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HomeMy WebLinkAbout2004.1007.TCREM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL October 7,2004 Mayor Nichols called the meeting to order at 5:07 p.m. AGENDA ITEM #1 — VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. 38- 431.03.A4, FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS, IN PENDING OR CONTEMPLATED LITIGATION OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN ORDER TO AVOID OR RESOLVE LITIGATION. (SPECIFICALLY, RESIDENTIAL RENTAL SALES TAX). Councilman Kehe MOVED to convene the Executive Session and Councilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY. Mayor Nichols recessed the Executive Session at 6:07 p.m. AGENDA ITEM#2-RETURN TO REGULAR SESSION Mayor Nichols reconvened the Regular Session at 6:30 p.m. ROLL CALL — Present for roll call were the following members of the Fountain Hills Town Council: Vice Mayor Archambault, Mayor Nichols, Councilman Schlum, Councilman Kavanagh, Councilman Kehe, and Councilman McMahan. Town Attorney Andrew McGuire, Town Manager Tim Pickering, Town Clerk Bev Bender, Director of Public Works Tom Ward, Director of Parks & Recreation Mark Mayer, and Planning & Zoning Administrator Molly Bosley were also present. Councilwoman Nicola was not present at the meeting. Mayor Nichols said that she asked him to advise that she was attending the 2004 Governor's Rural Development Conference, in Lake Havasu. MAYOR'S REPORT Mayor Nichols read a proclamation declaring October 18, 2004, Pilot International Day and noted that eighty- three years ago, a group of civic-minded business leaders established an international services organization in Macon, Georgia, known as the Pilot International Foundation. He explained that the founding members combined their diverse talents in "friendship and service" to improve the quality of life in communities throughout the world. The Mayor said that the organization was comprised of almost 500 clubs and over 13,000 members worldwide, including the Pilot Club of East Valley, Inc. He stated that the services they provided focused on helping people and noted that they provided grants and scholarships to support research, education, and care-giving programs. Mayor Nichols said that it was his honor to declare October 18, 2004, Pilot International Day and thanked the organization for their substantial contributions. Mayor Nichols also read a proclamation declaring the week of October 18 through the 24, 2004, Arizona Cities and Towns Week and said that the citizens of Fountain Hills relied on the delivery of superior town services to experience a high quality of life in the community. He said that town services such as fire, police, parks, public utilities, street maintenance, community center, library and emergency medical services were delivered each day to meet and exceed citizens' expectations. The Mayor noted that one of the responsibilities of town officials was to ensure that legislators, media, and citizens understood their local government through open and frequent communication, using various avenues and means. He emphasized the importance of continuing to work to protect State shared revenues to ensure quality of life levels and said it was his honor to join with the League of Arizona Cities and Towns and fellow municipalities across the State of Arizona in declaring October 18 —24, E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 1 of 18 2004, Arizona Cities and Town's Week. He noted that the Town would host an open house in the Community Center's lobby on October 18th to answer questions regarding municipal services. (119 CALL TO THE PUBLIC There were no citizens wishing to address the Council at this time. CONSENT AGENDA AGENDA ITEM#1 —CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF SEPTEMBER 16,2004. AGENDA ITEM #2 — CONSIDERATION OF THE LIQUOR LICENSE APPLICATION FOR ROB'S SPORTS BAR AND GRILL. AGENDA ITEM #3 — CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY THE AMERICAN LEGION FOR A FUNDRAISER SCHEDULED FOR NOVEMBER 12, 13 AND 14,2004. AGENDA ITEM #4 — CONSIDERATION OF APPROVING A TEMPORARY USE PERMIT APPLICATION SUBMITTED BY M & M EVENTS REGARDING THE FARMER'S MARKET TO BE LOCATED IN AVENUE OF THE FOUNTAIN MEDIAN AREA. AGENDA ITEM # 5 — CONSIDERATION OF RESOLUTION 2004-48 ABANDONING CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE WESTERLY AND SOUTHERLY PROPERTY LINES OF LOT 8, BLOCK 6, PLAT 203 AS RECORDED IN BOOK 149 OF MAPS,PAGE 29,RECORDS OF MARICOPA COUNTY,ARIZONA. AGENDA ITEM #6 — CONSIDERATION OF APPROVING FUNDING FOR THE SHEA BIKE LANE WITH MEDIAN PROJECT TO ADOT. AGENDA ITEM #7 — CONSIDERATION OF APPROVING THE EXPENDITURE OF $61,927.53 FOR THE PURCHASE OF A 2005 DUMP TRUCK. AGENDA ITEM #8— CONSIDERATION OF APPROVING THE EXPENDITURE OF $35,403.33 FOR THE PURCHASE OF A 2005 FORD F550 TRUCK. AGENDA ITEM #9 — CONSIDERATION OF APPROVING A CONTRACT WITH PEACOCK, HISLOP, STAPLEY & GIVEN FOR FINANCIAL ADVISORY SERVICES TO THE TOWN OF FOUNTAIN HILLS. AGENDA ITEM #10— CONSIDERATION OF APPROVING THE CONTRACT WITH RICK GIARDINA & ASSOCIATES LTD.AS CONSULTANT FOR DEVELOPMENT FEE REVIEW. AGENDA ITEM #11 — CONSIDERATING OF RESOLUTION 2004-38, AMENDING RESOLUTION 2003-41 AND RECOGNIZING THE FOUNTAIN HILLS CHAMBER OF COMMERCE TOURISM BUREAU AS THE TOWN'S OFFICIAL TOURISM ENTITY; AND, CONSIDERATION OF THE RELEASE OF FUNDS APPROPRIATED FOR TOURISM FROM THE TOWN OF FOUNTAIN HILLS' 2004-05 GENERAL FUND BUDGET. AGENDA ITEM #12 — CONSIDERATION OF APPROVING AN EXPENDITURE IN THE AMOUNT OF $9,440 AND RATIFYING ALL PREVIOUS PAYMENTS TO IMAGE QUEST ON BEHALF OF THE FOUNTAIN HILLS' CHAMBER OF COMMERCE TOURISM BUREAU. E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 2 of 18 AGENDA ITEM #13 — CONSIDERATION OF RESOLUTION 2004-50, CORRECTING A SCRIVENER'S ERROR IN RESOLUTION 2004-10,_PASSED BY THE COUNCIL APRIL 1,2004. AGENDA ITEM #14 — CONSIDERATION OF THE FINAL PLAT FOR "EAGLE MOUNTAIN PARCEL 10/11G,"A ONE-LOT,ONE-TRACT,SINGLE-FAMILY SUBDIVISION, CASE#S2004-19. AGENDA ITEM #15 — CONSIDERATION OF APPROVING THE CONTRACT WITH CREDIT MANAGEMENT GROUP, LLC, TO PROVIDE HOLIDAY LIGHTING SERVICES FOR AVENUE OF THE FOUNTAINS. AGENDA ITEM #16 — CONSIDERATION OF RESOLUTION 2004-25, REPEALING AND REPLACING THE PREVIOUSLY ADOPTED PERSONNEL POLICIES AND PROCEDURES MANUAL, MERIT PAY AND EVALUATION MANUAL, THE TOWN OF FOUNTAIN HILLS POLICIES AND PROCEDURES MANUAL AND THE PERSONNEL POLICIES AND PROCEDURES MANUAL FOR THE TOWN OF FOUNTAIN HILLS WITH THE TOWN OF FOUNTAIN HILLS PERSONNEL POLICIES AND PROCEDURES MANUAL. Vice Mayor Archambault MOVED to approve the Consent Agenda as read and Councilman Kehe SECONDED the motion. A roll call vote was taken with the following results: Councilman Kehe Aye Councilman Schlum Aye Councilman Kavanagh Aye Councilwoman Nicola Absent if Mayor Nichols Aye • Councilman McMahan Aye Vice Mayor Archambault Aye The motion CARRIED UNANIMOUSLY by those present(6 to 0). Vice Mayor Archambault expressed his appreciation to staff, in particular to Joan Macintosh and Tim Pickering, for all of the effort that went into developing the employee manual. Mayor Nichols concurred with the Vice Mayor's comments and said his remarks reflected the opinion of the entire Council. ACTION AGENDA AGENDA ITEM #17 — CONSIDERATION OF ACCEPTING AND PLACING TWO DONATED BRONZE SCULPTURES IN PUBLIC AREAS OF THE COMMUNITY UNDER THE PUBLIC ART MASTER PLAN. Parks & Recreation Director Mark Mayer addressed the Council regarding this agenda item. He said the Council might recall that several months ago he appeared before them and asked for their consideration for a Public Art Master Plan. He added that one of the most important features of that Master Plan was the potential acquisition and placement of a number of pieces of public art. He stated that this evening they were continuing with that process and there were two items for the Council's consideration this evening. He noted that both items had been reviewed by the members of the Parks & Recreation Commission and the Community Center Commission and indicated their support for the acceptance and placement of the artwork. Mr. Mayer informed the Council that the first of the two art pieces was a bronze sculpture, a picture of which was included in their packets. He also displayed a picture of the sculpture on screen and noted that the E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session I0-7-04.doc Page 3 of 18 approximate value of the bronze sculpture "First Love" was $30,000 and the second piece, Mayan Wind, also a bronze sculpture, was valued at$28,000. Mr. Mayer advised that in accordance with Council's previous request for information costs relative to insurance, that data was also contained in their packets. ($129.00 a year for First Love and $120.40 a year for Mayan Wind.) He added that installation cost for both of the features was estimated to be in the range of$2,950.00. Mr. Mayer noted that the Mayan Wind sculpture would be installed in the courtyard of the Community Center and the First Love Sculpture would be installed at the entrance to the proposed Rotary Spray Park. He requested that the Council vote in support of the acceptance and placement of the donated two bronze sculptures. In response to a question from Councilman McMahan, Mr. Mayer confirmed that the sculptures were being totally donated and the City's only costs are for insurance and installation. Councilman Kavanagh MOVED and Councilman McMahan SECONDED a motion to accept and place the two donated bronze sculptures in public areas of the community as recommended under the Public Art Master Plan. There were no citizens present wishing to speak on this agenda item. Mayor Nichols advised that the motion CARRIED UNANIMOUSLY(6 to 0)by those present. AGENDA ITEM #18 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING CONSTRUCTION TRAFFIC ROUTES LEADING TO AND FROM EAGLES NEXT SUBDIVISION. Director of Public Works Tom Ward addressed the Council regarding this agenda item. He noted that on August 5, 2004, the Council requested that staff conduct public hearings for the purpose of soliciting public input, learning about citizens' concerns, and recommend possible solutions to address those concerns. He thanked all of the residents who took the time to attend the three public hearings that were held and said he believed good questions were raised and participation was active. He also thanked various departments and members of staff who worked diligently on this process as well as Captain John Kleinheinz from the Maricopa County Sheriff's Office for his attendance at one of the public hearing as well as Steve Cox from MCO for attending the meeting and addressing various issues. Mr. Ward advised that the first meeting was held on August 24th and approximately 36 people attended. He said that they talked about the history of the truck routes and how they were designated in October 1990. He stated that there were also specific preliminary plats in the mountains that were designated for truck routes and added that the route they have been using is the same route that was done approximately three years ago. He said that they also discussed alternatives and associated pros and cons. He noted that the Eagles Nest haul route had factors, which included road width, and indicated his intent to discuss each of the factors as they arose. He referred to maps contained in their packets and said they showed that Sunridge Drive, under the road width, was 56 feet wide and the cross section for Golden Eagle Boulevard was 64 feet wide. He explained that the difference was because a median existed along the south end of both of these routes. Mr. Ward commented that the issue of asphalt thickness was also discussed and pointed out that Sunridge Drive was 50% thicker and therefore had a better structural base, due to the fact that it was constructed after incorporation. He further stated that they talked about the haul length, which was approximately the same with a difference of only 2/10ths of a mile, and discussed maximum up-hill grades (19% for Golden Eagle and 12% on Sunridge). He should be noted that the areas where these grades were at maximum, no median existed and the streets were wide open. He said that Golden Eagle Boulevard has some existing sidewalks that run from Palisades up to Sierra Madre and Sunridge has sidewalks that run the entire length, at least on one sidewalk, one side, of that street. Both Sunridge Drive and Golden Eagle Boulevard have existing bike lanes that range in width from 4 feet to 7 feet. He noted that bike lanes were typically wider where there was no median allowing for wider lanes. He added that the speed limits on both streets were posted for 35 miles-per-hour and reported that as far as truck turning issues, Golden Eagle was preferable for south bound trucks because of the three-way E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 4 of 18 stop at Palisades, whereas the south bound on Sunridge, the oncoming traffic on Palisades they would encounter when they tried to pull out could be a problem. Mr. Ward further discussed the fact that the number of turns was also touched on but said this was not a significant factor simply because they were practically identical and had the same number. Adjacent pedestrian factors involved walkers,joggers, bikers, and Golden Eagle south had the issue of the high school,especially for the northbound traffic in the morning. If Golden Eagle was used for northbound, staff felt this could become a problem and therefore believed southbound would be better. He said they also recognized that there could be children getting out of school in the afternoon as well and were taking that into consideration. As far as school bus stops, data was received from Mr. Rich Dobson of the Fountain Hills Unified School District reflecting that Golden Eagle has 14 stops and Sunridge has 9 stops. The potential boardings for students on both of these streets reflected that Golden Eagle has the potential for 182 students and Sunridge Drive 89 students. Discussion ensued relative to frontage lots and the fact that there were two ways to look at this, direct access from driveways that would enter onto these streets and the fact that frontage lots with driveways on Golden Eagle amounted to 103 and in Sunridge there were 19; lots that were adjacent to the haul route, Golden Eagle has 112 lots and Sunridge has 102; and traffic volumes and the fact that Golden Eagle carries approximately 600 to 10,000 vehicles per day, while Sunridge carries 450 to 5,000 vehicles per day. Mr. Ward reported that the second public hearing took place on August 315t and there were 32 citizens in attendance. He said that staff presented some follow-up information and addressed other specific issues that they had been asked to talk about. He advised that they discussed reducing speed limits for trucks and said this was something you wanted to do on a high-speed highway such as a freeway. He added that lowering truck speeds in a situation such as this would simply frustrate the truck drivers and possibly create safety hazards, particularly in an up-hill grade situation. They further discussed the possibility of reducing allowable truck weight and the use of smaller trucks and reported that per the Town Attorney, the Town does not have the legal ability to do that. He said they looked at the potential use of Ashbrook Wash, which cannot be used as a truck route because of the adopted wash resolution policy. He noted that they talked about the use of Sierra Madre Drive and pointed out that there were 15 residential driveways on this short section of road, 9 school bus stops, and an upcoming development, Sierra Madre Estates. Mr. Ward further advised that they discussed limited time periods for each street and said that the Town does not have the legal authority to enter into such an action. He added that they also talked about the use of Phase II backbone road access and Mr. Ward said he did not understand the purpose and to him it seemed as though it would actually create more traffic on Sunridge Drive. He noted that MCO has advised that they were probably not going to build the second phase of this backbone road that would tie into Sunridge, which was a part of Eagles Nest and it would not start for another twelve months. Additional discussion ensued relative to radar speed enforcement and special enforcement and the fact that staff agreed that this should be considered when they received notification of future phases of construction; the fact that some citizens believed MCO should pay the cost of the special enforcement and staff's intention to discuss this issue with the developer; added the placement of added signage and "no truck traffic" signs similar to El Lago and Palamino; the fact that "no truck traffic signs" were erected on El Lago and Palomino was because there was a point in time in which these streets were wider and many truckers believed that they were truck routes although they were not; the fact that presently Sunridge and Golden Eagle were being used for trucks to access these areas for development purposes; the fact that the haul route was not considered a construction zone and therefore enforcement of double fines would be difficult to enforce; a suggestion to route the trucks north of the Town through McDowell Mountain Park and the fact that there were no designated right-of-ways in this preserve area; restricting the size and tonnage of trucks and the fact that the Town did not have the legal authority to do so; and requiring MCO to find a solution and the fact that staff met with MCO every week and they talked about the mountain plats,review processes, infrastructure and how to improve the situation. Mr. Ward reported that the safety of the route was the main concern and said the Town totally agreed with this point, safety was the number one priority. He stated that developer damage to streets was also a concern and E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 5 of 18 noted that each home that was built in these developments was assessed an impact fee in the amount of$3,500. He stated the opinion that these monies could be utilized but noted that no formula existed to calculate developer damage. He concurred that Golden Eagle Boulevard was wide and considered good for trucks but added that that there had been previous problems with climbing and concrete spills. He said that the major haul for this development was over, the dirt haul was over and the next phase that was coming was the building of the streets and infrastructure, which involved a lot of concrete pouring. He added that they were aware that concrete trucks had trouble with the grade on Golden Eagle and those trucks should not be driving on that particular roadway. Mr. Ward also addressed the issue of traffic congestion on Golden Eagle Boulevard and Palisades at the start of the school day and said staff did not believe it was a good idea to use Golden Eagle because of the large number of school buses and parents dropping off their children. He added that Golden Eagle Boulevard should only be used for southbound traffic. He discussed accident data and reported that from 1996 to 2004, Sunridge Drive experienced 26 accidents, two of which involved trucks, and 61 accidents occurred on Golden Eagle Boulevard, three of which involved trucks. Mr. Ward further stated that at the September 14th meeting, attended by 25 residents, staff reviewed the material from the previous meetings, talked generally about what had been discussed; rehashed some items and put together an Informational Poll to solicit responses from the people in attendance regarding the alternatives and get a feeling as to the streets/routes they preferred. He referred to slides depicted in the Council Chambers and noted that Golden Eagle Boulevard received 15 favorable votes and 6 negative, and Sunridge Drive north to Golden Eagle Boulevard south had 10 favorable and 9 negative votes. He stated the opinion that the numbers did not represent a consensus and added that staff still had concerns about critical line of sight issues and were continuing to look at those intersections and work with the residents of Sunridge Canyon. Mr. Ward also informed the members of the Council that staff received a recommendation from the Sunridge Canyon Community Association that a traffic study be conducted; that Eagle Nest LLC complete Mountain Parkway to Sunridge Drive as soon as possible; explore limiting truck traffic hours and days; check truck emissions and documentation, which was normally done by the State; and require new residents, rather than current,to bear costs of street damage repairs. Mr. Ward stated that following careful consideration and discussion, staff was convinced that neither route was more desirable than the other. He said that staff recommended that the existing truck route of Sunridge Drive north and Golden Eagle Boulevard south remain in place with the following provisions: • Install additional signage on both routes to better inform the drivers and the public; • Improve the communication with the developer on future construction phases so that if special enforcement was needed, they would have a better"handle"on that; • Consider installing concrete pads or ramps adjacent to the areas where the school bus stops were. Mr. Ward added that after looking at all the staff hours that went into the preparation of the report, he estimated that approximately $10,000 was spent. He indicated his willingness to respond to any questions from the Council. Mayor Nichols thanked Mr. Ward for his presentation and said that prior to hearing comments from the Council, he would like to hear from the citizens so that the members would have the benefit of that input when considering this item. John McNeill, 14508 N. Creosote Court Mr. McNeill addressed the Council and said he lived two doors away from Sunridge Canyon. He commented C. that a picture speaks a thousand words, and distributed photographs and a handout for the members to review. He explained that the first page looked at Sunridge Canyon as an alternative and referred to one of the photographs that depicted a tractor-trailer coming down Sunridge Canyon. He expressed the opinion that it was E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 6 of 18 evident the vehicle took up virtually the entire traffic lane. He noted that they were aware of the school buses that stop there and added that there were also landscape trucks with large, wide trailers that stopped on Sunridge Drive regularly to maintain the median strips and adjacent common areas. He commented that if a truck trailer breakdown or accident occurred in that area, the street would become impassible and there would not be any way to get around it. Mr. McNeill referred to a second picture and explained that it showed the section right across from his home and where Sunridge Drive had been closed to traffic at least three times in the last year due to water main breaks. He said that the signs in the picture provided some perspective of just how narrow the street actually was, 18 feet from the bottom of the high curb edge to the other edge with a 5-foot bike lane. He added that the asphalt portion of the lane that was available for vehicular traffic was only 11 feet 8 inches, which did not meet the Town's specs for a limited collector roadway. Discussion ensued relative to photographs 3 and 4, which showed the view at Staghorn and Sunridge where he came out onto the street every day; Mr. O'Neill's opinion that line-of-sight requirements were not being met at this location, particularly at the speeds people actually drove, 40 to 45 miles-per-hour; other areas where he believed the standards were not being met; alternatives and the fact that even at the deepest pitch of Golden Eagle, the road was both straight and very wide, 60 feet, with no high curbs at the edge and was even wider at the lower elevations; and the fact that Golden Eagle met the Town's standards for pavement width for either a principle arterial or minor arterial and exceeded the major collector specifications by 4 feet. Mr. O'Neill said he believed there were safety concerns on Golden Eagle and the Town should limit the load size (weight), enforce speed limits vigorously, consider doubling or tripling fines for trucks that speed, initiate time restrictions to avoid conflict at the high school and the park and, if the Town did not have the authority to do so, officials should talk to MCO and ask them to require those conditions in their contracts. He said that his handout contained additional information relative to Town ordinances and thanked the Council for the opportunity to address them. J.C. Johns, 14325 N. Rockview Court Mr. Johns advised that he was the President of the Sunridge Canyon Community Association and thanked the Council for the time they had devoted to this problem in an attempt to provide what was best for the residents affected by the heavy construction traffic. He said that the Council and staff had received a copy of the Board's resolution regarding this issue, which they presented to staff at the public meeting. He added that he had been informed that the Board of the North Heights Homeowners' Association also adopted this same resolution. He said the members of the Association appreciated the difficult time staff has had with this issue because they were initially attempting to achieve parody in sharing the burden of heavy truck construction traffic throughout the neighborhood. He added that while recognizing the issue of parity and sharing the burden, his Board determined that the safety issue was far more important than the parity issue. He noted that the safety issues were all raised by residents of his association and said they felt that no matter what route was chosen as the final route, it was incumbent upon the Town officials to ensure that the safety issues were all addressed. Mr. Johns commented that Mr. Ward had advised them that the Town could not be the monitor of the load rates or emissions because they were governed by other agencies. He added, however, that the Town could assure that those agencies monitored the traffic through their neighborhood and monitored the speed of the trucks and confirmed their compliance with the assigned routes. He stated that if the process required additional personnel to ensure the safety of the residents that was the cost of allowing a developer to do business in our community. He emphasized that the safeguards must be provided and thanked the Council for their time. Scott Switzer, 15609 N. Sunridge Drive Mr. Switzer addressed the Council and said he hears the trucks as they drive by his home and can attest to the fact that speed was a huge problem, both up and down Sunridge, and he can hear the tires squeal and see the marks where the tires bounce off the curbs. He said he understood that there was opposition to lowering the E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session I0-7-04.doc Page 7 of 18 speeds because that action would irritate the truckers and asked what was more important, the safety of the residents or some frustrated truckers. He added that when trucks came up the hill on Sunridge, it was a steep (low grade, 12%, and he had watched 9 trucks coming up and 4 of them didn't even stop and the rest didn't come to a complete stop. They continued to move slowly and kept on going. He noted that 3 of the trucks dumped dirt because of their shifting and the dirt remained there for 3 days. He complimented the Town's Streets Department but said they were overworked and said problems were going to exist no matter what the route. He commented on the additional costs associated with maintaining the road and the cost of the extra street maintenance. Mr. Switzer commented that since the Town did not have the authority to enforce many of the rules, they should call the motor division of the Highway Patrol and have them enforce them. He also discussed noise issues and engine braking and requested that the Council include a stipulation that prohibited engine braking. He said that the trucks had excellent brakes and they do not need the engine breaks, they can use their own breaks. He stressed the importance of controlling the noise to a"dull roar"rather than a"loud roar". Clem Stubstad, 14253 Honeysuckle Mr. Stubstad thanked Tom Ward and Randy Harrel for their hard work but said that data was data and the cold facts must be looked at. He stated that the road width at 64 feet versus 56 feet was somewhat misleading and noted that the measurements were taken at points where turn lights existed. He expressed the opinion that they were actually looking at no more than 12 feet of actual drivable lane on Sunridge Canyon. He added that the truck traffic begins at 5 in the morning and lasts until approximately 7:30 and should not interfere to a great degree with the school children, although it would become a safety issue if the truck traffic levels continued to increase. He pointed out that Golden Eagle was "wide open" and when the bus stops on Desert Canyon or Sunridge Drive it was one lane and it was blocked. He asked the Council to remember that Sunridge would handle all of the incidental traffic for Eagles Nest, not only the trucks, but also the subcontractors' vehicles. Mr. Stubstad referred to the accident report and emphasized that it was conducted in 1996 and noted that Sunridge was not open up to North Heights until the year 2000 and the number should probably be doubled for Sunridge at this time. He said that during conversations that took place at the meetings, the only reason given why Golden Eagle could not be used technically was because of the 19% grade. He pointed out that Golden Eagle was originally a construction route and stated the opinion that the concern could be easily reduced once the truckers were made aware of the grade and decreased the amount of the loads in their trucks. He added that this was known as "self policing" and they would learn how best to drive on the road. He informed the Council that he represented 109 people and would present the Town Clerk with the signatures of those residents who lived around Sunridge Drive and Desert Canyon who hear the traffic and were asking that Sunridge Drive and Desert Canyon be designated "no through trucks". Irene Cain, 15002 E. Toluca Ms. Cain addressed the members of the Council and commented on the volunteer hours that the residents had devoted to this issue. She said that her concerns involved safety and noted that school children stood on an illegal bike lane that was 5 feet wide on Sunridge opposed to the 10 foot bike trail on Golden Eagle. She discussed concerns regarding backing out of driveways onto Sunridge Drive and the danger of oncoming traffic. She emphasized that Sunridge Drive does not have a passing lane. It was a two-lane road, with a median. She added that down by the school there were two lanes going north and two lanes going south and there was also a cut off for the buses. She expressed the opinion that that area had been built to handle major traffic. She thanked everyone for their time and consideration. There were no additional citizens wishing to speak and the Mayor thanked everyone for their input. In response to a question from Vice Mayor Archambault, Mr. Ward explained that the bus stop issues were raised by the residents and staff could pursue them. E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 8 of 18 Councilman Kavanagh said he didn't understand what was meant by concrete pads and ramps at school bus stops and their affect on safety and Mr. Ward advised that there could be some situations where the children were standing in bike lanes and there was no handicap ramp or a section of sidewalk at the back. He stated that staff would look at the possibility of constructing a handicap ramp at those intersections because eventually staff believed they were going to be facing that issue in the future. He said that having a sidewalk where the children could stand as well was also a consideration and said it would connect to that section to provide those landing zones for pedestrians to get them out of the bike lanes. Councilman Kavanagh asked whether it would be appropriate from a safety standpoint to place a bench or small waiting area perhaps 20 feet down the side street and then when the bus pulls up,the children would walk over. He said that they would then never be near the main street. Mr. Ward responded that staff could look into this suggestion and agreed that extra excavation behind the curbs would be needed because of the slopes. He added that a small keystone wall or retaining wall might also be required to provide the sidewalk that was never put in. Councilman Kavanagh discussed engine-braking noise and signage issues and Mr. Ward stated that some signage already existed on Palisades Boulevard that directed trucks not to use that type of braking. He said they could install this type of signage as well on those streets. In response to a question from Councilman McMahan, Mr. Ward noted that the school drop off was not on Golden Eagle Boulevard, there was a turning lane north of Golden Eagle. He said that Ms. Cain was talking about the other one and said there were two; one on Palisades and one on Golden Eagle with a parent drop off on the Golden Eagle side. He stated that many times he had witnessed cars that drifted out into Golden Eagle Boulevard and stacked up. He noted that schools have peak periods that end at a certain time. Councilman McMahan expressed the opinion that because of its wide street, Golden Eagle Boulevard would result in minimum disruption to everyone involved. Councilman Schlum thanked staff for their hard work and stated the opinion that the Golden Eagle route appeared to have much greater visibility and a wider road. He asked where the two alternatives appeared to be in terms of safety. He said as a layman driving, the narrow road through Sunridge did not give the driver the ability to correct an error or the necessary visibility. He added that it appeared to be more of a residential road while Golden Eagle had the ability to allow maneuvers and might provide a safer route for traffic minus the grade apparently in the 200-foot section. Mr. Ward responded that Golden Eagle Boulevard was constructed a long time ago compared to Sunridge Drive and the design theory for streets was much different now than it was at that time. He noted that streets were designed with horizontal and vertical curves, which was a traffic calming technique that was looked at by traffic engineers because they wanted to slow down the traffic. He said they wanted to have a median so that there were less head on collisions. He added that staff believed the 19% street grade was very unsafe and there was data that proved that the trucks had problems with that grade, particularly concrete trucks and trucks containing construction material for homes that would eventually be coming up Golden Eagle Boulevard. He said that was where staff had the concern on that particular grade, 19% versus 12%. He noted that last week staff received a call regarding a concrete spill on Golden Eagle Boulevard and said that the truck lost half of its load trying to get up the hill. He commented on the fact that because they were aware of these issues, liability might exist in the future if they chose to ignore it Councilman Kehe said he had concerns when legal issues were raised because it appeared to him that they were told that Sunridge Drive would be unsafe for trucks but nothing was done about that. Vice Mayor Archambault commented that several key points had been raised and distributed copies of a photograph of the map contained in the Fountain Hills' telephone book. He noted that all of the heavy lined streets on the map were pretty much all truck routes. He agreed with Mr. Ward's statement that the Golden Eagle was not designed for today's standards but added that an opportunity existed. He emphasized the importance of acknowledging the fact that the future was going to bring more truck traffic to the back end of E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 9 of 18 Fountain Hills. He commented on the population of the streets and said to him it was obvious that Golden Eagle was designed to be a major collector street for all of the different streets. He stated that Golden Eagle had some bad grading but if they know now that this street is 25 years old and down the road they were going to have to replace that asphalt, it would be nice to know that if this was a truck route 3 inches of asphalt was needed not 2 inches. He added it would be nice to know that down the road they acknowledge the fact that all those houses in Eagles Nest north were going to experience construction traffic. He commented that they had problems with concrete spills on El Pueblo and other roads and it was incumbent upon the truck owners and drivers to load their trucks in a safe and appropriate manner. The Vice Mayor also discussed bus stops and said he believed this issue should be considered but not "weighted". He noted that bus stops exist on all major streets and emphasized the importance of being able to maneuver to avoid accidents. He stated the opinion that Golden Eagle provided this ability. He added that going up Golden Eagle with a loaded truck would be much better than coming down the road loaded. He said they were always going to have construction traffic and this was an opportunity for staff to plan how to make this street safer, if possible, and planning for the asphalt as well. Vice Mayor Archambault MOVED that the Council accept Golden Eagle as a two-way truck route. Councilman Kehe SECONDED the motion. Councilman Kavanagh commented that from the beginning the issue had been the 19% grade and that was why technical staff had said-there could not be loaded trucks traveling up Golden Eagle. He stated that this was a technical decision and he was extremely hesitant to override staff in a decision such as this that involved safety. He agreed that neither route was great but expressed the opinion that it was just too dangerous to have the trucks go up that road loaded. He agreed that word would go out about the grade but noted that unless they were doing a "convoy" type of delivery with everyone there at once, there would be a breakdown in communication and problems would occur. He added that he would not override staff but would like to see added safety precautions cor as outlined by staff in order to minimize the impact. Vice Mayor Archambault noted that staff was convinced that neither route was more desirable. In response to a request from Councilman Kehe, Councilman Kavanagh stated that there were safety issues on every road that trucks go down but added that in this case there was a 19% grade that never would have been approved had they been going by the current ordinances. He said that it was unsafe and asked staff for input regarding the safer choice. Mr. Ward responded that when he made the comment that neither route was better than the other he meant that staff did not want to use Sunridge for both north and south and didn't want to use Golden Eagle for both north and south. He stated that three years ago when the map was drawn up, they thought that the route would be north on Sunridge and south on Golden Eagle and a decision was made at that time that that was the best route to use. It was part of the preliminary plat for Eagles Nest and was designated in a stipulation when the map was drawn up. Mr. Ward said that the 19% grade was dangerous and staff had data that proved this point. He clarified that his comment was that neither route should be used for both north and south and that Sunridge should be used for north bound traffic and Golden Eagle for south bound traffic. He stated the opinion that the safest route was the one that is currently in place. Councilman McMahan said he drove down Sunridge this morning and once you passed the golf club there was barely room for his car and he did not understand why trucks had been allowed to go down there in volume. He added that Golden Eagle was constructed to provide a lane to Palisades in the early 1990s by MCO and the rest of Golden Eagle, from Jamaica up over Ridgewood down around Marathon and up to Paradox was constructed Iihr 25 to 30 years ago. He noted that trucks had been using that lane in varying numbers for 25 years and said he did not remember there being many problems. E:\BBendenDocuments\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 10 of 18 Councilman Kavanagh reiterated his comments regarding the importance of supporting the traffic-engineering experts' point of view on technical issues such as this. Councilman Kehe asked Mr. Ward to confirm that there had been three accidents, involving trucks, on Golden Eagle Blvd. since 1996. Mr. Ward concurred that three accidents involving trucks had occurred since 1996 on Golden Eagle. Councilman Kehe noted that there had been 3 truck accidents in 9 years. Councilman Kehe questioned if any of the accidents had involved personal injury? Mr. Ward responded that he had not gotten too heavy into the accident reports but added that there had been one fatality on Golden Eagle Boulevard that involved a motorcycle that hit a sign. Councilman Kehe pointed out that was not a truck accident and that he had not heard anyone talk about passenger cars. He stated that he understood Mr. Ward to confirm that there had been 3 accidents on Golden Eagle involving trucks since 1996. Mr. Ward stated that was correct. Councilman Kehe asked whether there was any law in existence that states you could not use a road with a 19% grade. Town Attorney Andrew McGuire responded that he did not believe they would ever find a statute or local ordinance that stated a certain grade was illegal. He added the opinion that there were a lot of construction standards that would render roads with that type of grade unsafe. He said it was the Town's duty to keep its roadways reasonably safe and that did not mean that they needed to have roads that all met standards of today, recognized safety issues must be acknowledged and made known, and said that the Town needed to follow the recommendations of the experts on these issues. He added that he would have some grave concerns if technical data was not available to support the Town's position and said in this case the Town would mitigate impacts as much as possible through the use of signage and notification of dangers. He added that beyond reconstructing the street,the Town's best option was to warn citizens and sign the street as best they could. Mr. McGuire said when they had technical data, such as in this case, that a safer route was available; he had concerns that this could be used against the Town in the future. He commented that there was no doubt in his mind that if an accident occurred on either one of those roads, the minutes of this meeting and the video tape of this meeting were going to be used as somebody's exhibit and they would prove that the Town was aware of the dangers on Golden Eagle. Mr. McGuire agreed with Councilman Kavanagh's comment that a technical issue existed and if the Council's decision was to change the decision of the traffic engineering studies that were on record, then staff should be allowed the time to conduct further research to determine whether that decision could be supported. He added that he was leery of basing a decision on non-technical information. In response to comments from Councilman Kehe,Mr. McGuire said that testimony of the residents who lived on Sunridge Drive could come forward in a legal situation and attested to the fact that the Town knew that the road was unsafe because the residents told them it was unsafe. He emphasized that the Town was held to the standard of a reasonably prudent municipality and a prudent municipality meant that actions were backed up by studies or other technical data. He added that he would be more comfortable defending the suit in that type of case versus one where they had identified a problem by technical data and decided to go around it. Vice Mayor Archambault asked whether there was a way to mitigate the 19% slope. Mr. Ward questioned whether the Vice Mayor meant the reconstruction of Golden Eagle Boulevard and the Vice Mayor responded that several options were available including speed bumps, signage, traffic signals, and stop signs. Mr. Ward stated that he would not recommend placing a stop sign at the bottom of the hill and discussed intricacies involved in reconstruction. He added that a policy was in place that required trucks to take the shortest route possible to reach their construction site destination. Discussion ensued relative to the fact that staff acknowledged that Golden Eagle was the shortest of the two routes and staffs position that two tenths of a mile was not as important as the 19% slope and its past history. Mayor Nichols commented that there really was no good answer to this and he supported Councilman Kavanagh's comments relative to the fact that this was a technical issue and they should rely on the opinion of the experts. E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session I0-7-04.doc Page 11 of 18 In response to a question from Councilman Kehe regarding the grade from the Country Club on Sunridge at the intersection of Palisades, Mr. Ward responded that he did not have that information available. He said that a 12% slope exists coming off of Palisades. Mr. Ward stated that he stood corrected in that the Town Engineer just informed him that the grade was 10% coming off of Golden Eagle and 12% off of Palisades on Sunridge Drive. Mayor Nichols requested that Town Clerk Bev Bender read the motion and she stated that Vice Mayor Archambault proposed that Golden Eagle be used as a two-way truck route. A roll call vote was taken with the following results: Councilman Kehe Aye Councilwoman Nicola Absent Councilman Schlum Aye Councilman McMahan Aye Mayor Nichols Nay Councilman Kavanagh Nay Vice Mayor Archambault Aye The motion CARRIED by majority vote of those present(4 to 2). AGENDA ITEM #19 — CONSIDERATION OF APPOINTING SEVEN INDIVIDUALS TO SERVE STAGGERED TERMS ON THE FOUNTAIN HILLS PUBLIC SAFETY COMMISSION. Mayor Nichols commented that they had gone through a lengthy interview process and large number of citizens had applied to serve as a member of the Commission. He said he was very pleased with the interest that the residents displayed and thanked them for their willingness to serve the Town of Fountain Hills. Mayor Nichols MOVED that the following citizens be appointed to the Fountain Hills Public Safety Commission: Paul Kolwaite (one year); Larry Moyse (two years); George Aliory (two years); Robert Hoffman (one year); Kathy Kragstad (two years); Joseph Mullen (two years) and Rodney Covey (two years). Councilman Schlum SECONDED the motion. Janice Jennifer Lee, 15318 E. Hillside Drive Ms. Lee addressed the Council regarding this agenda item and said she wished to record into the public record her discouraging experience with the Council's present process of selecting Commissioners. She stated that to her knowledge, 25 applicants applied for 7 positions on the Public Safety Commission; however, according to staff, only 18 people were at home when staff called to arrange interviews. She said it was her understanding that only 4 members of the Council met with those applicants and, based on those interviews, the Mayor made the final selections. She advised that she was one of the 25 who submitted a resume to be considered as a member of the newly formed Public Safety Commission. She pointed out that the City's application stated that Council would hold interviews in late August because the Council was on summer break. She added that in mid-month, on August 19th, she went to Town Hall to inquire about the status of pending Council interviews and to her surprise learned that they had already taken place a week earlier. She said she was stunned that they had been no revised public notice announcing this change and reported that staff had informed her that Council had hastily scheduled interviews in early August and applicants had been telephoned on the prior Friday and on Monday,August 11`h. Ms. Lee advised that those applicants who happened to be at home and answered the telephone were given interview appointments and said she was still mystified why she had no voice messages and her caller I.D. log Nrior showed no phone calls on either day from Town Hall to her home or alternate cell phone number. She added that she contacted the Mayor to respectfully ask that she still be considered and the Mayor indicated that the interviews were over and she could apply again in a year. She said that during the phone conversation the E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 12 of 18 Mayor indicated that it had been difficult on such short notice to get a quorum of Councilmembers to conduct interviews. She stated that when asked if he had even read her resume, the Mayor responded that he had not. Lir She advised that she was personally disappointed that her application did not receive as much as an acknowledgment was apparently not even read and that the full Council never had the opportunity to consider her qualifications. She said that it was difficult for ordinary citizens to trust their elected officials and when citizens did take the initiative to volunteer two years of their time they should be afforded the simple courtesy of an acknowledgment. Ms. Lee expressed the opinion that the Council should have agendized a one-hour public hearing and writing 25 thank you notes would also have been appropriate. She noted that she was a former member of law enforcement and Vice Mayor/Mayor of Calabasas, California and provided additional background information. She proposed that the Council move to set aside tonight's appointments and direct staff to draft for Council adoption of a revised public hearing protocol for Commission appointments. She added that the Council should hold a public hearing to allow all 25 candidates the opportunity to address the full Council in an open forum so that every participant had the opportunity to present their credentials and reasons for applying. She said that the Council should vote by ballots and the majority vote of the Council should be the deciding factor. She added that Council ballots should be posted on the Internet so that citizens would know how each Councilmember voted and for whom. Mayor Nichols thanked Ms. Lee for her comments. There being no further discussion regarding this item, the Mayor called for a vote on the motion. The motion CARRIED UNANIMOUSLY by those present(6 to 0). AGENDA ITEM #20 — PUBLIC HEARING REGARDING ORDINANCE 04-10, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE RELATING TO PARKING AND STORAGE (7111, OF VEHICLES. CASE#Z2004-05. Mayor Nichols declared the public hearing open at 8:05 p.m. Planning & Zoning Administrator Molly Bosley provided an overview of this agenda item and said that the proposed text amendment was to amend commercial vehicle parking regulations within the Town's zoning ordinance. She noted that the existing regulations pertaining to commercial vehicles anywhere within the Town were in Section 12.38 of the Town Code, which stated that no person shall park or store a vehicle with a rated chasse in excess of 5,000 pounds, which is 2.5 tons, on any street between the hours of 9 p.m. and 6 a.m. except while loading or unloading with an emergency overnight vehicle permit or in industrial areas with proper owner permission. She explained that staffs concerns arose from several factors, the first of which was the Town's code enforcement program. She said that a number of complaints were being received from residents about the parking of commercial vehicles, specifically within residential areas. She noted that this led to the basic premise that zoning staff dealt with on a daily basis, what were acceptable uses within certain classifications? Ms. Bosley added that this issue also provided an opportunity to really look at the regulations and recognize that there was an absence of a regulation within the zoning ordinance dealing with commercial vehicles and even the regulations that were in place were not specific. She advised that it had been a goal of the Planning Division this year to incorporate all of the regulations pertaining to the parking of vehicles within the zoning ordinance and added that this was the primary reason why this item was before the Council this evening for their consideration. Ms. Bosley reported that the challenges staff looked at in determining whether commercial vehicles should be placed in residential areas involved basically three factors: the size of the vehicle, the weight of the vehicle and the location of the vehicle on the property. She noted that the existing commercial vehicle weight limited was a rated chassis over 5,000 pounds or 2.5 tons and said the limit did not consider the weight of popular vehicles such as Hummers and pick-up trucks, many of which were used for both commercial and non-commercial E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 13 of 18 purposes. She said that the proposed weight limit, 3.5 tons, accounts for those vehicles and provides for them to be parking in residential districts. Ms. Bosley discussed staff's recommendations relative to the Zoning Ordinance, which include: * No commercial vehicle with a chassis rated for more than 3.5 tons nor any vehicle greater than 22 feet in length shall be permitted to park on the streets in residential districts, within the front or side street yard or within the side or rear yard unless the vehicle is located behind a six foot high solid masonry, concrete or earthen product wall unless making a delivery, service call or loading/unloading; * Retitle Section 5.12"Outdoor Storage and Junk Automobiles"to"Outdoor Storage" and delete Section 5.13 in its entirety. * Move Section 5.12(A) — the definition for junk automobiles, Section 5/12(C) and Section 5/12(D) and Section 5/13 to Section 7.02 of the Zoning Ordinance for consolidation of all parking regulations into Chapter 7. Ms. Bosley noted that one of the problems that the Town's Code Enforcement Officers had experienced was the difficulty associated with enforcing the 48-hour maximum time limit unless specific evidence existed to show that a vehicle did not move with the 48-hour period. She added that staff from the Town Attorney's office agrees that this was a big problem. Ms. Bosley said that since there was practically no way to verify whether the trailer had exceeded the 48-hour period, the regulation did not accomplish anything. She explained that this was why staff was recommending the removal of the 48-hour provision and replacing it with an ordinance that stated someone could have a vehicle parked in his/her driveway for a temporary amount of time with the issuance of a temporary visitor's permit. She said that staff strongly supported proceeding in this manner because it provided the residents more flexibility as far as having visitors who might come to visit from out of town and who had a recreational vehicle and wanted to stay for three days. Issuance of the temporary visitor's permit would allow them to do so Ms. Bosley noted that the following change was also being recommended: 1. Deletion of Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-8, Parking of Commercial Vehicles in its entirety. Deletion of this section will ensure all regulations pertaining to the parking of commercial vehicles in residential areas would be within the Zoning Ordinance. Ms. Bosley said that the above listed change would also delete the provision for the issuance of emergency overnight permits. She explained that history had not shown this to be utilized very often by businesses in the Town and the issuance of such permits for some of the vehicles, such as large tow trucks, really should not be allowed in a residential area. Ms. Bosley commented on the two public hearings that were held on this issue and said that throughout the entire process only one citizen came forward to request that consideration be given to adding a height limitation restriction for the vehicles. She stated that staff considered this issue but felt that it would be too restrictive. Ms. Bosley advised that the members of the Planning and Zoning Commission recommended approval of staff s recommendations and asked that the Council approve Ordinance#2004-10 and Ordinance#2004-13. Mayor Nichols thanked Ms. Bosley for her presentation and asked if there were any citizens present wishing to speak on this item. Ms. Bender advised that there were two requests to address the Council and the Mayor asked the speakers to come forward at this time. Edward&Gloria Zalig, 16415 N. Palo Verde Lane Mr. & Mrs. Zalig addressed the Council and said their home was located on a cul-de-sac. Mr. Zalig stated the opinion that a need for a height restriction for commercial vehicles did exist and should be made part of the ordinance. He said that a 10 to 12-foot high commercial vehicle could not be hidden behind a 6-foot fence if parked on a residential lot. He said that they had been experiencing problems in their area over the last two E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 14 of 18 years and there had been as many as four trucks parked at a specific location. He added that it appeared the property was being used for commercial purposes in the residential area. Mr. Zalig also commented on Section H, Item 2, and said he believed that section should be removed because it appeared to be an "out" and could render the rest of the ordinance irrelevant. The section reads: "If storage or parking, as required by this section, is not feasible, the Zoning Administrator may issue an administrative use permit to park or store vehicles under this section in an alternative manner." Mr. Zalig said that he and his wife felt that residential properties and their values should be protected and the parking of large trucks should be restricted to commercial parking areas. Mr. Zalig said that he and his wife appreciated the Council's concern. Mrs. Zalig commented that her husband covered all of their points and noted that the trucks referred to by her husband parked in their residential area. She stated the opinion that the people who owned the trucks were operating a business out of their home and it should not be apparent to the neighbors that a business was operating in a residential area. Mayor Nichols thanked the speakers for their comments. There being no additional citizens wishing to speak, the Mayor declared the public hearing closed at 8:08 p.m. AGENDA ITEM #21 — CONSIDERATION OF ORDINANCE 04-10, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE RELATING TO PARKING AND STORAGE OF VEHICLES. CASE Z2004-05. Councilman Kehe MOVED and Vice Mayor Archambault SECONDED a motion to approve Ordinance 04-10 as presented. In response to a request for clarification from Councilman Kehe, Ms. Bosley advised that the proposed language would not prevent service vehicles from providing needed services to citizens in residential areas. She added that as far as tow trucks, one business in Town had been keeping a tow truck on the property almost all of the time and that was why she commented that she did not believe tow trucks belonged on residential properties. She said she believed a tow truck of this size and nature was a commercial type vehicle and belonged on a commercial property,not within a residential district. Councilman Kehe commented that a few years ago the Council allowed exceptions on a one-year basis and asked whether the proposed ordinance contained a provision, at least in its interpretation, that would allow a commercial vehicle to park in a residential district, not to provide service but to leave it there, because it was adjacent to the owner's home. He also asked if there was a review so that if the performance is of concern to neighbors, they had some type of an option at the end of the special period to have the matter reconsidered. Ms. Bosley responded that the only item before the Council this evening that would give any so called exception would be for vehicles that weighed 5 tons or less. She added that she believed he was talking about the provisions within Section 12-3-8 that allowed the Town to grant an emergency overnight vehicle permit. She said there were no such provisions within the proposed ordinance. Councilman Kehe stated that if the ordinance did not allow for the emergency overnight vehicle permits, which somehow extended and extended,then his concern was being addressed. Councilman Kavanagh commented that a 10-foot height limitation on commercial vehicles seemed reasonable to him and asked if there were some negative impacts that he was not recognizing. Ms. Bosley responded that the Council had the ability to add a 10-foot height limitation if they so desired. She said that staff's concerns regarding a height limitation was that despite a 6-foot fence,4 of the 10 feet would still be in view and no visual barrier would be completely accomplished. E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 15 of 18 Councilman Kavanagh MOVED that the motion be amended to include a 10-foot height restriction on commercial vehicles. Councilman Kehe SECONDED the motion for purposes of discussion. In response to comments from Councilman Kehe, Councilman Kavanagh stated that he would be hesitant to prohibit citizens from having recreational vehicles. He said he did, however, agree that limiting commercial vehicle heights to 10 feet was reasonable. Ms. Bosley asked that the Council keep in mind that when they were talking about the difference between recreational vehicles and commercial vehicles, recreational vehicles were generally not registered under the Department of Motor Vehicles as commercial. Vice Mayor Kavanagh agreed and noted that the request was for commercial vehicles and that was what the amendment to the motion pertained to. Councilman Kehe said that the point he was trying to make was that the Council should not set some arbitrary height that in the long run would impact the height of recreational vehicles. Councilman Kavanagh reiterated that this would only apply to commercial vehicles. Mayor Nichols stated that he supported limiting the height but questioned whether they should do so without further investigation. He said they could amend the motion to limit the height to 10 feet and then direct staff to conduct additional research regarding this issue. He asked whether the ordinance could be amended at a future time if staffs research determined that changes should be made. Town Attorney Andrew McGuire responded that any changes would go through the same process as this ordinance. Vice Mayor Archambault said he was concerned that the Council might be "opening a can of worms" by this and noted that they were prohibiting 5 ton vehicles from being in residential areas and the only vehicle he could think of that will be 10 feet or more up in the air was going to be a 5-ton vehicle. He said they were talking Niiw about a semi. Councilman Kavanagh stated that someone could possibly have one of the advertising trailers that were occasionally seen driving around. The Vice Mayor said he was uncomfortable proceeding without additional study being conducted. Mayor Nichols said he would support it at this time because they did have the ability to revise it in the future should staffs research determine that a revision was appropriate. Councilman Schlum questioned what type of a permitting fee would be required to park an RV. The Mayor said that they should hold off discussing that issue at this time. Mayor Nichols called for a vote on the amended motion. A roll call vote was taken with the following results: Councilman Schlum Aye Councilwoman Nicola Absent Councilman Kehe Nay Councilman McMahan Nay Mayor Nichols Aye Councilman Kavanagh Aye Vice Mayor Archambault Nay The motion FAILED for lack of a majority vote (3 to 3). E:\BBender\Documents\Current Minutes 2004Utegular and Executive Session 10-7-04.doc Page 16 of 18 The Mayor said that Councilman Schlum could now present his question regarding the main motion. He asked what type of cost they were considering for permitting this type of use. Mayor Nichols responded that the cost would be minor,just enough to cover staff's time. Councilman Kavanagh asked whether staff could be requested to look into the 10-foot limitation and report back to the Council. Mr. Pickering said that the ordinance could be adopted at this time, staff could conduct research and their findings could be brought back before the Council. Discussion ensued relative to the fact that staff believed they have sufficient direction in which to proceed and would pursue research on the matter. In response to a question from Councilman Kavanagh, Ms. Bosley advised that a temporary visitor permit would be issued if, for example, visitors were coming to stay and had an RV and wanted to park it in their driveway. She said that they could obtain a temporary vehicle permit to locate their RV on their property from this date until this date. She clarified that permits would only be needed if they were going to be there longer than 24 hours. Mayor Nichols asked Ms. Bosley to define "temporary" and she responded that the provisions for the temporary visitor permit had not yet been established. She said that this and other issues, such as the cost of permitting, would be brought back to the Council later. Ms. Bosley, responding to a question from Councilman Kehe regarding restrictions on the number of vehicles that home businesses could have as well as the number of trips that could be made per vehicle per day, Ms. Bosley advised that home businesses were limited to no more than 5 trips per day and no visible external evidence of a business was allowed. She added that there were also additional provisions within the zoning ordinance that provided a remedy for the situation that was discussed. Councilman Kavanagh said that based on his prior discussion, he assumes that HI should include the phrase "in excess of 24 hours". It was the consensus of the Council that that was what they were thinking. Councilman Kavanagh noted that the language also contains the word "unoccupied" and asked whether the restrictions did not apply to unoccupied vehicles. He also asked how this would be controlled. Ms. Bosley stated that occupied recreational vehicles had specific limitations. In response to a question from the Mayor, Mr. Pickering said that staff would define the term "temporary" administratively, in perhaps a week, but added that that was up to the zoning administrator when the applications come in. He said the maximum would be defined and they would not be able to go beyond that. He added that it was not necessary to put a maximum amount in the ordinance. Mayor Nichols called for the vote on the main motion. The motion CARRIED UNANIMOUSLY by those present(6 to 0). AGENDA ITEM #22 - CONSIDERATION OF ORDINANCE 04-13, AMENDING THE FOUNTAIN HILLS TOWN CODE,CHAPTER 12,TRAFFIC,RELATING TO PARKING. Councilman Kehe MOVED and Vice Mayor Archambault SECONDED a motion to approve Ordinance No. 04-13. There were no citizens present wishing to speak on the item. The motion CARRIED UNANIMOUSLY by those present(6 to 0). E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 17 of 18 AGENDA ITEM #23 — COUNCIL ASSESSMENT AND REVIEW OF THE MEETING TO IDENTIFY PROCEDURAL STRENGTHS AND WEAKNESSES AND DISCUSS POSSIBLE IMPROVEMENTS L FOR FUTURE MEETINGS. There were no items to discuss. AGENDA ITEM #24 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) OR DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: None. AGENDA ITEM#25—SUMMARY OF COUNCIL REQUESTS BY TOWN MANAGER Mr. Pickering said that staff would research the placement of a 10-foot height restriction on commercial vehicles (which was included in the ordinance). He stated that staff would bring their findings back to the Council for their consideration. Mr. Pickering added that the October 12, 2004, Workshop Session to review the report prepared by the consultant on the skate park would have to be rescheduled to sometime in November due to the consultant's inability to be present in October. Mr. Pickering commented that next week would be Molly Bosley's last week with the Town as she had accepted another position. He stated that she had performed an outstanding job, thanked her for her professionalism, and congratulated her on her new position. Mayor Nichols, speaking on behalf of himself and the Council, expressed their gratitude to Ms. Bosley for the law time and effort she had put in on behalf of the Town. He said she would be missed and wished her the best of luck in her new career. AGENDA ITEM#26—ADJOURNMENT Councilman Kavanagh MOVED that the Council adjourn and Cou cilman McMahan SECONDED the motion, which CARRIED UNANIMOUSLY by those (6 to 0). e meeting adjourned at 8:33 p.m. TOW N i IN ILLS By Wally Nic s,Mayo ATTEST AND PRE ARED BY: Bevelyn J. B der own Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive Session held by the Town Council of Fountain Hills on the 7th day of October 2004. I further certify that the meeting was duly called and that a quorum was present. Ltw DATED this 21st day of October, 2004. Bevelyn J. de ,Town Clerk E:\BBender\Documents\Current Minutes 2004\Regular and Executive Session 10-7-04.doc Page 18 of 18