUNITY RELATING TO PROPOSITION 202 FUNDING.
AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2016-26. APPROVING THE REVISED TOWN
OF FOUNTAIN HILLS 2016-17 PAY PLAN.
AGENDA ITEM #4 — CONSIDERATION OF APPROVING THE FIRST AMENDMENT TO THE
COOPERATIVE PURCHASE AGREEMENT (C2016-181.1) WITH VINCON ENGINEERING
CONSTRUCTION, LLC, FOR ASPHALT CRACK SEALING, IN THE AMOUNT OF $50,000.00 FOR EACH
OF THE NEXT THREE YEARS, FOR A TOTAL NOT TO EXCEED $200,000.00.
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AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 2016-27, APPROVING AN
INTERGOVERNMENTAL AGREEEMENT WITH THE EDUCATION SERVICE CENTER, REGION 20,
KNOWN AS THE PACE PURCHASING COOPERATIVE, TO PURCHASE COMMODITIES OR
SERVICES.
AGENDA ITEM #6 - CONSIDERATION OF APPROVING COOPERATIVE PURCHASE AGREEMENT
C2017-055 WITH COST CONTROL ASSOCIATES FOR REVIEW OF ENERGY AND TELECOM
SERVICES IN AN AMOUNT NOT TO EXCEED 33% OF SAVINGS IDENTIFIED.
AGENDA ITEM #7 - CONSIDERATION OF APPROVING A LIQUOR LICENSE APPLICATION,
SUBMITTED BY ANN MARIA ESPOSITO, AGENT OF MORNINGSTAR SENIOR MANAGEMENT, LLC,
DBA MORNINGSTAR ASSISTED LIVING & MEMORY CARE, LOCATED AT 16800 E. PAUL NORDIN
PARKWAY, FOUNTAIN HILLS, AZ. THIS IS FOR A SERIES 12 LICENSE (RESTAURANT).
AGENDA ITEM #8 - CONSIDERATION OF APPROVING A PERMANENT EXTENSION OF
PREMISES/PATIO PERMIT APPLICATION, SUBMITTED BY HEIDI SUE HAKE, OWNER/AGENT OF
VU TERRANCE CAFE, LOCATED AT 14815 E. SHEA BOULEVARD, SUITES 100-101, FOUNTAIN
HILLS.
AGENDA ITEM #9 - CONSIDERATION OF APPROVING AN APPLICATION FOR AGENT CHANGE
ACQUISITION OF CONTROL -RESTRUCTURE, SUBMITTED BY GWENDOLYN JEAN WALLACE,
AGENT OF COWBOY SPIRITS LLC, DBA SADDLE BRONC GRILL, LOCATED AT 11056 N. SAGUARO
BOULEVARD, FOUNTAIN HILLS, AZ.
AGENDA ITEM #10 - CONSIDERATION OF APPROVING TWO SPECIAL EVENT LIQUOR LICENSE
APPLICATIONS FOR THE VETERANS OF FOREIGN WARS POST #7507 (CARL KRAWCZYK), TO BE
HELD AT SAGUARO BOULEVARD AND AVENUE OF THE FOUNTAINS AND ON N. VERDE RIVER
DRIVE, FOR THE PROMOTION OF A FUND RAISER TO BE HELD IN CONJUNCTION WITH THE
FOUNTAIN HILLS FESTIVAL OF ARTS AND CRAFTS, FROM 9:00 A.M. TO 10:00 P.M., FRIDAY,
NOVEMBER 11, AND SATURDAY, NOVEMBER 12, 2016, AND FROM 10:00 A.M. TO 10:00 P.M. ON
SUNDAY, NOVEMBER 13, 2016.
AGENDA ITEM #11 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLICATION FOR THE AMERICAN LEGION POST 58 (HAROLD DENOMME) FOR THE
PROMOTION OF A FUND RAISER TO BE HELD AT THE AMERICAN LEGION OST, LCOATED AT
16837 PARKVIEW DRIVE, FOUNTAIN HILLS, AZ ON FRIDAY, NOVEMBER 11, THROUGH SUNDAY,
NOVEMBER 13, 2016, FROM 10:00 A.M. TO 10:00 P.M. DAILY.
AGENDA ITEM #12 - CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE
APPLCATION FOR THE ARIZONA SOCIETY OF HOMEBREWERS (KRYSTAL BITTNER) FOR THE
PROMOTION OF A FUND RAISER TO BE HELD ON THE AVENUE OF THE FOUNTAINS, IN
CONJUNCTION WITH THE CRAFT CLASSIC HALF MARATHON AND 5K RUN, ON SUNDAY,
OCTOBER 16, 2016, FROM 7:00 A.M. -1:00 P.M.
AGENDA ITEM #13 - CONSIDERATION OF APPROVING THE FINAL REPLAT OF ADERO CANYON,
PARCEL 8 - AMENDED, IN ORDER TO ADJUST NUMBEROUS LOT LINES DUE TO TOPOGRAPHIC
CONDITIONS. CASE NUMBER 52016-15.
AGENDA ITEM #14 - CONSIDERATION OF APPROVING THE FIRST AMENDMENT TO THE
GEUTHER ELECTRICAL, LLC CONTRACT C2016-128 TO INCREASE THE CONTRACT FROM $29,999
TO $59,999.
AGENDA ITEM #15 - CONSIDERATION OF APPROVING AMENDMENT #2 TO CONTRACT C2012-129
WITH SUNRISE ENGINEERING TO REVISE, UPDATE, AND COMPLETE THE FEDERAL AID DESIGN
AND CONTRACT DOCUMENTS FOR THE FOUNTAIN HILLS BOULEVARD SHOULDER PAVING
PROJECT IN THE AMOUNT OF $19,800.00.
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Councilmember Yates MOVED to approve the Consent Agenda as listed and Vice Mayor DePorter SECONDED the
motion.
A roll call vote was taken with the following results:
Mayor Kavanagh
Aye
Vice Mayor DePorter
Aye
Councilmember Brown
Aye
Councilmember Yates
Aye
Councilmember Hansen
Aye
Councilmember Magazine
Aye
Councilmember Leger
Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
AGENDA ITEM #16 — PUBLIC HEARING REGARDING ENDORSING A BINGO LICENSE
APPLICATION FOR FOUNTAIN HILLS POST 7507, VETERANS OF FOREIGN WARS, LCOATED AT
9624 N. MONTEREY DRIVE FOUNTAIN HILLS AZ 85268.
Mayor Kavanagh stated there would be one staff report for items 16 and 17.
Mayor Kavanagh opened the Public Hearing at 6:49 p.m.
Town Manager Miller introduced Finance Director Craig Rudolphy who presented the staff report on this application.
Mr. Rudolphy explained the Veterans of Foreign Wars (V.F.W.) requested to hold "Bingo Night" the third Saturday of
the month. Mr. Rudolphy pointed out that he had notified Fort McDowell and requested their comments on this
application and he had received no response and so staff supported Council approving the V.F.W.'s request.
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received. Mayor
Kavanagh asked if Council had any questions or comments.
Vice Mayor DePorter asked why Mr. Rudolphy contacted Fort McDowell regarding this request. Mr. Rudolphy
answered that in the past Council had asked if Fort McDowell had been contacted for their input when similar requests
were made. Mr. Miller added that their comments were requested due to similar activities held at the Fort McDowell
Casino.
Mayor Kavanagh closed the Public Hearing at 6:51 p.m.
AGENDA ITEM #17 — CONSIDERATION OF ENDORSING A BINGO LICENSE APPLICATION FOR
FOUNTAIN HILLS POST 7507, VETERANS OF FOREIGN WARS, LOCATED AT 9624 N. MONTERY
DRIVE, FOUNTAIN HILLS, AZ, 85268.
Mayor Kavanagh asked if there was further discussion or questions from Council, otherwise, she requested a motion.
Councilmember Hansen MOVED to approve endorsement of the Bingo License application for the Fountain Hills
Post 7507, Veterans of Foreign Wars by the Mayor and Town Council of the Town of Fountain Hills and
Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #18 — CONSIDERATION OF RESOLUTION 2016-17, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED THE
"TOWN OF FOUNTAIN HILLS NOISE REGULATIONS."
Mayor Kavanagh explained there would be one staff report for items 18 through 21, since they were related.
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Mr. Miller introduced Development Services Director Robert Rodgers who presented the staff report and information
included in a PowerPoint presentation (available on line or in the office of the Town Clerk).
Mr. Rodgers stated that the Planning and Zoning Commission recommended Town Council approve the noise
revisions (voting 3-2), as presented, along with staff recommending approval of Ordinance number 16-10, the noise
related amendments to Section 11-1-7 of the Town Code. Staff also recommended Town Council approve Ordinance
number 16-08, the noise related Zoning Ordinance amendments to Chapters 5 and 18 of the Zoning Ordinance as
presented.
Vice Mayor DePorter asked how the summer and winter month noise levels were determined and Mr. Rodgers
answered daylight hours.
Councilmember Brown expressed his support for the Friday through Sunday yearlong hours as presented, but he stated
his opposition for the proposal of two different times for winter and summer months. Councilmember Brown
suggested winter hours beginning at 5:45 a.m. as a yearly start time so to make it easier to follow. Mr. Rodgers
pointed out that the current ordinance stated sunrise and that time changes almost every day, but expressed his lacked
preference.
Councilmember Magazine asked what the definition of a special event was. Mr. Rodgers answered that a special event
involved a permit issued by the Town. Councilmember Magazine asked for loud voices to be defined and Mr. Rodgers
answered any gathering without a microphone or unamplified and he explained this language was added in an attempt
to reduce the number of complaints if residents were holding a party with no music and he pointed out that the City of
Scottsdale allowed for loud voices in their ordinance. Councilmember Magazine asked if the guidelines had been
reviewed by the Maricopa County Sheriff's Office (MCSO) and Mr. Rodgers answered they had not. Councilmember
Magazine pointed out that Code Enforcement did not work on week -ends so MCSO would be responsible for the
enforcement of the code. Mr. Rodgers agreed.
Town Manager Miller added that he had spoken to MCSO's Captain Letourneau and explained to him that the Town
would purchase decimal meters and provide training for their deputies.
Councilmember Magazine asked Captain Letourneau if he had any concerns with having the available manpower to
respond to complaints. Town Manager Miller stated he understood that noise had not been an issue in Town except for
a few complaints involving the Copperwynd Resort. Captain Letourneau addressed Council and stated that manpower
would not be an issue and added that MCSO would consider if the noise complaint involved being too late, too early or
too loud and they would use their discretion.
Councilmember Yates discussed the previous Planning and Zoning subcommittee who had worked on the noise
ordinance in 2010, noting the names of the people involved in the research, and explained their findings during his
tenure on the Planning and Zoning Commission. Councilmember Yates explained that measuring speech at home was
60 decimals, 55 decimals for bird chirping, 70 decimals regular street traffic or a restaurant. Councilmember Yates
stated he preferred the 85 decimal ranges and pointed out those 85 decimal ranges were also OSHA standards.
Councilmember Yates asked that the proposed 55 decimals at home be changed to 65 decimals and expressed his
support for the other decimal levels as proposed.
Mayor Kavanagh added that she had spoken with Mr. Rodgers and expressed her request to add the schools to the
exemption list since there were ballgames and band practices on a regular basis.
Mayor Kavanagh asked for speaker cards.
Bill Hinz, owner of the Copperwynd Resort and a Fountain Hill's resident, understood this was not about Copperwynd
Resort, but the overall enforcement of a noise ordinance and expressed his support for the ordinance as written. Mr.
Hinz stated that he had hired a sound tech to evaluate how the proposed ordinance would impact the Copperwynd
Resort events. Mr. Hinz explained that the sound tech told him that there would be no negative impact and believed
the ordinance was fair and well written.
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Mike Dickerson of "MD Acoustics" who resided in Gilbert, Arizona, discussed his assessment of the Town's proposed
noise ordinance and the impact to Copperwynd Resort. He also pointed out that a copy of his report was handed out to
Council for their review. Mr. Dickerson supported the two step process and the ordinance overall.
Scott Carpenter, Attorney with Carpenter and Hazelwood Law Firm located in Tempe and Gilbert resident, stated his
client was the Villas at Copperwynd Homeowner's Association. Mr. Carpenter pointed out he understood the
ordinance was not about Copperwynd Resort and he wanted to represent all citizens to achieve an agreement on this
issue. Mr. Carpenter used a sound meter to demonstrate his theory that 85 decimals would be a deafening number and
explained his disagreement with the expert Mr. Dickerson. Mr. Carpenter did not support the two tier testing and was
not effective in measuring decimals with distance. Mr. Carpenter was troubled with the proposed ordinance as
presented.
Mark Sahl, Attorney with Carpenter and Hazelwood Law Firm located in Tempe and Tempe resident, requested
Council review the handout he gave them listing the decimal levels allowed in other Cities and Towns in Arizona and
he pointed out the numbers were sporadic and if this ordinance were to be approved Fountain Hills would be the
loudest municipality in Arizona. Mr. Sahl related Fountain Hills to Paradise Valley and felt Fountain Hills should be
on the same decimal level at 65 maximum. Mr. Sahl also expressed his disagreement for the two tier testing. Mr. Sahl
also pointed out that in Section F of the ordinance concerning truck sound language was not complete or well thought
out and he felt the ordinance needed to be reviewed again by staff and re -tested.
John Kirkeide, full time Arizona resident and part time resident of Fountain Hills, expressed concern with the two tier
measurement and the 85 decimals proposed as too high and 55 decimals as being fairly quiet and would hardly ever be
measured in Fountain Hills and would alternately be tossed out and misleading in the code. Mr. Kirkeide explained his
concern with staff's presentation to the Planning and Zoning Commission and the decimal levels allowed in the Tempe
residential area. Mr. Kirkeide also disagreed with the statement from Mr. Rodgers during the Commission meeting
that this proposed ordinance was as stringent as neighboring Towns. Mr. Kirkeide felt the ordinance was not well
thought out and would hurt Fountain Hill's reputation and property values and requested Council reject the ordinance
as written.
Leslie Kirkeide, full time Arizona resident and part time resident of Fountain Hills noted the EPA guidelines listed an
acceptable decimal level in residential areas as 45 decimals inside and 55 decimals outside and she pointed out that 70
decimals created hearing loss. She added that EPA guidelines listed 65 decimals as acceptable along with the FAA
listing 65 decimals as significant and she questioned if the decimal levels as proposed could result in complaints to the
FAA.
Mayor Kavanagh opened the discussion for Councilmembers who had questions for the public speakers.
Councilmember Magazine asked Mr. Dickerson what events he had tested for noise levels and Mr. Dickerson stated he
had not tested any Copperwynd events, but had been asked to give his opinion. Councilmember Magazine and Mr.
Dickerson discussed the variations of the surrounding locations, the two tier testing system and the acoustic modeling.
Councilmember Magazine asked how Mr. Heiz could support the proposed ordinance when no events had been tested
at Copperwynd and Mr. Dickerson answered that it was a scientific process and then he explained the process in detail.
Councilmember Yates stated that 85 decimals was not an outrageous number and by the Occupational Safety and
Health Administration (OHSA) who was the largest regulatory of sounds listed 85 decimals as their limit.
Councilmember Yates quoted the examples that a television and dishwasher was 75 decimals, a vacuum cleaner 80
decimals and a garbage disposal was 85 decimals and pointed. He also noted that this issue began when there was a
complaint of loud noise at 7:00 p.m. and the need to determine what a valid complaint was. Councilmember Yates
suggested this issue was subjective and that Council approve standards that would protect the business community and
the Town's residents.
Councilmember Leger stressed the need for the noise ordinance to be fair for all and that he supported the proposed
guidelines and that the two-tier testing was an issue for him due to the many variables in Fountain Hills. Mr. Rodgers
explained that the ordinance was written to deal with the high decimal level complaints and the ordinance would be
used along with the "Disturbing the Peace Ordinance" by MCSO.
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Councilmember Leger stated he disagreed with the proposed two tier testing since both distance and noise levels must
be in violation to be addressed and he asked Mr. Rodgers what was the rational for raising the decimal levels higher
than the Town's current noise ordinance noting the highest level at 79 decimals was higher than comparable
municipalities. Councilmember Leger mentioned that people moved to Fountain Hills for a quiet, peaceful, desert
setting and he expressed the need to find balance and questioned if this ordinance addressed that balance.
Councilmember Leger also asked how this policy would work on the Avenue involving the newly approved multi -use
development and their noise level determination. Councilmember Leger felt this ordinance was well structured, but it
still raised a lot of questions. He expressed his support to lower the 85 decimals to 75 decimals and 75 decimals to 65
decimals and he questioned the two tiers testing that he felt was flawed. Mr. Rodgers answered a complaint from a
resident living in an apartment over a business would involve a measurement from the outside of the business and then
another in the complainants apartment with a determination then made. Councilmember Leger suggested that if this
noise ordinance was passed as written by Council, clarification of the process should be reviewed with MCSO
personnel involving the Town's entertainment district. When Mr. Rodgers acknowledged that he could not explain the
rational in determining the noise levels that were decided by the Planning and Zoning subcommittee or the acoustic
specialists.
Councilmember Brown explained that he lived within 330 feet of Plaza Fountainside and was able to hear noise from
the outside venues and he suggested a work study because he could not make a recommendation on what was best for
the Town. He also requested the noise ordinance agenda items "Tabled" and then brought back to Council after more
investigation and a better understanding of the two tier testing system.
Mayor Kavanagh said she understood many in Fountain Hills had the same issue with this ordinance due to the
variables in the surrounding areas and noises that travel. Mayor Kavanagh noted her experiences with sounds from the
high school and found if she did not want to hear the noise she closed her windows, turned up the television because
she would not tell the school to eliminate their daily bells or announcements nor stop the band from practicing at 6:00
a.m.
Councilmember Hansen stated she felt this ordinance was premature and that the Council needed more information
due to the proposed increase of the noise levels that were higher than other surrounding municipalities.
Councilmember Hansen said she was not prepared to act on this issue at this time and pointed out the need for hard
data by testing sounds at future events in Fountain Hills as reference.
Councilmember Leger stated that certain business owners such as nursing homes in the area should be concerned with
the proposed noise levels. Councilmember Leger was okay further studying the issue but and he could accept the
proposed ordinance if some of the decimal levels were lowered and the two tier testing was eliminated.
Councilmember Leger expressed his appreciation to everyone involved with the proposed noise ordinance.
Vice Mayor DePorter felt the decimal levels were appropriate based on the research and presentation and he agreed
with Councilmember Leger that the two tier testing system should allow for either part of the testing created a noise
violation.
Councilmember Magazine questioned why Fountain Hills would be the highest in the state and pointed out this was a
hard issue and that everyone involved did a great job. Councilmember Magazine questioned why the decimal limits
should be higher than surrounding municipalities and agreed to the work study. He indicated he would vote for lower
decimal levels.
Councilmember Brown asked Mr. Dickerson due to the expense of purchasing a $14,000 sound meter, could a meter
be rented. Mr. Dickerson recommended "PCB Electronics" who manufactured the Larson/Davis sound meter type 2;
he believed the company would be willing to work with the Town.
Mayor Kavanagh asked if Town employees could use the equipment or would it take expertise. Mr. Dickerson
explained that employees could learn how to use the meters with the help of a one page manual. He added that Peoria,
Paradise Valley and Phoenix all used the Larson/Davis sound meter and it could be used during a live event to
determine noise levels. Councilmember Brown expressed that this information could give Council the knowledge to
make an intelligent decision on acceptable noise levels.
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Councilmember Brown MOVED to table this agenda item to a later date and Councilmember Hansen SECONDED
the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #19 — CONSIDERATION OF ORDINANCE 16-10, ADOPTING THE "TOWN OF
FOUNTAIN HILLS NOISE REGULATIONS" BY REFERENCE AND AMENDING THE TOWN OF
FOUNTAIN HILLS TOWN CODE CHAPTER 11 SECTION 11-1-7 BY REVISING PROVISIONS
RELATED TO NOISE VIOLATIONS.
Councilmember Magazine MOVED to table this agenda item to a later date and Councilmember Hansen
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #20 — PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 16-08,
AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE CHAPTER 5 SECTION 5.19
AND CHAPTER 18, SECTION 18.06, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS.
CASE NUMBER Z2016-05.
Mayor Kavanagh opened the Public Hearing at 8:01 p.m.
Town Attorney McGuire explained Ordinance 16-08 was related to the other noise agenda items that were "tabled"
and stated that at this point Council had two competing provisions in the Town Code with two paragraphs that were
judgment based with actual decimal levels set-up in the Zoning Ordinance referred in two different sections. Town
Attorney McGuire recommended to keeping the Zoning Ordinance "status quo' until Council decided on Town Code
Section 11-1-7 and that the Council table this agenda item.
Mayor Kavanagh asked if there were any speaker cards.
Mike Dickerson wanted Council to know that his noise level test performed in Council Chambers was performed in-
doors in a reflective surface using a meter that was for outdoor measurements and became problematic as a simple test.
Scott Carpenter expressed that he felt it insulting that it took an expensive piece of equipment or an expert to tell
someone if a noise was too loud.
Mayor Kavanagh closed the Public Hearing at 8:05 p.m.
AGENDA ITEM #21 — CONSIDERATION OF ORDINANCE 16-08, AMENDING THE TOWN OF
FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, SECTION 5.19, AND CHAPTER 18, SECTION
18.06, BY REVISING PROVISIONS RELATED TO NOISE VIOLATIONS. CASE NUMBER Z2016-05.
Mayor Kavanagh asked if Council had any questions or comments. Vice Mayor DePorter pointed out how much
sound traveled.
Councilmember Magazine MOVED to table this agenda item to a later date and Councilmember Hansen
SECONDED the motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #22 — PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 16-04,
AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHPATER 12 — COMMERCIAL
ZONNG DISTRICTS, REALTED TO OUTDOOR ENTERTAINMENT, ADDING A NEW CHAPTER 25,
ENTERTAINMENT OVERLAY DISTRICT, AND AMENDING THE OFFICIAL ZONING DISTRICT MAP.
CASE NUMBER Z2016-02.
Mayor Kavanagh opened the Public Hearing at 8:08 p.m.
Town Manager Miller introduced Development Services Director Robert Rodgers who presented the staff report and
information included in a PowerPoint presentation (available on line or in the office of the Town Clerk).
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Mr. Rodgers stated that the Planning and Zoning Commission voted unanimously to forward a recommendation to
Town Council to approve and noted that staff's recommendation was for Council to approve Ordinance number 16-04,
amending the Zoning Ordinance Chapter 12.
Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received.
Mayor Kavanagh closed the Public Hearing at 8:11 p.m.
AGENDA ITEM #23 — CONSIDERATION OF ORDINANCE 16-04, AMENDING THE TOWN OF
FOUNTAIN HILLS ZONING ORDINANCE, CHPATER 12 — COMMERCIAL ZONING DISTRICTS,
RELATED TO OUTDOOR ENTERTAINMENT, AND ADDING A NEW CHAPTER 25, ENTERTAINMENT
OVERLAY DISTRICT, AND AMENDING THE OFFICIAL ZONING DISTRICT MAP. CASE NUMBER
Z2016-02.
Mayor Kavanagh asked if there was further discussion or questions from Council.
Councilmember Leger asked if this ordinance would be applicable to the Entertainment District until a new standard
was approved. Mr. Rodgers agreed that it would and added that the section in the Town Code would also apply.
Mayor Kavanagh asked if there was further discussion or questions from Council, otherwise, she requested a motion.
Councilmember Yates MOVED to approve Ordinance number 16-04, related to the Downtown Entertainment Overlay
Zoning District regulations and Zoning Map amendments, as presented and Councilmember Brown SECONDED the
motion, which CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #24 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER
Mayor Kavanagh asked Council if there were any requests.
Councilmember Magazine asked what was the next step involving the noise ordinance and Mayor Kavanagh stated
that Mr. Miller knew that Council was interested in information on renting a sound meter and she wanted to stress the
importance of beginning this process as soon as possible due to the nice weather and windows being opened during
this time.
Councilmember Yates referred to the information given to Council regarding prior events list held in Fountain Hills
and expressed the need to also test around Town during business activities to determine base measurements.
Councilmember Magazine asked Town Manager Miller if there were any other suggestions he could make to help with
Council's decision and Town Manager Miller stated that he would meet with Mr. Rodgers to discuss the two tier
testing system and the proposed decimal ranges so to determine a number between what was currently proposed.
Town Manager Miller also suggested that the Town would rent sound measurement equipment and test an event at
Copperwynd as a field test only.
Mayor Kavanagh requested hard evidence for any future ordinance proposals.
Mr. Rodgers added that the problem with other municipalities was the exemptions they had in their area such as
airports and trains, which Fountain Hills did not have to deal with.
Councilmember Magazine asked that staff measure more than events such as a crowd of people for reference. Mayor
Kavanagh agreed that a base -line was important and similar to levels collected by the original committee.
Councilmember Yates mentioned that sitting on the sidewalk on the corner of Saguaro Boulevard and El Lago
Boulevard the sound meter calculated 75 decimals and that was without any music or loud noises.
AGENDA ITEM #25 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES
BY THE MAYOR. INDIVIDUAL COUNCILMEMBERS. AND THE TOWN MANAGER.
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Mayor Kavanagh stated that the Fountain Hills Booster's had a new president John White and noted that Mr. White
suggested the Town partner with the school in joint activates and she agreed, so she joined the Booster's for their first
pre -football game tail -gating party along with joining them for "Red Ribbon Day" Mayor Kavanagh noted the "Ballet
Under the Stars" was a huge success for the Town with the park full of residents and visitors and she congratulated
Rachael Goodwin and Grace Guetter for their participation while covering the Fountain Hills Town Booth by handing
out surveys, glow -sticks to the kids and "Experience Fountain Hill's" bracelets to promote the Town.
Mayor Kavanagh expressed that the "October Fest" was a great event and that she had opened the event by tapping the
keg and she pointed out the music provided was from both the Town's Sister Cities. Mayor Kavanagh also mentioned
the fun and informative tour of the Fire Station by the Mayor's Youth Council where they tried on protective fire gear
and toured the fire house. She wanted to thank Fire Chief Dave Ott for arranging the tour; they all appreciated the
firemen who participated and gave the students a great time. Mayor Kavanagh noted there was an opening at the State
Capital Museum by master artist Chris Hogg from Taipel, Taiwan where she was a speaker representing Fountain
Hills. She also represented District 23 since Senator John Kavanagh could not attend. Mr. Hogg's paintings were of
endangered animal species and she mentioned school groups had attended the opening.
AGENDA ITEM #26 - ADJOURNMENT
Councilmember Yates MOVED to adjourn the meeting and Vice Mayor DePorter SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 8:21 p.m.
TOWN OF FOUNTAIN HILLS
:AP
ATTEST AND
PREPARED BY:
Bevelyn J. Bender, Town Clerk
CERTIFICATION
Linda M. Kavanagh, Mayor
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive Session, held in
the Fountain Conference Room — 2nd Floor and Regular Session held by the Town Council of Fountain Hills in the
Town Hall Council Chambers on the 6th day of October, 2016. 1 further certify that the meeting was duly called and
that a quorum was present.
DATED this 20th day of October, 2016.
Bevelyn J. Bender, Town Clerk
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