HomeMy WebLinkAbout2002.0307.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR AND EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
March 7,2002
Mayor Morgan convened the regular session at 5:30 p.m.
AGENDA ITEM #1 - PURSUANT TO A.R.S. §38-431.03.A3. AND A.R.S. §38-431.03.A.4., VOTE TO GO INTO
EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE
ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY (SPECIFICALLY REGARDING THE FIRE
DISTRICT); AND FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC
BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE
PUBLIC BODY'S POSITION REGARDING CONTRACTS THAT ARE THE SUBJECT OF NEGOTIATIONS,
IN PENDING OR CONTEMPLATED LITIGATION, OR IN SETTLEMENT DISCUSSIONS CONDUCTED IN
ORDER TO AVOID OR RESOLVE LITIGATION (SPECIFICALLY REGARDING THE FIRE DISTRICT);
RESPECTIVELY.
Councilwoman Hutcheson MOVED that the Council convene the executive session and Councilwoman Ralphe
SECONDED the motion,which carried unanimously.
AGENDA ITEM#2-RETURN TO REGULAR SESSION
Mayor Morgan recessed the executive session at 6:15 p.m. and reconvened the regular session at 6:30 p.m. Following the
pledge to the flag and a moment of silence,roll call was taken.
ROLL CALL - Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon
Morgan, Vice Mayor John Kavanagh, and Councilmembers Rick Melendez, Sharon Hutcheson, Susan Ralphe, and Leesa
Fraverd. Also present were Town Attorney Bill Farrell, Acting Town Manager Roy Pederson, Director of
Administration/Town Clerk Cassie B.Hansen,and Interim Community Development Director Jesse Drake.
thilo The Mayor Morgan requested that Judge Stuart Shoob administer the oath of office to Rick Melendez.
Mayor Morgan read the consent agenda(items 1 -6):
AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF FEBRUARY 21,
2002.
AGENDA ITEM #2 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
PATTY LEVATO FOR DANIEL'S PLACE RISTORANTE FINE ITALIAN CUISINE LOCATED AT 16726 E.
EL PUEBLO. THE APPLICATION IS FOR A NEW SERIES#12 RESTAURANT LIQUOR LICENSE.
AGENDA ITEM #3 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
RUSSELL OWENS FOR PEI WEI ASIAN DINER TO BE LOCATED AT 14835 E.SHEA BOULEVARD,SUITE
100. THE APPLICATION IS FOR A NEW SERIES#12 RESTAURANT LIQUOR LICENSE.
AGENDA ITEM#4- CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT RED
MOUNTAIN VIEW CONDOMINIUMS, LOCATED AT 12207 N. DESERT SAGE DR., AKA PLAT 206,
BLOCK 7,LOT 20,CASE NUMBER S2002-01.
AGENDA ITEM #5 - CONSIDERATION OF THE PRELIMINARY AND FINAL PLAT FOR THE 2-UNIT
DESERT SAGE VISTA CONDOMINIUMS, LOCATED AT 12213 N. DESERT SAGE DR., AKA PLAT 206,
BLOCK 7,LOT 21,CASE NUMBER S2002-02.
AGENDA ITEM #6 - CONSIDERATION OF APPOINTING TWO CITIZENS TO THE BOARD OF
ADJUSTMENT TO FILL THE VACANCIES CAUSED BY EXPIRING TERMS.
Councilwoman Fraverd MOVED to approve the consent agenda as read and Councilman Melendez SECONDED the
„ motion.
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Page 1 of 5
A roll call vote was taken with the following results:
Councilman Melendez Aye
Councilwoman Hutcheson Aye
Councilwoman Fraverd Aye
Vice Mayor Kavanagh Aye
Councilwoman Ralphe Aye
Mayor Morgan Aye
The motion CARRIED unanimously
AGENDA ITEM#7 - UPDATE BY THE TOURISM/MARKETING COUNCIL ON THEIR ACTIVITIES AND
EFFORTS TO PROMOTE FOUNTAIN HILLS.
Chairperson Roxanne Boryczki gave an update on the activities and accomplishments of the Tourism Council. She
reviewed what had been included in the informational packets provided to the Council, which included collateral
materials, the press kit, and details of the marketing plan. She displayed on the visualizer some of the advertisements
placed in various publications as part of that marketing plan. Ms. Boryczki gave a brief statistics report. She noted that
the toll-free informational phone line had not been utilized very much. It was felt that was because the phone number
had not been publicized until January when the bulk of the brochures had been sent out. She pointed out that the public
relations campaign had been sent to over 56 members of the press, both locally and nationally and that was starting to
produce results in additional coverage of Fountain Hills. She covered that the Tourism Committee made a proposal to
the Fort McDowell Indian Community requesting additional funding from them for PR as they benefited from these
efforts. Ms. Boryczki confirmed that the Indian Community would be donating $5,000 to the Tourism Council. She
expressed that she had held several meetings with the Scottsdale CBB that had been very productive in trying to find
creative ways to promote Fountain Hills as an individual community and as an extension of Scottsdale. She displayed
samples of the advertisements in the various publications where the Scottsdale CBB had promoted Fountain Hills. Ms.
Boryczki commented that on their website there was a section for vacation specials. An announcement had been sent to
all businesses in Fountain Hills, who are members of the Scottsdale CBB, to take advantage of advertising special deals
and offers on that website. She explained they had started to plan their 2002-03 budget, attended the certification
program with the Office of Tourism in order to be eligible to apply for the maximum grant money available ($20,000),
would again participate in the easy advertising program, would apply for additional dollars for public relations and
materials,and were exploring the option of participating in travel trade shows. Ms. Boryczki thanked the Fountain Hills
Chamber of Commerce and Town staff for their support and enthusiasm. Mayor Morgan thanked the Tourism Council
for their work in getting Fountain Hills' name out to the public.
AGENDA ITEM #8 - PUBLIC HEARING ON ORDINANCE 02-02 AMENDING CHAPTER 6, SECTION
6.03.C.6, SECTION 6.07.C.4 AND 6.07.D.5 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN
HILLS TO ADD NEW LANGUAGE THAT WOULD MODIFY THE REQUIREMENTS FOR MENU BOARDS
FOR DRIVE-IN OR DRIVE-THROUGH RESTAURANTS TO ALLOW LARGER MENU BOARDS,AND TO
ALLOW THE USE OF LIQUID CRYSTAL DISPLAY (LCD) ORDER PLAY-BACK UNITS TO BE
INSTALLED AS A PART OF THE MENU BOARD,OR ADJACENT TO THE MENU BOARD.
Mayor Morgan recessed the regular session and opened the public hearing at 7:48 p.m.
Interim Community Development Director Jesse Drake reviewed that this item had come to the Council before and was
withdrawn due to an issue with notice. This ordinance was initiated January 17, 2002, in response to the franchise
requirements that vendors have to have larger menu boards. What the different businesses were doing was to add
graphics to the text on the existing boards. Therefore the boards were becoming larger. She stated that she had included
in the packet a review of the existing menu boards in town. All but one of the existing boards was oversized from what
was allowed in Town under the current ordinance. She covered that the existing ordinance allowed 20 sq. ft. for a menu
board. This ordinance would increase the size to 45 sq. ft. She summarized that the existing ordinance allowed only a 5
ft. height limit and this change would increase it to 7 ft. In addition, the existing vendors would use a speaker box.
Some of the modern equipment now used includes a LCD readout so that the purchaser can read the order and would
eliminate order errors. Included was a survey of what other communities were doing with their menu boards. This
ordinance was not substantially different from other communities. She had also included the language for the text that
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Page 2 of 5
would need changes. The Planning and Zoning Commission on February 28, 2002, recommended approval of this
ordinance with two changes: the maximum menu size was to be 30 sq. ft and limited to the height to 6 ft. The Planning
and Zoning Commission was opposed to legitimizing existing non-permitted uses after the fact. They were concerned
that the trend in the community was to ignore existing ordinances. These types of activities could make enforcement of
ilkiw the code more difficult for both the Planning Department and the Marshals Department. The Commission felt that the
very large increase in size was not warranted and that the proposed changes were in keeping with the community
character. However, staff realized that if the amendment's intent was to legitimize the existing menu boards that were
not in compliance, then the changes that the Planning and Zoning Commission recommended would not bring these
boards into compliance. Ms. Drake noted that the McDonald's board was not in compliance with the existing code but
had been permitted under the County regulations. It would not be affected by any changes in this text amendment.
Mayor Morgan stated that some of these menu boards had been there for years. She felt it was "shame on us" for not
catching it when the signs were installed. She did not see how the Council could now enforce this. She said she would
have to go against the Planning and Zoning Commission recommendation. Councilwoman Fraverd asked if the vendors
were aware that the Council was considering a change to this ordinance. Ms. Drake said she did not know. She pointed
out that it had been noticed and had been in the local newspaper. Councilwoman Fraverd asked if any of the vendors
had contacted staff. Ms. Drake responded they had not. Mayor Morgan asked if this issue came to staffs attention
because of Burger King trying to install their new menu sign. Ms. Drake replied yes. Mayor Morgan reviewed that the
reason that Burger King was putting in that size sign was that was the size that their corporate office had required. Ms.
Drake commented that she had not researched the other communities in relationship to just that one vendor.
Councilwoman Hutcheson surveyed the vendor list and noted that Taco Bell and Arby's had been in Town a long time.
She was surprised that staff was just noticing the menu board sizes. She asked why no one questioned the size at final
inspection. Ms. Drake responded that the original permitted signs had been in compliance. Subsequent to the
permission and the inspections, the vendors had added new graphics, which now made the signs noncompliant. She
pointed out that this was a matter of enforcement. Staff brought this issue to the Council many times before. She noted
that there were several sign ordinance issues around the community that were not in conformance.
Vice Mayor Kavanagh asked if any members of the public had complained about the size of these signs or did their slow
growth go unnoticed. Ms. Drake answered it was the other vendors who were complaining when one was allowed to
Niliw have a violation and another vendor wanted the same activity to happen. Vice Mayor Kavanagh asked if the increase in
the size of the signs had generated any citizens' complaints or if it went unnoticed. Ms. Drake replied the public had not
complained.
Councilman Melendez asked why four of the eight cities surveyed did not allow LCD readouts. Ms. Drake said that it
was a rather new technology and some of these cities had not had the opportunity to have it come into their
communities. Councilwoman Ralphe observed that Scottsdale and Tempe, which had relatively strict signage
regulations, certainly had many fast food restaurants. She assumed that both communities' vendors were in
conformance to their regulations. She stated it would be ideal to cooperate with these businesses but the first
cooperative opportunity came when the owners of the fast food restaurants made a determination with or without
knowledge of our zoning ordinances to put in the non-conforming signage. She said good corporate citizens should be
aware of what the law says and abide by it.
Councilwoman Fraverd asked if a permit was required to install a menu board sign. Ms. Drake responded yes.
Councilwoman Fraverd questioned if all the vendors had come to the Town to get a permit. Ms. Drake replied yes. She
further explained that the permit would not have been issued if the signage had been in violation. She noted that the
only vendor who had come in to ask for an oversized sign so far was Burger King, which had been denied. That was
why this request had come before the Council.
Mayor Morgan closed the public hearing the 7:58 p.m.
AGENDA ITEM #9 - CONSIDERATION OF ORDINANCE 02-02 AMENDING CHAPTER 6, SECTION
6.03.C.6, SECTION 6.07.C.4 AND 6.07.D.5 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN
HILLS TO ADD NEW LANGUAGE THAT WOULD MODIFY THE REQUIREMENTS FOR MENU tkii, FOR DRIVE-IN OR DRIVE-THROUGH RESTAURANTS TO ALLOW LARGER MENU BOARDS, AND TO
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Page 3 of 5
ALLOW THE USE OF LIQUID CRYSTAL DISPLAY (LCD) ORDER PLAY-BACK UNITS TO BE
INSTALLED AS A PART OF THE MENU BOARD,OR ADJACENT TO THE MENU BOARD.
Councilwoman Fraverd MOVED to approve Ordinance 02-02 with the Planning and Zoning Commission's
recommendation as presented and Councilwoman Ralphe SECONDED the motion.
Councilwoman Hutcheson asked if the ordinance was not approved would the Town have to tell the businesses to take
down their signs. Councilwoman Fraverd responded yes. Mayor Morgan asked what would happen if other businesses
came into Town who had corporate rules dictating the signage size. Would the Town just say we don't want your
business because the sign does not agree with the sign ordinance? Councilwoman Fraverd said that if the vendors
understood that all communities were concerned about overly large signs they might create the signs that wouldn't cause
problems and would meet the communities' requirements. She did not feel that Fountain Hills was out of line in
restricting the vendors to 30 sq. feet when Scottsdale and Tempe both restricted them to less signage square feet.
Vice Mayor Kavanagh moved to AMEND the motion to delete the suggested amendments by the Planning and Zoning
Commission's and Mayor Morgan SECONDED the motion.
Vice Mayor Kavanagh said that no one liked the idea that people were modifying signs in violation of the Town's
ordinances. It was not right that the vendors violated the law but he was willing to give them the benefit of the doubt
that they had not purposely violated the law. He did not like the idea of larger signs but there were five reasons why in
this instance the Council should allow the signs to be made larger and in conformance with what had become an
industry standard:
• By allowing LCD readouts there would be less noise
• The signs would not be visible from the street
• The signs would allow the businesses to be competitive and no one noticed the signs
• LCD readouts would help avoid errors in orders
A roll call vote was taken on the amendment with the following results:
Councilwoman Hutcheson Aye
Councilwoman Fraverd Nay
Vice Mayor Kavanagh Aye
Mayor Morgan Aye
Councilman Melendez Nay
Councilwoman Ralphe Nay
The amendment FAILED.
A roll call vote was taken on the original motion with the following results:
Councilwoman Hutcheson Nay
Mayor Morgan Nay
Vice Mayor Kavanagh Nay
Councilwoman Ralphe Aye
Councilman Melendez Aye
Councilwoman Fraverd Aye
The motion FAILED.
AGENDA ITEM#10- CALL TO THE PUBLIC AND ADJOURNMENT.
No one from the public came forward. Councilwoman Fraverd MOVED to adjourn and Councilwoman Ralphe
SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 7:05 p.m.
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Town Council Meeting Minutes of March 7,2002
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TOWN OF FOUNTAIN HILLS
aron Morgan,Ma or
A FI'bST: L4 4L4.Q5
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Cassie B. Hansen,
Director of Administration/Town Clerk
PREPARED BY: A_.t'J' , L-1: ,c
Bev Bender,Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular and Executive
Meeting held by the Town Council of Fountain Hills on the 7th day of March, 2002. I further certify that the meeting
was duly called and that a quorum was present.
DATED this 20 day of March 2002.
Ct. -1.\\ ht..-vi
Cassie B. Hansen,Director of Administration/Town Clerk
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Town Council Meeting Minutes of March 7,2002
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