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NOTICE OF WORK STUDY SESSION
OF THE
FOUNTAIN HILLS TOWN COUNCIL
Mayor Jon Beydler
Councilman Rick Melendez Councilwoman Kathy Nicola
Councilwoman Leesa Stevens _ Councilman John Kavanagh
Councilman Mike Archambault Vice Mayor Susan Ralphe
WHEN: TUESDAY, FEBRUARY 11, 2003
TIME: 6:00 P.M. — 7:30 P.M. - WORK STUDY SESSION
WHERE: COUNCIL CHAMBERS
16836 E. Palisades Blvd., Building B
PLEASE NOTE:
The primary purpose of work session meetings is to provide the Town Council with the opportunity for in depth
.1scussion and study of specific subjects. Public comment is not provided for on the agenda and the public is
asked to refrain from comment.
• CALL TO ORDER— Mayor Beydler
• ROLL CALL
1.) Discussion with possible direction to staff regarding the proposed sign ordinance.
2.) Discussion with possible direction to staff regarding the draft of the Council Rules of Procedures.
3.) Discussion with possible direction to staff regarding the status of the law enforcement issue.
4.) Establish next meeting date.
5.) ADJOURNMENT.
DATED this 7th day of February, 2003
Cassie B. Hansen, Director of Admin/Toxvn Clerk
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 attend this meeting or to obtain agenda information in large
\,.nt format.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
Town of Fountain Hills Page 1 of 1 Last printed 02/07/03 4:15 PM
MR
TOWN OF FOUNTAIN HILLS
PLANNING DEPARTMENT
Town Council Workshop
TO: Mayor Beydler and Town Council
DT: February 7, 2003
FR• Denise Ruhling, Planne >
Through: Tom Ward, Public Works Director
RE: Case #Z2003-01, Updates to Article 6 of
the Zoning Ordinance (Sign Requirements)
The following is a page by page brief of the proposed changes to the Sign Requirements
contained within Chapter 6 of the Zoning Ordinance.
Pages 1— 6 Definitions have been updated and new definitions added to provide clarity to the
ordinance.
Pages 7 & 8 Adds requirements and outlines for permitting, violations and enforcement.
Pages 9 - 12 Changes to spelling and grammar.
Page 13 Paragraph 1 (16) Prohibits wall and window signage above first floor.
Paragraph K Language added to restore land or site to its original state.
Page 14 No changes.
Page 15 Table added for allowed signs.
Page 16 Paragraph 1(a) allows additional sign calculations for corner buildings.
Paragraph 2 prohibits A -Frame Signs after January 1, 2004, and lists
requirements of display.
Page 17 Paragraph 3 specifically allows Awning/Canopy signs.
Paragraph 4 changes the method in which banners are allowed and gives the
businessperson the opportunity to decide the shape of banner.
Page 18 Paragraph 9 sets forth requirements for Flags.
Page 19 Paragraph 9 (g) provides requirements for monument signs.
Page 20 Paragraph 13 provides requirements for Garage Sale Signs.
Page 21 Paragraph 14 adds information for speaker boxes and LED boxes in association
with menu boards.
Page 22 Paragraph 16 allows neon signs and provides requirements.
Paragraph 17 lists requirements for "Open House Directional Signs".
Page 23 Paragraph 19 lists requirements for Projecting Signs.
Page 24 Paragraph 23 adds requirements for Under Canopy Signs.
Page 25 Paragraph 24 changes some of the requirements for wall signage including a
limit to coverage of wall and adding secondary entrance wall signage allowance.
Paragraph 25 for window signage adds, as allowed, a two square foot area to be
used for business address and hours of operation outside of the total aggregate
sign area.
Page 26 Paragraph 26 adds the specific use of holiday decorations/paintings and
requirements.
Paragraph 27 adds requirements for a Comprehensive Sign Plan.
TOWN OF FOUNTAIN HILLS ZONING ORDINANCE
CHAPTER 6
SIGN REGULATIONS
6.01 Purpose. These Sign Regulations are intended to encourage attractive signage for
businesses and services that optimize the availability of information, while promoting the
general welfare by creating a more aesthetically appealing community.
6.02 Definitions. The following definitions shall apply; interpretations of these definitions shall
be the responsibility of the Community Development Director.
Abandoned Sign: A sign that is no longer associated with the location, product or activity
conducted on the premises on which the sign is located.
Advertising Copy: Copy that includes, but is not limited to phone numbers, prices,
announcement of sales, business hours, meeting times, individual or specific product or
merchandise, and directional information.
Advertising Sign: A sign which includes any copy and/or graphics relating to any business,
service, product, person, organization, place, or building in addition to simple identification.
A -Frame Sign: A temporary sign normally supported by its own frame in a manner that
usually forms an "A" when in use. Also called a sandwich sign or tent sign.
Animated Sign: A sign with actual motion, including light changes or color changes, or the
illusion of motion.
Awning: An architectural projection or shelter projecting from or supported by the exterior
wall of a building and composed of a covering of rigid or non -rigid materials and/or fabric
on a supporting framework that may be either permanent or retractable, including such
structures which are internally illuminated by fluorescent or other light sources.
Awning Sign: A sign displayed on, or attached flat against, the surface or surfaces of an
awning or any other surface attached to a building that provides shelter
Ballast: The portion of a sign required to operate a fluorescent lamp.
Banner: A temporary sign composed of fabric, plastic, or other pliable material on which
advertising copy or graphics may be displayed.
Bench sign: A sign painted on or affixed to a bench.
Billboard: A permanent off -premise outdoor advertising sign erected, maintained or used
for the purpose of commercial or non-commercial messages.
Building Mounted Sign: Any sign mounted onto the vertical surface of a building, also
called a Wall Sign.
Cabinet Sign: A frame constructed to hold internal components and covered by a face to
hold the advertising sign.
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
f Canopy Sign: See definition of Awning Sign.
Changeable Copy Sign: A sign constructed to hold individual letters or individual text
sections that are mounted in or on a track system. Changeable copy signs are usually used
as Directory Signs.
Channel Letter: Individual letters constructed to be applied singly in the formation of a
Building Mounted Sign or a Freestanding Sign. Channel letters may be illuminated or non -
illuminated.
Direct Illumination: A sign that is constructed with a light source that is externally
mounted. Also called Exterior Illumination.
Comprehensive Sign Plan: Comprehensive Sign Plans are required in all Commercial
Zoning Districts for multi -tenanted buildings or shopping centers. The Comprehensive
Sign Plan shall be reviewed and approved by the Community Development Director or
designee and conform to the sign regulations contained in this chapter. A multi -tenanted
building is a building complex or center that contains any number of businesses, greater
than one, that share the same site and use common points of ingress and egress to and
from the site.
Copy: The text, graphics or message of a sign.
Directional Sign: A sign, supplying pertinent directional information for the purpose of
assisting a governmental interest in the flow of vehicular or pedestrian traffic flow and
safety.
ENTER IIII
Example Directional Sign
8
�F
2014
,J,J,J,J JJ,J
Directory Sign: A sign listing the names and/or uses, and/or locations of the various tenants
or activities within a building, or in a multi -tenant development, or group of buildings.
Directory Signs may be constructed as Changeable Copy Signs.
Electronic Message Center: A sign that uses computer -generated or electronic means to
change advertising copy, messages or color, including signs that flip or rotate.
Face, Letter: The exterior side of an individual letter or individual graphic element.
Face, Sign: The area enclosing the copy and graphic components of a sign.
Flag: Includes the United States, State, corporate flags for registered corporations, flags of
foreign nations and decorative flags.
Page 2 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
• Fascia Sign. A sign, which is permanently affixed to the horizontal member or surface at
the edge of a projecting or slanting roof .
Example Facia Sign
ROOF
FA51A
51GN
WALL -
Flashing Sign: A sign with an intermittent, repetitive or flashing light source.
Freestanding Sign: A sign that has its own supporting structure independent of the
building or business it identifies.
Frontage, Building: The linear measurement of an exterior building wall or structure that
faces the public roadway.
Front Lit Letter: An internally illuminated individual letter or graphic component of a sign
that has a translucent face.
Fuel Price Sign: A sign displaying the price(s) of fuel.
Ground Mounted Sign: A freestanding sign with no visible base.
Halo Illumination: Wall or freestanding signs having the sign lighting constructed so that
the light for the entire sign, or the light for each individual component of the sign, is directed
against the surface behind the sign or sign component, producing a halo effect.
Holiday Window Decorations: The decorative display of holiday themed decorations or
window painting.
Identification Sign: A sign, which contains only the name of the business, person,
organization, place, or building at that location.
Ideological Sign: A sign, which expresses, conveys, or advocates a non-commercial
message.
Illuminated Sign: A sign, which is lighted, either externally or internally.
Internally Illuminated Sign: A sign constructed with a light source behind the face of the
sign.
Logo: A graphic design representing a product, identity or service.
Page 3 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
Mansard Roof: A roof style composed of a combination of a steep semi -vertical plane
connected to a flatter plane. Any sign proposed for a building with a mansard roof shall
have the top of the sign mounted no higher than the lowest point of any portion of the
roofline.
Menu Board: A changeable sign orientated to the drive-thru lane for a business that
advertises the menu items or services available from the drive -through window.
Mobile Sign: See portable sign definition.
Monument Sign: A Ground Mounted Freestanding Sign identifying a multiple -
occupancy development such as a shopping center, office building or planned industrial
park, which has multiple suites, offices or tenants. A Monument sign shall be a part of
the signage regulated by a Comprehensive Sign Plan.
Monument Si
Freestanding Monument Signs
SIGN
2
8'
SIGN
SIGN
SIGN
E -
10 i
0
SIGN
SIGN
SIGN
M
$
si�N
m SIGN
SIGN
SIGN
SIGN
`V
N
SIGN
Height x 0.6 Height x 0.5 Height x 0.4
Maximum Width
Multi -Tenant Building Identification Sign: A sign for a building complex or center that
contains any number of businesses, greater than one, that share the same site and use
common points of ingress and egress to and from the site.
Page 4 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
® Neon Sign: Any sign that uses neon, argon or any similar gas to illuminate transparent or
translucent tubing or other materials, or any use of neon, argon or any similar gas lighting
on or near the exterior of a building or window.
Open House Directional Sign: A temporary sign, with directional arrow, directing
pedestrian or vehicular travel to the property or premise for sale, lease or rent.
Pan Channel Letter: An individual letter of a sign constructed so that the sides and back
of the letter are one unit.
Parapet: An extension of a vertical building wall above the line of the structural roof.
Parapet Sign: A sign mounted to the face of a building parapet.
Pennant: Any lightweight plastic, fabric, or other material, whether or not containing a
message of any kind, suspended from a rope, wire, or string, usually in series, designed to
move in the wind. Pennant must not exceed 12 inches in any direction.
Pole Mounted Sign: A Freestanding sign constructed with a support structure that is more
than ten percent (10%) of the height of the total sign and less than ninety percent (90%) of
the width of the sign. The sign support structure shall be included in the sign area
computation.
Political Sign: A sign which identifies a person, expresses a position, conveys a message
concerning, or advocates a position on the candidacy of a person, party, or issue on an
upcoming ballot.
Portable Signs: Any sign not permanently attached to the ground or other permanent
structure, or a sign designed to be transported, including, but not limited to, signs designed
to be transported by means of persons or wheels; signs converted to A -frames; menu and
sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs
attached to or painted on vehicles parked and visible from the public right-of-way, unless
said vehicle is used in the normal day-to-day operations of the business in which case the
vehicle must be removed from site during non -business hours.
Example Portable Sign
SELF
5ERV
K�J
Projecting Sign: A Building Mounted sign that is attached so that the face, or faces, of the
sign are perpendicular, or within fifteen (15) degrees of perpendicular to the building face or
Page 5 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
wall. Signs attached at an angle of zero to thirty (0-30) degrees from a vertical surface shall
be considered to be Building Mounted Signs.
Pylon Sign: See Pole Sign.
Real Estate Sign: A sign, attached to the site, advertising the sale, lease or rental of the
property or premises on which it is located.
Reverse Pan Channel Letter: An individual letter of a sign constructed of an opaque
material so that the sides and front of the letter are one unit.
Roof Sign: A sign affixed on, above, or over the roof of a building so that it projects above
the roofline. The top of a parapet wall shall be considered the roofline. The vertical portion
of a mansard roof shall be considered the roofline. The top of the facia of a hipped roof
shall be considered the roofline. Where a parapet wall is combined with a mansard roof, the
roofline shall be the top of the parapet.
Sign: Any visual element, or combination of elements, including words or symbols
designed or placed to attract attention or convey information including any device providing
identification, advertising or directional information for a specific business, service, product,
person, organization, place, or building. Graphic devices such as logos, obtrusive colored
facia or architectural elements, banners, balloons, streamers, inflatable structures, exterior
merchandise displays, projected picture signs, holographic projection signs and other
attention attracting media and devices shall be considered to be signs.
Temporary Signs: A sign intended to display either commercial or non-commercial
`► messages of a transitory or temporary nature. Portable signs, any sign not permanently
embedded in the ground, or signs affixed to a building, wall, fence, or sign structure for a
non -permanent time period, are considered temporary signs. Any banner, pennant, poster,
balloon, construction sign, political sign or A -frame sign shall be considered a temporary
sign.
Tent Sign: A temporary sign normally supported by its own frame in a manner that usually
forms an "A" when in use. Also called a sandwich sign or A -frame sign.
Under Canopy Sign: A sign attached to the underside of a canopy, marquee, cantilevered
roof or eave, or any other surface having an angle plus or minus 15 degrees from
perpendicular to a horizontal overhead structure.
Wall Sign: A sign, which is fastened to any vertical portion of a building. Also called a
Building Mounted Sign.
Window Sign: Any sign, pictures, symbol, or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale or service that
is affixed to, or located within any area six (6) feet behind a window pane, positioned to be
read from the exterior of a building.
Page 6 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
6.03 Sign Permits; Fees.
A. It shall be unlawful to erect, install and/or modify any sign within the Town without first
applying for and obtaining a Sign Permit from the Department of Community
Development. "Modify," as it is used herein, shall mean any change in or to an existing
sign, its face, electrical components, design and/or supporting structures. Temporary
off -premise signs authorized in Section 6.08.E. of this Chapter are exempt from the sign
permit and fee requirements of this section.
B. The Town of Fountain Hills must inspect all signs, prior to installation, for conformance
to approved sign permit. If said sign conforms to the approved sign permit a Town
approved sticker will be placed upon the sign, any sign not conforming to the approved
sign permit or installed without the indicted approval sticker is considered illegal and is
subject to section 6.06 of this ordinance.
C. Failure to conform to the conditions of a sign permit, including any conditions and/or
stipulations attached thereto by the Town Council and/or Board of Adjustment shall
render such permit void.
D. Fees for sign permits shall be required and payable in such sums as the Town Council
may from time to time establish by resolution.
E. A sign permit does not include electrical work; however, this exemption shall not be
deemed to grant authorization for any work to be done in violation of the provisions of
the Fountain Hills Town Code or any other laws or ordinances.
6.04 Violations.
Any of the following shall be a violation of this ordinance and shall be subject to the enforcement
remedies and penalties provided by this ordinance, by the zoning ordinance, and by state law.
A. To install, create, erect, or maintain any sign in a way that is inconsistent with any plan
or permit governing such sign or the zone lot on which the sign is located;
B. To install, create, erect, or maintain any sign requiring a permit without such a permit;
C. To install, create, erect, or maintain any sign in a way that is inconsistent with any plan
or permit governing such sign or the zone lot on which sign is located;
D. To fail to remove any sign that is installed, created, erected, or maintained in violation of
this ordinance, or for which the sign permit has lapsed; or
E. If any such violation is continued then each day of a continued violation shall be
considered a separate violation when applying the penalty portions of this ordinance.
6.05 Penalty
The provisions set forth above are declared to be civil in nature and not subject to criminal
prosecution pursuant to other provisions of the zoning code. It is presumed that the business or
Page 7 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
residence identified on the sign is the responsible party for compliance. Violation of this chapter of
the zoning ordinance shall be made through the use of a civil complaint form and fines after a
determination of violation shall be as follows:
A. First offense, fine not to exceed $25.00 and confiscation of sign(s).
B. Second offense within 12 calendar months of first offense, fine not to exceed $50.00 and
confiscation of sign(s).
C. All subsequent violations within 12 calendar months of the first offense, a fine not to
exceed $100.00 and confiscation of sign(s).
6.06 Enforcement and Remedies.
Any violation or attempted violation of this ordinance or of any condition or requirement adopted
pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other
appropriate proceedings pursuant to state law. A violation of this ordinance shall be considered a
violation of the zoning ordinance of the town. The remedies of the town shall include the
following:
A. Issuing a stop -work order for any and all work on any signs on the same zone lot.
B. Confiscation of sign(s).
C. Seeking an injunction or other order of restraint or abatement that requires the removal
of the sign(s) or the correction of the nonconformity;
D. Imposing any penalties that can be imposed directly by the town under the zoning
ordinance;
E. Seeking in court the imposition of any penalties that can be imposed by such court under
the zoning ordinance; and
F. In the case of a sign that poses an immediate danger to the public health or safety, taking
such measures as are available to the town under the applicable provisions of the zoning
ordinance and building code for such circumstances.
The town shall have such other remedies as are and as may from time to time be provided for or
allowed by state law for the violation of the zoning ordinance.
All such remedies provide herein shall be cumulative. To the extent that state law may limit the
availability of a particular remedy set forth herein for a certain violation or a part thereof, such
remedy shall remain available for other violations or other parts of the same violation.
6.07 General Regulations.
A. Any sign hereafter erected or maintained shall maintain conformance to the provisions of
this ordinance and the provision of the Town of Fountain Hills Building Code.
Page 8 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
B. No sign, other than an official traffic sign or similar sign, shall be erected within the lines
of any street or public right-of-way unless specifically authorized herein or by other
ordinances or regulation of the Town of Fountain Hills or by special authorization of the
Town of Fountain Hills.
C. No sign, including temporary signs, or sign structure shall be erected or placed in a
manner that would obscure vehicular visibility, nor at any location where by its position,
shape or color may interfere with or obstruct the view of or be confused with any
authorized traffic sign, signal or device.
D. Every sign permitted by this ordinance must be kept in good condition and repair. When
any sign becomes in danger of falling, or is otherwise deemed unsafe by the Town of
Fountain Hills Chief Building Official, or if any sign shall be unlawfully installed,
erected or maintained in violation of any of the provisions of this ordinance, the owner
thereof, or the person or firm using the sign, shall, upon written notice by the Chief
Building Official, or immediately in the case of immediate danger, and in any case within
not more than ten (10) days, make such sign conform to the provision of this ordinance,
or shall remove the sign. If, within ten (10) days, the order is not complied with, the
Chief Building Official may remove or cause such sign to be removed at the expense of
the owner and/or user of the sign.
E. Any sign legally existing at the time of the passage of this ordinance that does not
conform in use, location, height, or size with the regulations of this ordinance shall be
® considered a protected non -conforming use and may continue in use until such time as it
is abandoned or removed. Any change in the sign, including a change of sign copy shall
be considered an abandonment and the protected non -conforming status of the sign shall
become void.
F. Except when otherwise allowed all signs must be located on the lot for which it
advertises, informs, or otherwise attracts attention.
G. Sign areas shall be measured as follows:
1. Sign copy mounted or painted on a background panel or area distinctively painted,
textured or constructed. Sign area is the area within the outside dimensions of the
background panel or surface.
Example Sign Copy Area
X
CHEESE
BURGERS
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
® 2. Sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a
building, which has not been painted, textured, or otherwise altered to provide a
distinctive background for the sign copy.
Sign area is the area within the smallest rectangle that will enclose the sign copy.
Example Sign Area
3. Sign copy mounted or painted on an internally illuminated sign or internally illuminated
element of a building.
The entire internally illuminated surface or architectural element, which contains sign
copy, will be counted as sign area.
Example Illuminated Sign Area
4. Number of sign faces:
One - Area of the single face only.
Page 10 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
Two - If the interior angle between the two sign faces is forty-five (45) degrees or
less, the sign area is the area of one face only; if the angle between the sign faces
exceeds forty-five (45) degrees, the sign area is the sum of the areas of the two faces.
Example Sign Face Area
Greater
Zhan 450
2 faces
Up to450
1 face
Three or more — For any sign containing three or more faces the sign area shall be
measured as the sum of areas of the all the sign faces.
® Three dimensional, sculptural, or other non -planar signs -- Sign area will be the
sum of the areas of the vertical faces of the smallest polyhedron that will
encompass the sign structure.
Example Dimensional Sign Area
5. Sign area is the sum of the areas of all permitted signs, except directional signs, street
addresses, or safety signs (e.g., stop engine, no smoking).
Page 11 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
6. Signs having more than one component (e.g., a service station identification/price sign
combination mounted on a common base) the sign area is the area of the rectangle
enclosing all components of the sign.
Example Fuel Price Sign Area
lUID7H
H. Sign height is defined as follows:
9 HEIGHT
a.Y
1. Free-standing sign: Sign height is the distance from the top of the sign structure to the
top of curb of the public road nearest the sign, or to the crown of public road nearest the
sign if no curb exists.
Example Freestanding Sign Height
-_ � A
N'lip
--
2. Wall or Fascia Mounted Signs: Sign height is the distance measured from a point
perpendicular to the top of the midpoint of the sign structure to the top of the finished
floor of the ground floor level directly below the midpoint of the sign.
Page 12 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
I. Signs not specifically authorized herein are prohibited, including, but not limited to the
following.
1. A -Frame signs.
2. Signs mounted, attached or painted on trailers, boats, motor vehicles or any
moveable object placed on premises to serve as additional advertising signage.
3. Roof signs, or signs that project above the highest point of the roofline, parapet,
or fascia of the building.
4. Any sign emitting sound.
5. Any sign with intermittent or flashing illumination, animated or moving signs,
including Electronic Message Center signs.
6. Mobile signs.
7. Billboard signs.
8. Non -electrically illuminated signs.
9. Any non-public signs in public right-of-way or on public property except as
otherwise allowed. The town may install signs on its own property to identify
public buildings and uses, and to provide necessary traffic control.
• 10. All portable signs except as otherwise allowed.
11. All off -premise signs except as otherwise allowed.
12. Signs mounted, attached, or painted on trailers, boats or vehicles. Business
vehicles displaying signage or advertising, as a normal part of business activity
shall be parked in an assigned parking space, which is not immediately adjacent
to a street frontage and must be removed at close of business hours.
13. All banners, pennants, streamers, balloons, flags, searchlights, strobe lights,
beacons, inflatable signs, except as otherwise provided.
14. Any sign imitating an official traffic control sign, any sign or device obscuring
such traffic control signs or devices.
15. No temporary or portable sign shall be permitted within the Shea Boulevard
right-of-way.
16. Wall or window signs above first floor of multiple story buildings.
J. Whenever the name of a business changes, the signs on the premises shall be modified to
bring them into conformance with these regulations, even though the change is a change
of sign copy only. This paragraph shall not apply to directory signs designed with
interchangeable letters or panels.
K. Non -conforming freestanding signs, sign structures, poles and other related equipment that
have been abandoned or not in use for more than six (6) months shall be removed and
building, land or site restored to it's original state.
Page 13 of 27
•
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
L. The source of a sign's illumination shall not be visible from any adjacent residential streets
or neighborhoods.
M. No sign shall be erected or placed within any center median or any public sidewalk or
bicycle path. The Town employees may remove any sign located in these areas.
Directional signs owned by the Town of Fountain Hills shall be exempted from these
regulations.
N. When any window sign or signs are placed so as to attract the attention of persons outside
the building where such signs are displayed, the total area of all such window signs shall not
exceed twenty-five (25) percent of the total area of the windows through which they are
visible.
Page 14 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
6.08 Signs Allowed
Legend:
Numbers 1-26 indicate sign type is allowed with additional requirements or clarification as
listed by the number in the paragraphs below:
N/A means not allowed.
Zo ing District
GO
1
C-C
C-1
1
C-2
C-3
INSEM
1
All Single &
Multi Family
Residential
and OSR
N/A
IND-1
IND-2
1
L-1
L-2
L-3
1
Total Aggregate Sign
Area
A -Frame Sin
2
2
2
2
2
2
Awning/CanopyAwning/Canopy Sin
3
3
3
3
3
27
Banners
4
4
4
N/A
N/A
N/A
Civic Organization
Identification
5
5
5
5
5
N/A
Contractor Signs
6
6
6
6
6
6
Directory Signs
7
7
7
8
7
N/A
Flag
9
9
9
9
9
9
Freestanding
10
10
10
N/A
10
27
Fuel Price Signs
N/A
11
11
N/A
N/A
N/A
Future Development
Signs
12
12
12
12
12
12
Garage Sale Signs
13
13
13
13
13
13
Menu Board
N/A
14
14
N/A
N/A
N/A
Multi -Tenant Building
Identification Sign
15
15
15
N/A
N/A
N/A
Neon
N/A
16
16
N/A
16
N/A
Open House Directional
Signs
17
17
17
17
17
N/A
Political and Ideological
Signs
18
18
18
18
18
18
Projecting Signs
19
19
19
N/A
19
27
Real Estate Signs
20
20
20
20
20
N/A
Special Event Signs
21
21
21
21
21
21
Temporary Signs
22
22
22
22
22
27
Under Canopy Signs
23
23
23
N/A
23
N/A
Wall Signs
24
24
24
N/A
24
N/A
Window Signs
25
25
25
N/A
N/A
N/A
Window
Decorations/Painting
26
26
26
26
26
26
Comprehensive Sign Plan
28
28
28
N/A
28
28
Page 15 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
40 (1) Total Aggregate Sign Area is the sum of the total allowable sign area for the entire site
with the following restrictions:
a) Frontage is determined by the measurement of the portion of the building facing the
street. Corner buildings may include two street frontages if the frontages are joined
at an angle between forty-five (45) and ninety (90) degrees. However, the total sign
area that is oriented toward a particular street may not exceed 125% of the portion
of the lot's total sign area allocation that is derived from the building frontage on
that street. Building frontages that contain angles of less than forty-five (45)
degrees or between ninety (90) and 180 degrees shall be considered to be one
frontage. Multi -story building lineal footage is limited to the ground floor lineal
footage measurement.
b) C-0, C-C, and C-1 zoning districts total aggregate shall not exceed fifty (50) square
feet. However, if the frontage measures more than fifty (50) feet then the aggregate
area shall be calculated at one (1) square foot per lineal foot of building frontage not
to exceed eighty (80) square feet.
c) C-2, C-3, IND-1 and IND-2 zoning districts total aggregate shall not exceed fifty
(50) square feet. However, if the frontage measures more than fifty (50) feet then
the aggregate area shall be calculated at one (1) square foot per lineal foot of
building frontage not to exceed one hundred (100) square feet.
(2) A -Frame Signs are allowed as follows:
a) A -Frame signs will be prohibited in all zoning districts after January 1, 2004.
b) Signs must be placed at least three (3) feet behind curb. If no curb is present, signs
shall be located at least ten (10) feet from the edge of the paved portion of the
public right-of-way.
c) Signs are not allowed on sidewalks or within the center medians that divide portion
of paved or unpaved roadways.
d) Signs shall not be permitted within the Shea Boulevard public right-of-way.
e) Signs shall not be located within 150 linear feet of any traffic control light.
f) Signs shall not be located within 300 linear feet, along the same roadway, as
measured along the public right-of-way line(s), of another sign bearing the same or
substantially the same message.
g) Signs shall not be located more than one mile, as measured along the public street
right of way lines, of the destination to which such sing is directing traffic.
h) There shall not be more than five (5) A -Frame signs to any one destination.
i) Signs shall be placed in the permitted areas of public right-of-way only between
sunrise and sunset. Signs remaining in public rights -of -way after sunset, or placed
in rights -of -way prior to sunrise, shall be subject to confiscation and destruction by
the Town.
Page 16 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
j) Maximum size may not exceed 4.5 square feet in area.
k) Maximum height may not exceed three (3) feet.
1) Construction must be of wrought iron; sheet metal; one -eighth (1/8) inch plastic; or
wood that is at least three -eighths (3/8) of an inch thick.
(3) Awning/Canopy Signs are allowed as follows:
a) Must be included in the total aggregate sign area.
b) May not exceed six (6) square feet in area
c) Sign area shall be measured by the smallest rectangle that will enclose the sign
copy.
(4) Banners are allowed as follows:
a) Banners shall be allowed for a maximum of twenty-eight (28) days in any calendar
year. These days may be used as follows: Each display shall count as no less than
seven (7) days but shall not exceed fourteen (28) days. Each display period must be
separated by no less than thirty (30) days.
b) One banner allowed per site.
c) A Banner permit must be obtained, from the Community Development Department,
including dates of installation, prior to the installation of any banners.
d) Maximum banner sign area of 32 square feet.
e) Banners shall be located on the business premises.
f) Banners shall not be designed to depict any product not legally available to all
residents of the Town.
g) Total sign area including permanent signs and banner signs shall not exceed 200% of
the permitted sign area.
h) Banners shall be professionally manufactured.
i) Banners shall not be displayed in the required perimeter street landscaping.
j) Banners shall not obscure building address numbers.
k) Banners shall not encroach within onsite fire lanes.
1) Banners shall not be attached or hung on or from a tree or shrub.
m) Banner shall not be erected at the intersection of any street or pedestrian walkway in
such a manner as to obstruct free and clear vision, nor at any location where by its
position, shape or color it may interfere with or obstruct the view of or be confused
with any authorized traffic sign, signal or device.
Page 17 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
(5) Civic organizations such as the Kiwanis, Rotary, Jaycees, etc., may be identified on
group display structures in accordance with the following standards:
a) Said structure must be on arterial streets.
b) Structures shall not be over six (6) feet in height or exceed an area of sixty (60)
square feet.
c) Sign may not be illuminated.
d) Each civic organization shall be limited to a maximum sign area of two (2) square
feet.
(6) Signs for a contractor may be placed on a construction site if signs meet the following
criteria:
a) One (1) sign per lot.
b) Maximum size of sign shall not exceed eight (8) square feet.
c) Maximum height of five (5) feet.
d) Sign must be located on construction site.
e) Sign shall not be illuminated.
f) A contractor sign may be placed only during the period of time when a building permit
is valid and must be removed no later than the final inspection.
(7) A Directory sign may be included as part of a comprehensive sign package.
(8) A Directory sign is allowed with the following standards:
a) Maximum sign area of six (6) square feet.
b) Maximum height of six (6) feet.
c) Located behind the required front yard setbacks.
(9) Flags as defined in section 6.02 are allowed as follows:
a) Flags poles shall not exceed the maximum building height allowed in each zoning
district and shall be located and constructed that if it should collapse, its reclining
length would be contained on the property for which it was installed.
b) Any flag flown in conjunction with the United States or State of Arizona flags shall
be flown beneath them and shall not exceed them in size.
c) No more than one United States, one State of Arizona, one foreign national flag and
one corporate flag shall be flown on any one site or structure.
Page 18 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
d) The maximum size of any corporate flags shall not exceed fifteen (15) square feet
with no one dimension to exceed six (6) feet in any direction.
e) A sign permit is required to display any corporate flag and must be included as part
of the total aggregate sign area.
f) Lighting for the United States flag must meet all national and local lighting
standards.
g) A model home that has a Special Use Permit may use flags in addition to the United
States flag and Arizona flag, in the following manner:
1) No more than two (2) flags on the lot of one (1) model home and one (1) flag
on each additional lot with a model home located upon it, up to a total of four
lots of model homes.
2) The maximum size of any model home flag shall not exceed eight (8) square
feet.
3) Model home flags shall not be illuminated.
4) Flagpole shall not exceed twenty-five (25) feet in height.
h) No sign permits are required for flags unless otherwise noted.
® (10) Freestanding signs are allowed as follows:
a) Freestanding signs shall be counted as a portion of the total aggregate sign area
except as outlined below in paragraph g.
b) One freestanding sign is allowed for each street frontage.
c) Maximum area of twenty-four (24) square feet.
d) Maximum height of five (5) feet (including base).
e) All freestanding signs must be no closer than thirty (30) feet to any residential
district.
f) Minimum area of four (4) square feet of landscaping per one square foot of
freestanding sign shall be provided at the base of the freestanding sign.
g) A monument sign may be used for buildings with two (2) or more stories, not
counted toward total aggregate sign area of first floor signage, as follows:
1) Two (2) story buildings may install a monument sign that is no greater than
eight (8) feet in height and a width not to exceed 60% of proposed height.
2) Buildings with three (3) or more stories may install a monument sign that is
no greater than ten (10) feet in height and a width not to exceed 40% of
proposed height.
Page 19 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
(11) Fuel price signs are allowed as follows:
a) Fuel price signs shall be counted as a portion of the total aggregate sign area.
b) One freestanding fuel price sign is allowed per street frontage.
c) Maximum area of twelve (12) square feet per sign.
d) Maximum height of five (5) feet.
e) Minimum area of four (4) square feet of landscaping per one square foot of
freestanding sign shall be provided at the base of the freestanding sign.
(12) Future Development Signs announcing the proposed development of property prior to
issuance of a building permit for the purpose of displaying the name of the project,
contractors, architect and any additional information pertaining to the site on which the
signs are located are allowed in accordance with the following:
a) Maximum size shall not exceed thirty-two (32) square feet.
b) Sign shall not be illuminated.
c) Sign may be double faced.
d) One sign per each street on which the development has frontage.
e) Maximum height shall not exceed five (5) feet for all signs.
f) Such signs may be maintained for a period not to exceed twelve (12) months prior
to obtaining building permits for a development and must be removed upon
issuance of a Certificate of Occupancy.
g) A sign permit must be obtained prior to locating the sign on the site.
(13) Garage Sale Signs are allowed as follows:
a) Garage sale signs must be placed at least than three (3) feet behind the curb. If no
curb is present, signs shall be located at least ten (10) feet from the edge of the
paved portion of the public right-of-way. No garage sale sign shall be placed on
sidewalks or within the center medians that divide portions of paved or unpaved
roadways.
b) No Garage Sale sign shall be permitted within the Shea Boulevard public right-of-
way.
c) No Garage Sale sign shall be located within 300 feet along the same roadway, as
measured along the public right -or -way line(s) of another sign bearing the same or
substantially the same message.
d) There shall not be more than five (5) Garage Sale signs to any destination.
Page 20 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
e) Garage Sales signs may only be displayed between sunrise and sunset. Signs
remaining in public rights -of -way after sunset, or placed in rights -of -way prior to
sunrise, shall be subject to confiscation and destruction by the Town.
f) Maximum size shall not exceed four and one-half (4'/2) square feet.
g) Maximum height shall not exceed three (3) feet.
h) Signs may only be constructed of wrought -iron, sheet metal, one -eighth (1/8) inch
thick plastic, or of wood that is at least three -eighths (3/8) of an inch thick.
(14) Menu Boards orientated to the drive-thru lane for a business are allowed as follows:
a) Menu Board signs shall be counted as a portion of the total aggregate sign area.
b) One freestanding or wall mounted menu board is allowed per business.
c) Menu Board must be located no less than forty five (45) feet from any street
property line.
d) Maximum area of twenty (20) square feet.
e) Maximum height of five (5) feet.
f) Minimum area of four (4) square feet of landscaping per one square foot of
freestanding sign shall be provided at the base of the freestanding sign.
g) Speaker boxes and LED boxes are allowed as follows:
1) May not exceed 36 cubic feet and (4) feet in height.
2) May not contain advertising of any kind.
3) When installed separately from Menu Board, square footage will be calculated
in addition to total aggregate sign area.
h) Placement of menu boards, speaker boxes and LED boxes must meet the
following guidelines:
1) Can not be visible from any public street or alley.
2) Must be at least 150 feet from any residential zoning district or be screened
from residential view by masonry wall.
(15) Multi -Tenant Building Identification Sign is allowed as follows:
a) Sign shall be a wall sign and shall identify only the building or complex.
b) The maximum number of signs for each building shall be one (1) sign.
c) Sign shall be placed on the wall of the building with major street frontage.
d) Maximum area of sign is six (six) inches per one (1) lineal foot of building wall with
® a minimum of twenty-four (24) square feet and a maximum of forth (40) square feet.
Lineal footage of building is determined as defined in paragraph (1) of this section.
Page 21 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
(16) Neon is allowed only as follows:
a) As part of a wall sign.
b) For window signage a maximum size of four (4) square feet.
(17) Open House Directional Signs are allowed only as follows:
a)
Open house directional signs shall be used to direct traffic to a residence for sale,
lease or rent.
b)
Maximum number of directional signs for each residence for sale, lease or rent shall
be five (5).
c)
Maximum area for each sign shall be four (4) square feet.
d)
Maximum height for each sign shall be three (3) feet.
e)
Signs shall not be illuminated.
f)
Sign must contain a directional arrow.
g)
Signs shall be placed at least three (3) feet behind the curb. If no curb is present,
signs shall be located at least ten (10) feet from the edge of the paved portion of
the public right-of-way. No sign is allowed on sidewalks or within the center
medians that divide portions of paved or unpaved roadways.
h)
No open house directional sign shall be placed within the Shea Boulevard public
right-of-way.
i)
No sign shall be placed within 150 linear feet from any traffic control light.
j)
Signs must be professionally made.
(18) Political and Ideological signs located in non-residential zoning districts shall be
treated as commercial signs and shall be governed by the sign regulations applicable to
the respective zoning district where sign is being located. The combination of
commercial, political, and ideological signs shall not exceed the square footage
limitations of the respective sign regulations prescribed in this code. In addition to
signs already permitted in residential zoning districts, political and ideological signs
may be located in such areas within the following parameters:
a) Maximum aggregate size, per individual candidate or ballot issue, shall not
exceed twenty-four (24) square feet on any lot or parcel.
b) Maximum length shall not exceed six (6) feet.
c) Maximum height shall not exceed four and one-half (41/2) feet.
® d) Except as otherwise, permitted in this ordinance, no such sign or portion of the
sign may be located in or project into a public right-of-way.
Page 22 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
e) Political signs in residentially zoned areas shall be erected not more than sixty
days prior to the election or referendum on the ballot and shall be removed within
then (10) days after said election or referendum. Candidates successful in a
primary election are permitted to leave their respective political signs in place
until ten (10) days after the general election, or if necessary, run-off election.
(19) Projecting Signs are allowed only as follows:
a) Must be included in the total aggregate square footage.
b) Are allowed only in non-residential zoning districts having a zero -foot front or
street side -yard setback.
c) Shall only be permitted if signs are affixed to a building and extend over the
abutting Town right-of-way line.
d) Shall not exceed three and one-half (3 '/2) feet in width or more than six (6) feet in
height.
e) Shall not be located any closer than twenty-five (25) feet to another sign
developed under these regulations, whether or not they are on the same lot or
parcel.
f) Shall be located so that the bottom of the sign is not less than eight (8) feet from
the ground.
g) Shall not be internally lighted.
h) Shall be limited to not more than two signs per lot or parcel and not more than
one sign per business.
i) Shall require both a Town sign permit and a revocable Town encroachment
permit.
(20) Real Estate Signs are allowed as follows and are exempt from the total aggregate
signage:
a) Real Estate Signs may only advertise the sale, leasing or renting of a building,
dwelling, suite, property, or other forms of real estate.
b) Real Estate Signs must be non -illuminated.
c) Maximum sign area of six (6) square feet.
d) Maximum height of five (5) feet.
e) Signs must be professionally made.
f) No portable sign allowed.
Page 23 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
(21) Special Event Signage is allowed as follows:
a) A sign placement plan detailing the size, location, and timing of proposed signs to
be used for a special event shall be presented with the special event permit
application.
b) These signs shall be placed only after a Special Event Permit has been issued by
the Town council and must be removed within twenty-four (24) hours after the
conclusion of the event.
c) The regulations in this chapter may be waived by the Town Council for special
event signs placement, size, and timing.
(22) Temporary Signs advertising the sale, leasing or renting of a building, dwelling suite,
property, or other forms of real estate shall conform to the following regulations and are
exempted from the total aggregate sign area.
a) Non-residential Zoning Districts: Non -illuminated and not exceeding six (6)
square feet in aggregate area and eight (8) feet in maximum height. Signs must be
professionally made.
b) Residential Zoning Districts: Non -illuminated and not exceeding four (4) square
feet in total aggregate area and five (5) feet in maximum height. Signs must be
professionally made.
(23) Under Canopy Signs are allowed as a part of a comprehensive sign plan and must
meet the following requirements:
a) All Under Canopy Signs require written Landlord and Town of Fountain Hills
approval prior to installation.
b) Each tenant may be allowed one double-faced non -illuminated sign installed
under an overhanging canopy or fascia perpendicular to the front of the tenant's
front wall space.
c) Maximum sign width shall not exceed twenty-four (24) inches.
d) Maximum sign height shall not exceed twelve (12) inches.
e) Minimum clearance shall be not less than eight (8) feet six (6) inches from the
bottom of the sign to the sidewalk or surface beneath the sign.
f) In no case shall any object, banner, sign or other material be attached to, or hung
from the sign.
g) No Under Canopy Sign shall be mounted in a manner that will impede pedestrian
or vehicular visibility or create any hazard.
h) One Under Canopy Sign area shall be excluded from the total aggregate area of a
O comprehensive sign plan. Tenants with multiple public entrances may be allowed
one additional Under Canopy Sign, subject to Landlord and Town of Fountain
Page 24 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
Hills approval, but the sign area of the second Under Canopy Sign will be counted
as a part of the tenant's total aggregate sign area.
(24) Wall Signs count as a part of the total aggregate signage and are allowed as follows:
a) One square foot per each lineal foot of building frontage. Frontage is determined
by the measurement of the portion of the building facing the street not to exceed
aggregate square footage allowed. Corner buildings may include two street
frontages if the frontages are joined at an angle between forty-five (45) and ninety
(90) degrees. However, the total sign area that is oriented toward a particular
street may not exceed 125% of the portion of the lot's total sign area allocation
that is derived from the building frontage on that street. Building frontages that
contain angles of less than forty-five (45) degrees or between ninety (90) and 180
degrees shall be considered to be one frontage.
b) Sign area must allow a minimum two (2) foot border from edge of building or
suite frontage or minimum two (2) foot separation between signs whichever is
less.
c) Each wall sign may project no more than twelve (12) inches from the surface of
the wall to which it is attached.
d) Reverse pan channel letter with halo illumination must not exceed a 1 3/a"
separation from the wall.
e) Multiple story buildings may not install wall signs on any floor other than the
ground floor.
f) In the C-2, C-3, and TCC zoning districts a secondary entrance wall sign is
allowed, in addition to total aggregate sign area, if the following criteria are met:
1) Sign are shall not exceed 25% of primary total aggregate sign area.
2) Secondary entrance must not be visible from main public entrance.
3) Secondary entrance must face a rear parking area, common area or public use
frontage.
(25) Window signs are allowed as follows:
a) Count as part of the total aggregate sign area, except as identified in (c) below.
b) May not exceed 25% of window area.
c) In addition to the total aggregate sign area and window sign coverage requirement
an identification sign no more than two (2) square feet containing only the name
of the business, address, and hours of operation is allowed.
Page 25 of 27
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
(26) Window decorationstpainting with a holiday theme are allowed as follows:
a) Holiday decorations may be displayed on a temporary basis for traditionally
accepted civic, patriotic or religious holidays.
b) The combination of window decoration/painting coverage and signage (as outlined
in paragraph 15) must not exceed 50% of window area
c) Window decoration shall not contain any form of advertising, including but not
limited to, name of business, logo, sale language or any other form of advertising as
outlined in section 6.02.
d) Sign permit is not required.
(27) There shall be no signage on any lot or parcel within the L-1, L-2 or L-3 Zoning District,
except for one (1) freestanding identification sign, regardless of the number of primary or
accessory uses on the lot or parcel.
a) Freestanding sign shall have a maximum area of twenty-four (24) square feet.
b) Freestanding sign shall have a maximum height of five (5) feet.
c) Freestanding sign, if over 3.5 feet in height, shall not be permitted within the front or
street side -yard setback.
d) Freestanding sign shall not be internally illuminated.
e) A landscaped area shall be provided at the base of the freestanding sign, having a
minimum landscaped area of four (4) square feet for each square foot of sign area.
(28) Comprehensive Sign Plans shall meet all sign criteria of the Town of Fountain Hills.
The following elements are required for approval:
a) Name, address, and phone number of property owner or designee Written text
clearly outlining the sign plan to include all suites, offices or other leased/leasable
space
b) Name and address of property for which the Comprehensive Sign Plan is
designated.
c) Design criteria allowed for signage (i.e. colors, installation method, materials,
type of signage, etc.). If it is the intention of the property owner to allow
Nationally Recognized Registered Logos this must be specified in the plan.
d) Site Plan showing all lot dimensions, suites, offices or other leased/leasable space
and proposed/existing signage placement (drawn to scale).
e) Elevations showing proposed sign envelopes.
f) Lineal footage of building(s) as outlined in the total aggregate sign areas in
paragraph one (1) of this section.
Page 26 of 27
•
Report to P&Z Commission
January 9, 2003
Case #Z2003-01 (Sign Ordinance Update)
g) Allocation chart showing allowable square footage for each suite, office or space
number.
h) Comprehensive Sign Plans amendments must be made in writing and submitted,
reviewed and approved by the Community Development Director.
i) Comprehensive sign plan approval/denial may be appealed to Town Council.
Page 27 of 27
TOWN OF FOUNTAIN HILLS
OFFICE OF TOWN MANAGER
`'"' MEMORANDUM
TO: Honorable Mayor Beydler and
DT: February 7, 2003
Town Council
FR: Tim Pickering, Town Manage
: Town Council Rules of Procedure —
First Phase
Attached please find the first five chapters of the draft Council procedures, and the Table of
Contents. Further chapters will be presented at future workshops for your consideration.
Staff reviewed a variety of council policies and procedures from twenty Arizona cities and
towns. Of the twenty municipalities, eight had formalized policy and procedure documents for
their councils. The City of Goodyear has one of the more comprehensive and complete policies
of those reviewed. It was written using a committee consisting of three council members, the
city attorney and city clerk. The clerk said they drew heavily on policies from Peoria and Lake
Havasu City, incorporating the best from each. The attached table of contents is modeled after
the Goodyear document.
It would benefit the Town Council to have a detailed policy to provide clear and concise
guidelines to assist them in conducting the business of the Town. After reviewing policies from
twenty other municipalities, staff feels that the Goodyear and Peoria documents would provide a
very good starting point for Council's review and revision. A sample document has been
prepared, combining appropriate components from both documents and customizing it for
Fountain Hills. Staff recommends that once the document is approved, it be adopted as part of
the Town Code, replacing the existing Article 2-4 Council Procedure. This would remove any
conflicting provisions with the existing code.
Stein/E:/councilrulesofprocedure/interofficememorerules.doc/020703
TOWN OF FOUNTAIN HILLS, ARIZONA
1%w TOWN COUNCIL MEETINGS RULES OF PROCEDURE
TABLE OF CONTENTS
SECTION 1. RULES OF PROCEDURE/AUTHORITY.........................................................................1
1.1
PROCEDURES...............................................................................................................................1
1.2
PARLIAMENTARIAN...................................................................................................................1
SECTION2. DEFINITIONS.......................................................................................................................1
2.1
AGENDA........................................................................................................................................1
2.2
COUNCIL PACKET.......................................................................................................................1
2.3
MEETINGS.....................................................................................................................................1
2.4
NEWSPAPER.................................................................................................................................2
2.5
NOTICE..........................................................................................................................................2
2.6
ORDINANCE.................................................................................................................................2
2.7
PUBLIC BODY...............................................................................................................................2
2.8
QUORUM.......................................................................................................................................2
2.9
RESOLUTION................................................................................................................................2
SECTION 3. PRESIDING OFFICER.......................................................................................................3
3.1
PRESIDING OFFICER...................................................................................................................3
3.2
ROBERT'S RULE...........................................................................................................................3
SECTION4. MEETINGS............................................................................................................................3
4.1
REGULAR MEETINGS.................................................................................................................3
4.2
ADJOURNED MEETINGS............................................................................................................3
4.3
SPECIAL MEETINGS....................................................................................................................4
4.4
WORK SESSIONS.........................................................................................................................4
4.5
EXECUTIVE SESSIONS...............................................................................................................4
4.6
EMERGENCY MEETINGS...........................................................................................................4
4.7
MEETINGS TO BE PUBLIC.........................................................................................................5
4.8
MINUTES OF COUNCIL MEETINGS.........................................................................................5
SECTION5. NOTICE AND AGENDA.....................................................................................................6
5.1
PREPARATION AND POSTING NOTICES................................................................................6
5.2
AGENDAS......................................................................................................................................6
5.3
DISTRIBUTION OF NOTICES AND AGENDAS........................................................................6
SECTION6. ORDER OF BUSINESS....................................................................................................7
6.1
ORDER OF BUSINESS..................................................................................................................7
6.2
REGULAR MEETINGS.................................................................................................................7
6.3
SPECIAL MEETINGS....................................................................................................................8
6.4
WORK SESSION MEETINGS.......................................................................................................8
6.5
ITEMS TO BE TAKEN IN ORDER...............................................................................................9
6.6
ROLL CALL...................................................................................................................................9
6.7
PRESENTATIONS/REPORTS BY MEMBERS OF THE TOWN COUNCIL .............................9
6.8
SCHEDULED PUBLIC APPEARNCES/PRESENTATIONS........................................ 9
6.9
CONSENT AGENDA...................................................................................................................10
6.10
BUSINESS....................................................................................................................................10
6.11
CALL TO THE PUBLIC..............................................................................................................12
6.12
ADJOURNMENT.........................................................................................................................12
SECTION7. AGENDA PREPARATION............................................................................................13
7.1 AGENDA ITEM SUBMITTALS: REGULAR/SPECIAL/WORK SESSION .............................13
EACOUNCIL RULES OF PROCEDURE\FH Rules of Procedures 2002 Tim changes.doc
7.2 TIME LINES FOR SUBMISSION OF ITEMS............................................................................14
7.3 AGENDA ITEM SUBMITTALS FOR TOWN COUNCIL EXECUTIVE SESSIONS...............15
``. 7.4 COUNCIL PACKETS...................................................................................................................15
SECTION 8. PROCEDURES FOR CONDUCTING THE MEETING............................................15
8.1 CALL TO ORDER........................................................................................................................15
8.2 PARTICIPATION OF PRESIDING OFFICER............................................................................15
8.3 QUESTION TO BE STATED......................................................................................................16
8.4 MAINTENANCE OF ORDER.....................................................................................................16
8.5 TELECONFERENCE PROCEDURE...........................................................................................16
SECTION 9. RULES/DECORUM/ORDER........................................................................................17
9.1 POINTS OF ORDER....................................................................................................................17
9.2 ORDER AND DECORUM...........................................................................................................17
9.3 ENFORCEMENT OF DECORUM...............................................................................................17
9.4 PROCEDURES IN ABSENCE RULES.......................................................................................18
9.5 RULINGS OF PRESIDING OFFICER FINAL, UNLESS OVERRULED..................................18
9.6 APPEAL THE RULING OF THE PRESIDING OFFICER.........................................................18
SECTION 10. ADDRESSING THE COUNCIL....................................................................................18
10.1
PERSONS AUTHORIZED TO APPROACH COUNCIL DAIS AREA
......................................18
10.2
MANNER OF ADDRESSING THE COUNCIL..........................................................................18
10.3
ADDRESSING THE COUNCIL AFTER MOTION IS MADE...................................................18
10.4
LIMITATION REGARDING PUBLIC COMMENT AND REPORTS.......................................19
SECTION11. MOTIONS........................................................................................................................19
11.1
PROCESSING OF MOTIONS.....................................................................................................19
11.2
UNANIMOUS CONSENT...........................................................................................................19
11.3
DIVISION OF QUESTION..........................................................................................................19
11.4
PRECEDENCE OF MOTIONS....................................................................................................19
11.5
MOTION TO POSTPONE INDEFINITELY...............................................................................20
11.6
MOTION TO TABLE...................................................................................................................20
11.7
MOTION TO LIMIT OR TERMINATE DISCUSSION..............................................................20
11.8
MOTION TO AMEND.................................................................................................................20
11.9
MOTION TO CONTINUE...........................................................................................................21
SECTION12. VOTING PROCEDURE.................................................................................................21
12.1
CASTING A VOTE......................................................................................................................21
12.2
FAILURE TO VOTE....................................................................................................................21
12.3
RECONSIDERATION..................................................................................................................22
12.4
TIE VOTES...................................................................................................................................22
SECTION 13. CONFLICT OF INTEREST..........................................................................................22
13.1
INTRODUCTION.........................................................................................................................22
13.2
PURPOSE OF CONFLICT OF INTEREST LAWS.....................................................................22
13.3
THE ARIZONA CONFLICT OF INTEREST LAW....................................................................22
13.4
WHAT IS A SUBSTANTIAL INTEREST?.................................................................................23
13.5
REMOTE INTERESTS.................................................................................................................23
13.6
RESTRICTIONS ON CONTRACTS FOR SUPPLIES OR SERVICES......................................24
13.7
DISCLOSURE OF INTEREST.....................................................................................................25
13.8
WITHDRAWAL FROM PARTICIPATION................................................................................25
13.9
RULE OF IMPOSSIBILITY.........................................................................................................25
13.10
IMPROPER USE OF OFFICE FOR PERSONAL GAIN............................................................25
13.11
SANCTIONS FOR VIOLATIONS...............................................................................................25
13.12
NON -STATUTORY CONFLICTS OF INTEREST.....................................................................26
SECTION14. CODE OF ETHICS.........................................................................................................26
EACOUNCIL RULES OF PROCEDUREFH Rules of Procedures 2002 Tim changes.doc
SECTION 1. RULES OF PROCEDURE/AUTHORITY
1.1 PROCEDURES
The following, also established and set forth in a Council Policy, are the basis for and are used in
conjunction with these basic Rules of Procedure for meetings of the Town Council:
A) Arizona Open Meetings Act (A.R.S. 38-431.et.seq.)
B) Town Code
C) Roberts Rules of Order 9th edition, as amended
1.2 PARLIAMENTARIAN
Town Council Meetings: The Town Attorney shall serve as Parliamentarian for all Town
Council Meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town
Attorney; and the Town Manager shall act as Parliamentarian in the absence of both the Town
Attorney and Town Clerk.
Boards/Commissions/Committees: The liaison Department Manager, or designee, shall serve as
Parliamentarian for their respective Board, Commission, or Committee.
SECTION 2. DEFINITIONS
2.1 AGENDA
As set forth in the Order of Business, an Agenda is a formal listing of items to be considered by
the Public Body at a noticed meeting of the Public Body. The content of the Agenda may not be
changed less than 24-hours prior to the public meeting.
2.2 COUNCIL PACKET
A compilation of documents supporting the items listed on the Agenda and requiring Council
Action, which may be used by Council, Staff, and the Public for more in-depth information than
may be presented in an oral report. The Packet is organized as set forth in the Order of Business
under the Rules of Procedures (Section 6); and is provided or made available to the Public Body,
and internal and external customers, according to Council Policy.
2.3 MEETINGS
A Meeting is the gathering, in person or by technological devices, of a quorum of members of a
Public Body, at which they discuss, propose or take legal action, including any deliberations by a
quorum with respect to such action. If a quorum is not present, those in attendance will be
named for the record and in the absence of the Presiding Officer, the Town Clerk or
Departmental Liaison will adjourn the meeting.
EACOUNCIL RULES OF PROCEDURETH Rules of Procedures 2002 Tim changes.docLast printed 2n12003 4:18 PM Page 1
2.4 NEWSPAPER
Typically, a daily or weekly paid publication containing recent news, feature articles, editorials
and general advertisements.
2.5 NOTICE
A formal announcement to the public that sets forth the name of the Public Body, date, time and
place for which a meeting of the Public Body will be held. Giving formal notice of meetings is
done as provided by Statute, Town Code, or other Rules or Regulations of the Public Body.
2.6 ORDINANCE
An Ordinance is a Council Action setting forth a rule of public conduct that is considered long-
term. Long-term rules include zoning issues, annexations, abandonment's, laws of the Town and
such. The Ordinance, in addition to being referenced by number and brief title in the Minutes,
will be recorded and maintained in numerical sequence as a permanent record of the Town in a
separate set of books. Effective dates of Ordinances shall be as provided by law.
2.7 PUBLIC BODY
Means the Town Council, all Boards and Commissions of the Town, and any specially created
Board, Commission, Committee, or Sub -Committee of the Town whose members are appointed
by the Mayor and the Town Council.
For the purpose of these rules, "Public Body" shall mean the Town Council.
2.8 QUORUM
The minimum number of members of the Public Body that must be present in order for business
to be legally transacted. With a seven -member body, a quorum (by State Statute) is four
members.
2.9 RESOLUTION
A Resolution is a more formal form of a motion normally utilized to set forth policy of the
Town. The Resolution, in addition to being referenced by number and brief title in the Minutes,
will be recorded as provided by law and maintained in numerical sequence as a permanent record
of the Town in a separate set of books. Resolutions are used for various reasons, such as when
specifically required by law, when needed as a separate evidentiary document to be transmitted
to another governmental agency, or where the frequency of future references back to its contents
warrants a separate document to facilitate such future reference and research. Effective dates of
Resolutions shall be provided by law.
EACOUNCIL RULES OF PROCEDURETH Rules of Procedures 2002 Tim changes.docLast printed 2/7/2003 3:55 PM Page 2
SECTION 3. PRESIDING OFFICER
3.1 PRESIDING OFFICER
As provided by the Town Code, the Mayor, or in the Mayor's absence the Vice -Mayor is the
Presiding Officer of all meetings of the Town Council. In the absence or disability of both the
Mayor and the Vice -Mayor, the meeting shall be called to order by the Town Clerk, whereupon,
the Town Clerk shall immediately call for the selection of a temporary Presiding Officer.
3.2 ROBERT'S RULE
The Presiding Officer, or Public Body by consensus, may suspend strict observance of these
Rules of Procedure, other policies and procedures, and any applicable provision of Robert's
Rules for the timely and orderly progression of the meeting. In the event of a conflict between
these rules and Robert's Rules of Order, most recent version, these rules shall govern.
SECTION 4. MEETINGS
4.1 REGULAR MEETINGS
A) The Town Council of the Town of Fountain Hills shall hold Regular Meetings at
6:30 p.m. in the Council Chambers located at Town Hall Building B, 16836 East
Palisades Boulevard, or another place, date or time if necessary, on the first and
third Thursday of each month. Meetings are held for the purpose of discussion or
action of the Council on various issues deemed necessary to further the business
of the Town. These meetings may provide for "Citizen Comments/Appearances
From The Floor."
B) When the day for a Regular Meeting of the Town Council falls on a legal holiday,
no meeting shall be held on such holiday, but a Special Meeting shall be held at
the same time and the same location on the preceding Tuesday if it is not a
holiday. Special Meetings that take the place of Regular Meetings of the Town
Council shall provide for "Citizen Comments/Appearances From The Floor."
C) In Order to accommodate vacation scheduling of Council Members, Council may,
by vote or consensus, adjust the schedule of the two per month Regular Meetings
as Special Meetings on a mutually convenient date and time.
4.2 ADJOURNED MEETINGS
Any meeting may be adjourned to a time, place and date certain, but not beyond the next Regular
Council Meeting. Once adjourned, the meeting may not be reconvened except at the time, date,
and place provided for in the motion.
EACOUNCIL RULES OF PROCEDURE\FH Rules of Procedures 2002 Tim changes.docLast printed 2n12003 3:55 PM Page 3
4.3 SPECIAL MEETINGS
A) Special Meetings, other than those taking the place of a Regular Meeting, may be
called by the Mayor, or by written request of four or more Members of the Town
Council on 24-hour notice submitted to the Mayor, copied to the Town Manager,
and then filed with the Town Clerk, as provided by Town Code and Council
Policy.
B) Special Meetings are held for the purpose of presentations, discussion, or action
of the Council on various issues as deemed necessary to further the business of
the Town. These meetings other than those taking places of Regular Meetings
shall not provide for "Citizen Comments/Appearances From the Floor, " unless
taking the place of a Regular meeting.
4.4 WORK SESSIONS
A) Members of the Town Council may convene at 6:30 p.m. on the first or third
Tuesday of each month, and/or may meet in Work Sessions at such time, date,
and location as determined by the Mayor.
B) Work Sessions are held for the purpose of presentations and discussions on such
issues that require more in-depth consideration of the Town Council than may be
possible at a Regular Meeting. No formal action of the Town Council may be
taken at such meetings, other than general consensus or conveying direction to
Staff for further action. These meetings shall not provide for a "Citizen
Comments/Appearances From The Floor."
4.5 EXECUTIVE SESSIONS
As provided in A.R.S. 38-431(2) an Executive Session is defined as; "a gathering of a quorum of
members of a Public Body from which the public is excluded for one or more of the reasons
prescribed in section 38-431.03." It states that "Only individuals whose presence is reasonably
necessary in order for the Public Body to carry out its Executive Session responsibilities, may
attend the Executive Session."
4.6 EMERGENCY MEETINGS
As provided for in State Statutes, the Mayor and Council may call a Special Emergency Meeting
to discuss or take action on an unforeseen issue where time is of the essence and sufficient time
does not provide for the posting of a meeting notice 24-hours or more before the meeting.
Notice of an Emergency Meeting of the Mayor and Council will be posted within 24-hours
following the holding of an Emergency Meeting. The Notice will include the Agenda and a brief
but complete description of the nature of the Emergency. Emergency Meetings shall not provide
for a "Citizen Comments/Appearances From The Floor."
EACOUNCIL RULES OF PROCEDURE\FH Rules of Procedures 2002 Tim changes.docLast printed 2n12003 3:55 PM Page 4
4.7 MEETINGS TO BE PUBLIC
A) With exception of Council Executive Sessions, all Regular, Special, and Work
Session Meetings of the Town Council shall be open to the public.
B) All Public Meetings may be recorded or photographed by means of audio,
video or photographic equipment provided, however, that there is not interference
in the orderly conduct of the meeting, and that said equipment is placed in non-
hazardous locations as designated by the Town's Administrative Staff.
C) Public Comment (Citizen Comments/Appearances From The Floor) is not taken
at Work Sessions, Emergency Meetings, or at Special Meetings, unless the
Special Meeting is held in place of a Regular Council Meeting, or unless the
called Special Meeting includes a Public Hearing on the Agenda. Time
permitting, public comment may be taken at Regular Council Meetings.
4.8 MINUTES OF COUNCIL MEETINGS
A) The Town Clerk of the Town of Fountain Hills shall ensure Staff attendance at
all Regular, Special, Work Session, Emergency, and Executive Session Meetings
of the Town Council for the purpose of taking notes and/or audio recordation of
the Meeting.
B) To the extent possible, all open public meetings shall be recorded by means of
audio or video technology. In addition, written minutes reflecting legislative
intent shall be taken so that an accounting of the issues discussed and actions
taken is compiled and entered into the permanent Minute Book of the Town and
kept on file and of record in the Office of the Town Clerk. Audio or video
recordings of meetings will be retained for a period of time in accordance with the
current Town of Fountain Hills and/or State of Arizona approved Records
Retention and Disposition Schedules.
C) All Minutes of the Town Council are deemed to be Public Records, with the
exception of Closed Executive Session Minutes, which, while they fall under the
definition of and are considered public records by State Statute, Town Code, are
deemed confidential and are only available under limited conditions or by Court
Order. Transcribed minutes, or the audio or video recording of all Open Meetings
of the Town Council, must be on file in the Office of the Town Clerk, and
available for public review by 5:00 p.m. on the third working day following each
meeting, or as provided by Arizona Revised Statutes.
D) Minutes of Executive Sessions (and if taped, the tape recordings) shall be
confidential, are maintained and secured by the Town Clerk, and may be accessed
only as provided by Arizona Revised Statutes.
E) Minutes of all Regular Meetings of the Town Council may be approved under the
consent agenda, unless removed for discussion and separate action.
EACOUNCIL RULES OF PROCEDURETH Rules of Procedures 2002 Tim changes.docLast printed 2n12003 3:55 PM Page 5
F) Minutes of all Regular Meetings of the Town Council are made available through
subscription for a fee, and are made available through the Town's Web Site.
SECTION 5. NOTICE AND AGENDA
5.1 PREPARATION AND POSTING NOTICES
A) The Town Clerk, or designee, shall prepare all Public Meeting Notices of the
Town Council, and shall ensure posting of the meeting notices no less than 24-
hours before the date and time set for said meetings in accordance with A.R.S. 38-
431.02.C.
B) Meeting Notices shall be posted at a minimum of three locations within the Town
as established by policy of the Town Council including the Community Center,
Town Hall and the Post Office.
5.2 AGENDAS
A) The Town Manager or designee, shall prepare the Agendas for all meetings of the
Town Council in conformance to the Order of Business as set forth in the Council
Meetings Rules of Procedure, Section 6 or as directed by the Mayor through the
Town Manager. Agendas of all meetings of the Town Council shall be available
to the public no less than 24-hours prior to said meetings.
B) Upon request, Agendas will be provided at no charge to political subdivisions or
educational institutions, and are made available through the Town's Web Site.
5.3 DISTRIBUTION OF NOTICES AND AGENDAS
A) The Town Clerk shall ensure that the Mayor and Council receive copies of all
Town Council Meeting Notices and Agendas, and any documentation provided
for said meeting, no less than 24-hours prior to the meeting.
B) The Town Clerk shall ensure that the Town Council meeting notices, Agendas
and documentation, as deemed necessary, are distributed to the Town Manager,
Town Attorney and Department Directors. Courtesy copies will be available to
the press, public subdivisions and educational institutions, and others as directed
by the Mayor through the Town Manager, no less than 24-hours prior to said
meeting.
C) The Town Manager or designee, may amend a published Agenda, but no less than
24-hours prior to the designated meeting, and only upon receipt of direction from
the majority of Council, or to correct minor errors. Amended Agendas will
indicate the date amended.
EACOUNCIL RULES OF PROCEDURE\FH Rules of Procedures 2002 Tim changes.docLast printed 2n12003 4:34 PM Page 6
r,
Bender, Bev
From:
Andrew McGuire [amcguire@jordenbischoff.com]
Sent:
Monday, February 10, 2003 11:31 AM
Archambault, Michael; Beydler, Jon; Kavanagh, John; Nicola, Kathleen; Stevens, Leesa;
Melendez, Rick; Ralphe, Susan
Cc:
Bender, Bev; Pickering, Tim
Subject:
Tuesday's Meeting; follow-up from 2/6
Council Rules of
Proc.pp 1-5.d...
Mayor and Council,
The purpose of this email is twofold: (i) to transmit the most recent version of the
proposed Council Rules for your review and (ii) provide you with information requested by
Council last Thursday.
Attached you will find the first five pages of the most recent version of the proposed
Council Rules of Procedure. Through a bit of miscommunication between my office and
Tim/Bev, the most recent version containing my changes did not make it into your packets.
Please work from the attached version and discard the previous draft, as the text has
changed significantly. I apologize for the very short review time for this material;_I
presumed that you would prefer to see it a bit late with all of the staff comments rather
than having significant changes to it after your review. If you do not feel comfortable
addressing the matter on such short notice, staff would be happy to reschedule this
discussion.
Set forth below are the applicable State statutes and Town Code provisions relating to
Council direction and control over the employment/discipline/direction of Town staff. As
baseline for you to start from, I will briefly outline, without a lengthy recitation to
e case law that supports it, the principal known as Dillon's Rule. Under the rule, a
general law town, like Fountain Hills, can only exercise those powers specifically granted
to it or those powers necessarily implied from the express grant. Thus, the Town Council
may only exercise those powers with respect to employees as granted by state law. The
two provisions most relevant are as follows:
9-237. Appointive officers
In addition to the common council, the officers of every town shall be a town clerk, town
marshal, town engineer and other officers deemed necessary by the common council, who
shall be appointed as provided by ordinance of the town.
9-239. Council powers relating to appointive officers
A. The common council may prescribe the duties and compensation of all officers of the
town, and provide, by ordinance, the manner of filling vacancies in such offices. The
council may appoint, from time to time, officers and agents of the town whose appointment
is not provided for in this article, and remove them.
B. The common council may require all officers to give bond for the due discharge of their
duties in such sums and with such security as it may direct and approve, and for default
of giving security, may declare an office vacant.
C. The common council may provide severance pay for town officers by ordinance or by
contract with an individual officer.
you can see, 9-237 clearly puts the decision with respect to the appointment of the
Town Clerk, Town Marshal and Town Engineer and other necessary employees in the hands of
1
#the Council by ordinance to determine the method of appointment. After that method is
prescribed, the Council is limited to 9-239 to provide the framework within which the
- appointment will be carried out, unless the Town Code is amended otherwise.
The Town Council has, in the form of provisions in the Town Code, provided that only the
Town Manager, Town Judge and the Town Attorney are to be appointed by the Council; the
,eference in those sections relating to appointment by the Council is clearly missing from
the Town Code provisions relating to the Town Clerk, as set forth below.
Section 3-1-4 Town Clerk
A. Records. The clerk shall keep a true and correct record of all business transacted
by the council and any other records that either pertain to the business of the town or
that the council directs. The clerk shall plainly label and file separately in a suitable
cabinet all resolutions, notices, deeds, surveys, leases, paid and unpaid vouchers,
inventories, letters, orders and other documents of whatever nature.
B. Public Inspection of Records. The clerk shall keep convenient for public inspection
all public records and public documents under his control, as provided by state statute.
C. Monthly Reports. The clerk shall prepare and collect from town officers and
employees such monthly reports prepared in such manner and to include such information as
may be directed by the council.
D. Minutes. The clerk shall prepare or cause to be prepared all minutes of council
proceedings and ensure their correctness and accuracy.
E. Ordinances, Resolutions, Budgets and Notices. The clerk shall process, record,
file, publish and, if required by state statute, post all ordinances, resolutions, budgets
�d notices that may be passed by the council.
F. Election Official. The clerk shall be the town election official and perform those
duties required by state statute.
G. Licenses. The clerk shall issue or cause to be issued all licenses that may be
prescribed by state statute or this code.
H. Administrative Duties. The clerk shall perform those administrative
responsibilities and duties that are conferred upon him by the council or the manager in
addition to those specified in this code.
Additionally, the Town Code has specifically provided that the Town Manager has the
authority to make determinations regarding direction to and the
employment/discipline/termination of all Town employees except for the Town Attorney and
Town Judge. Please see the highlighted portions of 3-3-1 (H) and (I) below:
H. Powers and Duties. The town manager shall be the administrative officer of the town
government and shall be responsible to the council for the proper administration of all
affairs of the town under the specific direction and control of the council. In addition
to the general powers as the chief administrative officer and not as a limitation thereon,
it shall be the manager's responsibility and authority:
To see that all laws and ordinances of the town are duly enforced, and that all
Canchises and privileges granted by the town are faithfully observed.
2
2. To appoint and, when necessary, suspend or remove all employees of the town except
those officers appointed by the council. All appointments and removals shall be based
upon merit and upon the qualifications and disqualifications of such employee without
regard to any political belief or affiliation.
�W- To coordinate the administrative functions and operation of the various departments,
boards, divisions and services of the town government, and on its behalf to carry out
policies, rules, regulations and ordinances adopted by it, relating to the administration
of the affairs of such departments, boards, divisions or services. Such powers and duties
to be subject to the following provisions:
a. That the organizational structure under which municipal services are
performed shall be specified in an organization chart approved by the council.
b. That prior to any creation, combination, consolidation or deletion of
any positions of employment, written job descriptions or amendments thereto shall have
been approved by the council.
4. To attend all meetings of the council unless excused therefrom and to attend, or
designate a representative to attend, all board and commission meetings.
5. To recommend to the council for adoption such measures and ordinances as
are necessary.
6. To recommend to the council at periodic intervals changes needed in the town
code
7. To prepare,and to submit a summary of all contracts, agreements, etc. of
(Wich the town is a party for review by the council before March 1st of each year.
8. To keep the council at all times fully advised as to the financial conditions
and needs of the town. To provide whatever reports to the council as it may deem
necessary.
9. To prepare and submit to the council a proposed annual budget for the next
fiscal year and a financial plan for the subsequent four fiscal years.
10. To analyze the functions, duties and activities of the various departments, boards
and services of the town government and of all employees thereof, and to make such
recommendations to the council with reference thereto, as in his judgment will result, if
made effective, in the highest degree of efficiency in the overall operation of the town
government.
11. To investigate all complaints in relation to matters concerning the
administration of the town, its utilities or enterprises.
12. To exercise general supervision over all public buildings, public parks and
other public property which are under the control and jurisdiction of the council.
13. To devote as much time to the duties of the office of town manager and the
iterest of the town as necessary.
14. To perform such other duties and exercise such other powers as may be delegated
3
from time to time by ordinance or resolution of the council.
I. Council to Act Through Manager. Except for the purpose of inquiry, the council and
its members shall deal with the administrative branch solely through the manager, and
,;wither the council nor any member thereof shall give orders to any subordinate of the
nager either publicly or privately.
I hope you all find this short recitation of the law helpful. Please do not hesitate to
contact me if you have further questions.
Andrew J. McGuire
Jorden, Bischoff, McGuire & Rose, P.L.C.
7272 E. Indian School Rd., Suite 205
Scottsdale, AZ 85251
phone: 480-505-3905
fax: 480-505-3901
This electronic mail message and attachments are intended only for the use of the
addressee named above and may be privileged and confidential. If you are not the intended
recipient, any dissemination, distribution or copying of this electronic mail is
prohibited. If you have received this transmission in error, please (i) notify us by
replying to this electronic mail and (ii) permanently delete this message from your
computer. Thank you.
4
IR
SECTION 1. RULES OF PROCEDURE/AUTHORITY
1.1 PROCEDURES
The following are the basis for and are used in conjunction with these basic Rules of
Procedure for meetings of the Town Council:
A. Arizona Open Meeting Law (ARiz. REv. STAT. § 38-431, et seq.)
B. Town Code
C. Roberts Rules of Order 9th edition as amended
1.2 PRESIDING OFFICER
As provided by the Town Code, the Mayor, or in the Mayor's absence the Vice -Mayor, is
the Presiding Officer of all meetings of the Council. In the absence or disability of both
the Mayor and the Vice -Mayor, the meeting shall be called to order by the Town Clerk,
whereupon, the Town Clerk shall immediately call for the selection of a temporary
Presiding Officer.
1.3 PARLIAMENTARIAN
The Town Attorney shall serve as Parliamentarian for all Town Council Meetings. The
Town Clerk shall act as Parliamentarian in the absence of the Town Attorney and the
Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and
Town Clerk.
1.4 SUSPENSION OF THE RULES
The Council, by a three-quarter vote of all members present, may suspend strict
observance of these Council Rules, other policies and procedures and any applicable
provision of Robert's Rules for the timely and orderly progression of the meeting. In the
event of a conflict between these Council Rules and Robert's Rules of Order, these rules
shall govern.
SECTION 2. DEFINITIONS
2.1 AGENDA
As set forth in the Order of Business, an Agenda is a formal listing of items to be
considered by the Council at a noticed meeting of the Council. The content of the
Agenda may not be changed less than 24-hours prior to the public meeting.
9196.001\Council Rules of Proc.pp 1-5.doc
2-10-03-1
1
2.2 COUNCIL
The Mayor and Common Council of the Town of Fountain Hills.
2.3 COUNCIL PACKET
A compilation of documents supporting the items listed on the Agenda and requiring
Council action, which may be used by Council, staff and the public for more in-depth
information than may be presented in an oral report. The Council Packet is organized as
set forth in the Order of Business set forth in Section 5 below and is provided or made
available to the Council, and internal and external customers, according to Council
Policy.
2.4 COUNCIL RULES
Means these Town of Fountain Hills, Arizona, Town Council Rules of Procedure.
2.5 MEETINGS
A Meeting is the gathering, in person or by technological devices, of a quorum of
members of the Council, at which the members discuss, propose or take legal action,
including any deliberations by a quorum with respect to such action. If a quorum is not
present, those in attendance will be named for the record and, in the absence of the
Presiding Officer, the Town Clerk will adjourn the meeting.
2.6 NEWSPAPER
A daily or weekly paid publication of general circulation within the Town of Fountain
Hills, Arizona.
2.7 NOTICE
A formal announcement to the public that sets the date, time and the place for which a
meeting of the Council will be held. Such notice of meetings shall be in accordance with
the State law, the Town Code or other Rules or Regulations of the Council.
2.8 ORDINANCE
An Ordinance is a Council action setting forth a rule of public conduct that is considered
long-term. Long-term rules include zoning issues, annexations, abandonment's, laws of
the Town and such. The Ordinance, in addition to being referenced by number and brief
title in the Minutes, will be recorded and maintained in numerical sequence as a
permanent record of the Town in a separate set of books. Effective dates of Ordinances
shall be as provided by law.
9196.001\Council Rules of Proc.pp 1-5.doc
2-10-03-1
2
2.9 QUORUM
The minimum number of members of the Council that must be present in order for
business to be legally transacted. With a seven -member body, a quorum is typically four
members, unless otherwise specifically authorized by State law.
2.10 RESOLUTION
A Resolution is a more formal form of a motion normally utilized to set forth policy of
the Town. The Resolution, in addition to being referenced by number and brief title in
the Minutes, will be recorded as provided by law and maintained in numerical sequence
as a permanent record of the Town in a separate set of books. Resolutions are used for
various reasons, such as when specifically required by law, when needed as a separate
evidentiary document to be transmitted to another governmental agency, or where the
frequency of future references back to its contents warrants a separate document to
facilitate such future reference and research. Effective dates of Resolutions shall be
provided by law.
2.11 TOWN
Means the Town of Fountain Hills, an Arizona municipal corporation.
SECTION 3. MEETINGS
3.1 REGULAR MEETINGS
A. The Council shall hold regular meetings on the first and third Thursday of
each month at six thirty p.m. When deemed appropriate any regular
meeting date of the Council may be changed by the Mayor or by a
majority of the Council, except that at least one regular meeting a month
must be held and that such notice of the rescheduled meeting shall be
given to the public as is reasonable and practicable under the
circumstances. All regular meetings shall be held at the Town Hall
Council Chambers or at such place as may be prescribed by the Mayor.
The Council may provide for a "Call to the public" at such regular
meetings.
B. When the day for a regular meeting of the Council falls on a legal holiday,
no meeting shall be held on such holiday, but such meeting shall be held at
the same time and the same location on the day designated by the Council
that is not a holiday.
C. In order to accommodate vacation scheduling of Council Members,
Council may, by vote or consensus, adjust the schedule of the Regular
Meetings to a mutually convenient date and time.
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3.2 ADJOURNED MEETINGS
Any meeting may be adjourned to a time, place and date certain, but not beyond the next
regular Council meeting. Once adjourned, the meeting may not be reconvened except at
the time, date, and place provided for in the motion.
3.3 SPECIAL MEETINGS
The Mayor, or the Clerk upon the written request of four Council Members, may convene
the Council at any time after giving at least twenty-four hours notice of such meeting to
members of the Council and the general public. The notice shall include the date, place,
hour and purpose of such special meeting. In the case of an actual emergency, a meeting
may be held upon such notice as is appropriate to the circumstances.
3.4 WORK SESSIONS
A. Regular Council work sessions will be held at 6:30 p.m. on the first or
third Tuesday of each month, and additional work sessions may be
convened at such time, date and location as determined by the Mayor.
B. Work sessions are held for the purpose of presentations and discussions on
such issues that require more in-depth consideration of the Council than
may be possible at a regular meeting. No formal action of the Council
may be taken at such meetings, other than general consensus or conveying
direction to staff for further action. These meetings shall not provide for a
"Call to the Public."
3.5 EXECUTIVE SESSIONS
Subject to applicable State law, the Council may hold such closed executive sessions as
necessary to conduct the business of the Town. As provided in ARiz. REv. STAT. § 38-
431(2) an executive session is defined as "a gathering of a quorum of members of a
public body from which the public is excluded for one or more of the reasons prescribed
in section 38-431.03."
3.6 EMERGENCY MEETINGS
As provided for by State law, the Mayor and Council or the Town Manager may call a
special emergency meeting to discuss or take action on an unforeseen issue where time is
of the essence and sufficient time does not provide for the posting of a meeting notice 24
hours or more before the meeting. Notice of an emergency meeting of the Council will
be posted within 24 hours following the holding of an emergency meeting. The notice
will include the emergency meeting's agenda and a brief but complete description of the
nature of the emergency. Emergency meetings shall not provide for a "Call to the
public."
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3.7 MEETINGS TO BE PUBLIC
A. With exception of Council Executive Sessions, all Regular, Special and
Work Session Meetings of the Council shall be open to the public.
B. All public meetings may be recorded or photographed by means of audio,
video or photographic equipment; provided, however, that there is not
interference in the orderly conduct of the meeting, and that said equipment
is placed in non -hazardous locations as designated by the Town Manager
or authorized designee.
C. Public comment (Call to the public) is not taken at Work Sessions,
Emergency Meetings or at Special Meetings, unless the Special Meeting is
held in place of a Regular Council Meeting, or unless the called Special
Meeting includes a public hearing on the Agenda.
3.8 MINUTES OF COUNCIL MEETINGS
A. The Town Clerk shall ensure staff attendance at all Regular, Special,
Work Session, Emergency, and Executive Session Meetings of the
Council for the purpose of taking notes and/or audio recordation of the
meeting.
B. To the extent possible, all open public meetings shall be recorded by
means of audio or video technology. In addition, written minutes
reflecting legislative intent shall be taken so that an accounting of the
issues discussed and actions taken is compiled and entered into the
permanent Minute Book of the Town and kept on file and of record in the
Office of the Town Clerk. Audio or video recordings of meetings will be
retained for a period of time in accordance with the current Town of
Fountain Hills and/or State of Arizona approved records retention and
disposition schedules.
C. All meeting minutes of the Council are deemed to be public records, with
the exception of Executive Session minutes, which, while they fall under
the definition of and are considered public records by State law, are
deemed confidential and are only available under limited conditions or by
Court Order. Transcribed minutes, or the audio or video recording of all
open meetings of the Council, must be on file in the office of the Town
Clerk and available for public review by 5:00 p.m. on the third working
day following each meeting, or as provided by State law.
D. Minutes of Executive Sessions shall be (i) confidential, (ii) are maintained
and secured by the Town Clerk and (iii) may be accessed only as provided
by State law.
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E. Minutes of all Regular Meetings of the Council may be approved under
the consent agenda, unless removed for discussion and separate action.
F. Minutes of all Regular Meetings of the Council are made available (i)
through subscription for a fee and (ii) through the Town's Web Site.
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TOWN OF FOUNTAIN HILLS
OFFICE OF TOWN MARSHAL
INTER OFFICE MEMO
TO: Honorable Mayor and Council
DT: 02-07-03
FR: Todd Tate, Interim Town Marshal &
RE: Law Enforcement Report — Work
Scott Penrose, Captai MCSO
Study Session
(,,'w ,T -
The staff is unclear as to the direction of this discussion. The staff has prepared a
summary as to where we stand today to ensure that all council members have the same
point of view. This is a first phase of a multi -phased discussion. We encourage dialogue
between the council and staff to clarify expectations for the March 61h discussion.
Fountain Hills Marshals Department
Staffing Reductions
The budget reduction plan called for the reduction of 6 Marshals Department dispatch
personnel and 3 officers (2 SROs, 1 Special Events). Currently, we are awaiting a
decision by the federal government on grants. Due to a recent Council decision, officers
will not to be laid off until we receive a decision on the grants. Two officers have
resigned since then, bringing the total number of officers to ten.
Responsibilities
The Marshals Department is responsible for enforcement of ordinances and zoning codes.
It is also responsible for secondary traffic enforcement and public property protection.
The department is responsible for crime prevention programs including the Block Watch,
vacation watches, commercial and residential theft assessments and some youth
programs. The department is responsible for security at special events. Additionally, the
Marshals Department is responsible for court security, court collections and service of
court orders and warrants out the Fountain Hills Municipal Court. Finally, the
department is responsible for animal control and dog licensing.
Changes
Due to a reduction in dispatch staff, Marshals Department officers are being dispatched
by the Maricopa County Sheriffs Office. Portable radios are on loan from the MCSO
until the radios purchased by the Town are programmed. The department's main window
is now open only from 8 AM to 12 PM and from 1 PM to 5 PM Monday through Friday.
Changes have been made to the Marshals Department 837-8800 number. When residents
call the number, they are given a choice of where they want their call to be routed. They
are asked to call 911 if they have an emergency. By pressing a button they can be
forwarded to the MCSO dispatch if they need an officer, to the Marshals Department for
follow up on an ordinance, a crime prevention program, dog licensing or to other Town
departments if they choose. Another change is that the Marshals Department no longer
has school resource officers assigned to the high school. Response to calls at the high
school is being handled by the MCSO.
Future Considerations
It has not been determined when the majority of ordinance and zoning enforcement will
be transferred to the Building Department. An on -going process is the determination of
what programs will stay or be cut within the Marshals Department. Since switching to
the MCSO radios, Marshals Department officers have been able to help MCSO officers
with calls requiring additional officers, such as fires or escaped suspects. If Marshals
Department officers need assistance, they too, will request assistance from officers of the
MCSO when needed. Officers of the Marshals Department will continue to work with
the dispatch staff and officers of the Maricopa County Sheriffs Office to provide the best
service possible to the community.
Fountain Hills Sheriff's Office
Staffing/Reductions
1%. The Sheriff s Office was requested by the Town of Fountain Hills to assist in the cost
reduction for the current 2002/2003 budget. This request came in the form of reducing
the current staffing from 3.0 beats to 2.66 beats. This reduction represents approximately
$140,000.00 in savings. The new contract has been completed and should be signed this
week (February 10, 2003).
The reduction in staff will come during the late evening hours Monday through Friday.
During this time the third deputy assigned to Fountain Hills will also be responsible for
50% coverage for the areas of Rio Verde and Goldfield Ranch.
Responsibilities
The reduction in the contract equates to the loss of approximately three deputies. The
Fountain Hills Sheriff s Office will still maintain four complete squads and a detective
division including three detectives and a supervisor. The Sheriff s Office will respond to
all calls for service pertaining to crimes, citizen assists, and crime prevention. The
Sheriff's Office will handle calls for service pertaining to code enforcement when the
Marshal's Department is not on duty.
The Sheriff's Office communications center will dispatch all calls for service for both
agencies. Both agencies are assigned to the same radio frequency. This allows each
deputy to hear what is occurring on every call and promotes excellent officer safety.
Recently, both agencies responded to a fire at the Wendy's restaurant. The new radio
procedures allowed both agencies to coordinate their efforts and handle the situation
flawlessly.
The Sheriff's Office will still provide any and all resources to the town at no charge. This
includes the Sheriff's Posse, SWAT, Aviation, K-9, Drug Enforcement, Special
Detectives, and Motors.
Changes
Recently the Fountain Hills Sheriff's Office has coordinated efforts with the high school
to have a part-time school resource officer in place. Because of the terms of the contract,
we could not supply a full-time deputy. Doing so would contradict the actions promoted
by the town manager. However, our day -shift deputies will use the campus to do follow-
up, eat lunch and promote drug education at every available opportunity. They will be on
campus several hours during the week.
Future Considerations
The Maricopa County Sheriff's Office is committed to the Town of Fountain Hills. The
Sheriff's Office will work hand in hand with the Mr. Pickering and Marshal Tate to
enhance the level of service that the citizen's of Fountain Hills receive. Captain Penrose
and Marshal Tate will continually monitor their departments and evaluate the staffing
levels. The Sheriff's Office will work hard not to allow this reduction to affect the quality
of service the Town now receives.