HomeMy WebLinkAbout2010.1109.TCWSEM.Minutesz:\council packets\2011\r1-20-11\101109wsm.docx Page 1 of 11
TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK STUDY AND EXECUTIVE SESSIONS
OF THE FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 9, 2010
AGENDA ITEM #1 – CALL TO ORDER AND ROLL CALL
Mayor Schlum called the meeting to order at 5:31 p.m., which was located in the Town Hall Council Chambers.
Present for roll call were the following members of the Fountain Hills Town Council: Mayor Schlum, Councilmember
Contino, Councilmember Leger, Vice Mayor Brown, Councilmember Hansen, Councilmember Elkie and Councilmember
Dickey. Town Manager Rick Davis, Town Attorney Andrew McGuire, and Recording Secretary Shaunna Williams were
also present.
AGENDA ITEM #2 – PRESENTATION REGARDING THE FOUNTAIN HILLS SANITARY DISTRICT
AQUIFER STORAGE RECOVERY WELL NO. 5 PROJECT.
Town Manager Rick Davis requested that Development Services Director Paul Mood come forward at this time to discuss
this agenda item. He explained that there is a project that the Sanitary District is going to be moving forward with on
December 6th and Mr. Mood will discuss the specifics. He also welcomed District Board Member Bruce Hansen and Ron
Huber the Managing Director of the Sanitary District.
Mr. Mood addressed the Council and stated that this evening he wanted to give a brief overview of the Sanitary District's
Aquifer Storage Recovery Well #5 and Pipeline Project (a complete copy of the presentation is available in the office of
the Town Clerk). He referred to a picture of a well that exists next to the physical plant toward the east boundary of Town
Hall. He noted that the well was drilled in approximately 2002 as a well for the Chaparral City Water Company (CCWC)
and the Water Company never did take ownership of the well and it has sat since that time. The District currently has four
aquifer storage recovery wells (ASR wells), which allow them to recharge reclaimed water from their Advanced Water
Treatment Facility on Kiwanis Drive when demands are low or to pump water from the wells into their reclaimed water
distribution system when demands are high. The four ASR wells currently meet the recharge demands of the Sanitary
District but do not have the required capacity should one of the wells fail. ASR Well No. 5 will be a redundant well and
provide flexibility for the Sanitary District.
Mr. Mood explained that the ASR Well No. 5 project will provide new pumps at the Advanced Water Treatment Facility
and a pipeline, which will connect to the well site. At the well site, an approximately 12-foot diameter vault will be
constructed below grade, which will house the well pump, valves and control systems. A new sanitary sewer will also be
constructed on the Avenue of the Fountains and Saguaro Boulevard. The well will have the capability to discharge into
the sewer when it is periodically purged. Referring to a map, Mr. Mood described the route the work will take and the
well's deepness at specific points. He noted that traffic control plans have been submitted to the Town and Justin Weldy,
who is going to be the Engineering Inspector on the project and is in the process of reviewing those plans and is present at
the meeting this evening. He explained that when the District is constructing the sewer just north of the Holiday Inn,
southbound Saguaro will be closed and southbound traffic will divert, and northbound and southbound traffic will be
restricted to one lane in each direction and will then transition back near El Lago, and then they will have two lanes going
southbound again. This means that there will be restrictions for approximately two weeks based on the current schedule
from the contractor, where if somebody wants to go into the Holiday Inn, if they are coming northbound, they will have to
go up El Lago, down La Montana, down the Avenue to Paul Nordin. If they are coming southbound, they can come up
the Avenue right over to Paul Nordin and access the Holiday Inn.
Mr. Mood advised that the construction for the project is approximately a week to a week and a half per the current
schedule. He said that the construction is anticipated to begin on December 6th of this year (the backup material states
12/6/2011, which is incorrect). He stated that the District did work with staff to begin the project after the "Stroll in the
Glow" event put on by the Chamber of Commerce. The project is also anticipated to be completed prior to the "Great
Fair" (February 25-27, 2011) excluding any unforeseen conditions.
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Mayor Schlum referred to the map, specifically Saguaro going north past El Lago, and asked if people would still be able
to get into the Plaza and Mr. Mood said yes, they can make a right into the Plaza. He further stated that SRP (Council
approved an easement for them at the last Council meeting) was going to do some work on El Lago to repair some
electrical lines that serve Fountain Park and that project is going to be delayed until this project is out of the way. Once
the contractor turns on to the Avenue of the Fountains the eastbound Avenue of the Fountains will need to be closed (the
Far East median will need to be closed eastbound). Westbound will still be open so if someone is coming east on the
Avenue, they will either turn at the latest at Paul Nordin or Verde River to miss construction. Once the contractor gets
past Paul Nordin, they will close the west half of the Avenue. The Community Services Department is aware of the
project and has attended meetings regarding the project and they are going to work with the Farmers’ Market and will let
them know which part of the median to set up on.
Mr. Mood referred to a copy of the schedule (enlarged copies were provided to the Council) and stated that it shows the
highlights. He added that the contractor anticipates repaving Saguaro on December 15th and then they will work up on
Avenue of the Fountains and will have that repaved by approximately the middle of January, 2011. They will then go
down La Montana during January and in February they will repave El Lago and so on. The final cleanup right now is
expected to take place on the 22nd of February. He said that staff has spoken with the contractor and if they are in the
process of crossing Saguaro at Gunsight, and at any time they fall behind schedule due to unforeseen circumstances, staff
will work with the contractor and have them put the project on hold to accommodate "The Great Fair."
Mr. Mood discussed the approved work hours for the project (Mondays through Fridays, 7:00 a.m. to 4:00 p.m.) and
stated that if the contractor wants to work weekends, they will have to request approval from the Town Engineer. He
added that the District will also be sending out a letter to businesses and the tenants and owners of the businesses
informing them of the project. The letter contains telephone numbers for the District, for the contractor and for the
Town's Inspector so if there are any questions, citizens will be able to access those resources. Mr. Mood indicated his
willingness to respond to questions from the Council.
Mayor Schlum thanked Mr. Mood for his presentation.
Vice Mayor Brown asked who determined the proposed schedule and Mr. Mood replied that the schedule was developed
by the contractor that will be doing the pipeline work. The Vice Mayor asked if there was a chance that the project could
be finished ahead of schedule and Mr. Mood stated that the schedule is an aggressive one but if they don't run into any
unforeseen conditions they might be able to finish ahead of schedule. He said that obviously the contractor is going to
want to complete the job as quickly as possible because it is economically beneficial for them to do that.
Councilmember Elkie pointed out that the project starts on December 6th and then the schedule calls for paving Saguaro
on December 15th and asked if the contractor anticipates having Saguaro completed by that date. Mr. Mood responded
that that is correct -- that is the portion of Saguaro from the Holiday Inn to Avenue of the Fountains.
Councilmember Elkie added that on December 15th they will be starting Avenue of the Fountains and paving it by
January 14th and Mr. Mood said that they might try to turn the corner with the pipeline first. He believes they are doing
some work first on the Avenue of the Fountains because if they look at the line item for December 14th, it says, "pave
Saguaro plus 100 feet of Avenue of the Fountains."
Councilmember Elkie explained that he is questioning this because the Town is going to have the Holiday of Lights and
everything that goes on the Avenue and he would hate for this to interfere with that and asked for some input.
Mr. Mood replied that the only conflict would be that there would be construction going on during the day but said that at
night the barricades would be up just for safety reasons.
Councilmember Elkie asked how much of the Avenue of the Fountains will be under construction and Mr. Mood advised
that "The Stroll in the Glow" will take place on December 4th, a Saturday, and the project will not begin until Monday,
December 6th. He concurred that the lights will be there through the whole holiday season and the contractor will only be
working on the south half of the Avenue; the north half will always be open and they will be working on the east half first
and then will transition to the west half.
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Mayor Schlum asked what date the east bound lane of Avenue of the Fountains (south side) will begin to be closed off at
Verde River (a detour at Verde River going east to Avenue of the Fountains at some point) and Mr. Mood advised that
that will take place when they turn the corner with the pipeline and come up the Avenue, which will happen fairly quickly
(approximately manhole two to four) about the first week in December.
Mr. Mood confirmed for Councilmember Dickey that this is strictly a Sanitary District project and not a Town project.
Councilmember Elkie said that this will start after the holiday lights event but asked if there is going to be any resulting
smells during the month because a lot of people go down there afterwards to see the decorations.
Mr. Mood stated that there might be minor odors when they tie into the existing manhole near the Holiday Inn but noted
that the new sewer that they are constructing will not have any flows in it. He said it is used for when they put the well
into operation (when they initially develop the well and need somewhere to put the water so they will put it into the sewer
system). He advised that if they ever do maintenance of the well or a couple of times a year they might need to purge the
well, then they can dump into the sanitary sewer system. He added that the sewer line is there for whenever the south half
of the Avenue does develop so a future developer could probably tie in as well.
Vice Mayor Brown asked if it was safe to assume that the open trench will be plated every evening and Mr. Mood said
yes, it will. He added that the trench will only be three inches deep.
Mayor Schlum said that the stretch of the Avenue between Verde River and Saguaro will be closed approximately
December 14th, and Mr. Mood responded that without having the plans in front of him he would say that the total length
of the project on the Avenue is roughly a one-month timeframe from start to finish (just on the Avenue) so he would
anticipate about half and half. He added that he could look that up and provide the information to the Council.
Councilmember Hansen asked if at night one lane of the eastbound Avenue will be open with barricades next to the trench
and Mr. Mood stated no, it will not.
In response to a question from Councilmember Elkie, Mr. Mood advised that staff had discussions and decided that it
would be best for the District and the contractor to make an in lieu payment and they will just patch the trench. He added
that they could have them do some slurry but if the bonds go forward they will be milling and overlaying those roads in
the next two to three years so it doesn't make a lot of sense for them to redo it. He further explained the in lieu payment
and said that the contractor will make a payment to the Town in the amount of $2.00 per square yard and the Town
receives those funds which can then go into the Street Maintenance Fund. He said that staff is still looking at that (as far
as sections that the Town does not anticipate redoing within the next couple of years).
Mayor Schlum stated that Avenue of the Fountains to the west is going to be closed for a period of time and Mr. Mood
explained that it is staggered and the entire project on Avenue of the Fountains will take about a month (one lane closed
for approximately two weeks and the second half closed for the same period of time).
Councilmember Elkie asked that in the event that the bonds do not go through, will the monies that they are going to be
collecting be able to be designated for the Avenue (to repair it and make it at least the way it is now or better) and Mr.
Mood said certainly, that would be done.
Councilmember Leger stated that the District provided staff with a copy of the letter, which is a draft, and it was
backdated October 29th and Mr. Mood changed the date to December 10th. He added that the intent is to get the letter out
as soon as possible after this meeting.
Councilmember Leger asked if the Town's Economic Administrator will play any role in this (two and a half months is a
long time period and some people will get a letter but some will not read it). He stressed the need for some follow up or
interim communications. He added that the letter is very clear that not all of the sections indicated will be impacted for
two and a half months and it might be helpful to perhaps include a timeline for when certain areas/businesses will be
affected.
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Mr. Davis advised that staff is also looking into some options with regard to signage to provide some alternatives to some
of the businesses that are being impacted in that area as well.
Mayor Schlum said it should say something about the fact that the businesses are open and to follow a certain route
(particularly for the Holiday Inn).
Mr. Davis concurred and stated that the Holiday Inn is going to have a sign that specifically directs traffic to the Fireside
Grill and Holiday Inn.
Mayor Schlum asked if there was anything that the Sanitary District wished to add.
Councilmember Contino thanked Mr. Mood and the Sanitary District and Engineering for putting this all together and
getting everything done. He said that they have done a great job.
Mayor Schlum concurred and wished them the best and a speedy completion. He stated that he is sure if anything comes
up that the Council will be advised.
AGENDA ITEM #3 – DISCUSSION RELATING TO COMMERCIAL A-FRAME SIGNS AND SPECIAL SALE
EVENT BANNER REGULATIONS.
Mr. Davis advised that it is that time of year again -- the holiday season and time to discuss the Town's A-frame
ordinance. He noted that without any action being taken the current Code would expire and the Council has before them
an opportunity to consider three options. He requested that staff be provided some specific direction relative to how the
Council wants to proceed (either renewing the ordinance, letting it expire or doing something different altogether or a
hybrid of all of those). He said that Gene Slechta will present that information at this time.
Planner Gene Slechta addressed the Council and said this is a discussion regarding the use of commercial A-frame signs
and special sale event banner regulations. He noted that on December 31, 2010, the usage of these two sign types is set to
expire. Section 6.08.B.13 of the Zoning Ordinances states, "No A-frame sign is permitted anywhere within the Town of
Fountain Hills after December 31, 2010" and Section 6.08.D.3 of the Zoning Ordinances states, "Banners, balloons and
pennants are permitted for events such as special sales events with advance notification to the Town for not more than
sixty (60) consecutive hours per month. The provisions of this subsection shall expire on December 31, 2010."
Mr. Slechta advised that in 2008, the Town Council initiated a request for the Planning and Zoning Commission to
examine the existing sign regulations in Chapter 6 of the Zoning Ordinance, make recommendations for improvement and
initiate changes to the sign regulations in the Zoning Ordinance. A subcommittee was appointed by the Planning and
Zoning Commission and assigned the task. In addition, proposed amendments were reviewed by the Planning and Zoning
Commission and the Town Council at Work Study Sessions.
Mr. Slechta further stated that on November 20, 2008, the Council approved amendments to the sign regulations in
Chapter 6 of the Zoning Ordinance. On June 18, 2009, the Council approved removing a restriction for A-frame signs
that required that they be no farther than 20 feet from the business entrance. The A-frame signs in Section 6.08B refer
only to business promotion and churches. They exclude real estate and garage sale A-frame signs. Those are addressed in
other sections of the Zoning Ordinance. The Council approved allowing A-frame signs and special sales event banners to
allow a review of usage of these signs (these signs were the most controversial included in the amendments approved in
2008) with an established expiration date of December 31, 2009. A year ago, based on an Open House and "drive
arounds," staff presented their report and asked for direction. The Council asked that staff prepare amendments to the
Zoning Ordinance that would extend the sign usage for one more year and asked that a permit process be created for A-
frames so that business owners would get educated as to the details of A-frame sign regulations. They also recommended
a nominal permit fee and suggested that businesses help "police" the usage of these signs (to allow review time and expire
on December 31, 2010).
Mr. Slechta reported that in January 2010, staff implemented a permit process for businesses to obtain A-frame sign
permits. Staff also reached out and visited 37 businesses to inform them of the details of A-frame usage and discuss the
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permit process. He said that the Council has been provided statistics on ordinance compliance levels for A-frame signs
and special sales event banners and added that compliance has deteriorated despite the staff outreach and the
implementation of the permit process.
Mr. Slechta provided non-compliance data to the Council (a complete copy of the presentation is available in the office of
the Town Clerk). He also discussed banners for special sales events and stated that it appears that the number of
businesses displaying banners this year has increased. He advised that the ordinance requires advance notice to the Town
of plans to display banners and reported that this year staff received ten such notifications and on a recent occasion he
found 17 businesses displaying banners, none of which had notified the Town. He referred to photos of several A-frame
signs that were out prior to the allowed start time (7:00 a.m.). He also showed a photo of a sign blocking another sign and
another sitting in a parking area and providing direction. He advised that staff is seeking direction from the Council on
these two sign types set to expire on December 31, 2010, and added that the Council can choose to take no action and let
the sign types expire, initiate a request for staff to draft an amendment to change the expiration date to next year or some
other date in the future, or initiate a request to staff to draft an amendment to remove the expiration date all together. Mr.
Slechta indicated his willingness to respond to questions from the Council.
Mayor Schlum thanked Mr. Slechta for his presentation and asked about the possibility of ending up with whatever type
of regulation it might be where the Town looks beautiful, the businesses all act in accordance with quality signage and
they don't need to spend resources on Code compliance, inspections and permitting. He added that he knows that is
unrealistic but that is his desire -- to not have regulations, just have businesses do what most of them do and that is have a
quality looking appearance. He noted that two years ago, they really did a "deep dive" into the sign regulations,
particularly A-frames, and asked whether that was guided by a committee that was put together with many members from
the Town's business community, to help the Council understand what would be beneficial to them as well.
Mr. Slechta advised that that is true -- in 2008 the committee was formed and made up of BVAC members as well as local
residents and other individuals.
Mayor Schlum commented that he believes the Council largely adopted what the committee came up with (after going
through Planning and Zoning). He said that it has worked fairly well, but they have also had to reduce Code Enforcement
staff so they moved to more of a complaint based/safety policy rather than a proactive one. He stated that more
businesses are utilizing signs but nine out of ten are in violation of the regulations that the business community helped to
write. He pointed out that they also have a tough business environment that they are trying to work through and asked the
Council for some input on this issue.
Councilmember Elkie asked how many resident complaints have been received over the last twelve months and said that
Code Enforcement has reported just a few. He added that in discussions with some of the businesses, some of the owners
have made comments about the signs and those businesses in particular that are displaying signs per the ordinance. He
said that they as well would like to see a little bit better compliance but the number of complaints received has been very
few.
Councilmember Elkie stated that he doesn't know whether there has been any particular eyesore around Town but he
would suggest that the Council look into allowing these to expire and see what happens after a year or even six months
(they could revisit the issue and possibly reinstate). He said that his concern right now is that businesses are struggling
and trying to do everything they can to survive but it seems to him, and it is probably due to the lack of Code Enforcement
Officers, that very few are following the rules that are in place. He added that he is not condoning that in any way but if
no one is obeying the rules that are in place to begin with and they allow the signs to stay then perhaps they are penalizing
those who are following the rules. He noted that it is not like there are a bunch of residents beating down the door and
complaining about the signs and he would encourage the Council to look at this (allowing the signs to expire) and if they
see that businesses are taking advantage of this, then perhaps they look at this issue again in six months or whenever staff
thinks it is necessary to bring it forward to the Council.
Mayor Schlum said that what Councilmember Elkie means by "letting them expire" means allowing the A-frames to
continue and Councilmember Elkie concurred.
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Town Attorney Andrew McGuire commented that letting the expiration happens means that A-frames will be prohibited
so they would actually need to take an affirmative action to move that deadline out to sometime in the future to allow
them to continue as they are today.
Councilmember Elkie advised that that was his intention and added that perhaps they could make them less restrictive as
well. He said if they have businesses that are not following the rules and they don't have residents complaining then
perhaps they could be a little more business friendly.
Councilmember Contino stated that he would like to see the expiration date removed for a while because with the
economy being the way it currently is people have to advertise and do their best to get their signs out to attract business.
He added that if they want to get the economy going but pull in all these signs that will be counter- productive. He said
that they need all the business they can get right now.
Councilmember Hansen noted that this appears under the strategic initiative of economic vitality and advised that Mr.
Davis shared today that Ms. Gary has been actively talking to some of the businesses and getting input from them on
some ideas they have to perhaps improve the ordinance and help them as well. She stated that she would like to see what
the ordinance would look like with some of that input included.
Councilmember Dickey said she knows the three options that have been presented but added that if they extended it for
six months or a year as suggested by Councilmember Elkie, what about confiscating the signs that are the most flagrant,
such as the one leaning up against a fire hydrant or blocking someone else's sign as mentioned by staff. She advised that
she has concerns about the people who came in, obtained the information and education, paid the $5.00 and then failed to
comply (91% of them). She stated that that does not seem fair to her and she doesn't see anything wrong with the
ordinance but it needs to be followed. She asked for suggestions for continuing the ordinance as it is for six months or a
year and a way to make it so that it sticks because if someone has to come in and get their sign then maybe they will get
more of a feel for what the rules really are. She added that some confusion exists as well and she has driven by and
looked at a banner and wondered whether it was allowed and later found out that it really wasn't. She advised that she is
not opposed to extending it but she is opposed to keeping things status quo because she has seen things that she doesn't
like at all.
Councilmember Leger stated that he is trying to recall the conversation and most of the current Councilmembers were
here. When they looked at this, they took a big leap of faith in terms of putting the A-frames back out there for people
other than realtors. He noted that they had a lot of discussion on this and brought the permit fee down to $5.00 and
minimized the ordinance significantly. He said that he is favor of extending this out for a year but at the same time
perhaps getting a clear message out that people need to do their part. He added that a permit is not a lot to ask and he
thinks that for those who have complied there is a mixed message out there. He commented that looking at the statistics
and from his own personal observations, they certainly can look at the ordinance. He likes that suggestion and thinks that
Ms. Gary's involvement in that is great. However, the things that are being abused here are not really that complex nor are
they really stringent. He noted that the biggest offenders are overnight signs and ones placed in the right-of-way and they
could look at perhaps minimizing this -- they need to address businesses that do not even apply for a permit. He
questioned what is so difficult about taking a sign in off of the sidewalk at night and putting it out again the next morning.
He added that he believes people would want to do that, especially if their signs start disappearing. He said that his main
concern is right-of-ways. He advised that there are things they would not want to take out of the ordinance, i.e. permit,
overnight and right-of-ways so he would like to see it extended for a year, have some type of communication plan in place
to let the business owners know that the Council is extending it and why but also that they expect some cooperation from
them. He noted that at the time Councilmember Brown made an argument for that -- let's do this but let's ask the
businesses to do their part as well so it will be mutually beneficial.
Councilmember Contino pointed out that some of the signs that they see out do have the stickers on them so there is no
excuse for that. He said that some of these signs are sitting right out in front of their businesses 24 hours a day and the
MCO Realty's Open House sign goes right back to the office. He noted that it is not an Open House and they have been
able to get away with it because the Town really doesn't have any restrictions on real estate signs. He added that he likes
Councilmember Leger's idea about extending it for a year because they have an economy that needs to have these
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businesses open and if they can't express that, they might as well close the businesses up (there are still a lot of them that
are going to close anyway).
Vice Mayor Brown also agreed that they should extend it for a year but said he wanted to caution everybody that some of
the ugliest meetings he has sat through had to do with A-frame signs. He stated that the economy is not very good so let
them do it but when the economy gets better and they go to them and say, "the economy is good now and we really don't
want you to use your A-frame signs any longer" they will probably look us in the eye and say that their business has
improved because of the A-frame signs. He stated the opinion that if they didn't have A-frame signs at all they would
probably be doing the same business they are now. He added that he is very leery about extending too much more
because at one point in time Saguaro Boulevard looked a little bit like 38th Avenue and Bell and it was not pretty. He
noted that he owns and runs a business that is financially suffering but he does not rely on an A-frame sign. He said he
feels really sorry for the abuse that the retail businesses are going through right now but again he wants to caution
everyone that when the economy does improve and citizens tell us that they are tired of looking at the A-frame signs, it
will be an uphill battle to get those signs taken off of the street. He stated that they have to be really careful about how
they are going to extend the policy. He added that if they were buying the permits and putting the signs away at night that
would be one thing but businesses on the whole are not doing that. He stressed the importance of not letting this get
completely out of control again.
Councilmember Contino said if they have to have more control on this, do people need a permit if they have an arrow on
their signs. He advised that some of the businesses that are out there have arrows on them and they have obtained permits
from the Town.
Mr. Slechta said that that is true but if he was to show them the actual permit that got approved, it did not have an arrow
on it.
Councilmember Contino asked if it was a picture of one or did they just draw it?
Mr. Slechta replied that they can draw it or they can have a photo. He added that what typically happens is when they
bring in a photo or hand drawing of the sign they are proposing and it's got an arrow on it he will tell them please white it
out or do something, just remove the arrow and the permit will be approved.
Councilmember Leger said that he remembers previous discussion about this not being proactive but rather complaint
driven and said even in light of complaints the Town is not enforcing.
Mr. Slechta responded that the Code Enforcement Officer only acts on official complaints. He said the Officer does not
talk to the violator and tell the person their sign is in violation because, for example, it was out all night, etc. He added
that the only exception is if the Officer sees that the sign is a hazard (in the middle of a sidewalk) then he will speak with
the owner.
Councilmember Leger stated that he knows they don't have the labor force, but is there a way they can get the message out
to business owners that if the Council decides to extend this for a year it is really contingent on their performance (the
continuation of this program is really up to them to comply).
Mr. Slechta pointed out that last year the objective of the permit was to get the businesses to come in so they could sit
down and go over the rules and help them along so that the permits could be issued and the signs could be displayed
appropriately. He noted that he did an outreach program and visited over 40 businesses and handed out packets of
information, had discussions and told them about the ordinance change and asked that they come in. He added that he
also contacted the Chamber and asked them to communicate to the businesses so beyond that he doesn't know what else
they could do.
Councilmember Leger stated that for example if staff went out late one evening and picked up all of the signs that were
left out and brought them back to Town Hall, would that get anyone's attention?
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Mr. Slechta said that such an action would certainly get their attention. He noted that a few times businesses have had
signs stolen and the first thing the business owners did was call Town Hall and ask about the signs and whether staff had
picked them up for any reason.
Councilmember Leger advised that he is not trying to be heavy handed but he is simply suggesting that there needs to be
some kind of action taken just to communicate clearly to people what the issue is. He pointed out that some signs are out
overnight over the weekend and the businesses are closed all weekend. He added that he doesn't want to get into a
freedom of choice discussion.
Councilmember Contino asked if at one time the Town fined people when they did not bring their signs in when they were
supposed to because he remembers that a particular restaurant got fined after they had been warned three times.
Mr. Slechta stated that that pre-dates his involvement with A-frame signs but he can tell the Council what the penalties are
today per the ordinance -- confiscation of the sign and a maximum of a $25.00 fine for the first occurrence within a 12-
month period of time.
Councilmember Contino asked if that could be done when the people have to come to Town Hall to retrieve their signs
(charge them the $25.00 fine) and Mr. Slechta said that is certainly possible. Councilmember Contino stated that perhaps
that would answer Councilmember Leger's question.
Councilmember Leger reiterated that he is not trying to be heavy handed but they can't have a repeat of these statistics,
91% non-compliance. He noted that they are not talking about picky little things here, they are talking about being in the
right-of-way and signs left out overnight. He added that he was simply suggesting that if the Town picked up the signs,
brought them to Town Hall and didn't fine people and they came to pick up their signs, it would be an opportunity in a less
heavy handed way to say there are some requirements in place, these are the reasons why your sign was picked up, here's
your sign back and please try to take it in at night. He said that he was not suggesting fines or heaviness; he was just
suggesting a subtle way to get the message across to people who are not following the regulations. He stated that he
recalls this discussion the last time they had it and the Council was going to look at the policy this year and if there was
non-compliance there was agreement among the group that they were going to discontinue this policy. He said that now
they are back here discussing it again and there are more violations than he ever imagined and they are still continuing it,
which he thinks they should do but there needs to be some little "tweak" there (not monetary fines) that get the message
out.
Councilmember Dickey reiterated her previous comment regarding confiscating the signs, as they do political signs, and
stated that that is something that they could look at doing. She said she doesn't know if that would have to be an
ordinance or just an internal way of dealing with the 91% non-compliance rate. She said that if they could do that she
would be in favor of extending the policy for a year.
Mayor Schlum noted that they would have to talk about enforcement and staffing with Mr. Davis but that is obviously one
option to consider. He said that one of the reasons they went to the complaint based enforcement in this area was because
of low staffing levels and because the Council and society is sensitive to giving businesses as much leeway as possible
right now. He stated that the challenge with businesses right now is that they are having more and more struggles so
people are pushing the envelope and doing more. He added that some of the people he has talked with just know what
brings in results and if it comes down to putting something huge outside the business that gets someone's attention, they
quantify it by saying it brought this many more people in. He advised that their job then is to determine when that
infringes on someone else's enjoyment in the community and where should the line be drawn.
The Mayor stated that the businesses that are seeing results by doing more and more things that are not within the
ordinance are doing so because they are seeing some results or they think they will see some results so they have to ensure
the quality of life and maintain the beauty of Fountain Hills. He reported that he has received many complaints about A-
frame signs and how they are beginning to look shoddy and there are some instances of that but not to any great extent.
He said that generally the business community does a good job and what he has seen more and more of are the special
event type of banners flapping in the breeze because they are placed on two metal stakes and it just doesn't look right. He
stated that he has seen some people put them up on their buildings and they can look kind of nice. He pointed out that
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businesses said that they needed more exposure so about a year ago the Council agreed to double the amount of signage
allowed on windows. He stated the opinion that the Council has been reactive to the businesses' needs. He added that it
all comes back to enforcement and how to draw the line while being sensitive to the business community. He noted that
in the end he wants to see something that looks good and if it means allowing them greater signage (professional signage)
then he thinks they will need to do that and he doesn't believe it will make much of an impact right now because
businesses don't have the money to spend on additional professional signage. He said that right now they want to put up
additional inexpensive signage and again they need to talk about enforcement because maybe just getting the message out
that they can't leave the signs out overnight or place them in the right-of-way, etc. will solve a majority of the problem.
He agreed that the problem is starting to spread and he doesn't want to overlook the banner signs out there flapping in the
wind or signs that are left out for long periods of time.
Councilmember Elkie expressed the opinion that he thinks it would be a good opportunity, instead of just continuing this
for a year, for discussion with the Chamber and the businesses, especially if they come down to Town Hall where they can
be re-educated and get them talking to Mr. Slechta and find out what violations are occurring and remind them that the
policy is what the business community proposed to the Council and now this is how many violations we are seeing. He
added that if there are a few "tweaks" that the Town can live with as far as the current ordinance, such as putting up a
banner at different times and not just one time for 60 consecutive hours a month, perhaps those types of things can be
worked out. He said that this is just a thought but it would be a good opportunity to get everyone to come in and remind
them of all of that.
Mayor Schlum stated that that is the key because the Council wants to empower businesses to be able to utilize signs that
make sense but don't exactly fit into what is in place now. He added, however, that once they say that they are going to
allow more banners, without enforcement or communication, it will just spread. The Mayor stressed the importance of
achieving balance. He agreed that they should bring the businesses back in and ask them to help the Town understand
what little "tweaks" can be made to help them and perhaps they can reach a happy medium. He added that right now it
appears they are looking to extend this so it doesn't expire and then they will get with the business community to "tweak"
it to some extent to see where they can improve it to allow greater visibility that looks good. He said they can ask the
Town Manager and staff to speak to enforcement and determine how they can best communicate and handle the signs that
are eyesores.
Town Manager Rick Davis stated the opinion that the community is not unique in the State or nationally as far as
struggling with some of these issues and trying to find ideas that communicate that they are open for business. He said
that they are trying to help businesses even if by emotional tokens or gestures that make the business succeed. He added
that he doesn't know to what degree A-frames are effective in bringing in business. He advised that he used to work for a
downtown group doing marketing and the idea back then among merchants was coupons. He stated that the Town has
received feedback as a result of Ms. Gary's meetings with the leasing agents along Shea and other places and they
continue to request that the Council again review the Sign Ordinance relative to monument signs. He added that they
have had issues with advertising in windows, neon signs, etc. and said that they are not just talking about A-frames; it is a
variety of things.
Mr. Davis commented that everyone clearly thought that they would be growing again -- that is what they said about 2010
-- but it just has not materialized and he knows that many communities are struggling to find a way to help out in
whatever way they can. He said that the businesses want to at least let people know that they are open for business and he
agreed that the Town wants businesses to succeed in the community. He added that beyond just making a gesture he
thinks there are some substantive things that they could visit given the extraordinary times they are in to make things a
little easier on businesses while still preserving the quality of life and aesthetics of the Town.
Mr. Davis discussed enforcement and noted that they have previous little resources available to conduct any kind of
enforcement program and added that they are doing their very best right now with what they have. He advised that staff is
happy to do whatever the Council decides, particularly retrieving signs from some of the more obvious violators. He said
that business owners want to make sure that the playing field is level and staff is happy to do their best to do that if the
Council would like staff to proceed. He stated that he is hearing that Council wants staff to bring back an extension of
this ordinance and recommended that they work in the manner that they have in the past and revisit BVAC, the Chamber,
businesses -- the community stakeholders that they utilized before -- to bring back to the Council in that period of time
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some measures that make sense, preserve the community and, at the same time, allow businesses a little more latitude if
that is possible.
Mayor Schlum stated that what Mr. Davis has said is in line with what he has heard from the Council this evening. Mr.
Davis noted that staff would touch on several aspects of the Sign Ordinance and not just A-frames (monument signs, signs
in windows, etc.).
Mayor Schlum asked Councilmember Hansen if what is being proposed covers what she had brought up or whether there
was something additional she would like to add since her initial comments. Councilmember Hansen agreed that they have
to look at more than the A-frames; they have to look at the bigger picture. Mayor Schlum concurred and stressed the
importance of obtaining input from the business community regarding how the Town can help them be more successful.
Mr. Davis said that he thinks they are going to have to ask that question more and more.
Councilmember Elkie commented that one of the things that he would also suggest is when staff is speaking with the
business community they should use the statistics that Mr. Slechta presented this evening and say, "you came to us last
year and these are the ones that are not currently in compliance." He added that it is important for them to know that the
Town needs them to police themselves and make sure that everyone is on the same page.
Mr. Davis said that he doesn't believe that any community has the resources to enforce a law when there is 91% non-
compliance and added that they are dependent on self policing.
Councilmember Contino stated that he believes the Council has pretty well hashed this one out but he believes they could
have the paper put an article in from the Town regarding the signs and utilize the Chamber, speak at their breakfasts and
other meetings, and ask them to talk to the businesses to get the maximum word out.
Mayor Schlum noted that the 20% of the illegal signs that are causing 80% of the problem should be confiscated and
when those people come to Town Hall to pick up those signs, staff will explain why the signs were removed, re-educate
the business owners, listen to their input and seek future compliance.
Mr. Davis advised that that is his understanding and staff will begin to immediately do that.
Mayor Schlum suggested that Mr. Davis makes sure that the word gets out there for a week or so before the signs are
removed to allow business owners the opportunity to come into compliance on their own before the Town has to step in.
Councilmember Leger stated the "immediate thing" concerns him and suggested that the Town put together an educational
brochure that basically says, "We have done this, we want to continue doing this, this is the issue, and it is important that
they police themselves, etc." He said that we tell them that in the event that the violations continue, the Town will have
no other choice but to start confiscating the signs in violation. He added that they should get the brochure together and
provide them to the business owners before they begin confiscating signs.
Mr. Davis said that he would be happy to do that.
Mayor Schlum again thanked Mr. Slechta for his presentation.
AGENDA ITEM #4 – ADJOURNMENT.
Councilmember Contino MOVED to adjourn and Councilmember Leger SECONDED the motion, which CARRIED
UNANIMOUSLY (7-0). The Work Study Session adjourned at 7:39 p.m.
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THE SCHEDULED EXECUTIVE SESSION WAS CANCELLED.
EXECUTIVE SESSION
* CALL TO ORDER
AGENDA ITEM #5 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO §38-
431.03(A)(3), DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR
ATTORNEYS OF THE PUBLIC BODY (SPECIFICALLY, RELATING TO PROPOSITION 203).
AGENDA ITEM #6 - ADJOURNMENT
THE SCHEDULED EXECUTIVE SESSION WAS CANCELLED.
TOWN OF FOUNTAIN HILLS
By ______________________________
Jay T. Schlum, Mayor
ATTEST AND
PREPARED BY:
__________________________________
Shaunna Williams, Recording Secretary
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Work Study and Executive
Sessions held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 9th day of November,
2010. I further certify that the meeting was duly called and that a quorum was present at the Work-Study Session.
DATED this 20th day of January, 2011.
_________________________________
Shaunna Williams, Recording Secretary