Loading...
HomeMy WebLinkAbout2016.1103.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 3, 2016 EXECUTIVE SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the Executive Session to order in the Fountain Hills Town Hall Fountain Conference Room 2nd Floor. AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. & 38-431.03(A)(3), FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY (SPECIAFICALLY, REGARDING AMENDMENTS TO ZONING ORDINANCE). 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, and Councilmember Dennis Brown. Also present were Town Manager Grady E. Miller, Town Attorney Andrew McGuire, Development Services Director Robert Rodgers and Interim Town Clerk Nancy Walter. Councilmember Yates MOVED to go into Executive Session at 5:30 p.m. and Vice Mayor DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (6-0), by those present. Councilmember Cassie Hansen arrived at 5:35 p.m. AGENDA ITEM #2 - ADJOURNMENT. The Mayor Kavanagh adjourned the Executive Session without objection at 6:18 p.m. REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:35 p.m. in the Fountain Hills Town Hall Council Chambers. * INVOCATION: Mojan Talaei, member of the Baha'i Faith Community. * ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Nick DePorter, Councilmember Dennis Brown, Councilmember Cecil Yates, Councilmember Cassie Hansen, Councilmember Alan Magazine and Councilmember Henry Leger. Town Manager Grady E. Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. * MAYOR'S REPORT None. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) MAYOR KAVANAGH MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. Mayor Kavanagh reported on the MAG Regional Council meeting and that she was introduced to the Motorcycle Safety and Awareness Foundation who worked with the Governor's office to promote safety and awareness while z:Acouncil packets\2016\r161117\161103m.docx Page 1 of 12 riding motorcycles by offering classes and scholarships for those who could not afford to pay to attend and who were newer riders as well as older ones getting back on the road. Mayor Kavanagh stated that in the past she had explained the EPA process and mentioned that the state was cited in violation due to dust storms. She explained that recently one of the monitors had malfunctioned and based on the other monitors the state was in compliance. Mayor Kavanagh continued that unfortunately the EPA would not accept that there had been a malfunction of equipment and would not allow MAG and the ADEQ to submit the additional information even though a letter from our Governor was submitted along with the findings. Vice Mayor DePorter shared that the company he worked for had introduced a micro-pilot project to recruit and train 12 opportunity youth between the ages of 17 and 24, who were not in school and give them an opportunity to be certified in various network certifications along with 90 days of on the job training at local area employers with 50% of the costs paid by "Workforce Investment Act" funding. Councilmember Yates stated he attended the grand opening of the "MorningStar" and was told the project was ahead of their leasing schedule. ii) PRESENTATION OF THE FINANCIAL AUDIT REPORTS, INCLUDING THE COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), FOR THE YEAR ENDED JUNE 30, 2016, BY JENNIFER SHIELDS PARTNER HEINFELD MEECH & CO. P.C. Town Manager Miller explained that each year the Town hired an independent audit firm to review the Town's finances; a process required by State Law and noted it was also good practice. He noted that a published report and management letter was received noting any issues found in the audit. Town Manager Miller introduced Jennifer Shields, partner with Heinfield, Meech and Company. P.C. along with Joshua Jumper the audit manager who reviewed their findings and shared pertinent information in their report (available on-line or in the Office of the Town Clerk). Town Manager Miller added that the auditors were working for Council and not staff. Ms. Shields thanked staff for their time researching and providing the information necessary to complete the audit and stated the audit was considered unmodified, the best the Town could accomplish. Ms. Shields explained there was no disagreement with Management about accounting practices; no uncorrected miss-statements; no difficulties encountered during the audit and that only one new accounting pronouncement was called out and in their opinion was not significant in the financial statements implemented in the Town's investments as "Fair Value Measurements" and in terms of accounting estimates on Capital Assets and an adjustment in the accounting procedure in Building Safety. Councilmember Yates thanked both of them for the information and asked if they could identify any trends that the Town should consider. Ms. Shields answered that she would have to defer the question to either Mr. Rudolphy or Town Manager Miller. Councilmember Yates asked since the Town was a non-profit, where were they in the cycle on the digressional assets such as Town Hall. Ms. Shields explained there were no provisions in governmental accounting that allowed for the auditor's to say "write —up or down" the value of the land or building assets. Mayor Kavanagh asked if there were any further questions for the auditor's and none were asked. Mayor Kavanagh and Council expressed their appreciation and the excellent report. iii) QUARTERLY BUDGET REPORT PRESENTED BY THE FINANCE DIRECTOR FOR THE FIRST QUARTER YEAR ENDING SEPTEMBER 2016. Town Manager Miller introduced Finance Director Craig Rudolphy who explained the Town's quarterly budget report. Mr. Rudolphy stated the report would cover the current year's budget on how the Town stood for the last three months of the current fiscal year and he discussed the information included a PowerPoint presentation (available on-line or in the office of the Town Clerk). Mr. Rudolphy explained that the Town's accounting system for budgeting purposes had the ability, but lacked staff time, to adequately allocate revenues and expenses appropriately throughout the year so they were only allowed the provision to take 1/12 of each month. Mr. Rudolphy added that some months more expenses and/or revenues were generated than others. z:Acouncil packets\2016\r161117\161103m.docx Page 2 of 12 Mr. Rudolphy stated that the Town was only at 87% of local sales tax in the Operating Fund as projected. Councilmember Yates asked if that was 87% of the annual budget or as of this date. Mr. Rudolphy answered this was projected at this time and if it was annual the Town would be way ahead. Mayor Kavanagh asked if Council had any questions. Councilmember Yates asked why there was an expected increase in the expenditures under the Community Services Department and Mr. Rudolphy stated due to additional programs being added along with grant expenditures from Fort McDowell and Salt River Project that were included and increased the available funding available for the Department. Councilmember Magazine asked Mr. Rudolphy if he could rough estimate the difference between expenses and revenues in the next fiscal year. Mr. Rudolphy answered there would be an approximate $500,000.00 shortfall in the fiscal year 2017-18. Mayor Kavanagh and Councilmembers complimented Mr. Rudolphy on his presentation and report. CALL TO THE PUBLIC Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received. 10117ef oleo llT"Iet7_1 AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM OCTOBER 20, 2016. AGENDA ITEM #2 - CONSIDERATION OF APPROVING CONTRACT C2017-066 WITH THE GARDEN GNOME, LLC DBA THE POND GNOME, IN THE AMOUNT OF $99,729.00, FOR EMERGENCY REPAIRS AND PUMP REPLACEMENT FOR THE WATER FEATURE LOCATED AT THE NORTHEAST CORNER OF SHEA BOULEVARD AND PALISADES BOULEVARD. AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 2016-32, APPROVING AN ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT WITH THE STATE OF ARIZONA TO PURCHASE COMMODITIES OR SERVICES. AGENDA ITEM #4 — CONSIDERATION OF APPROVING A SPECIAL EVENT LIQUOR LICENSE APPLICATION FOR THE KIWANIS CLUB OF SUNSET FOUNTAIN HILLS (MARGARET ZIEFERT) FOR THE PROMOTION OF A FUNDRAISER TO BE HELD ALONG THE AVENUE OF THE FOUNTAINS, IN CONJUNCTION WITH THE FOUNTAIN HILLS ART AND WINE AFFAIRS, FROM 10:00 A.M. TO 5:00 P.M. DAILY, FROM FRIDAY, MARCH 24 THROUGH SUNDAY, MARCH 26, 2017. AGENDA ITEM #5 — CONSIDERATION OF RESOLUTION 2016-35, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE "NO VEHICULAR ACCESS" EASEMENT AT A PORTION OF THE STREET SIDE OF PLAT 203, BLOCK 9, LOT 1, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 149 OF MAPS, PAGE 29. AGENDA ITEM #6 - CONSIDERATION OF APPROVING BUDGET TRANSFERS OF $4,076.14 FOR THE PROP. 202 FORT MCDOWELL YAVAPAI NATION GRANT AWARD TO THE TOURISM FUND (TOURAD) AND FOR $5,000.00 FOR THE PROP 202 SALT RIVER PIMA INDIAN COUMMUNITY GRANT AWARD TO THE TOURISM FUND FROM THE SPECIAL REVENUE FUND. Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember Yates SECONDED the motion. z:Acouncil packets\2016\r161117\161103m.docx Page 3 of 12 A roll call vote was taken with the following results: Vice Mayor DePorter Aye Councilmember Magazine Aye Councilmember Leger Aye Councilmember Hansen Aye Councilmember Yates Aye Councilmember Brown Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA FIT" 04017.w"M E:IrMN4113 .IJ1=1701TOW02KI] 0WR 011 I ` ffM 111111:ZLITO] I I VA DIMM 11MI 11 ATA W ZE 111 y STRATEGIC PLANNING ADVISORY COMMISSION FOR A TWO-YEAR TERM BEGINNING ON NOVEMBER 6, 2016 AND ENDING ON NOVEMBER 5, 2018. Mayor Kavanagh explained that this commission was made up of all volunteers who gave a lot of their time and she expressed her appreciation. Mayor Kavanagh asked for any Council discussion. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received. Mayor Kavanagh MOVED to appoint Tammy Bell, Gerald Bisceglia, Peter Bordow and John Craft to serve on the Strategic Planning Advisory Commission for a two-year term beginning on November 6, 2016 and ending on November 5, 2018 and Vice Mayor DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #8 — CONSIDERATION OF RESOLUTION 2016-28, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED, "THE NOVEMBER 3, 2016 ZONING ORDINANCE AMENDMENTS RELATING TO SITE PLAN APPROVAL". Town Manager Miller introduced the Director of Development Services Robert Rodgers who gave the report Mr. Rodgers presented one report covering Resolution 2016-28 and Ordinance 15-11 and agenda items 8, 9, 10 (copies are available on-line or in the Office of the Town Clerk). Mr. Rodgers stated this was a series of text amendments to the Zoning Ordinance reorganizing sixteen separate sections from seven different chapters of the zoning ordinance that related to the submittal, review and approval requirements for site plan approval. Mr. Rodgers added that the reorganization would also allow administrative staff to review and approve new commercial industrial, mixed-use, and multi -family site plans that fully comply with ordinance requirements and allow for a quicker turnaround of applications with the assurance that all zoning requirements were met prior to any site plan approval. Mr. Rodgers added that this reorganization further allowed staff to approve the Site Plan without the need for public hearings before the Planning and Zoning Commission and/or Town Council and should the site plan be denied administrative approval, applicants would be provided with a two-part appeal process allowing an appeal of the denial to the Planning and Zoning Commission and should that appeal fail, the applicant may further appeal the denial to the Town Council. Mr. Rodgers explained that the PUD process would be eliminated and largely superseded by the PAD process, and the Concept Plan approval process would become an administrative action and re-identified as Site Plan review. Mr. Rodgers added that the applications for Special Use Permits, PAD's or Re -Zonings would still follow the public hearing process that was currently used. Mr. Rodgers stated that the Planning and Zoning Commission voted to forward a recommendation that Town Council approve Ordinance #16-11, as presented by staff. Mayor Kavanagh asked if there were any questions from Council for Mr. Rodgers. z:Acouncil packets\2016\r161117\161103m.docx Page 4 of 12 Councilmember Yates expressed his concerns regarding a possible commercial building speculated and the designated on and off site parking requirements. Mr. Rodgers answered there would be no change to the policy except that the developer would have to specify that they would meet the parking requirements. Councilmember Yates wondered conceptually if a commercial building was questionable on how many parking spaces would be involved how this type of issue would be addressed. Mr. Rodgers answered that currently all spaces on site would have to be identified and the parking requirements met as previously required and he added if 99.9% of the parking requirements were met, staff could add stipulations for total compliance. Mr. Rodgers expressed that if the stipulations were not met the Town would have the right to deny the project. Mayor Kavanagh asked if there were further questions from Council. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received for agenda item number 8. Mayor Kavanagh asked for a motion. Councilmember Leger MOVED to approve Resolution 2016-28 as presented and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7 - 0). AGENDA ITEM #9 — PUBLIC HEARING REGARDING ORDINANCE 16-11, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE, CHAPTERS 2 (PROCEDURES), 12 (COMMERCIAL ZONING DISTRICTS), 13 (INDUSTRIAL ZONING DISTRICTS), 17 (WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS), 18 (TOWN CENTER COMMERCIAL ZONING DISTRICT), 19 (ARCHITECTURAL REVIEW GUIDELINES), AND 23 (PLANNED AREA DEVELOPMENT DISTRICT) BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT KNOWN AS "THE NOVEMBER 3, 2016, ZONING ORDINANCE AMENDMENTS RELATING TO ADMINISTRATIVE SITE PLAN APPROVAL." CASE NUMBER 2016-07. Mayor Kavanagh opened the Public Hearing at 7:15 p.m. Mayor Kavanagh asked if there were any further questions or comments from Council. Vice Mayor DePorter stated he heard four key words in Mr. Rodger's presentation and those were consolidation, streamline, clean-up and easier to understand. Vice Mayor expressed his appreciation and thanked staff for all their work. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received. Mayor Kavanagh closed the Public Hearing at 7:17 p.m. AGENDA ITEM #10 — CONSIDERATION OF ORDINANCE 16-11, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE, CHPATERS 2 (PROCEDURES), 12 (COMMERCIAL ZONING DISTRICTS), 13 (INDUSTRIAL ZONING DISTRICTS), 17 (WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS), 18 (TOWN CENTER COMMERCIAL ZONING DISTRICT), 19 (ARCHITECTURAL REVIEW GUIDELINES), AND 23 (PLANNED AREA DEVELOPMENT DISTRICT) BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT KNOWN AS "THE NOVEMBER 3, 2016, ZONING ORDINANCE AMENDMENTS RELATING TO ADMINISTRATIVE SITE PLAN APPROVAL." CASE NUMBER 2016-07. Mayor Kavanagh asked if there were any further discussion or questions from Council, otherwise, she requested a motion. Councilmember Leger MOVED to approve Ordinance #16-11, a series of text amendments to the Fountain Hills Zoning Ordinance that would allow the consolidation and reorganization of multiple ordinance sections, and to z:Acouncil packets\2016\r161117\161103m.docx Page 5 of 12 authorize the administrative review and approval of commercial, industrial, mixed-use, and multi -family site plans as presented and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (7-0), AGENDA ITEM #11 — CONSIDERATION OF RESOULTION 2016-22, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "TOWN OF FOUNTAIN HILLS ZONING ORDINANCE AMENDMENTS RELATING TO OUTDOOR LIGHTING NOVEMBER 3, 2016. Mayor Kavanagh stated that one staff report would be presented for agenda items 11, 12 and 13. Town Manager Miller introduced Development Services Director Robert Rodgers who gave the staff report. Mr. Rodgers explained that updates to the Fountain Hills Outdoor Lighting Ordinance (Zoning Ordinance Chapter 8) as an effort to update the terminology and measurement standards. Mr. Rodgers listed the proposed text amendments as follows: The adoption of updated conversion information between Watts and Lumens. Adopting definitions for updated terms used in the ordinance. Measuring the maximum levels of allowable light in lumens rather than in watts. Adopting standards for shielding based on initial lumens rather than watts. Setting the maximum level of a light's Correlated Color Temperature at 3,000 Kelvin. Prohibits light trespass. Provides for holiday lighting exemptions. Provides for municipal use and emergency exemptions. Allows exemptions for permitted special events. Mr. Rodgers added that staff had worked with the "Dark Sky" Committee who recommended amendments for inclusion in the revised ordinance and staff agreed to include and recommended many of the amendments proposed by the group but noted that some of their recommendations potentially were detrimental to the local business community. Mr. Rodgers noted that staff and the Dark Sky group both understood and agree that the lumen density cap provision in the existing Site Plan submittal requirement for new commercial construction proposed provided a photometric plan that would be easily enforced and also satisfied the Dark Sky certification requirement. Mr. Rodgers also discussed the exemption of municipal lighting from this ordinance for practical as well as public safety reasons and added that staff did not know how to enforce this provision against the Town and recommended that this could be adopted as a Council policy rather than adopting it as another unenforceable ordinance. Mr. Rodgers pointed out the adoption of the proposed ordinance amendments would update the current outdoor lighting standards and be in line with current technologies and would bring the Town closer to dark Sky certification. Mr. Rodgers stated that the Planning and Zoning Commission voted to recommend Town Council approve the proposed Outdoor Lighting Zoning Ordinance text amendments as presented by staff. Mayor Kavanagh asked what exactly did the Planning and Zoning Commission recommend. Mr. Rodgers answered they recommended the proposed ordinance without the Town municipal lighting amendment being included. Mayor Kavanagh inquired where the lumen density cap requirement was located in the ordinance and did the Planning and Zoning Commission discussed the recommended change. Mr. Rodgers answered the requirement was moved to the application procedures and the Commission did discuss this issue at great length. Mayor Kavanagh asked if the listed additional recommendations from the Dark Sky group were included in the listed nine revised ordinances. Mr. Rodgers stated that Planning and Zoning recommended not to include those in the general ordinance and could possibly be held in the requirements for new construction proposal. Councilmember Yates noted that currently the Town's ordinance was under the threshold for a certified Dark Sky community and wanted to know what benefits would the Town received if they received this certification. Mr. Rodgers did not know and added that the Town either met all the Dark Sky requirements or they did not. z:Acouncil packets\2016\r161117\161103m.docx Page 6 of 12 Councilmember Yates expressed his concerns on the proposed amount of lumens allowed per acre and if the acre was divided into different lots and certain businesses needed additional lighting over and above allowed would that eliminate a business from opening in Town. Mr. Rodgers explained that staff addressed this issue and agreed that this issue would be addressed under the new construction process when reviewing a lighting plan submittal. Councilmember Yates asked if the ordinance would be an all or nothing in compliance and Mr. Rodgers answered that was his understanding. Mayor Kavanagh expressed concern about adding another layer of regulations and questioned how the ordinance could be enforced. Mr. Rodgers expressed thus the reason for moving the requirement to the new construction review as staff could review a proposed lighting plan. Councilmember Kavanagh expressed that after the initial approval was given on a lighting plan and if later the lighting was changed she saw no way to address or enforce the ordinance and she understood the enforcement would be complaint driven with the Town lacking the staffing to address current or new lighting. Councilmember Hansen noted that the Target Plaza was in compliance and wonder if other retail businesses would need more lighting than Target. Councilmember Yates expressed his concerns that different retail had their own guidelines on required lighting. Councilmember Hansen expressed she did not see that happening in Fountain Hills. Councilmember Yates felt the Target parking lot was somewhat dark and he noted that Tractor Supply was also in compliance. Mayor Kavanagh expressed that possibly car dealerships would need more lighting, such as those businesses on Saguaro Boulevard, for more security; Mr. Rodgers added that the current car dealership on Saguaro Boulevard installed their lighting approximately one-year ago and was in compliance under the current ordinance. Mayor Kavanagh supported the technological update in the ordinance, but she still had concerns with the density cap on an acre and with the statement that this ordinance could not be enforced. Councilmember Hansen requested to vote on Resolution 2016-22 declaring it as a public record and then open the Public Hearing allowing the public to speak. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received. Mayor Kavanagh asked if there was further discussion or questions from Council, otherwise, she requested a motion. Councilmember Hansen MOVED to approve Resolution 2016-22, declaring as a public record that certain document filed with the Town Clerk and entitled the "Town of Fountain Hills, Outdoor Lighting Zoning Code Amendments, 2016" and Councilmember Leger SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #12 — PUBLIC HEARING OF ORDINANCE 16-03, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE, CHAPTERS 1 (INTRODUCTION), 6 (SIGN REGULATIONS), AND 8 (OUTDOOR LIGHTING CONTROL) BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT KNOWN AS THE "TOWN OF FOUNTAIN HILLS ZONING ORDINACE AMENDMENTS RELATING TO OUTDOOR LIGHTING, NOVEMBER 3,2016." CASE NUMBER Z2016-01. Mayor Kavanagh opened the Public Hearing at 7:36 p.m. Mayor Kavanagh asked if Council had any questions or comments. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered there were seven and one (Tina Gleisner) choose not to speak, but noted on her card that she supported the proposed ordinance. Joe Bill, a 30 year Fountain Hills resident, representing nine people and a member of the Dark Sky committee explained that the committee had worked for the betterment of the community and acknowledge Jerry and Jackie Miles, Jay Schlum, Dr. along with Craig Gimbel who donated the telescope to the Library and who helped them win a national award, Ted Blank who was a NASA Solar System Ambassador and also supported the Astronomy Club, Bob Wilson who helped launch the Astronomy Club and Dr. Paul McElligott who was an Arizona Science Teacher of the z:Acouncil packets\2016\r161117\161103m.docx Page 7 of 12 Year and helped install an observatory on the roof of the high school with grant funding and his own money. Mr. Bill also mentioned that he and wife Nancy had been activity involved in the community during its incorporation. Mr. Bill remarked that the Dark Sky committee was working to bring national attention to Fountain Hills in a positive way by working on the Lighting Ordinance revisions and he noted that the committee agreed with staff on almost everything. Mr. Bill explained that he found in almost every community that municipality lighting had been included in their ordinance with no problems, so the committee felt the Town could find a way to work with this provision and still install the lighting they deemed necessary. Mr. Bill explained that with the Town being certified as a Dark Sky community, the Town was supportive of good, smart lighting practices and would set an example for the community. Nancy Bill, a Fountain Hills resident and chairperson for the Dark Sky committee, explained that the committee was formed with two goals in mind, which were to update the Town's current Lighting Ordinance and then help the Town to obtain the prestige designation of a Dark Sky community. Ms. Bill added that the committee consulted with the International Dark Sky Association and determined what practices should be considered to assure public safety. She thanked staff for working with them. Ms. Bill pointed out that the lighting provided more than adequate lighting for downtown businesses with no restrictions on the hours of operation and expressed that the committee would like Council to approve the proposed ordinance updates with the municipal owned lighting provision included. Jay Schlum, a Fountain Hills resident and former Town Mayor, thanked everyone for their hard work and acknowledged the smart lighting and dark skies as in Flagstaff and Sedona, which had plenty of light. Mayor Schlum mentioned the telescope located in the park area and how people enjoy the experience. Mayor Schlum encouraged the Council to approve this action. Ted Blank, a Fountain Hills resident, pointed out that the Library had a monthly sky watch and how the community was eager to enjoy the dark skies along with many visitors attending the events. Mr. Blank discussed the proposed ordinance revisions and how it would positively affect the Town without sending light into the sky and mentioned how this would be a selling point to new residents that the Town had dark skies and their benefits. Mr. Blank also encouraged Council to approve the revisions with the additional provisions as mentioned. Jerry Miles, a Fountain Hills resident and former Town Mayor, expressed his support for the previous speakers and encouraged Council to support the revisions. Amberleigh Dabrowski, a Fountain Hills resident, pointed out that being in Fountain Hills created a calm atmosphere due to the dark skies and noted it was beautiful. Ms. Dabrowski addressed the concerns mentioned regarding new business and expressed that if Sedona and Flagstaff could make it work, Fountain Hills could also. Ms. Dabrowski stated she also asked what benefits the Town could receive with a Dark Sky certification and found there were no financial benefits but felt there would be through marketability value for visitors. She also questioned enforcement and found Town staff only worked during the day and she hoped there could be a solution on this issue. Mayor Kavanagh asked Mr. Bill to return to the podium to answer questions from Council. Councilmember Magazine noted all the citizen involvement within the community and thanked them. Mayor Kavanagh asked Mr. Bill if he would address the issue of the total lumens allowed per acre and if there was a way to achieve compliance without the density cap. Mr. Bill answered that there had to be a lumens density cap because if there were none someone could install as many lights as they wanted and that would defeat the purpose of the ordinance revisions. Councilmember Yates questioned how many lumens were necessary and what would be the cap on a building such as Walgreens. Mr. Bill explained the committee had reviewed local businesses in Fountain Hills and determined the brightness was Tractor Supply and found the ordinance allowed 2-1/2 times more lighting than they were currently using. Mr. Bill gave an example for a total of 90, 75W flood lights would be allowed per acre in this ordinance, which the committee felt was very generous in density cap and would not allow someone to light an area in a Las Vegas style. z:Acouncil packets\2016\r161117\161103m.docx Page 8 of 12 Councilmember Yates asked Mr. Rodgers what were the requirements for parking lot lighting. Mr. Rodgers answered that lighting would be shielded down with a basic requirement of a 75W bulb and 25' spacing from each other. Mayor Kavanagh noted that schools were exempt, tennis courts, parks and Mr. Bill agreed and added only with adapted controls and the lights not left on all night. Mayor Kavanagh questioned private property such as the Copperwynd Resort tennis courts and Mr. Bill answered that if the courts were in use they would be exempt and he encouraged their use. Mr. Bill then addressed the enforcement issue and explained that in Flagstaff and Sedona they did not enforce the lumen requirement, but instead educated the community and would report to the Dark Sky Association the Towns efforts to provide educational activities to promote the Town's dark sky and smart lighting practices. Mayor Kavanagh asked if the Dark Sky Association inspected the communities and their lighting compliance and Mr. Bill answered that the Association took the word of the Town on what was submitted on the application. Mayor Kavanagh asked if the current lighting on properties would be grandfathered in and only start with new construction. Mr. Rodgers answered that only new lighting fixtures and bulbs would have to meet the new ordinance. Mr. Bill explained that when the committee was ready to request a Dark Sky certification they would return to Council and explain what steps were needed. He noted that there would be no cost to the Town and community members would do the work and any money needed would come from fundraising. Councilmember Leger thanked the committee and everyone for their hard work and agreed that all Town businesses were within the regulation parameters along with some allowed to go higher. Councilmember Leger felt there were two issues that needed to be addressed; the lumen density and the Town's exemption. Mr. Bill explained how the lumens were determined, the site plan provision was agreed upon, the Town's exemption, and that the committee felt that the Town should set an example and be included in the density cap; he added that this ordinance would not keep the Town from installing lighting that was necessary. Mayor Kavanagh asked if remodeling an old building would the new ordinance be used or would the building be grandfathered in and at what point would compliance be required. Mr. Bill explained that the Dark Sky Association suggested that when a permit was involved the new ordinance would have to be followed. Mayor Kavanagh asked about homeowner associations in Town and could an HOA override the Dark Sky Ordinance. Town Attorney McGuire answered that property owners that have signed a contract with an HOA were never the Town's issue as some of the HOA's covenants were more restrictive than the Town's requirements. Mayor Kavanagh asked if an HOA did not want to comply what would happen. Town Attorney McGuire answered that the home owners in an HOA would have to comply with the Town's regulations, but the HOA could still have more restrictive laws of their own with the Town being the base line; Mr. Rodgers added that the HOA members would have to comply with both regulations. Mr. Rodgers questioned the Dark Sky Association's previous comment and stated that any changes in lighting whether with or without a permit must meet the new regulations and Town Attorney McGuire agreed with him. Mayor Kavanagh thanked everyone for their clarification on this issue due to the possibility of Town businesses being affected. Councilmember Brown thanked the Dark Sky committee for speaking to Council and felt that the Town could make this policy work and liked having the title of a Dark Sky community. Vice Mayor DePorter echoed Councilmember Brown and supported the ordinance revisions and mentioned that if there happened to be a business that wanted to come to Fountain Hills and the lighting was an issue then Council could re-examine the ordinance. Councilmember Hansen complimented the committee on their work and for providing all the information to Council along with addressing their concerns. She questioned if in the future, if the Town supported Dark Skies, would there be the assumption later on that the Town could be held financially responsible in any way regarding the development z:Acouncil packets\2016\r161117\161103m.docx Page 9 of 12 of an observatory. Mr. Joe explained that the committee was not connected to any observatory development project, but having the Dark Sky designation would help further that committee's work on bringing forward an observatory; he noted that was a separate project. Town Manager Miller commented that after speaking to Economic Development staff felt the Town could work with a new business if they choose to locate in Town and would make the project work. Councilmember Magazine expressed that he would like to encourage residents to see if an observatory would be possible in Fountain Hills. Mayor Kavanagh closed the Public Hearing at 8:11 p.m. AGENDA ITEM #13 — CONSIDERATION OF ORDINANCE 16-03 AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE, CHAPTERS 1 (INTRODUCTION), 6 (SIGN REGULATIONS), AND 8 (OUTDOOR LIGHTING CONTROL) BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT KNOWN AS THE "TOWN OF FOUNTAIN HILLS ZONING ORDINACE AMENDMENTS RELATING TO OUTDOOR LIGHTING, NOVEMBER 3,2016." CASE NUMBER Z2016-01. Mayor Kavanagh asked if there were further discussion or questions from Council, otherwise, she requested a motion. Councilmember Magazine MOVED to approve Ordinance 16-03 as presented with the following amendments, Sections 8.04.B Permanent and Temporary Exemptions and G. Municipal Owned Lighting, all outdoor lighting owned by the Town of Fountain Hills shall adhere to the following requirements, when new publically owned buildings and other facilities are constructed or new public rights-of-way are established, the installation of new outdoor lighting fixtures shall only be allowed when (1) a specific need for hazardous night time situation as identified by the Town (2) lighting as deemed necessary in a matter assuring public safety, health and welfare that was in the best interest of the Town and community. `B" when existing publically owned buildings, other facilities and public rights-of-way are modified by physical alternations and/or by a change of use, the installation of new outdoor lighting fixtures beyond existing installations shall be allowed only when (1) a specific need related to a hazardous night-time situation identified by the Town, (2) when lighting deemed necessary as a matter of ensuring public safety, health, and welfare that is in the best interest of the Town and the community. "C" the establishment of any new subdivision development where streets rights-of-way will be dedicated to the Town, the Town shall not allow the installation of street lights, however, in cases where it was determined that street lighting is deemed necessary in public rights-of-way for the safety of pedestrians, bicyclists and other motorist, the installation of street lighting shall be permitted. All lighting so installed shall be fully shielded, meet the correlated color temperature requirements and make use of appropriate adaptive controls and be subject to curfew as directed by the Town Council. Councilmember Leger SECONDED the motion. Mayor Kavanagh questioned the motion and the language related to "no" street lights. Town Attorney McGuire answered he was more comfortable with the language that in the matter of public policy, if citizens want to encourage street lights on their streets and it was for the public's health, safety and welfare these were the standards where the Town used its police power over anything and the means for adopting ordinance and this only restated the Town Council's power in their decisions. Town Attorney McGuire asked Councilmember Magazine since this language was mentioned in section `B" and that if the Council adopted this in the amendment, would it be acceptable to fit this into "B" rather than create a "G". Councilmember Magazine agreed to this suggestion. Mayor Kavanagh asked if Council had any further questions on the motion. Councilmember Yates asked Mr. Rodgers if the addition to the street caveat language was necessary and Mr. Rodgers answered that it was standard language provided by the Dark Sky group, and he believed it was necessary to achieve compliance to certification. Mayor Kavanagh asked if all the Councilmembers understood the motion. No further questions or discussion took place. The motion CARRIED UNANIMOUSLY (7-0). z:Acouncil packets\2016\r161117\161103m.docx Page 10 of 12 Councilmembers Magazine and Brown congratulated the "Dark Sky committee for their work. AGENDA ITEM #14 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER Mayor Kavanagh stated there were no requests. AGENDA ITEM #15 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER. Mayor Kavanagh mentioned the Homecoming Parade and then Councilmember Yates stated that he and Councilmember Leger rode in back of a "Mustang" car and had a great time. He added that the parade was well attended along with the Mayor and Senator Kavanagh. Mayor Kavanagh noted the "Make a Difference Day", which was a great success and added the Mayor's Youth Council did a landscaping project with the help of volunteers. She thanked all the Town staff members who participated and gave their time along under the direction of Volunteer Coordinator Heather Ware who did an awesome job coordinating the program. Vice Mayor DePorter stated that he along with his son lead a team that included Target Store employees and some high school students who needed to complete public service hours for academic reasons. Vice Mayor DePorter also reviewed stats on the completed program sent to him by Ms. Ware and included 44 projects, 350 volunteers, 62 residents served with seven wheelchair ramps constructed along with numerous other projects. He mentioned that letters had been received from recipients expressing their appreciation for the group's kindness. Councilmember Yates noted he and his son lead a team of volunteers for completion of a landscaping project. Mayor Kavanagh mentioned she took part in Salt River Project's "Old Day" involving the water education in the valley program and encouraged elected officials to attend the next time the program was offered. She added that there were great tips from an expert in the program that could be used to clean-up the Town's lake and mentioned that the program offered free advice to the Town. Mayor Kavanagh reported that Channel 10 had visited Fountain Hills and that she had the participated in various activities highlighting the Town. She noted various Channel 10 staff in attendance and expressed her appreciation for promoting the Town. Mayor Kavanagh stated that a ground breaking for the Community Garden was held last week -end with Dr. Patel who spearheaded the project along with the FACCA president and big sponsors Bart Shea, N -Shea Group and EPCOR, the Town's Water Company were in attendance. Mayor Kavanagh wanted to encourage anyone who wished to reserve a personal garden go to the garden's facebook page for more information. Mayor Kavanagh stated she was invited to the 3rd grade class at McDowell Mountain School to discuss the Town's government and noted she met their class president and class councilmember. Mayor Kavanagh reported that she was on a live international streaming interview at the Copperwynd Resort during their tennis tournament match and was able to talk about beautiful Fountain Hills. Councilmember Hansen noted that there was a mix-up on the time of the community garden ground breaking and hoped everyone would still get involved. Mayor Kavanagh noted that it was a last minute invitation and noted the Chamber was not involved. Councilmember Yates announced that a ribbon cutting would be held this Saturday morning for the musical park, followed by a ribbon cutting of the new tunnel, and then followed by the new tennis court. Mayor Kavanagh also wanted to acknowledge that "Halloween in the Hills" was a fabulous night with approximately 35 booths and that people came from everywhere to attend and especially wanted to thank Stephanie Bjorkman from Sami's Fine Jewelry for coordinating the event. z:Acouncil packets\2016\r161117\161103m.docx Page 11 of 12 AGENDA ITEM #16 - ADJOURNMENT Councilmember Yates MOVED to adjourn the meeting and Councilmember Magazine SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 8:30 p.m. TOWN OF FOUNTAIN HILLS 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 Session, held by the Town Council in the Town Hall Fountain Conference Room — 2nd Floor and the Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 3rd day of November, 2016. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 17d` day of November 2016. Bevelyn J. Bender, Town Clerk z:Acouncil packets\2016\r161117\161103m.docx Page 12 of 12