HomeMy WebLinkAbout2011.0421.TCRM.Minutesz:\council packets\2011\r5-5-11\110421m.docx Page 1 of 10
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
APRIL 21, 2011
* CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Schlum called the meeting to order at 6:30
p.m. in the Town Hall Council Chambers.
* INVOCATION – Reverend Chip Aker, Four Peaks Community Church
* ROLL CALL – Present for roll call were the following members of the Town Council: Mayor Schlum, Vice
Mayor Contino, Councilmember Dickey, Councilmember Hansen, Councilmember Brown. Councilmember Elkie,
and Councilmember Leger. Town Manager Rick Davis, Town Attorney Andrew McGuire and Town Clerk Bev
Bender were also present.
* MAYOR’S REPORT
(i) The Mayor will read a Proclamation declaring May 1 through May 8, 2011 as Days of Remembrance.
Mayor Schlum stated that the Holocaust was the state-sponsored, systematic persecution and annihilation of European
Jewry by Nazi Germany and its collaborators between 1933 and 1943 and during that time six million people were
murdered and millions more suffered grievous oppression and death under Nazi tyranny. He said that the history of the
Holocaust offers an opportunity to reflect on the moral responsibilities of individual freedom in a just society and
stressed that we should always remember the terrible events of the Holocaust, remain vigilant against hatred, persecution
and tyranny and should actively rededicate ourselves to the principles of individual freedom in a just society. The Mayor
added that pursuant to an Act of Congress, the United States Holocaust Memorial Council has designated Days of
Remembrance to remember the victims of the Holocaust and to reflect on the need for respect of all people. Mayor
Schlum stated that it is his honor to proclaim the week of May 1st through May 8th Days of Remembrance in Fountain
Hills and urged all of the citizens to work to promote human dignity and confront hate whenever and wherever possible.
* SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
(i) Presentation by Bill Myers, Chair of the McDowell Mountain Preservation Commission, relating to search and
rescue signage for public safety in the Town's Preserve.
Bill Myers, Chair of the McDowell Mountain Preservation Commission, addressed the Council and highlighted a
presentation relative to search and rescue signage for public safety in the Town's Preserve (a complete copy of the
presentation is available in the office of the Town Clerk). Mr. Myers said that he was there to talk about the emergency
signage package as well as informational and helicopter landing zone signage in the Preserve. He noted that Steve
Fleming, Chair of the Sonoran Conservancy, will also provide some information relative to all the work that has gone
into this project.
Mr. Myers reviewed slides contained in a PowerPoint presentation regarding an emergency marker and landing zone
location plan and discussed the Promenade Trail, the Overlook Trail & East Access Trail, the Western Loop Trail and the
Sonoran Trail and referred to photographs of the proposed signage/markers. He discussed increased use of the trails and
the importance of having the signage in place and providing info rmation to people who hike the various trails. He noted
that the Preserve is about 15 times the size of Fountain Park and will probably be the most expensive asset the Town will
ever buy. He said that a lot of people were involved in this project and named just four of the hundred volunteer s who
donate their time and energy. He stated that without everyone's hard work, this project would never have come to
fruition.
Mr. Fleming addressed the Council and said that the Conservancy put the signs in and made 110 holes. He discussed the
large volume of materials that had to be carried into the Preserve in order to accomplish this project and said that without
the blood, sweat and tears of everyone involved (over 300 hours of free labor) they would not have been able to stand
before the Council this evening and report that the important public safety signage is now in place. He said that once
they opened up the Sonoron Trail people started coming and discussed connecting links that they are working on now.
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He thanked Mark Mayer for his assistance and the Town for their financial support to create the signage. He said that
should an emergency occur, the chance of saving someone has improved greatly by this project.
Mayor Schlum thanked Mr. Myers and Mr. Fleming for the presentation and stated that the Preserve is beautiful and now
that much more usable and safer thanks to their efforts and the efforts of all the wonderful volunteers. The Mayor
encouraged the citizens of the Town to visit the Preserve and enjoy all of the beauty that surrounds the Town and is a part
of Fountain Hills.
Mr. Myers and Mr. Fleming presented the Mayor with an official copy of the plan.
Mayor Schlum noted that up until Monday they had an update by Allied Waste listed on the Agenda and it was removed
and will likely be on the next agenda. He said that if anyone is present for that item and would like to share his/her
comments, they can do so under the Call from the Public.
CALL TO THE PUBLIC
Town Clerk, Bev Bender, advised that Mr. Boe James wished to speak under this item.
Mr. James, President of the Fountain Hills Republican Club, addressed the Council and spoke in support and high regard
for the Constitution of the United States. He said that from time to time it is good for everyone to get a refresher course
regarding the Constitution and what it stands for and announced that on Saturday, April 23rd, the Fountain Hills
Republican Club is sponsoring a non-partisan course on the Constitution at the Community Center at 9:00 a.m. He
encouraged the Mayor and Council, Town Manager, Town Attorney and Town Clerk to attend the seminar as guests of
the Republican Club.
CONSENT AGENDA
AGENDA ITEM #1 – CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES
FROM APRIL 7, 2011.
AGENDA ITEM #2 – CONSIDERATION OF RESOLUTION 2011-14, GRANTING AN UNDERGROUND
POWER EASEMENT TO THE SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER
DISTRICT (SRP), IN A PORTION OF AN UNPLATTED, TOWN-OWNED PARCEL OF LAND, LOCATED
JUST NORTH OF AN ALLEY AT THE NORTH EDGE OF PLAT 205 (NORTH OF COLONY DRIVE).
Councilmember Leger MOVED to approve the Consent Agenda as listed and Councilmember Brown SECONDED the
motion.
A roll call vote was taken with the following results:
Councilmember Dickey Aye
Mayor Schlum Aye
Councilmember Leger Aye
Councilmember Hansen Aye
Vice Mayor Contino Aye
Councilmember Brown Aye
Councilmember Elkie Aye
The motion CARRIED UNANIMOUSLY (7-0).
REGULAR AGENDA
(Agenda Items 3 and 4 were discussed out of agenda order.)
AGENDA ITEM #4 - CONSIDERATION OF AN ENCROACHMENT PERMIT APPLICATION SUBMITTED
BY CAROLYN REDENDO (SOFRITA, LLC) FOR THE PURPOSE OF CREATING AN OUTDOOR SEATING
AND DINING AREA LOCATED IN FRONT OF THE RESTAURANT AS WELL AS CREATING A
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PERFORMANCE AREA FOR FLAMENCO DANCERS AND OTHER ENTERTAINMENT ON THE PUBLIC
SIDEWALK AT 16848 E. AVENUE OF THE FOUNTAINS
Mayor Schlum advised that Senior Planner Bob Rodgers will provide a report on both Agenda Item 3 and 4 at the same
time.
Mr. Rodgers addressed the Council and stated that the reason for these requests coming before Council is because the
restaurant wishes to utilize a portion of the public sidewalk for outdoor seating, dining and entertainment purposes. He
referred to a diagram of the restaurant and proposed request (a complete copy of the presentation is available in the office
of the Town Clerk) and noted that such encroachment requires Town Council approval. He stated that the area would be
enclosed within a three-foot tall wrought iron fence around the dining area that would be permanently affixed to the
sidewalk. He added that the fence would have to be located in such a manner as to provide proper ADA (Americans With
Disabilities Act) access in and around the area. He referred to additional photograp hs of the restaurant and advised that
the entertainment area is proposed to be located under the existing shade canopy located at the nearby crosswalk. He
stated that no permanent structures are being proposed and temporary wooden floor panels will be placed there during the
dancing and removed afterward. He said that all activities are proposed to be on the public sidewalk and will be arranged
so as not to block pedestrians from passing through.
Mr. Rodgers further stated that the proposed activities are currently being conducted in the proposed locations and staff
has advised the applicants that they could only continue pending a final decision from the Council. He explained that if
the Council denies the request all such activities must stop. He added that the applicant was also advised that this
temporary leniency does not include permission to serve alcoholic beverages in violation of State law. Mr. Rodgers noted
that staff has reviewed and supports the proposal. He said they believe that such activities should be encouraged, as they
will help enhance the downtown business climate by attracting more residents to the area. He added, however, that there
are serious issues that must be addressed in order for the proposal to be approved. He said that many of the issues relate
to Federal and State laws that may not be waived or modified by the Town, as outlined in the staff report included in the
Council's packets (the Building Safety Division identified issues associated with the Building Code, ADA ac cess and
restrooms and the Engineering Department has noted issues related to ADA access, indemnification insurance, potential
pedestrian/vehicle conflicts and after-hours cleanup).
Mr. Rodgers stated that both the Planning & Economic Development departments believe that approval could potentially
benefit the downtown business climate by attracting more customers to the area and added that approval will also most
probably result in similar applications from other restaurants and retailers in the downtown area. He added that denial of
the request will require that the Sofrita restaurant immediately cease their outdoor activities and dining within the public
right-of-way. He stated that staff recommends approval of both requests subject to an annual review and re-approval of
the Encroachment permit by the Council and compliance with all of the requirements noted as outlined by the Building
Safety and Engineering Divisions. He indicated his willingness to respond to questions from the Council and stated that
the applicants are also present.
Mayor Schlum thanked Mr. Rodgers for his presentation and called for a motion on Agenda Item #3(Extension of
Premise).
Councilmember Leger MOVED to approve the Extension of Premises License for the Sofrita restaurant, located at 16848
E. Avenue of the Fountains, as presented subject to the applicant addressing the requirements and conditions outlined in
the Building Safety Division and Engineering Division review reports to the Town's satisfaction as well as satisfying the
Department of Justice ADA access requirements and Councilmember Dickey SECONDED the motion.
In response to a request from Councilmember Elkie for clarification relative to the review timeframe, Mr. Rodgers
explained that six months is the standard review time for Encroachment permits on a long-term basis and said that this
was a request for permanent encroachment and staff is recommending that there be an annual review at least for the first
couple of years.
Councilmember Hansen said that it appears that they should be addressing the Encroachment permit first because without
that they would not have the Extension of Premise permit in that area.
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Town Attorney Andrew McGuire said that he believes that the order should be the Encroachment permit first and then the
Extension of Premises because if for some reason the Council says no to the Encroachment, they don't want to approve the
Extension.
Mayor Schlum stated that they could do the Encroachment permit first and asked if they needed to withdraw the motion.
Town Attorney Andrew McGuire advised that the motions should be withdrawn.
Councilmember Leger WITHDREW his motion.
The Mayor said that they would move on to Agenda Item #4 and called for a motion.
Councilmember Dickey MOVED to approve the Permanent Encroachment Permit for the Sofrita restaurant, located at
16848 E. Avenue of the Fountains, as presented, subject to the applicant addressing the requirements and conditions
outlined in the Building Safety Division and Engineering Division review reports to the Town's satisfaction as well as
satisfying the Department of Justice ADA access requirements (subject to an annual review) and Councilmember Elkie
SECONDED the motion.
Ms. Bender advised that two citizens wished to speak on this agenda item.
Gene Slechta addressed the Council and said that he would like the Council to deny this request to encroach on the public
right-of-way. He stated that he believes that the large width of sidewalk being proposed to be used by the applicant leaves
an absence of sidewalk for the residents and visitors of Four Peaks. He added that vehicles parked in front of the business
will protrude over the curb by one and a half to two feet. He said that the street lamp sits one and a half to two feet insi de
the curb and this would place it in the middle of the walkway. He asked why walkers should have to deal with this
restraint in the downtown area. He noted that the sidewalk is ten feet wide and stated that even sidewalks in residential
areas are typically six to eight feet wide. He added that behind Plaza Fountainside businesses have expanded their
outdoor seating and dining areas and after their expansions the sidewalk is still eight to nine feet wide, which makes for a
very comfortable walking area when multiple pedestrians are in the area. He asked what would happen if a lot of
businesses on the Avenue followed suit and expanded two-thirds across the sidewalk as the applicant is requesting. He
questioned whether there will be people walking in the street in order to get around pedestrian traffic or dogs leashed to
the fence outside the restaurant. He asked what will happen when the business changes hands and the new owner has no
need for the fence or when the right-of-way is damaged or the restrictions are not adhered to. He pointed out that the
Town is strapped on resources and this would place a strain on Code Enforcement to address these future issues. He also
noted that they cannot even enforce A-frame signs and this added enforcement burden is not needed. Mr. Slechta further
stated that he wonders what would happen if there is a severe injury or death in this area -- who is to say that the narrow
walkway approved by this body was or was not responsible. He expressed the opinion that another solution exists and
noted that this business, like many others, has an enviable location adjacent to the Courtyard (a 25 foot frontage on the
west side) and stated that the Courtyard is about 65 feet wide so there is plenty of room to expand out to the west of the
restaurant. He asked whether this has been explored and, if it has, what was the result of those discussions. He stated the
opinion that the location to the west of the restaurant is a win-win-win situation. He reiterated that the request should be
denied and recommended that all vested parties look at providing Sofrita a better solution for their business.
Frank Ferrara, Chief Executive Officer of the Chamber of Commerce, noted that the applicant is a member of that group.
He noted that the applicants took the opportunity to enter into two investments in Town and they believe in the Town and
the Town believes in them. He said he believes that the Chamber would like to see the Council unanimously approve this
particular issue and added that the applicant will follow the staff's recommendation for approval. He stated the opinion
that staff has done a very thorough job on this matter, including an annual review stipulation, and added that as far as the
fence, the removal of a few bolts in the future, can eliminate it. He expressed the opinion that the proposal would really
dress up the Avenue and questioned whether their Vision calls for the Town to have a centerpiece in the downtown area
and said that the Avenue of the Fountains is such a centerpiece. He sta ted that if the applicant receives approval, perhaps
others will follow and he would hope they would because the ambience of outside dining is magnetic (he provided
examples of such restaurants in New York and even Phoenix) and said that outside dining creates a very happy, friendly
and welcoming atmosphere. He stated that he does not believe that safety is an issue and the sidewalk appears to be wide
enough (probably even wider than some) and added that the Town could probably use some additional income. He
thanked the Council for allowing him to speak on this topic and reiterated his request that the application be approved.
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Mayor Schlum thanked the speakers for their comments.
Councilmember Dickey asked if the Council had ever denied anything like this and Mr. Rodgers replied that since he has
been with the Town he cannot remember receiving a request like this one (with a permanent structure out in the public
sidewalk).
Councilmember Dickey questioned whether any of the neighboring businesses had weighed in on this request and he
replied no, he had not received any questions from any of them.
In response to another question from Councilmember Dickey, Mr. Rodger stated that the proposal is not ADA compliant
right now but it will be if the Town gives them the permit because it is based on stipulations that must be adhered to. He
confirmed that encroachment does not mean ownership; the sidewalk still is part of the Town's property (the applicant
would just be receiving approval to encroach within the public right-of-way).
Councilmember Dickey asked if other businesses decided to follow suit, as suggested by Mr. Ferrara, whether this would
be something that the Town would welcome and Mr. Rodgers advised that this is something that was adopted as part of
the Downtown Master Plan -- a more vibrant and active downtown area with outdoor dining and seating -- so staff would
be prepared to deal with that in a similar manner as this case. He added that staff would just have to make sure that the
applicants complied with the Ordinances and they would also likely be subject to annual reviews as well. He noted that
the current proposal, if approved, will come back before the Council in a year as recommended by staff.
Councilmember Hansen commented that in looking at Randy Harrell's memo, there seems to be some contradiction with
the recommendation. She noted that in the memo it states that 3 feet needs to be maintained clear between the pole and
the curb and asked what the distance is between the lamp post and the fence (it seems to be less than 3 feet).
Mr. Rodgers responded that the fence kind of jogs right around the pole and when it is affixed it will have to allow for
ADA access around it. He added that it can't be left loose because waiters or other s would brush up against it and push it
and move it around.
Councilmember Hansen advised that she agrees with a number of the things that Mr. Slechta brought up and said that the
car that is parked there is not anywhere near the curb and generally when people park they "kiss" the curb with their tires
(they will be overhanging onto the sidewalk). She asked if there were some other alternatives and noted that there is the
area to the east of the applicant's door and asked if their current outside seating goes to the zero lot line.
Mr. Rodgers replied that their lot is about a foot and a half to two feet out in front of the front wall (part of the current
patio is on public sidewalk).
Councilmember Hansen stated that she agrees with Mr. Ferrara that this is totally what they want to see downtown but
said they need to look at what is the best way to achieve their goal. She added that the common areas in 208 are just
begging for that type of use and she thinks it would benefit everybody and make better use of the property. She said that
she is concerned that walking down there, when you get to the streetlight, two people would almost have to go single file
in order to get by. She advised that she hopes they could come up with a better alternative.
Mr. Rodgers informed the Council that there are a couple of other things that are interesting about this property in that
when it was the previous restaurant, Boulevard Cafe, the owners came to the Council and were granted permission to
create a valet station out front, which would in effect have eliminated those parking spaces directly out front. He noted
that they never did create the valet station but the permit is still active (goes with the property) and so the applicant cou ld
potentially eliminate the spaces and alleviate some of what Councilmember Hansen has spoken about. He added that staff
also considered putting some tire bumps in place rather than letting the cars bump into the curb (and keep the cars back a
little bit). He said to Councilmember Hansen's other point regarding the Courtyard area, he knows that the applicant
talked to the 208 Association but he does not know where those discussions have gone. He stated that the last time he
spoke to the applicant about that they hadn't gotten anywhere.
Councilmember Brown advised that he too has the same feelings about Mr. Slechta's comments and said he brought up
some good points. He added that he also sees some very positive aspects of having the outside seating area, as expressed
by Mr. Ferrara, and he would like to see a six-month first review rather than a one-year first review (for the first twelve
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months) and then go to a twelve month review period. He said that in this way if there is a problem that truly needs to be
addressed, they won't have to wait a year to do so. He added that he likes the idea and would like to give it a try based on
the first six-month review.
Vice Mayor Contino stated that first of all he encourages business -- they need more businesses in Town and they need to
be business friendly. He said that he travels along the Avenue every day and the problem that he has is he sees lots of
dogs walking there with their owners and people with baby carriages. He questioned whether there is three feet there and
if there is, why couldn't they move the fence in a little bit and make it straight instead of angling it in.
Mr. Rodgers said that second part of the Vice Mayor's question would be best posed to the applicant -- how do they want
to configure the outside and reiterated that right now the fence is not in compliance with ADA -- it's moveable and goes in
and out and probably does block the ADA access.
Vice Mayor Contino asked what would happen when Town Fairs are held and there is a lot of pedestrian traffic on the
sidewalk.
Mr. Rodgers responded that as the Town Engineer noted, there are potential conflicts.
The Vice Mayor said that as far as the bumpers Mr. Rodgers mentioned, sometimes he is forced to go out into the street
because of the traffic and things on the sidewalk and discussed cars being two to three feet out into Avenue of the
Fountains. He stated the opinion that the bumpers would increase this occurrence.
Mr. Rodgers advised that the bumpers are just one option that could be explored and said that staff would ha ve to look at
that.
Councilmember Elkie asked if he was walking along Avenue of the Fountains front the direction of the Park along the
fence line in front of Sofrita, what the distance of the fencing would be from start to finish until he got to the Courtyard
area and Mr. Rodgers replied that he didn't have the exact measurements. Councilmember Elkie asked if Mr. Rodgers
could estimate how long it would take to walk from one end of the fence to another and Mr. Rogers said 30 to 40 seconds
at most. Councilmember Elkie noted that the fence has been up several times prior to today (and Mr. Rodgers concurred)
and asked if Mr. Rodgers had a chance to monitor traffic flows while the fence was up. Mr. Rodgers stated that he had
not but said that he had gotten reports that it seemed to work okay. He added that he has not received any complaints
about the fence on the Avenue. Councilmember Elkie asked if any other staff member could speak to traffic flows or lack
thereof along the fence when it has been up and Mr. Rodgers advised that he knows some staff members have been there
during Thursday night events but they are not in the audience tonight.
Discussion ensued relative to the fact that the fence has not been designed yet because it has to be ADA compliant both
inside and outside and based on the time it would take time to do that, it would have been premature to design it prior to
Council approval of the request; the fact that the fence would be easy to remove; there would be just a few bolts holding it
down, Councilmember Elkie's request that the applicant, Carolyn Redendo come forward, and his questions regarding
dogs being tied to the fence outside of the restaurant and hampering pedestrian traffic and outdoor activities, i.e. flamingo
dancers and other activities, what would be anticipated as far as what would be occurring (including the other area under
the canopy) and any measures she has considered to prevent traffic/pedestrian blockage and Ms. Redendo's response that
they have long been restricted as a restaurant for pets and as far as outside they typically don't have many people bring
their pets at night but they wouldn't be allowed to be tied to a gate; the fact that the restaurant also has to comply with
local and State health codes; Mr. Redendo's comment that the entertainment is restricted to the wooden floors that have
been installed and the fact that they have noticed that pedestria ns will sit underneath the Pavilion near the circle and Ms.
Rendendo said that they encourage people to do that rather than have to patronize the restaurant; her comment that most
of the time on both sides of the Avenue the parking lot will be filled and s ometimes the cars travel slow but experience
has shown they might slow down a little, to see what is going on, but they don't usually stop (like at the Farmer's Market);
she clarified that pets could be outside the restaurant but they are not allowed to be tied down so that the sidewalk is not
blocked; the fact that staff outside tries to make sure that everything is going well and each performance is different; Ms.
Redendo's comment that they have noticed that people sit or stand around the Courtyard, as mentioned, but in that area
there are four or five benches and that is where people typically sit (not many stand because performances are long) and
the fact that people have not been standing or blocking the area.
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Mayor Schlum asked Ms. Redendo to comment on the discussions regarding 208 because that seems to be an obvious
solution and one that would not infringe on the sidewalk and is a fairly pretty area. He asked if there were options in the
future that could be explored.
Ms. Redendo advised that she hasn't heard back as far as 208 and said that they have been working on just using the two
tables on the side. She stated that they really can't put many tables there because it is close to the door and there is a
sidewalk there that has to be accessible to the public. She noted that they have approached them regarding some other
things that they are trying to do more in the back area (revitalize the alleyway) and they haven't approved that one. She
said that she would probably have to go to one of the Board meetings because they have been contacted by e-mail but she
has not heard anything back. She added that right behind them is the gift shop and they don't want to block their visibility
(usually the A-frame signs go on that corner so they want to make sure visibility is not impaired for them and other
businesses behind the restaurant). She said they would be able to put two tables close to their door and make sure they
have access because that is where wheelchair access is needed. She advised that th ey are trying to work with the people
regarding 208 and added that they would not be able to use the tables because according to the Liquor Department they
would have to enclose that whole Courtyard so they would have to go around it (there is a kind of trail in there).
Mayor Schlum commented that he remembers that it is kind of a desert area and it would be difficult to place four, five or
six tables there and it would have to be fenced off as a separate area as well if they wanted to have alcohol out there.
In response to a question from Mayor Schlum as to how in Ms. Redendo's opinion it has been working (since the fence
has been up), Ms. Redendo advised that the restaurant wants to be in compliance so they set the fence up and then break it
back down after the events. She added that it is a learning process and they visualize growing with the Town and having
the whole Avenue built up as far as people. She said that they want other businesses there. She noted that the fences are
currently portable, which is a little difficult for them, but they have not received any complaints. She stated that they
encourage other businesses to do the same, similar to what is happening in Phoenix, and said that it does liven up the area.
Councilmember Leger noted that Ms. Redendo used the words "learning process" and said that for the longest time there
have been discussions regarding the importance of creating a vibrant downtown. He stated that he shares some of the
same concerns that were raised this evening but, at the same time, he thinks at some point they need to take some risks
and experiment with something that is a little different and new. He added that he too views it as a learning process and
he is very comfortable looking at it as a pilot program and he t hinks that the six months review period makes sense for the
first year in order to see how it works out. He said that it is important to work with the business owner and make
adjustments as needed. He stated that he thinks the proposal is good for Fountain Hills and good for the downtown area.
He said that with respect to pedestrian and ADA access, he believes that they can work through those issues.
Councilmember Dickey asked if there was any reason to see how it works through The Fair because six mont hs wouldn't
quite get them there.
Councilmember Elkie advised that the right-of-way encroachment permit calls for expiration in six months.
Mr. Rodgers clarified that the application was for a permanent permit and staff recommended that the Council allow that
subject to annual reviews. He point out that now they are talking about six month reviews for the first year.
Councilmember Elkie commented that as far as it being permanent, if the Council decides to revoke it t wo months after it
is issued is that something that could be done.
Mr. Rodgers advised that he is sure they could revoke the permit at the six month review period but prior to that he would
defer to the Town Attorney.
Town Attorney Andrew McGuire addressed the Council and said that in grant ing the encroachment permit, whatever
conditions the Council places on the permit at the time of the granting will be what governs it. He advised that this begs
for a little more permanent document than the typical encroachment permits, which leads him to the same conclusion that
staff reached -- make it an annual renewal so the Council can see whether or not they like the process and if they do, they
can covert this into something for this specific use rather than an encroachment permit process. He added that right now
encroachment permits are six months and done so if the Council wants it to continue on for the one year period that
should be part of the approval this evening.
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Councilmember Elkie said it was his understanding that the motion was for one year and the Mayor stated that was correct
and they would have to amend the motion.
Councilmember Elkie MOVED to amend the motion to reflect a six month review period. He expressed the opinion that
this will give the Council sufficient time to see whethe r it works or not and it also gives staff time to work out the kinks
(parking, accessibility, etc.). He commented that they obviously want to encourage growth in the downtown area and he
agrees that this is somewhat of a pilot program and they should invite this with restrictions of course and have the ability
to reign it in if there is a problem.
Vice Mayor Contino SECONDED the amendment to the motion.
Councilmember Brown stated that they should review the process after t he first six months and then he would hope that if
the process really causes havoc to The Fair that the restaurant would take it down without being asked. He added that at
the first 12 month review the Council could take a look at The Fair.
Mayor Schlum called for a vote on the amendment to the motion (a six month review).
The motion CARRIED UNANIMOUSLY (7-0).
Mayor Schlum advised that he would like to have a little bit more sidewalk remaining outside of the fencing but they are
obviously constrained by what they have before them tonight. He said perhaps curb stops could be put in and staff could
work with the property owner on that. He asked if that was part of the conditions placed on the four or five parking
spaces out front.
Mr. Rodgers replied that that was one of the options t hat staff discussed with the Town Engineer. He stated that there are
a number of options that staff is going to look at.
Mayor Schlum commented that he thinks that would be a great idea and noted that it would not place a huge investment
burden on the owner of the establishment and would help ensure that there is enough sidewalk space for people walking.
He stated that the Vice Mayor could provide great feedback on that and added that as long as the fence jogs around there
should be ample room to get a cart ot wheelchair around there although it will be more narrow than it currently is.
The Mayor asked whether the tables and chairs would remain outside when the business is not open and she replied yes.
Mayor Schum said that this provides some benefit to people who want to sit along the Avenue outside of business hours.
He noted that there are some benches but not a lot of outdoor seating is available. He advised that this is something that
the Town certainly wants to see more of in downtown. He noted that it is not going to be perfect and that is where they
will have to find their way (the reason behind the six month review period during the first year). He added that perhaps
some adjustments will be made at the six month point and asked if the fencing is needed primarily for the alcohol.
Mr. Rodgers replied that it is required by Town ordinance.
The Mayor pointed out that that there is just a little bit of parking behind the building and he assumes that parking is not
an issue and Mr. Rodgers advised that there is plenty of parking in Plat 208.
Mayor Schlum asked Ms. Redendo if she was comfortable with the six month review timeframe and she confirmed that
she was.
Vice Mayor Contino stated that he is still really concerned about the bumpers and noted that today a car was sideswiped
and hit another one while the driver was texting going down the street. He said that the area is tight and he has actually
seen three cars come down that Avenue and he is concerned with everyone's safety. He added that th e bumpers will push
the cars back out into the Avenue.
Mr. Rodgers assured the Council that staff will look at the whole picture and if it turns out that the bumpers create more of
a hazard than they help, obviously they would not go that route.
Vice Mayor Contino said that he just wanted to make sure that his concern was on the record.
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Councilmember Elkie stated that it is important to point out that the evenings in Town are not exactly jumping with night
life and during the summer months it is rare to see someone walking along the Avenue so he doesn't believe they are
going to see many problems as far as traffic. He added that they should be so lucky as to have traffic congestion in the
downtown area and thanked the applicant for bringing this forward and wished her much success in this expanded
venture.
Mayor Schlum noted that this is reminiscent of some of the photographs they saw in the Downtown Vision Planning
session; creating a nice atmosphere downtown. He said that there are some things to work around but he thinks this gives
them all a good chance to try it. He stated that the restaurant has been bringing a lot of vibrancy to the downtown and
they are all thankful for that and believe this is worth doing at this time, subject to the conditions, and said he is excited
about the venture proceeding on a permanent basis rather than having the applicant haul the fence in and out.
Councilmember Elkie asked if they could direct staff to be prepared in six months to present an assessment of how this
has worked out or not (any potential problems or issues) so that the Council can get a good idea of how it is working. The
Mayor said that this was a good idea.
Councilmember Hansen asked when it comes to getting a permanent extension of premise, does it h ave to be adjacent to
the original structure (if a portion of it would be across the sidewalk from the restaurant is that okay?).
Mr. McGuire responded that he believes the Town has had some in the past that have been separated a little bit but they
could certainly go back and take a look at that.
Councilmember Hansen stated that she just thinks there is such an opportunity to use those common areas and it would
seem that this might be something that Lori, with the Downtown Merchants, working with 208 can look at -- how they can
better use the nice little areas in the downtown. She added that with a little remodeling those areas could have a better us e
and this would be a goal to strive for.
Mayor Schlum thanked the applicant and staff for their efforts in this regard and called for a vote on the main motion.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #3 –CONSIDERATION OF A PERMANENT LIQUOR LICENSE EXTENSION OF
PREMISE/PATIO PERMIT APPLICATION SUBMITTED BY CAROLYN REDENDO (SOFRITA, LLC) FOR
THE PURPOSE OF CREATING OUTDOOR SEATING AND DINING AREAS LOCATED IN FRONT OF THE
RESTAURANT ON THE PUBLIC SIDEWALK AT 16848 E. AVENUE OF THE FOUNTAINS.
Councilmember Dickey MOVED to approve the Extension of Premises license for the Sofrita restaurant located at 16848
E. Avenue of the Fountains, as presented subject to the applicant addressing the requirements and conditions outlined in
the Building Safety Division and Engineering Division review reports to the Town's satisfaction as well as satisfying the
Department of Justice ADA access requirements subject to a six month review and Councilmember Elkie SECONDED
the motion.
The motion CARRIED UNANIMOUSLY (7-0).
AGENDA ITEM #5 - QUARTERLY UPDATE BY THE TOWN MANAGER ON THE PROGRESS OF
IMPLEMENTING THE COUNCIL’S GOALS FOR FY 2010-11 AND OTHER ACCOMPLISHMENTS.
Town Manager Rick Davis addressed the Council relative to this agenda item and said that during the Goal Setting Retreat
on January 14, 2010, the Council established eight primary goals for Fiscal Year 2010-11 and the Town Manager and staff
held a follow up meeting to develop specific objectives and identify resources necessary to carry out the goals.
Mr. Davis advised that he is very pleased to report that at the end of the third quarter staff finds themselves a little bit
ahead and said that in the last quarter they were pretty much on par (a complete copy of the presentation is available in the
office of the Town Clerk). Mr. Davis reported that things are going well and staff appreciates the dialogue they have had
with the Council to evaluate some of the goals or initiatives that no longer held some relevance. He pointed out th at a
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section of the report contained in the Council's packets pertains to other accomplishments that are related but not
necessarily specific to the previously established initiatives. He indicated his willingness to respond to any questions
from the Council either now or at their convenience. He noted that the report is on line for anyone to read.
Mayor Schlum thanked Mr. Davis for his comments.
AGENDA ITEM #12 – COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER.
Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing
staff to conduct further research and report back to the Council.
None.
AGENDA ITEM #14 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY
THE TOWN MANAGER.
None. Mayor Schlum wished everyone a very happy Easter.
AGENDA ITEM #14 - ADJOURNMENT
Councilmember Elkie MOVED to adjourn the meeting and Councilmember Brown SECONDED the motion, which
CARRIED UNANIMOUSLY (7-0). The meeting adjourned at 7:50 p.m.
TOWN OF FOUNTAIN HILLS
By __________________________
Jay T. Schlum, Mayor
ATTEST AND
PREPARED BY:
_________________________
Bevelyn J. Bender, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session held by the
Town Council of Fountain Hills in the Town Hall Council Chambers on the 21st day of April, 2011. I further certify that
the meeting was duly called and that a quorum was present.
DATED this 5th day of May, 2011.
_____________________________
Bevelyn J. Bender, Town Clerk