HomeMy WebLinkAbout2002.0215.TCSEM.Packet (b. 4,7 - \V'c NOTICE OF SPECIAL AND EXECUTIVE
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SESSION OF THE
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W atisp FOUNTAIN HILLS TOWN COUNCIL
Mayor Morgan
Councilwoman Hutcheson
Vice Mayor Kavanagh
Councilwoman Fraverd Councilwoman Ralphe
WHEN: FRIDAY, FEBRUARY 15, 2002
TIME: 2:00 P.M.
WHERE: TOWN HALL TELECONFERENCE ROOM
16836 E. Palisades, Building A
• CALL TO ORDER—Mayor Morgan
(hp- • ROLL CALL
1.) Consideration of the PERMANENT EXTENSION OF PREMISE/PATIO PERMIT submitted by Orhan
Kraya for Euro Pizza Café located at 12645 North Saguaro Boulevard. The permit is a permanent extension of
Euro Pizza Café's liquor license to a fenced patio area adjacent to the restaurant.
2.) Pursuant to A.R.S. 38-431.03.A.1, VOTE TO GO INTO EXECUTIVE SESSION for discussion or
consideration of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining
or resignation of a public officer, appointee or employee of any public body, except that with the exception of
salary discussions, an officer, appointee or employee may demand that such discussion or consideration occur at
a public meeting. The public body must provide the officer,appointee or employee with such personal notice of
the executive session as is appropriate but not less than 24 hours for the officer, appointee or employee to
determine whether such discussion or consideration should occur at a public meeting. The Council will be
discussing personnel issues with the Acting Town Manager and Public Safety Director.
3.) RETURN TO SPECIAL SESSION AND ADJOURNMENT.
DATED this 146'day of February,2001.
By: t- �
Cassie B. Hansen,Director of Administration/Town Clerk
coy The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1-
800-367-8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION
Date: 2/14/2002
Re: AGENDA ITEM #1 — EURO PIZZA CAFE PERMANENT EXTENSION OF
PREMISE
AGENDA ITEM #1 — EURO PIZZA CAFE PERMANENT EXTENSION OF PREMISE
Orhan Kraya is requesting to permanently extend his Class 12 liquor license for Euro Pizza Cafe to an
adjacent area on the patio east of his establishment. A number of issues were addressed regarding this
request including permission from the property owner, square footages, and security. Interim Community
Development Director Jesse Drake reviewed the request with special attention given to the additional
parking that would be required if the application was approved. Victoria Properties has agreed to allow
the additional thirteen parking spaces needed to accommodate the additional seating area to be deducted
ilk from the allowance for future tenants. Please see the attached memo from Jesse and Victoria Properties.
Marshal Gendler worked with the Liquor Department regarding liquor law issues. State liquor law states
that the license holder is responsible to contain the alcohol and does not specifically require a contiguous
enclosure. Our state liquor agent has stated that although the law does not dictate a contiguous
enclosure, they prefer it and, would totally support the Town's stricter regulations. Euro Pizza's request
includes such an enclosure and is consistent with the outdoor area approved for Grapeables last
November. Please see attached memo from Steve.
Staff is most appreciative of the Council's willingness to consider this request in a special meeting. Mr.
Kraya submitted his original request a number of weeks ago but it was apparently misplaced during staff
transitions. As soon as he recreated his request, all departments expedited the process to assist him in
getting his permit as quickly as possible. We appreciate your prompt response to our request for a special
meeting. Based on the written permission from the property owner, the compliance with the Shared
Parking Agreement, and compliance with applicable state laws, staff recommends approval of the
permanent extension of premise with the stipulation that all gates are three feet wide and
open outward per Community Development's request.
fir.
Page 1 of 1 February 15,2002 Agenda Items Last printed 2/14/2002 1:40 PM
2/14/2002
Marshals Department
Memorandum
To: Cassie Hansen, Administration Director
From: Steve Gendler, Public Safety Director
Date: 2/14/2002
Re: Extension of premises permit— Euro Pizza Cafe
The purpose of this memorandum is to provide an endorsement of the attached application
from Euro Pizza Cafe. They are requesting a permanent extension of premises to allow liquor
sales and consumption on the common use patio area adjacent to their restaurant. It is my
understanding that this item will be considered at a Special Council Meeting.
Background: Euro Pizza Café is located at 12645 Saguaro, Suite #11, in the Plaza
Fountainside center.
They have a valid class 12 liquor license, approved by the Council on October 5, 2000, which
allows on premise liquor sales incidental to the service of food under ARS 4-205.02.
Our records indicate that there has been a warning issued by the state liquor department for
serving alcohol outside the restaurant on the unfenced, common use patio.
Request: Mr. Kraya is attempting to extend his premises to the common use patio area
directly behind his restaurant. His intention is to provide customers with outdoor seating to
make best use of the Fountain Park location. The request constitutes a permanent extension
of premises so as to ensure that liquor sales and consumption are restricted to a confined
area. To accomplish this, he is proposing a fenced enclosure similar to that erected by an
adjacent license holder at Plaza Fountainside.
It is my understanding that Mr. Kraya has secured approval of the property management
company that operates Plaza Fountainside and submitted a request for a permit from the
Community Development Department.
Endorsement: This memorandum addresses only the liquor control aspects of the
application and not the extension of premises under the zoning regulations.
The applicant is attempting to ensure that liquor sales and consumption are restricted to the
premises as required in ARS 4-244.31. I have spoken with Adam Palubeskie of the State
Liquor Department regarding the proposal and verified that it is consistent with liquor
regulations. We have jointly inspected the proposed extension area as well as reviewing the
method of enclosure and are satisfied that it will be in compliance with liquor control
guidelines.
Recommendation: Since the proposed fenced enclosure is consistent with a precedent set
with an adjacent license holder, the applicant has secured approval from the property
management company overseeing Plaza Fountainside, and the request meets all
4110 requirements under the liquor regulations, I recommend approval of the application at the
Special Council Meeting.
Town of Fountain Hills
Memorandum
DATE: February 22,2002
TO: The Mayor and Town Council
THROUGH: Roy Pederson,Acting Town Manager
FROM: Jesse Drake,Interim Director of Community Development JD
Dana Burkhardt,Senior Planner
SUBJECT: Consideration of an Application for Extension of Premises/Patio Permit for
Euro Pizza Café located at 12645 North Saguaro Boulevard.
SUMMARY:
The applicant, Mr. Orhan Kraja, has requested an extension of Premises to allow outside seating at
the Euro Pizza Café located in the Plaza Fountainside retail center. The Community Development
Department has reviewed the application with special regard for the additional parking that will be
required if this application is approved.
The Plaza Fountainside management group,Victoria Properties, maintains a parking agreement with
the Town that accommodates shared parking for both the retail and park uses. The applicant's
request can be accommodated within the allowable parking, but the necessary thirteen additional
parking spaces will be deducted from the amount available for any future tenants.
EVALUATION:
The Community Development Department supports the concept of outdoor seating and restaurant
services in appropriate locations.
Staff has reviewed the site plan and made notations to the plan that require that all gates are three feet
wide and open outward.
Historically, Victoria Properties has anticipated a major restaurant anchor in the center that would
require parking at a higher ratio than that of non-restaurant users. It is possible that approval of this
application could compromise the anticipated future restaurant size. Victoria Properties is aware of
the parking agreement and has delivered a consent letter to the Town in regard to this application.
RECOMMENDATION:
Staff recommends approval of the Application for Extension of Premises/Patio Permit for Euro
Pizza Café with one stipulation:
ce1. All gates are three feet wide and open outward.
ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL
�tf� RECEIVED
�`�'' 400 W Congress#150
4kir 800 W Washington 5th Floor � � t „
Phoenix AZ 85007 �� ZQ�� Tucson AZ 85701
(602) 542-5141 y 4� cOtI TAIN HILLS , (520) 628-6595
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APPLICATION FOR EXTENSION OF PRENIISES/PATIO PERMIT I
t Permanent change of area of service
0 Temporary change for date(s)of:
1. Owner or Agent's Name: c_;k/i tit N'
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Last First Middle
2. Mailing Address: 12 6 ScCi ,— ,i' - t<a it`./ t, /, /-.P(%,' I ,^!- E:
city r State Tip
3. Business Name: L, ,-L r ( 2 I? C_ _e LICENSE#: ` ' _ / ^?` " N
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4. Business Address: =„«-z-,I c- L, �'lL--�_
City COUNTY State Zip
5. Business Phone:l—.( V try ` e J ' -C z c 13 Residence Phone:( )
6. Are you familiar with Arizona Liquor Laws and Regulations? L YES 0 NO
7. What security precautions will be taken to prevent liquor violations in the extended area? 'Le vt \ ^•1 C-C----
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8. Does this extension bring your premises within 300 feet of a church or school? 0 YES 'NO
9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES
AND WHAT YOU PROPOSE TO ADD.
****After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or Designate for
their recommendation.
•
in premises is MMENDED by the local Board of Supervisors,City Council or Designate:
(Authorized Signature) (Title) (Agency)
I, OR 014 N --ik'A— VA— ,being first duly sworn upon oath,hereby depose,swear and declare,under
(Print full name)
penalty of perjury,that I am the APP making foregoing application and that the application has been read and that the contents
the ;. a. tatements c • in are true,correct and complete.
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SUBSCRIBED IN MY PRESENCE AND SWORN TO.before me
(Signature of Owner or Agent) �'• i;i,:"`
this day of • N' "' Public Arizonai,,,
r t o��(J
' 1 9 tMy commission expires on: a/h--L r/ Z(�V jj A,` onrErpites
(Signature of NOTARY PUBLIC)
Investigation Recommendation: Date: / /
Licensing Approval: Date: / /
*Disabled individuals requiring special accommodation,please call the Department.
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Feb-12-2002 13:23 From—VICTORIA PROPERTY 4803036704 T-533 P.001/002 F-283
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VICTORIA PROPERTIES
MANAGEMENT , LLC
549 S . 48TH STREET , SUITE # 108
TEMPE , AZ 85281
( 480 ) 303 - 6701 - PHONE
( 480 ) 303 - 6704 - FAX •
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Feb-12:2002 14:51 From—VICTORIA PROPERTY 4803036704 T-536 P 001/001 F-288
VICTORIA PROPERTIES
MANAGEMENT , LLC
549 S . 48TH STREET , SUITE # 108
TEMPE , AZ 85281
( 480 ) 303 - 6701 - PHONE
( 480 ) 303 - 6704 - FA. X
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Fab-12-2002 13:23 From-VICTORIA PROPERTY 4803036704 T-533 P.002/002 F-283
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VICTORIA PROPERTIES MANAGEMENT,LLC
February 12, 2002
Community Development Department
Town of Fountain Hills,
16836 E. Palisades Blvd.,
FOUNTAIN HILLS, AZ
85269 (Delivered via fax: 480-837-3145)
Attention: Ms.Jessie Drake
Dear Ms. Drake;
L Re: Authorization for Euro Pizza Cafe to Extend
Operations of Restaurant to Contiguous Patio
The purpose of this letter is to confirm that Plaza Fountainside, L.P., Landlord of Plaza
Fountainside, has consented to the use of outdoor patio space by the restaurant known as
Euro Pizza Café.
We trust this letter provides your office and that of other persons concerned with this
matter, sufficient notice and communication of the Landlord's consent.
Yours truJly,
VIC RIA PROPERTIES MANAGEMENT, L.L.C.
Per: Jeffrey R. Simpson
549 SOUTH 48TH STREET,SUITE 108 • TEMPE,ARIZONA 85281 • OFFICE (480) 303-6701 • FACSIMILE (480) 303-6704 • WWW.vPMANAGEMENT.COM