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HomeMy WebLinkAboutRes 2007-45 RESOLUTION NO. 2007-45 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, COMMITTING TO IMPLEMENT CERTAIN MEASURES IN THE MAG 2007 FIVE PERCENT PLAN FOR PM-10 FOR THE MARICOPA COUNTY NONATTAINMENT AREA. WHEREAS, the Maricopa Association of Governments ("MAG") has been designated by the Governor of Arizona as the regional air quality planning agency in Maricopa County; and WHEREAS, the Maricopa County nonattainment area is classified as a Serious Area for PM-I0 particulate matter according to the Clean Air Act; and WHEREAS,because the Maricopa County nonattainment area failed to attain the PM-10 standard by December 31, 2006, a plan is required to reduce PM-10 emissions by five percent per year until the standard is met; and WHEREAS, MAG has produced a plan that includes measures to reduce PM-10 emissions by five percent per year(the"Five Percent Plan"); and WHEREAS, ARIZ. REV. STAT. § 49-406(G) requires that each agency that commits to implement a control measure describe that commitment in a resolution adopted by the governing body which specifies (i) its authority for implementing the measure as provided in statute, ordinance, or rule, (ii) a program for enforcement of the measures (iii) and the level of personnel and funding allocated to the implementation of the measure; and WHEREAS, the Town of Fountain Hills (the "Town") is empowered to implement measures of the Five Percent Plan pursuant to ARIZ. REV. STAT. § 9-240. NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Town agrees to proceed with a good faith effort to implement the Five Percent Plan measures set forth in Exhibit A, attached hereto and incorporated herein by reference. SECTION 2. That the Town commits to implement the measures as scheduled and with the funding sources identified in Exhibit A. Recognizing, however, that the availability of necessary funding may depend on the funding programs or processes of various state and federal agencies, the Town agrees to consider modifications of the funding or schedules for implementation actions, if necessary. SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Resolution. L 749819.1 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 2, 2007. FOR THE TOWN 0 OUNTAIN HILLS: ATTESTED TO: . J. ich s, ay Bevelyn J. Be er, wn Clerk REVIEWED . APPROVED AS TO FORM: . vkji 14„.‘/...‘ Timothy . Pickeri g, Town Man er Andrew J. McGuire, Town Attorney L L 749819.1 2 EXHIBIT A TO RESOLUTION NO. 2007-45 [Five Percent Plan Measures] See following pages. L L 749819.1 PM-10 Measures Measure 1 -Public education and outreach with assistance from local governments. (Planning&Zoning and Public Works) Measure description: Distribute informational brochures and bulletins produced by the Arizona Department of Environmental Quality (ADEQ) and Maricopa County in the Town quarterly newsletter, the Compass. Provide educational materials to contractors, engineers and architects when they are at Town Hall. The Town has a telephone hot line. Include dust control as item to be monitored on the hotline. Responsible Agency and Authority for Implementation: Legal authority for this action is provided under A.R.S. § 9-240, General Powers of Common Council. Implementation Schedule: The Town of Fountain Hills will assist Maricopa County in increasing public awareness of the PM-10 problems to Fountain Hills residents. The Town will utilize the materials and/or information developed by the County and ADEQ, and distribute/communicate them through various methods, e.g., neighborhood outreach and HOA meetings, Town webpage, Cable TV-Channel 11, citizen and employee newsletters, and brochures at the Town's public facilities, including the library. Level of Personnel and Funding Allocated for Implementation: The Town Public Information Officer (PIO) is responsible for the Town's public information and community outreach programs. Funding for the implementation of this measure will be absorbed in the department's budget allocation. Enforcement Program: The measure will be enforced by the Public Works Director and Planning and Zoning Director and their appropriate staff. Monitoring Program: Town staff will track and the number and type of calls received regarding dust issues to determine the effectiveness of the outreach campaign. The Town will submit progress reports when requested by outside agencies. Copy of Ordinance, Rule or Regulation: None required. See Town Code 9-3 and 12-2-11, attached. L 749819.1 Fountain Hills Town Code Lor Article 9-3 WATERCOURSE PRESERVATION AND HABITAT ORDINANCE Sections: 9-3-1 Purpose and Intent 9-3-2 Definitions 9-3-3 Development of Washes 9-3-4 Voter Approval of Development 9-3-5 Restrictions on Transfer or Alienation 9-3-6 Modification,Amendment or Appeal 9-3-7 Severability Section 9-3-1 Purpose and Intent Washes owned by the town are valuable natural resources that contribute to the quality of life for the residents of the town. Such washes assist in natural groundwater recharge, support wildlife habitat and provide natural open space. The washes are an integral part of the town's unique Sonoran Desert heritage. The washes are our legacy to the citizens of the town. These regulations are specifically intended to accomplish the following: A. Maintain the natural state of any washes now owned by the town or to be acquired by whatever means by the town. Nor B. Provide for natural groundwater recharge. C. Provide for wildlife corridors. D. Provide open space areas in a natural and unaltered desert environment. Section 9-3-2 Definitions A. "Development" means any human alteration to the natural state of the land including its vegetation,soil,geology or hydrology for any use except flood control,fire control and matters of public safety or emergency, or easement use or maintenance, or maintenance of any existing structure or fixture existing as of the twenty-eighth day of May, 1996. B. "Wash" means any natural watercourse as existing on land owned or to be owned by the town including the immediately adjacent banks of any such wash. Section 9-3-3 Development of Washes No development of any wash shall occur except by an affirmative vote of town electors in any general election held by the town. Page 6 of 13 Fountain Hills Town Code Section 9-3-4 Voter Approval of Development { Any proposed development of any wash, submitted for voter approval, shall be submitted only after comprehensive studies including, but not limited to the following, have occurred and have been made available in their entirety to the public in at least three open meetings, preceded by at least seven days notice,and at least thirty days prior to any general election: A. A comprehensive inventory and study of, and impact on all vegetation, wildlife and existing recreational uses to be impacted by any proposed development. B. Comprehensive recommendations to mitigate any impact to vegetation, wildlife and existing recreational uses. C. All alternatives to such development. D. Review and analysis of capital costs of any proposed development, including projections of any maintenance expenses projected out at least five years. Section 9-3-5 Restrictions on Transfer or Alienation No sale, swap, trade, lease, transfer or other alienation of any town interest in any wash shall occur without affirmative approval of town electors voting in any town general election. Aiw Section 9-3-6 Modification,Amendment or Appeal • • This article shall not be amended, modified or repealed except by affirmative vote of the town electors voting in any general town election. Section 9-3-7 Severability Should any section of this article be determined to be void, unlawful or of no effect, the remaining sections shall continue to be fully applicable and shall be deemed to be in full force and effect. i }e l i Page 7 of 13 • FOUNTAIN HILLS TOWN CODE ditch or waste ditch in which said person has a vested right or interest or through the willful or negligent failure of said person to accept irrigation water after it has been ordered by him. Section 11-1-14 Discharge of Firearms A. Except as provided in Subsection"C"below,no person shall fire, discharge or shoot any weapon within the corporate limits of the town. B. For the purposes of this section only, "weapon" shall mean any firearm or bow and arrow, including but not limited to, a pistol, revolver, rifle, shotgun, air gun, BB gun, pellet gun, dart gun, gas operated gun,crossbow or other similar gun or instrument. C. The provisions of Subsections "A"and"B"above shall not apply to the use of any gun or instrument by: 1. A law enforcement officer or other duly authorized public official in performance of an official law enforcement duty. 2. Any person at a properly licensed and supervised shooting range. 3. Any person when such weapon is used only for the necessary protection of property, habitation or person in a manner authorized by the laws of the State of Arizona. D. For the purposes of this section only, "properly licensed and supervised shooting range"means a shooting range operated by a club affiliated with the National Rifle Association of America,The Amateur Trapshooting Association, The National Skeet Association or any other nationally • recognized bow and arrow or firearm shooting organization, any agency of the federal government,the State of Arizona,Maricopa County,the Town of Fountain Hills or any public or private school. E. Any person who violates, disobeys, omits, neglects or refuses to comply with, or who resists the • enforcement of any of the provisions of this article shall,upon conviction thereof,be guilty of a Class 1 misdemeanor. F. Nothing in this section shall be interpreted to infringe upon a citizen's right to bear arms as guaranteed by the United States Constitution. (98-07,Amended,02/19/1998) Section 11-1-15 Smoking Prohibited It is unlawful for any person to smoke tobacco in any form in any building owned or directly leased by the town. Section 11-1-16 Criminal Trespass r A. Definitions. As used in this Section,unless the context clearly requires otherwise: Page 8 of 11 • FOUNTAIN HILLS TOWN CODE 1. "Entering or remaining unlawfully" means an act of a person who enters or remains on ( premises when such person's purpose for so entering or remaining is not licensed, authorized or otherwise privileged. 2. "Entry" means the intrusion of any part of any instrument or any part of a person's body inside the external boundaries of a structure or unit of real property. 3. "Fenced commercial yard" means a unit of real property surrounded completely by either fences,walls,buildings,or similar barriers or any combination thereof,and used primarily for business operations or where livestock,produce or other commercial items are located. 4. "Fenced residential yard" means a unit of real property immediately surrounding or adjacent to a residential structure and enclosed by a fence, wall, building or similar barrier, or any combination thereof. 5. "Nonresidential structure"means any structure other than a residential structure. 6. "Residential structure"means any structure,movable or immovable,permanent or temporary, adopted for both human residence and lodging whether occupied or not. 7. "Structure" means any building, object, vehicle, railroad car or place with sides and a floor, separately securable from any other structure attached to it and used for lodging, business, transportation,recreation or storage. B. A person commits criminal trespass by knowingly: 1. Entering or remaining unlawfully in or on a residential structure or a fenced residential yard. 2. Entering any residential yard and, without lawful authority, looking into the residential structure thereon in reckless disregard of infringing on the inhabitant's right of privacy. 3. Entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property,or reasonable notice prohibiting entry. 4. Entering or remaining unlawfully in or on any nonresidential structure or in any fenced commercial yard. 5. Entering or remaining unlawfully on the property of another and burning, defacing, mutilating or otherwise desecrating a religious symbol or other religious property of another without the express permission of the owner of the property. C. Criminal Trespass is a class 1 misdemeanor. D. In the event the defendant charged is a juvenile,the parents or other adult persons with whom the juvenile resides or who have custody over such juvenile shall be likewise cited and shall be subject to the fines provided herein. E. The Town Manager is authorized to (1)offer a reward for the apprehension of parties who might be guilty of violation of this section and (2) solicit reward funds and other cooperation from the tow citizens and businesses within Fountain Hills. (06-15,Added,06/15/2006) Page 9 of 11 Fountain Hills Town Code line of march,destination and such other regulations as the town may set forth therein. B. A funeral procession composed of a procession of vehicles shall be identified by such'methods as may be determined and designated by the town. C. No driver of a vehicle shall drive between the vehicles comprising a funeral or other authorized procession while they are in motion and when such vehicles are conspicuously designated. This provision shall not apply at intersections where traffic is controlled by traffic control signals or the town law enforcement agent. D. Each driver in a funeral or other procession shall drive as near to the right hand edge of the • roadway as practical and shall follow the vehicle ahead as close as is practical and safe. Section 12-2-11. Operation of Vehicles on Vacant Lots No person shall operate a vehicle on or across any portion of a vacant lot other than on an established dust-proof driveway,except during activities authorized by the town. Section 12-2-12 Commercial Vehicles Prohibited on Certain Streets A. No person shall operate any commercial vehicle exceeding eight thousand pounds gross vehicle weight at any time upon any town streets except those streets or parts of streets described as truck • routes. B. In the event a pickup or delivery point is not located on a truck route but is located within the corporate limits of the town, then a person operating a commercial vehicle may leave an adopted truck route by the nearest route to make a delivery or pickup after which the vehicle must return immediately by the nearest route to an adopted truck route. C. The designated truck routes shall be: 1. The full length of Palisades Blvd. 2. Technology Drive from 100 feet north of Saguaro Boulevard to Shea Boulevard. 3. Saguaro Boulevard. from Fountain Hills Boulevard south to 600 feet southwest of Firebrick Drive. 4. Laser Drive from Technology Drive west to end of cul.de sac east of Leo Drive. 5. Grande Boulevard from the eastern town limits to Saguaro Boulevard. 6. Fountain Hills Boulevard from Saguaro Boulevard to the northern town limits. D. Notwithstanding any of the provisions of this section, no person shall operate any commercial vehicle exceeding eight thousand pounds gross vehicle weight on any street within the town except upon designated through truck routes when such operation is not in connection with a delivery or pickup within the corporate limits of the town. Designated through truck routes shall Page 7 of 18 Measure 22 -Reduce off-road vehicle use in areas with high off-road vehicle activity. (Planning& Zoning and Public Works) Measure description: This measure would involve development and enforcement of ordinances or implementation of other actions to prevent or discourage off-road vehicle use in the PM-10 nonattainment area. Responsible Agency and Authority for Implementation: Legal authority for this action is provided under A.R.S § 9-240, General Powers of Common Council. Implementation Schedule: Code enforcement will monitor the annexed 2 square miles and note violations that may occur from July 1, 2007 to June 30, 2008. If a problem is noted, code revisions will be taken to Town Council. Level of Personnel and Funding Allocated for Implementation: The code enforcement staff will monitor the area during the normal course of the day. Funding for the implementation of this measure is determined in the Town's annual budget process. Enforcement Program: This measure will be enforced by the Planning & Zoning Department and Maricopa County Sheriff's Office (MCSO). Monitoring Program: Town staff will track the number and type of calls received regarding dust issues to determine the effectiveness of the Town Code. The Town will submit progress reports when requested by outside agencies. L 749819.1 Measure 29-Sweep streets with PM-10 certified street sweepers. Measure description: Gutter sweeps conducted on all streets quarterly, with full width sweeping annually. Gutters sweeps conducted on all arterial streets and commercial area collector streets monthly. Purchase a second PM-10 certified street sweeper and retire the non-certified PM-10 street sweeper. Responsible Agency and Authority for Implementation: This measure is being implemented by the Town Public Works Department. Legal authority for this action is provided under A.R.S. § 9-240, General Powers of Common Council. Implementation Schedule: The Town has received a grant to purchase a second PM-10 street sweeper. The second PM-10 street sweeper has been ordered and should be delivered by January, 2008. This will bring the Town in compliance. In the event that the Town elects to use a private vendor to sweep public Town streets, the Town will require the vendor to use PM-10 certified street sweepers. Level of Personnel and Funding Allocated for Implementation: The Town portion for the purchase of the second PM-10 sweeper is approximately $25,000. This program is fully funded. Enforcement Program: The enforcement function will be staffed and administered by the Public Works Department. Monitoring Program: The Town Street Department will prepare the necessary street sweeping plans, vendor requirements, and document progress made in implementing this measure. The Town will prepare and submit progress reports when requested by outside agencies. L 749819.1 Measure 31 -Pave or stabilize existing unpaved parking lots. Measure description: The Town has one unpaved parking lot adjacent to the Town dog park. This parking lot will be paved during the spring of 2008. Responsible Agency and Authority for Implementation: The measure will be implemented by the Town Parks and Recreation Department. Legal authority for this action is provided under A.R.S. § 9-240, General Powers of Common Council. Implementation Schedule: The Town has requested a grant to assist with the parking lot paving. This parking lot will be paved during the spring of 2008. Level of Personnel and Funding Allocated for Implementation: The Town has budgeted approximately $110,000 to pave the dog park parking lot. Enforcement Program: The enforcement function will be administered by the Public Works Department. Monitoring Program: The Town will submit progress reports to the State and/or County agencies upon request. L L 749819.1 Measure 32-Pave or stabilize existing public dirt roads and alleys. Measure description: The Town does not have any dirt roads. The Town has five unpaved alleys in design to pave in future phases over the next five years. Responsible Agency and Authority for Implementation: The Town Public Works Department and Town Parks and Recreation Departments. Legal authority for this action is provided under A.R.S. § 9-240, General Powers of Common Council. Implementation Schedule: The Town Parks and Recreation Department plans to pave the alley between Desert Vista and Tower Drive by the spring of 2008. The balances of the alleys are in process of design to hard surface the alleys or abandon the alleys to the adjacent property owners. Alleys will be paved as funds are available in the Town budget process. Level of Personnel and Funding Allocated for Implementation_: The Town is in process of funding the improvements. The Town portion of paving the dirt alley adjacent to the dog park is approximately$150,000. The estimated constructions cost of the other dirt alleys is $1,400,000. Enforcement Program: The enforcement function will be staffed and administered by the Public Works Department and the Parks and Recreation Department. Monitoring Program: The Town will submit progress reports to the State and/or County agencies upon request. L L 749819.1 Measure 33 -Limit speeds to 15 miles per hour on high traffic dirt roads. Measure description: This measure would require 15 mph speed limit signs to be posted on dirt roads in the PM-10 nonattainment area that carry high traffic (e.g., 50 to 150 vehicles per day). The Town of Fountain Hills does not have unpaved public dirt roads. Responsible Agency and Authority for Implementation: N/A Implementation Schedule: N/A Level of Personnel and Funding Allocated for Implementation: N/A Enforcement Program: N/A Monitoring Program: N/A L L 749819.1 Measure 35-Pave or stabilize unpaved shoulders. Measure description: This measure would require paving or stabilizing dirt shoulders on paved public roads that carry a high level of traffic (e.g., 2000 vehicles or 50 heavy duty trucks per average weekday). Responsible Agency and Authority for Implementation: The Town Public Department will enforce this item. Implementation Schedule: Maintenance will be scheduled on a five-year plan and linked to the Capital Improvement Plan for funding Level of Personnel and Funding Allocated for Implementation: The Town will include $50,000 in the budget for stabilizing shoulders. Enforcement Program: The enforcement function will be staffed and administered by the Public Works Department. Monitoring Program: The Town will submit progress reports to the State and/or County agencies upon request. L L 749819.1 Measure 38-Restrict vehicular use on vacant lots. (Planning and Zoning) Measure description: Continue enforcing the existing zoning ordinances that requires hard surfaces (Asphalt or concrete) for parking, driving or storage of any vacant or occupied lot. Responsible Agency and Authority for Implementation: This measure will continue to be implemented by the Planning and Zoning Department and Maricopa County Sheriff's Office. Implementation Schedule: Code enforcement staff will identify vehicular use and parking on vacant lots. Data will be gathered over the next 12 months to document cases where vehicular use and parking on vacant lots is taking place. If problem sites are identified, existing Town Codes provisions will be enforced Level of Personnel and Funding Allocated for Implementation: Code Enforcement personnel will perform monitoring activity during the normal course of their daily work activities. Enforcement Program: Code Enforcement personnel will continue to meet with violators, seek compliance and prosecute if necessary. Monitoring Program: The Town will submit progress reports to the State and/or County agencies upon request. L L 749819.1 Cr Measure 39-Enhanced enforcement of trespass ordinances and codes. (Planning and Zoning) Measure description: Monitor the motor vehicular trespass activity from July 1, 2007 to June 30, 2008, to determine whether a problem exists. Responsible Agency and Authority for Implementation: Planning & Zoning Department is responsible for implementing this task. Legal authority for this action is provided under A.R.S. § 9-240, General Powers of Common Council. Implementation Schedule: Data will be gathered from July 1, 2007 to June 30, 2008. If a problem exists, staff will develop a plan for review and approval by Town Council. Level of Personnel and Funding Allocated for Implementation: Code Enforcement personnel will monitor unauthorized vehicular activity during the course of their normal work duties. Enforcement Program: The Town contracts with the Maricopa County Sherriff s Office for enforcement. Any Town trespass violations will be referred to the Maricopa County Sherriffs Office. Monitoring Program: The Town will submit progress reports to the State and/or County agencies upon request. 749819.1