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HomeMy WebLinkAbout2012.0911.TCWSM.Minutesz:\council packets\2012\r10-4-12\120911wsm.docx Page 1 of 18 TOWN OF FOUNTAIN HILLS MINUTES OF THE WORK STUDY SESSION OF THEFOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 11, 2012 * CALL TO ORDER AND ROLL CALL Mayor Kavanagh called the meeting to order at 5:30 p.m. in the Town Hall Council Chambers. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Kavanagh, Councilmember Yates, Vice Mayor Leger, Councilmember Brown, Councilmember Hansen and Councilmember Elkie. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bev Bender were also present. Mayor Kavanagh wished Councilmember Elkie a happy birthday. Councilmember Dickey joined the meeting at 5:32 p.m. AGENDA ITEM #1 - DISCUSSION OF AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENTS PROJECT. Development Services Director Paul Mood addressed the Council relative to this agenda item and outlined the contents of a Staff Report that was submitted to the Council (a copy of which is available on line and in the office of the Town Clerk). He advised that a Work Study Session was held one year ago regarding this issue and said that staff had brought back a contract with J2 Engineering and Environmental Design in March of 2012 (he noted that representatives of that company are present in the audience). He stated that at that time the Council elected not to go forward with the full design but authorized approximately $20,000 to conduct a site analysis and asked that J2 come up with two concepts for the Avenue. He informed the Council that the site analysis was completed in June of 2012 and added that a questionnaire was developed and sent out to the public, the project was announced in the newspaper, various social media methods were utilized and great effort was expended to get the word out and solicit input relative to the project. He reported that they had received 367 responses to the questionnaire that the top ranking items from the questionnaire were maintaining the Holiday lighting, replacement of irrigation systems, reusing existing art pieces, repair/replacement of the fountains, ADA improvements, tree health/removal and the use of low-water plants. He further stated that J2, in their site analysis, had looked at the hardscape along the Avenue and had an arborist come out and look at the health of the trees (some were recommended for removal {16} due to their age and condition -- and the likelihood that they would not survive construction). He added that J2 also looked at the fountains and did some analysis and explained that one fountain is on the automatic float refill and the others have to be refilled manually so those were turned off for a week, they did some calculations and of the five fountains the total water loss was calculated to be about a quarter million gallons per year (a lot of the leaks are due to the piping underneath, which is not an easy fix). He noted that they also looked at the existing irrigation and electrical systems and all of that information is included in the report. Mr. Mood further stated that J2 then took the information from the analysis and the public input received as a result of the questionnaire and came back with two concepts: The first concept was just to fix basically what is out there today and most of the work would be underground so when completed they would not notice a lot of difference and the second was a revitalization concept. He advised that staff met with representatives and invited all of the business owners along the Avenue to attend the meeting. They also met with the Chamber of Commerce, which has a vested interest because of the Art Fairs and met with the Public Art Committee, the members of the Greening of Downtown Committee, the Theatre group and representatives from the Farmer's Market. Mr. Mood said that based on the input received from the various interested parties, J2 went back and refined their concepts and they also tried to follow what is contained in the Downtown Vision Plan. He stated that this evening all three concepts are being presented and said that they were also presented at a public Open House last week. He referred to a PowerPoint presentation (on file in the office of the Town Clerk and on-line) that highlighted Concept A, Concept B and Concept C and provided additional details relative to all three proposals. He advised that the cost estimates are conceptual and there are no hard engineering design or construction documents ($1.2 million for Concept A, which z:\council packets\2012\r10-4-12\120911wsm.docx Page 2 of 18 would be mostly underground improvements; $1.8 million for Concept B {$1.9 to $1.95 million for electrical and irrigation repair and would include future shade canopies} and $2.4 to $2.5 million for Concept C). He said that Concept C included future projects in the Capital Improvement Plan (i.e. bump outs, trees, on-street parking with second shade canopy). Mr. Mood informed the Council that all of the groups liked Concept B but wanted a focal point in the downtown area and that is what Option C provides -- it can be set up so that all of the work does not have to be done now, it can be set up for the future. He said that a lot of positive comments were received at the public Open House. He further stated that different projects have been proposed for the Avenue (the median) dating back quite a long time and it seems to reinvent itself every three to four years. He noted that staff has been maintaining it and there are some issues. He stated that they spend approximately $25,000 to $30,000 a year maintaining the median and added that electrical problems can be expensive. He advised that staff can definitely continue to maintain if that is the desire of the Council. He said that if Council does want to move forward with one of the options they would want to be under construction after the Art Fair in February (so sometime in March) and he believes that construction would last approximately four months and plants and grass should go in around July. He stated that the landscape architects have recommended that for the first year no over-seeding of the median take place. He added that design will also take three to four months so in order to meet the schedule and get everything done next summer they will need to get some direction from the Council -- do they want to move forward with the project and, if so, which is the preferred concept (Concept A, Concept B or Concept C)? Mr. Mood reported that right now the budget is $1.8 million, with $1 million from the Downtown Development Fund and $800,000 from the Capital Projects Fund. He reiterated that at this point they are all just concepts and once Council provides direction to move forward they can pin down the numbers better. He said that the Greening Committee has indicated its willingness to participate in the greening of the median. He indicated his willingness to respond to questions from the Council. In response to a question from Mayor Kavanagh, Mr. Mood advised that the cost of the design would be approximately 10% of the construction costs. Councilmember Yates referred to the $25,000 to $30,000 that is being spent right now on maintenance and asked how much of that is due to condition versus cutting the lawn and Mr. Mood estimated approximately $5,000 a year. He said as far as the water loss, that cost is typically $1.00 to $2.00 per thousand gallons. Councilmember Brown commented that he has studied the estimates closely and said that they all look a little high to him but he understands that they are estimates and it is better to estimate high rather than low. He recommended that they look into using pavers instead of concrete walks. He advised that he prefers Concept B and doing the undergrounding for future expansions for lights. He stated that he does not believe they should do the shade structures at this time. Councilmember Elkie stated that in looking at both Concept B and C he thinks it is important if they are going to create a wonderful feature downtown that people have easy access to it so he really likes the ideas in Concept C to allow for parking immediately next to the median and asked what that cost would be. Mr. Mood reported that staff is estimating $75,000 to add the concrete and the trees for the bump outs. Councilmember Elkie stressed the importance of having the ability of building onto whatever they decide to do. He pointed out that they have talked about having a lighting feature in that area and said it is also important to have something that will draw people -- another reason for people to come into the downtown area. Discussion ensued relative to the lighting options that are available; Aaron Allan commented relative to the fact that there are lighting systems out there that can synchronize with water features and Mr. Allan comment that as far as Option B, accent lighting for the trees and similar lighting for public art, etc. could be accommodated but the more elaborate systems, such as the synchronized lighting and those with jets, are usually more of a package system and it would be very difficult to do that after the fact; Mayor Kavanagh's comment about the costs associated with this project and the fact that there are a lot of residents who are very concerned that money will be spent on this and the Town will z:\council packets\2012\r10-4-12\120911wsm.docx Page 3 of 18 not have money to spend on the roads; the Mayor's statement that she has explained to a lot of people what the Downtown Fund is and many of them do not seem to have a problem with the Downtown Fund being used but when they start to talk about the Capital Improvement monies, that raises concerns; the Mayor's question as to whether any thought was given to a design that stayed within the Downtown Fund and would not require dipping into the Capital Improvement Fund and Mr. Mood's response that just the Downtown Fund would be very close to covering the costs for Concept A, which is the bare bones of what needs to be done (without any enhancements); and Mr. Mo od's statement that they could probably do one half of the Avenue with the Downtown Fund but staff looked at doing the entire median. Mayor Kavanagh noted that the plan calls for deep watering and asked how that will work with the planting of native trees. Mr. Allan advised that low water or desert trees would be provided low water. He clarified what the report is actually referring to. Councilmember Hansen thanked Mr. Mood and staff for all their work and said she believes that what is being proposed would accomplish all that the Council asked staff to look at. She added that when she looks at this it is like looking at a park because of the park-like setting and one of the things that she has a problem with is that at the Retreat the Council's number one priority was streets. She added that this is a wonderful amenity that would be really nice to have but she ha s discomfort with spending this money on an amenity at this time when they still have the big, glaring street priorit ies to take care of. She noted that there are going to be other major projects coming up, roofs, etc. and so she is trying to put all of that into perspective as well. Vice Mayor Leger stated that he is very sensitive to what the Mayor and Councilmember Ha nsen have said as far as funding the project and added that it is true that at the Retreat they talked about priorities and pavement management was the number one priority. He said that in order to accomplish that goal they are probably going to have to l ook into doing a bond proposal at some point in time. He noted that the second priority was economic development and commented that this project would help stimulate activity in the Downtown area and add value to the whole notion of economic development. He agreed with the Mayor's statement relative to spending $1 million in Downtown Funds and $900,000 in capital funds for this project and said that when they proposed this they said $1 million from the Downtown Fund and $900,000 from capital but the landscape has changed a lot since then. The Vice Mayor advised that he had spoken with someone in Finance and asked what the current balance in the Downtown Fund is. He reported that it is currently $2,063,000 and when he looked at the Capital Plan for the ne xt five years there has been another million dollars on the sideline that they have used for streetscape improvements on the north side of the Avenue -- he said they all know where that is going and it is probably going nowhere -- so that money is available as well. He stated that with a balance of over $2 million in the Downtown Fund he would recommend that they rethink how they are financing this, pull the $900,000 out for capital and rather than using that on capital, use it to reduce the cost of doing Saguaro and that to him is how they leverage this discussion. Vice Mayor Leger further noted that they have $183,000 of the Downtown Development monies budgeted for the Economic Development Department. He said he doubts very much that they will be spending that money by the end of this year and if they do spend any, it will probably be half of that amount. He noted that things are looking a little better. He advised that he certainly is in favor of Option B and he has a really hard time justifying to the citizenry spending $1 million and having nothing to show for it because the work would be primarily underground (Option A). He discussed the construction schedule and starting the work around February and noted that it is possible that it could span into a new fiscal year. He advised that his thought process is to use Downtown funding for the $1.8 million and stretch that across two fiscal years. He expressed the opinion that this is doable and they would not have to utilize capital money. Mr. Mood referenced Vice Mayor Leger's points and said that there would have to be a conversation with the Town Manager and the Finance Director because the full use of the Downtown Development Fund is not currently in the budget. He added that he knows they talked about crossing two fiscal years and if they got construction going after the first Art Fair he can't tell the contractor to start, spend this much money and then stop until the next fiscal year when he can start again. He said that they are going to be spending their money as fast as they can build the project so there are some concerns there as well. z:\council packets\2012\r10-4-12\120911wsm.docx Page 4 of 18 Councilmember Dickey pointed out that they do fund transfers and said if they didn't do it in two fiscal years she would like to know if they start the project in February whether the project would be done by July 1st. Mr. Mood responded that they would have to start after the first Art Fair (the end of February) so in a best case scenario, if J2 could get everything in place for whichever concept the Council decides to move forward with, then construction could begin in early March and he would anticipate that the work would go at least a couple months into the next fiscal year (they might get a majority of the work completed this fiscal year but there may be things that still need to be wrapped up and that could go into the next fiscal year). In response to a request for clarification from Councilmember Dickey relative to problems associated with spanning two fiscal years, Mr. Mood stated that it is his understanding that Vice Mayor Leger is recommending changing the funding for the project (all of it would come out of the Downtown Development Fund). He explained that it has not been budgeted that way in the Capital Plan so there would be some legal finance issues. Councilmember Dickey spoke in support of Option B with the idea of being able to have some of Option C in the future. She agreed with Vice Mayor Leger's comment relative to economic development, which was also a priority identified at the Retreat as was the park, so she believes they are very much attached to each other. She said they obviously have to fix the roads but if they take economic development, Fountain Park and the water those are all one big unit. She added that as far as the bump outs, even if they don't physically do those the idea of having the median wider gives them some options for some other things that could be done on the medians -- traveling exhibits and things like that. She stated that the median could become an area unto itself where other things could take place. She added that she is in favor of that and if the support isn't there to use the capital improvement funds then she would like to look at using the Downtown Development funds and seeing how they could make that work. Town Manager Ken Buchanan said that he believes that the Council is aware of the fact that from time to time he has expressed concerns about how they need to continue with their restoration programs. He noted that they have had cutbacks over the last four budgets and they need to consider the priorities and what they need to be looking at in the future -- namely, the Pavement Management Program. He added that they also need to keep their eye on the prize and as far as economic development they need to look at the roads, Saguaro and some of the other ones. He stated that they are going to be asking the citizens, if the Council goes along with staff's recommendation, to proceed with another bond. He noted that he is concerned about doing this project at this time. He advised that he is for the project and thinks they need to do a project for the medians but not at this time. He reiterated that he believes they need to start addressing the Pavement Management Program and should also look at the bond program to get Saguaro done first and then come back and do this. He added that a portion of the money could be used to maintain some of the streets they have in the Downtown area because they don't have enough funding to even do that. Councilmember Hansen again referred to the Downtown Fund and asked when the Council approved taking a portion of the sales tax and dedicating it to the Downtown Fund whether that was done on a simple motion. Town Attorney Andrew McGuire replied that he doesn't remember if it was by a motion or a resolution but in any event it was by Council discretion and not part of any initiative or anything else. He confirmed that the Council does have the ability to change that. Councilmember Elkie asked Mr. McGuire what the Downtown Development Fund was set up for (what was it specifically designated for) and Mr. McGuire said that he could try and pull up the answer to that question during the meeting if the Town Clerk can give him an idea of when that happened. Councilmember Elkie advised that he too supports Option B and stated that he is mindful of the priorities they set at the last Retreat (roads being priority number one). He added that he doesn't think that they have to be single minded in their approach as far as everything that they are doing. He said that in speaking with many of the business owners relative to developing Downtown he heard a lot of people say "I will believe it when I see it" and this is something that has been discussed by past Councils for years and years. He stated that he thinks it is time for them to do something Downtown and make it inviting for a business to invest in and more interesting/attractive so that more people will come into the Town and spend time in the Downtown area. He added that they should decide if they are looking at doing anything and z:\council packets\2012\r10-4-12\120911wsm.docx Page 5 of 18 if the answer to that is no, then everything else is moot. He said if the answer is yes, then the next question is how do they pay for it and what are they willing to do. Mayor Kavanagh stated that she would like to speak to the Downtown funding and using it for something else. She said that this, like the Mountain Dedication Fund, was passed with sort of a promise that this is what the money would be used for and the sales tax money has been going into this fund. She added that she knows that this Council could probably change it and use the money for something else if they wanted to but she is a little hesitant to break this sort of honor what was established. She stated that she certainly wouldn't want to say "Well, we need the money for something else so we are not going to use it on the mountains anymore" because she thinks it was sort of a promise and people put their money into this fund for the purpose of the Downtown so even if they can she would rather not change that funding and instead save it for Downtown for lots of reasons she had heard this evening -- economic development, tourism, etc. She added that she would like to honor what a past Council promised the people they would do. Vice Mayor Leger commented that although they could in the future change how this tenth of a percent is utilized, and that may be something they need to consider, they have made a commitment and he thinks it is important to honor their commitments. In this case, the commitment was that the money was for the Downtown Fund and he had people as early as last week looking at this presentation and they came up to him and say, "There was a commitment there and there is an expectation that if the dollars are there then they should be spent on this particular project." He added that given the Downtown Development balance, the dollars are there and he thought it created a relief to move it across two fiscal years and they do that with a number of construction projects. He stressed the importance of telegraphing a message, and he is respectful of the Pavement Management concerns, that this is money from the Downtown Fund that is committed to that fund and those are the dollars that are being utilized for this project and freeing up close to $1 million in capital that can be moved over to either reducing the cost of the bond, which gets them to the same place, or having that money for Pavement Management. Vice Mayor Leger further stated that they have $250,000 in their five-year plan for Downtown enhancements (streetscape) and that money has been put on the sideline for the infamous projects that are going to occur someday, somehow, on the south side of the Avenue. He added that knowing what they do about the current project and what they know about future projects it is going to take a while to get there and they are getting close to $200,000 to $250,000 in the Downtown Fund annually. He stated the opinion that there has to be a leap of faith at some poi nt in time and he thinks they need to take a risk. He reiterated that he thinks this can be covered by the Downtown Development Fund and they have made that commitment. He agreed that they should not change where that money goes at least not this fiscal year. Councilmember Hansen said that when they talked about the streets and how important they are they referred to that as economic development as well so even if they are saying they are going to leave the fund the same way, using that money on the streets on Saguaro between Palisades and El Lago and Palisades between Saguaro and Fountain Hills Boulevard would be an allowable use of Downtown Funds (on Downtown enhancements). She said they also talked about going back to the voters for the bond and if they exhibit that they are trying to come up with part of the financing for the road repair (from the Town), she believes the voters would be more likely to support a bond issue. She added that if they were willing to commit the Downtown funding money toward s the Downtown streets, she believes it would be helpful in getting the voters to approve a bond issue. She stated that this is a great plan and it is certainly something that they would like to see going forward but to her it is going back to the priorit ies and she is afraid it might put a damper on approving a bond issue among some of the voters. Councilmember Dickey agreed with not using the monies for another purpose and said that it is a pact in a way. She added that since the full amount is already budgeted they could do a budget transfer if there are concerns about going over into another fiscal year. She further stated that if they put $800,000 or $900,000 from Capital Improvement into reducing the amount of the bond that is still putting "skin in the game." She stressed the importance of having enough faith in the community to know that the bonding is for the roads and this is a separate fund. She noted that when they did the survey 367 responses came back and not everybody commented but of those comments, the ones who just said "Don't do anything," represented a minority, 10% or so. She said she hopes they can try and move forward. z:\council packets\2012\r10-4-12\120911wsm.docx Page 6 of 18 Mayor Kavanagh commented that she would like to know how the results would have come out if it had said only Downtown funds would be used and did not mention capital improvement funds because that seemed to upset a lot of people. Mr. Mood advised that the preface of the questionnaire did say that the funding was $1 million from the Downtown Fund and $800,000 from the Capital Projects Fund. He reported that there were 185 written responses and 35 of those talked about using some of the funding for roads (18.5%). Councilmember Dickey noted that everyone had an opportunity to comment so it is more like 11%. Mayor Kavanagh stated that she would be in favor of looking at a way that they could do this without touching the Capital Projects funds and without making any changes to the Downtown Development Fund. Councilmember Elkie said that it sounds as though Option B or some variation of that option is what they are talking about here. He added that if it becomes a situation from a legal standpoint where they could only use $1.7 million from the Downtown Development Fund and they have to do $200,000 from capital or something like that, he hopes that that would not defeat the whole idea (because they have to dip into capital a little bit). Councilmember Hansen asked if street improvements would be an allowable use for Downtown funds. Mr. McGuire noted that Councilmember Elkie has raised the same question (what were the general uses) and staff will provide an answer to that question as soon as they can. He added that the information is not available at this time so some research will have to be conducted. The Mayor commented that they might find that they talked about it more as a concept rather than a specific dedication issue. Councilmember Elkie asked if a staff member could possibly locate the information and bring it back before the Council in the meeting. Mr. Buchanan advised that he thinks he has those minutes but he would have to go back up to the office and retrieve them and he would be happy to do that. (Note: At the end of the meeting Mr. McGuire provided whatever information was found on this issue.) Councilmember Yates commented that a healthy economy is more like a pie -- it is a lot of pieces -- so to pick out any of these projects and say, "Well, that probably isn't all that important" is not the way to go. He said that they have to look at this holistically and everyone will probably support some variation of this and he encourages that. He added that he also knows that there is probably some value engineering that can be done here and depending on how conservative they are in the bid (he is assuming 10% to 20%) he thinks that there are some definite savings that they can go though to make these numbers work. He stated that this is part of economic development, just like roads and streets and any one project should not be weighed against something else -- they need to look at it holistically. AGENDA ITEM #2 - DISCUSSION OF PROPOSED TOWN ZONING ORDINANCE AMENDMENTS REGARDING: (i) CHAPTER 1, DEFINITIONS; ii) CHAPTER 6, SIGNS; (iii) SECTION 19.05, PUBLIC ART REQUIREMENTS, REVISING OPTIONS FOR DEVELOPER DONATIONS TO THE PUBLIC ART FUND; (iv) CHAPTERS: 12, 16 AND 18, REVISING THE PERMITTED USE SECTIONS TO ALLOW RESTAURANTS TO HAVE OUTDOOR SEATING AREAS IN COMMERCIAL OR LODGING ZONING DISTRICTS AND ELIMINATING THE REQUIREMENT THAT OUTDOOR SEATING AREAS BE FENCED IF NO ALCOHOL IS SERVED OR SAFETY ISSUES EXIST; AND (v) CHAPTERS: 2, 5, 9, 10, 11, 15 AND 18, REVISING REGULATIONS TO STREAMLINE THE TEMPORARY USE PERMIT AND ELIMINATE UNNECESSARY OR DUPLICATIVE PERMITS. z:\council packets\2012\r10-4-12\120911wsm.docx Page 7 of 18 Senior Planner Bob Rodgers addressed the Council relative to this agenda item and noted that four actual ordinances are going to be coming up so he was hoping to go through each one in numerical order, do some questions/answers, and then go on to the next one rather than wait until the end to do the questions/answers on all of them. Mr. Rodgers highlighted a PowerPoint presentation relative to this item and discussed the Sign Ordinance, which he said is probably the one most people are interested in (a complete copy of the entire presentation is available on line and in the office of the Town Clerk). He explained that this is Chapter 6 of the Zoning Ordinance and said that the Council was becoming frustrated with the general compliance issue in a few areas of the Sign Code and directe d staff to form a Committee, review and study all the issues, and then come back and present some recommendations. He advised that the Sign Ordinance Review Committee met weekly, reviewed the entire Sign Ordinance for over a year and provided a variety of recommendations. He reported that a majority of the changes are primarily typo fixes (department names, consistency changes, etc.) and the main changes include the fact that all of the definitions have been pulled out of the Chapter and moved to Chapter 1 of the Zoning Ordinance in an effort to make the Ordinance easier to use by businesses and the general public. He added that the other section that contains most of the changes is Section 6.08, where all of the regulations for the various types of signs are located (they renumbered the index table at the beginning to reorganize it, a few missing sections were added to make it more user friendly, A-frame signs and the fact that this will allow businesses that front on more than one street to have more than one A-frame sign -- one per street frontage and would allow them to be placed within the public right-of-way). He said that any liability issues should be discussed this evening. He noted that the A-frame signs would be allowed to be placed within one foot of the curb or if they had some balloons or some similar attachment they would have to be pushed back to at least three feet back from the curb. He added that they would delete the Section that says, "A -frame signs cannot be used for directional purposes." Another main issue that is going to be addressed is banners and they would allow grand opening banners to be up for 30 days rather than the current 14 day limit and they would delete the requirement that event displays be brought in each night and put up again in the morning. Mr. Rodgers further stated that they are going to talk about some contractors’ signs and said that they are currently not allowed to have banners on their fences when they are working and the Committee recommended and Planning & Zoning (P&Z) also agreed that banners for contractors could be up when they are on-site doing a job. He added that garage sale signs have been addressed and they will be consistent with the A-frame regulations being proposed. A few different materials have been added such as corrugated plastic and they have added a few notes to try and keep the general clutter of A-frame signs down on the weekends when they are out. He reported that they have removed the restriction that neon signs be used only for "Open" or "Logos" and explained that that was deemed to be a content issue, which may or may not be legal so they can be used for any type of business signage. Real Estate signs are going to be addressed and will be consistent with the standard Real Estate Sign Section and the Open House Section and will also be consistent with A-frame and garage sale Sections. If the signs do not present a safety hazard, the intention is not to regulate their spacing from street corners (currently they are required to be at least 150 feet back from a street corner). Open House signs cannot be clumped all together in one bunch. Mr. Rodgers advised that there are going to be some major changes in the Political Signs Section in order to comply with new State Statutes (they are going to be bigger and they are allowed within the road right -of-ways). Projecting signs, the ones that stick out perpendicular to the wall, will be allowed to be used more often when appropriate. They are going to classify the Open House Signs as portable. The goal was to make all the small portable signs consistent with each for ease of use by the public and general business community. Staff made recommendations relative to the Lodging District Signs and they would now allow those developments to go under the normal Sign Regulations. Sign Walkers have recently become a bit of a problem but the discussions dealt with when appropriate, allowing them all weekend long, Friday, Saturday and Sunday and to remove the time limits. Mr. Rodgers stated that upon completion of the review, the Sign Committee held three Open Houses where the recommendations were presented to the public. Staff and the International Sign Association also provided some recommendations and P&Z held a public hearing. In addition, the Town Attorney has provided a number of amendments to clean things up and what was presented tonight was a brief compilation of the proposed changes. P&Z will hold a second public hearing and their final recommendations will be forwarded to the Council for their public hearing in November. He indicated his willingness to respond to questions relative to this item. z:\council packets\2012\r10-4-12\120911wsm.docx Page 8 of 18 Mayor Kavanagh thanked Mr. Rodgers for his input. Councilmember Dickey asked whether "events" are defined anywhere and Mr. McGuire stated that there is no definition in the general definitions of Section 1 or in the Sign Ordinance that has now b een merged with 1. He said he was not sure whether Section 2 has one but he would check on it. Councilmember Dickey commented that so much of what happens with the temporary signs and the banners has to do with events and now that they are changing it to be from the beginning of the event to the end of the event she was wondering if there were any limitations (what would define an event?). She noted that they could occur every day. Mr. Rodgers said that there is a section in the Sign Ordinance that talks about allowing them for 60 consecutive hours per month or once every 30 days (it is not in the definitions but it is in one of the regulations). He said that section was not specific to banners; it was for every type of event that a business wanted to hold. Vice Mayor Leger noted that Mr. Rodgers had used a matrix that indicated what the current ordinance looks like and what changes were proposed and asked if that was available for viewing this evening. Mr. Rodgers stated that he did not have that information with him this evening and it was used as part of the public hearing process. The Vice Mayor commented that the matrix made it very simple to view the proposed changes at a glance. He asked what the rationale was for allowing sign walkers to walk with their signs on Sunday when 50% or more of the businesses are closed on that day. Mr. Rodgers advised that a lot of the sign walkers are out on the weekends and doing auctions for the houses, etc. He noted that Code Enforcement is not out on Sundays and since the sign walkers were out there on the weekend, the discussion centered around allowing them to be out there all the time. He said that staff pushed back on that and said perhaps that was a little too much for this first go around and the propo sal represents a compromise. He added that if it was cost effective for the businesses to have the sign walkers out on Sunday they would allow them to do so. He said that staff would monitor this and see how it works out. Vice Mayor Leger commented that Sunday is the one day of the week that he would prefer not to see sign walkers on the streets. He stated that his rationale is that the majority of businesses are closed. He said he believes, in reading the statutes, that the primary work of sign walkers is to be walking versus sitting and asked if that was correct. Mr. Rodgers noted that they are allowed to spin signs and the Vice Mayor pointed out that they have one "sign walker" who is a "sign sitter" and when he is not sitting no one is babysitting the chair, which is quite unsightly. He stated that if they are not allowed to sit then this chair needs to go. Mr. Rodgers informed the Council that he does not believe the statute states that the person has to specifically walk although they should be bringing their chairs in with them when they are not using it (instead of leaving their chairs and signs out there). Mr. McGuire advised that he will try and look up the statute to see what it specifically states. Mayor Kavanagh said that she too questioned the use of sign walkers on Sundays and added that she thought this was geared more towards the business community. She stated that it does state "reasonable" in the court case that came out of that so in light of the business community she was just wondering if there was a real benefit for businesses to have sign walkers on Sundays. She advised that she didn't think it mattered that Code Enforcement does not operate on Sundays and they should just allow it to occur on the days they really want and need it. She added that maybe they could get someone to go out there on Sundays if they had to. She questioned whether for the businesses it would be considered "reasonable" to have the sign walkers out on just Fridays and Saturdays. Mr. McGuire noted that "reasonable" is what this legislative body decides and with respect to Town local ordinances or codes, the seven members of the Council decide what is reasonable and what is not. He pointed out that when it was z:\council packets\2012\r10-4-12\120911wsm.docx Page 9 of 18 approved, the sign walkers' provisions were considered to be a reasonable. He further stated that for the purpose of this statute the definition of sign walkers simply says, "A person who wears, holds or bounces a sign." The Mayor asked if staff had discussed the possibility of allowing businesses to have sign walkers on a different day other than Sunday when they might want to have a special sale. Mr. Rodgers responded that they did have discussion on that and the Committee went back and forth on this issue. He noted that if someone wanted to have a special event or a sale then they could do the 60 consecutive hour long weekend type of event. Councilmember Yates commented that the rationale behind this was "let the market prevail" and said that no one is going to pay sign walkers $8.00 to $10.00 an hour on an early Monday morning unless there is a need or a demand. He stated that the market will somewhat tell them when the need exists. He pointed out that for restaurants/bars, sports events are a big deal on Sundays. Councilmember Hansen agreed that different businesses are open at different times and said she thinks that including Sundays was part of the compromise (giving an additional day even though it wasn't what a lot of the businesses were wanting). She stated that the businesses wanted the flexibility to use sign walkers if they had something special planned for a Tuesday for example. Mr. Rodgers informed the Council that he has not had anyone come in or call and ask about the sign walker regulations. Councilmember Elkie noted that the proposal is to allow sign walkers on Fridays, Saturdays and Sundays without limitation as far as the hours (assuming they will be going in when it gets dark) and asked if they can do it for other special events. Mr. Rodgers replied that as a general rule those are the three days for sign walkers but if businesses want to hold a special event on another day of the week then they can obtain the over-the-counter permit that is issued for 60 consecutive hours. Councilmember Hansen suggested that an option may be, if they are talking about three days, to allow them to select which three days. Mr. Rodger confirmed that anyone who wants to hold a special event can pick the consecutive days. Councilmember Hansen clarified that she is saying instead of tying it to Fridays, Saturdays and Sundays, allow sign walkers not more than three days a week and it would be up to the businesses to determine which days they are utilized. Mayor Kavanagh asked if permission has to be granted in advance and Mr. Rodgers responded that right now no. Mr. Rodgers advised that if they went to a program like that then they would have to put some type of process into place. Councilmember Elkie stated that he would support something that made staff's job easy -- easy to interpret and easy to apply. He also agreed with Councilmember Yates' comment about allowing the market to dictate their use. He added that if there is abuse in the future and there are sign walkers all over the place then they could readdress that (he would rather not use Town resources to chase and track people). He also agreed that every day of the week should be open without restriction and he doesn't think they are going t o see a big glut of sign walkers all of a sudden (they would have seen that already). Councilmember Dickey advised that she agrees that it should be allowed to occur on any day and she is more concerned about the hours. Mr. Rodgers said that a compromise was reached because the goal was to limit the overall sign clutter. z:\council packets\2012\r10-4-12\120911wsm.docx Page 10 of 18 Councilmember Dickey stated that she understands that and hopefully they are addressing that with some of the other limitations. She said it is okay with her to have it on any days of the week. Vice Mayor Leger commented that he would be most comfortable allowing the sign walkers on Mondays through Saturdays and reiterated that not many businesses are open on Sundays. He further stated that he believes it is reasonable to require a sign walker to walk rather than sit and if they are the legislative body that makes that decision, he would like to make it clear that they walk. He added that the chair is rather unsightly and it is one of the first things people see when they come into Town. He pointed out that he has seen them erect tents and signs in other communities and he would not like to see this get out of hand. Councilmember Brown advised that the business referred to by the Vice Mayor has been sold and they haven't seen anyone sitting out in the middle of the median (they are on Saguaro now). He noted that when they first wrote the sign walker provision into the ordinance eight years ago, everyone was scared to death that what Vice Mayor Leger talked about would happen. He said that so far, except for the "sitter," the sign walkers have not offended him at all but he too would rather not have them out on Sundays. Mayor Kavanagh stated that she doesn't have a problem with having them every day and referred to Councilmember Yates' comment about the bars and restaurants being open on that day during football season. She added that perhaps they could add some sort of restriction that people can stand with a sign and that's it -- no tents or anything else. She pointed out that the person who was sitting did block vision. She said that she doesn't think that people will do this a lot. Councilmember Elkie agreed with the Mayor and stated that then they are creating two different sets of rules -- one for businesses that operate Mondays through Saturdays or Mondays through Fridays and then one for the businesses that conduct most of their business on the weekends. He agreed that during football season some of the bars and restaurants probably do a lot of their business on Sundays and week days are less important to them. He further stated that the high schools routinely hold car washes and fundraisers like that with members of the football team standing out on the corners holding up a sign saying "car wash - donations" and asked if that would constitute a sign walker. He questioned whether they would be prohibited from doing car washes on Sundays and stressed the importance of thinking about unintended consequences. He added that if they see that the rules are being abused they can address that. He further stated that he thinks it would be good if they could write something into the regulations about the sign walkers' appearance (clothing, dress, etc.). Councilmember Yates said they have to take into consideration enforceability. In response to a question from Councilmember Dickey, Mr. Rodgers replied that the annual deadline applies only to banners and A-frames. He explained that if this did get out of hand they would have to do a zoning amendment. Councilmember Dickey agreed that to date that have not really experienced any major problems but if there is a way to put some type of restriction in there, as suggested by the Mayor, she would support doing so. Mayor Kavanagh advised that they would move along and discuss the fees at this point. She said that she is aware of the fact that the fines have changed and she is a little bit concerned about that. She stated that she understands why they were raised (non-compliance) but pointed out that the Town really has not been doing any sort of enforcement and the whole idea is to get a good, workable document that the business people can live with and then go from there and see how the compliance goes. She expressed concerns about the amount of the fines and impacts on small busine sses that are just hanging in there especially during the slow summer months. She stated the opinion that this may now be too restrictive and she wishes they could go back to the original fines and then with the new ordinance in place along with the new compliance/enforcement regulations, they could see if it works rather than "going right away with the stick rather than the carrot." She added that she knows they talked about an extensive education program for the business community -- the Chamber and the Business Alliance both volunteered to help with that. She said she is just wondering if they could just stick with what they had before and see how that works with the business community. She pointed out that for a first offense, to have a sign that maybe cost a few hundred dollars like some of the A-frames be confiscated and on top of that have a $100 fine assessed against the business seems a little outrageous (they could forget to bring it in one night). z:\council packets\2012\r10-4-12\120911wsm.docx Page 11 of 18 Mr. Rodgers commented that the process does not call for assessing a fine the first time -- typically the Code Officer is going to go talk to the business owner first, discuss the problem and ask them to fix the problem before he has to actually come back and give them a citation. Mayor Kavanagh advised that she realizes that that is the intent but pointed out that it really doesn't say that in the regulations. She added that they (the current members of the Council) may not be here years from now and it does say "first offense not to exceed $100 and the confiscation of the sign" so anyone who wanted to apply that at the time of the first offense could actually do that. Mr. Rodgers explained that the confiscation clause is actually in there now and the only things that had been recommended for change were the amounts of the fines. He noted that that was done at the P&Z hearing but ultimately that is a policy decision that the Council can decide on (the amount of the fines). Councilmember Elkie requested that Mr. Rodgers explain what would happen if someone was found to be in violation (step by step). Mr. Rodgers advised that for an A-frame sign, the Code Officer would go to the business owner, explain why the sign was in violation, what they could do to take care of it, give them 48 hours to rectify the problem (maybe longer depending on the violation) and then he would come back and check on it in a couple of days depending on what the time limit was and if they had not complied, that would trigger the citation. Councilmember Elkie asked if the first part was codified (as pointed out by the Mayor) and Mr. Rodgers replied no, it is more of a procedure within the Code Enforcement Division. Councilmember Elkie stated that he would feel more comfortable having that language in there as well because although he likes having an element of discretion as far as enforcement, he would like to see some type of warning spelled out in the Code itself at least for first-time offenders. He added that from there, people can't claim they didn't know. He said that the warning should be documented in some way, similar to what police officers/sheriffs sometimes provide. He noted that in this way staff will have something that the offenders have signed off on after having the violation and methods to remedy it explained to them. Mr. Rodgers advised that business owners are typically not happy being cited and they are not going to sign anything. Councilmember Elkie stated that if they don't sign anything that is fine but it gets delivered to them and on the back side they could have the pertinent codes and a telephone number to call if they have any questions (it would serve as another educational tool). Mr. Rodgers pointed out that the penalties are imposed by the Judge (offenders can pay the ticket or go and talk to the Judge who can reduce it if he so desires). He added that he cannot remember a time when staff has actually confiscated a sign. Mr. McGuire noted that the ordinance, as it is being rewritten, is going to refer the process over to the Civil Ci tation process -- and that is a Notice of Violation, if that is not complied with then a civil citation would be issued and then there is a provision that kicks it over into criminal after a bunch of different civils. He asked if this is intended to be in front of those processes so that prior to a Notice of Violation there would be a warning. Councilmember Elkie commented that he thinks the Notice of Violation, at least in his mind, is sufficient. He said they would be giving them the notice without any type of particular financial penalty or seizure of property and he thinks that that would satisfy at least what he was thinking. Mayor Kavanagh stated that that seems to be the same thing as a warning and Mr. McGuire agreed and said there is an opportunity to correct the problem before the issuance of a citation. z:\council packets\2012\r10-4-12\120911wsm.docx Page 12 of 18 Vice Mayor Leger advised that he would agree to the codification because they have actually had this discussion before and when he looks at the penalties and their amounts they do seem rather harsh. He added, however, that when you take into account the fact that there is a process in front of the fining then all of a sudden this is not really all that unreasonable. He pointed out that people have choices and it is his understanding that these were proposed by P&Z to be even higher when they had the meeting the fine amounts were reduced. He further stated that the reason why they are here and the reason why the Sign Sub-Committee, which did a fabulous job, was formed was in response to non- compliance issues. He said that despite providing additional information to the business community, non -compliance increased and expressed the opinion that the proposed fines are not unreasonable. He added that when they are done with this process there will be enforcement, which they pulled back on because of the economic climate. He stated that at some point in time he thinks they need to say, "Here's your warning, your warning serves as education." Mayor Kavanagh said that she has a big problem with the $500 fine and the way it has jumped from $50 to $500 and noted that the third one jumps from $100 to $700, which is a huge increase. She added that if the Council wants to do some kind of an increase she thinks they could arrive at a lower amount. Councilmember Brown asked how the Committee felt about these numbers and Mr. Rodgers replied that this is going to go back to the Committee on the 27th of this month with all the new items (they have not seen the proposed fine increases). He added that the entire Committee was not present at the P&Z meeting when those changes were made. Councilmember Hansen advised that the ones who were present were quite taken back. Councilmember Yates stated that when they gave it to P&Z for review it was more standardized and the hope was “Don't get to part two or part three but do a little bit of a sting.” He said obviously if they are messing up, they need to fix it but questioned what the reaction of the owner of the small business or restaurant is going to be. He stressed the importance of keeping this in context with what they are trying to accomplish. He added that he agrees that compliance was and is an issue but he believes they can get that by just going out and making contact and educating the public. He stated that if somebody for whatever reason does not comply and if it is blatant non -compliance, there is a trigger in there to get it before a Judge to address this. He added that to throw out a $700 fine or wherever this goes he thinks is ludicrous and it sends the absolute wrong message out there. He expressed the opinion that there is a way to express their goal without taking a week's salary away from somebody because their A-frame sign did not comply. Councilmember Brown noted that this has been worked on for over a year and asked how the goal can be accomplished. He pointed out that compliance was the number one problem when the Committee started and compliance is still the question and enforcement is still the big issue. Councilmember Yates advised that they are a one-man shop and grossly understaffed, which played a big part in this. He said that they did not have an education process in place to let everybody know. He added that he appreciates the fact that if you give people an inch, they will take a mile, but again he thinks they are taking the wrong approach here with assessing a $700 fine. He stated that he agrees there should be a fine and there should be a process but they have to think about what they are doing. Mayor Kavanagh commented that as far as the compliance issue she thinks a lot of it just got out of control when they were not doing any enforcement (people saw someone with a sign and then they wanted a sign, etc.). Mr. Rodgers interjected that that is recent -- within the last year or so -- but pointed out that prior to that the Council had come back three times and each year they extended it for another year but they were asking for compliance, which they were not getting, especially as far as A-frame signs. Councilmember Hansen said, as it was pointed out, one of the goals of this whole process over the past year, was to come up with a document that was going to make it easier for business owners to be in compliance. She pointed out that the way the Town is laid out there were some business owners who would be in non-compliance just because of the way the ordinance was written. She stated that she thinks that is what they were trying to achieve with the changes. She added that "staying the course" first with the current fees and then giving the ordinance a try would be the way to go. She noted that if it is still a problem then the fees can be adjusted because that can be done at any time. z:\council packets\2012\r10-4-12\120911wsm.docx Page 13 of 18 Vice Mayor Leger said that with all due respect, and he will probably be touted as being non-business friendly, he has been on the Council for six years and they have been down this road three times and compliance has always been the issue. He added that frankly, if someone couldn't understand the Sign Ordinance prior to this then he doesn't understand how that person could run a business because it really is not that complicated. He noted that many warnings were given and education was provided (that was the purpose of the $5.00 permit -- to create a face-to-face scenario for the purpose of education and that was done). He said that after multiple non-compliance issues the Council just said pull back -- just stop enforcing it. He added that he doesn't want to punish business owners and he would be happy to propose that they cut the proposed fines in half but he still thinks there needs to be a reasonable number in place because if past behavior is the predictor of future behavior, something needs to be done. He would support cutting the $100 to $50, cutting the $500 down to $250 and reducing the $700 fine to $350. Councilmember Dickey commented that when they say compliance was an issue she doesn't remember the exact percentage but it was like 90% non-compliance. She agreed that they have to set the fees high enough so that they don't become a cost of doing business because she knows from experience that there are areas in business where that cost is just built into the business plan (if the benefit exceeds the penalty then maybe it is not such a bad penalty). She advised that she doesn't know what that number is but she has seen it (paying a penalty for a certain violation) just become a part of the cost of doing business. Councilmember Brown stated that he doesn't think it matters whether the fine is $50 or $100 if someone is not going to get in compliance they will just not follow the rules. He noted that in the past they would try and enforce it but there were so many non-compliant signs the Council didn't have a leg to stand on. He added that hopefully, after a year and a half with eight business people on the Committee, they have established ambassadors who can go out and help the Council and the Town guide the enforcement and help educate the rest of the business people. He stated that he will go along with what Councilmember Hansen said -- $25, $50 and $100 for right now but he wants it to be enforced, he doesn't want to "soft shoe" it and if that doesn't work they can come back and readdress this issue and the numbers. Mayor Kavanagh concurred with Councilmember Brown's recommendations and stated that she would like to present a document in good faith to the business community and say, "Now is your chance to comply with this, the Committee worked so hard on putting this together." She stressed the importance of having a fair document in place and she said she would like to just see how it goes. She added that as Councilmember Hansen said, at any time they can chang e the fines so they should work on the compliance and see if they can do this is a business friendly manner. Councilmember Elkie said that he has served on the Council for two and a half years and each time that they voted to extend the sunset on this they have reiterated the need for businesses to comply with the ordinance that was in place at the time and it just didn't happen. He stressed the importance of having some "teeth" in the ordinance and stated that the $25, $50 and $100 fines might annoy some of the business owners and those amounts could be increased later if compliance remains an issue. He added that he would like staff to let the Council know immediately if compliance is not improving and he would hope that the business community would help educate itself. He noted that having had a seat at the table and having served as partners in this whole process, there should be more acceptance and more compliance. He added that he would go along with the $25, $50 and $100 at this time and see what happens. He said that he hopes this will be the end of it and they can just "put it to bed" but if it isn't, then they will have to look at other things. Mr. Rodgers informed the Council that the one issue he wanted to be sure everyone was aware of was liability issues and asked if the Council was okay with having the A-frame signs within the public right-of-way. Mayor Kavanagh commented that this came up because a lot of businesses have big parking lots in front of their stores and want to have an A-frame but they would defeat the purpose of having an A-frame if they put it right in front of their business so they wanted to put it on the little median that separates the parking lot from the street. She said that now they would be permitted to do that. Mr. Rodgers advised that this is one of the biggest violations associated with A -frame signs and this would allow those signs to be in the public right-of-way within a foot of the curb. He added that if they had balloons or something similar, z:\council packets\2012\r10-4-12\120911wsm.docx Page 14 of 18 they would be pushed back three feet. He noted that this could result in some liability issues because they would no longer be on the business properties and so staff needs Council direction on this issue. Mayor Kavanagh stated that they have a lot of businesses with large parking lots so if the Council didn't allow them to put the signs out there that would affect a lot of businesses. Councilmember Brown said that he supports allowing the businesses to do so and said he doesn't believe it will present any hazards. Mr. McGuire clarified that the current provision, as written, would not allow the signs to be in center medians that divide portions of pavement or paved roads so the landscaped median along Saguaro will still be off limits. Councilmember Elkie asked if this would include the improvements on Avenue of the Fountain and Mr. Rodgers said no, because that is a parcel and not a public right-of-way. Mr. Rodgers noted that another issue is the banners and it is being proposed that the time limit be extended from 14 days to 30 days for event banners. He added that currently churches are allowed to keep them up for 30 days and the idea behind this is to be consistent for both churches and businesses. Councilmember Dickey moved on to 6.08® - Political Signs - and asked whether the Town is looking into have a sign free zone, which is allowable according to the statute. Mr. Rodgers responded that staff has not looked into establishing one to date. In response to a question from Councilmember Dickey, Mr. McGuire advised that the sign free zone is allowed for an area that is defined as entertainment, hotel/hospitality, etc. He reported that it is limited to three square miles and the communities that have established them include Paradise Valley, which did a very long, skinny version of it to be able to hug the right-of-way along Lincoln to allow all the resorts along there to be covered by it. He pointed out that Fountain Hills is significantly more compact as far as uses so the three square mile limitation probably would not be difficult to find. He added that they would need to have a determination by Council ordinance to determine that this is an area that has those characteristics and will be sign free. He noted that it is mainly related to aes thetics and whether signs in a particular area would economically or aesthetically harm that area (i.e. Fountain Park). Mayor Kavanagh asked if they could designate an entertainment district or something like that and pointed out that that is basically what Scottsdale did but then they didn't do anything about the non-compliance. Councilmember Elkie asked what the distance is from Saguaro at Shea to Saguaro out at Palisades and Mr. Mood responded approximately three plus miles. Councilmember Elkie commented that that is the distance but as far as the square -- how far west could they go towards Fountain Hills Boulevard because that would be an interesting three square miles. Mayor Kavanagh said that if the Council is interested in doing something like th at they could ask staff to look at that. She added that she would want to include the park in that. Councilmember Yates commented that they could probably include the entire Town Center in that. Vice Mayor Leger noted that the State provision clearly provides for a sign free zone and he too would be very much in favor of directing staff to look into this (definitely between Saguaro and Palisades because that is their Town Center and their tourist area with the park plus there is a hotel in that particular area). Mr. Rodgers asked if that would include the Town Hall (the parking area where most of the signs were erected) and the Vice Mayor said that staff will have to research that and come back with some recommendations. He noted that this could occur in a couple of Downtown areas. z:\council packets\2012\r10-4-12\120911wsm.docx Page 15 of 18 Councilmember Hansen brought up Election Day as well and discussion ensued relative to the fact that the Council could make an exception for that particular day. Mayor Kavanagh advised that she had a question about garage signs and noted that she read that they have to be constructed of wrought iron, sheet metal, plastic or wood that is at least three-eights of an inch thick. Mr. Rodgers pointed out that that requirement is currently in the ordinance (they only added plastic). The Mayor said that she was just wondering if there was any way they could make that a little easier so that people did not resort to using boxes and Mr. Rodgers stated that boxes are not allowed. Mayor Kavanagh advised that she is aware of that, however, they do use boxes because people having garage sales typically don't go out and purchase special materials to make their signs -- they use what they have in their possession. Mr. Rodgers stated that staff will actually provide -- free of charge -- a sign that residents can use for their sales as long as they return it after the sale. He reported that they have four or five of them. Mayor Kavanagh reiterated that she would like to make that a little bit easier so that people have an easy way t o put up a sign and be in compliance. She asked for input on this. Mr. Rodgers agreed that the cardboard boxes are the ones that staff gets the complaints about because they wind up in the middle of the street. Councilmember Elkie commented that there are some things that they will just not be able to control. The Mayor asked if they are just looking the other way when it comes to this and Mr. Rodgers stated especially on weekends because they do not have a Code Officer working then. He added that whe n the Officer does receive a complaint he does go out and talks to the people and explains what the problem is but it is usually too late by then. Councilmember Dickey referred to lighting and said they have a lighting ordinance and wanted to know if that was what governs whatever signs have lights (as far as how bright they are, etc.) and Mr. Rodgers stated confirmed that it was. Vice Mayor Leger referred to Chapter, 6, Page 18 of 34, Banners, Balloons & Pennants, and read that for grand openings no permit is necessary or for Chamber ribbon-cuttings. He added that when there is a change in the ownership of a business no permit is necessary to use banners, balloons or pennants but noted that for church events a permit is required to utilize those items. He asked what the rationale was behind that. Mr. Rodgers informed the Council that that has not changed but clarified that permits must be obtained in order to use banners for all of those uses. He added that over-the-counter reviews are conducted on the events that do not require permits to ensure that there are no safety issues. He noted that if a church was having an event the same type of permit that would be required -- over-the-counter administrative approval. He said that feather signs fall under the same category as banners and all signs are supposed to be in good condition. In response to a request for clarification from Vice Mayor Leger, Mr. Rodgers confirmed that Shea Boulevard is a sign free zone in general and if someone has a banner on Shea Boulevard or in the right-of-way in front of the Target center that would constitute a violation. Mr. Rodgers added that there is a setback, he thinks 150 feet, and if they abided by that they would be okay. Mayor Kavanagh pointed out that the Farmer's Market was allowed to erect a large A-frame sign on Shea and asked if they can continue to do this. Mr. Rodgers responded that that is not something that was covered under this ordinance; that was under a Special Event Permit. He confirmed that they could place an A-frame sign on Shea as long as they obtain a Special Event Permit that includes the off-site signs, like The Great Fair. Councilmember Brown complimented Mr. Rodgers and the entire Committee and said that he thought that the work done on the Sign Ordinance was very well done. z:\council packets\2012\r10-4-12\120911wsm.docx Page 16 of 18 Mr. Rodgers went on to discuss Ordinance 12-04 - Public Art and explained that this ordinance amendment is being done as a result of a request from the Building Safety Division. He outlined the responsibilities of the B uilding Safety Division in this particular area and explained that the requirement that Public Art contributions be made at the time of Occupancy Permit approval of commercial, industrial or multi -family development projects has proven to be problematic for the Building Safety Division over the past few years. He noted that on occasion, Building Safety staff has had to hold back Certificates of Occupancy after a building has been constructed due to the applicants not having met the public art requirement. He added that this requirement has occasionally slipped through the cracks and Certificates of Occupancy have been issued in error due to the current permit tracking software's inability to flag this requirement in this system. Mr. Rodgers further stated that since the responsibility for collecting the public art donations rests with the Building Safety Division, they have requested that the ordinance be amended to require that the donations (either cash or actual art pieces) be made at the time the Building Permit is issued. He explained that at the request of the Planning & Zoning Commission, the ordinance has been amended so that if the cash donation is selected, the funds would be held separately until the Certificate of Occupancy is issued. He noted that the Public Art Committee expressed their support for the proposed amendments in an e-mail dated June 25, 2012. He added that any cash contribution or actual art donation provided at the time of the Building Permit issuance may be refunded if the project fails to begin construction for some reason. He said that this change is administrative in nature and only the process is being changed. He requested input from the Council relative to this item. Councilmember Dickey asked if the Public Art Committee would not be able to expend any funds until they knew for sure the project was going forward and Mr. Rodgers replied that Finance Director Julie Ghetti would have to set up two accounts, one that they could draw from and one that they could not until the Certificates of Occupancy were issued. Mr. Rodgers addressed Ordinance 12-05, Outdoor Seating, and explained that the proposed amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. He added that the amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and noted that there are no public safety issues. He reviewed the Staff Report on this item and informed the Council that staff receives numerous inquiries from restaurants regarding whether or not they can create outdoor seating areas for their customers to use during the cooler months. He explai ned the current regulations and said that the proposed text amendments will provide all restaurants that are already permitted uses and located within any commercial or lodging districts the option of creating on-site outdoor seating areas for their customers without the requirement that they obtain a Special Use Permit or enclose the patio area. Mr. Rodgers further stated that restaurants that do not serve alcohol will be provided the option of not installing a fence or similar barrier around their outdoor seating areas and restaurants that do serve alcoholic beverages will also have the option unless required to enclose their outdoor seating areas under their State Liquor License. He added that exceptions are made in cases where public safety would be compromised and in such cases the Town will require the seating area to be fenced or otherwise protected. He stated that the safety determination will be made during the Concept Plan approval and/or the Building Permit process. He noted that in cases where no approvals for physical improvements are required, the Zoning Administrator will make the determination. He added that ADA (Americans with Disabilities) requirements would not be affected and would remain a requirement. Mr. Rodgers informed the Council that the Planning & Zoning Commission voted at their June 29, 2012 regular meeting to forward the recommendation to the Town Council to approved the proposed text amendments to Chapters 12, 16 and 18 of the Zoning Ordinance relating to Outdoor Seating Areas and said that staff also recommends approval. There were no questions from the Council relative to this ordinance. Mr. Rodgers discussed Ordinance 12-06 - Temporary Use Permits, and reviewed the Staff Report. He explained that the proposed amendments would revise the zoning regulations relating to Temporary Use Permits (TUPs) to amend, eliminate and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits. He reported that the TUP regulations currently reside in seven chapters of the zoning ordinance and occasionally duplicate a number of other permit requirements and sometimes create unnecessary and time -consuming z:\council packets\2012\r10-4-12\120911wsm.docx Page 17 of 18 procedures. He briefly highlighted the ordinance sections which contain TUP regulations and the effect of the proposed amendments on those sections. He reported that the Planning & Zoning Commission voted at their June 28, 2012 , regular meeting to forward a recommendation to the Council to approve the amendments to the Zoning Ordinance, Chapters 2, 5, 9, 10, 11, 15 and 18 as they relate to TUPs and staff also recommends approval. There were no questions from the Council relative to this ordinance. Mayor Kavanagh thanked Mr. Rodgers for his presentation. In response to a question from the Mayor, Mr. McGuire advised that he had a chance to skim through the minutes in response to questions posed earlier in the meeting and said that it appears that Ordinance 00-12 from August of 2000, was approved with pretty broad discretion (relative to the Downtown Fund). He said that the discussion following this was 99% on the mountain side of it or the tax side of it (whether or not to tax) and there really was not much discussion focusing on Downtown as opposed to the mountains relatively speaking. He stated that he does not believe that there is an encumbrance upon the Council and they would have to go back and pull Ordinance 00-12 to specifically amend it or appeal it depending on how the Council would like to deal with it and he believes this is totally within the Council's discretion. Councilmember Yates thanked Mr. Buchanan and his assistant Shaunna Williams for pulling that information together. Councilmember Elkie commented that he echoes what Vice Mayor Leger previously stated -- when this was passed the voters were told that the monies were going to be used for a specific purpose and he would have a problem with undoi ng what was previously promised despite the fact that the Council has the discretion to do so. Councilmember Hansen pointed out that they are not talking about changing anything now -- they are talking about what the allowable uses of the Downtown Fund actually are. She added that that is still kind of hanging out there as to whether those funds could be used for paving in the Downtown area. Mayor Kavanagh commented that it is just the way the money has been used since then and she thought that there was something that designated the Downtown area. She said she knows that the Chamber was always talking about a designation for the Downtown area -- there were the districts that were set up -- and she has always thought from just the way it has been handled that it was considered the Downtown. Vice Mayor Leger stated that he would agree with Councilmember Hansen that they probably do have the latitude to go back and perhaps redefine and make this a little clearer but he looks at history and he looks at precedent and they have almost set a precedent by how they have utilized that money in the past and if they did it differently he thinks that would be changing it. He referred to the Swaback project and said that he believes it was supplemented with Downtown funds because that was a Downtown project (for the purpose of developing Downtown) and he cannot recall using that money for pavement or sidewalks in the past. He expressed the opinion that their past behavior has set that precedent and despite the fact that they do have some flexibility he would like to honor the commitment that was previously made. Mayor Kavanagh stated that she thinks the money was used for the sidewalks and the shade structures that were erected. Vice Mayor Leger concurred and said that was on the north side of the Avenue. The Mayor reiterated that she too would like to honor the precedent that was set. Councilmember Dickey said that she believes Councilmember Hansen is not saying let's not use it for Downtown, she is asking if the intersection can be considered Downtown (the roads). She added that the reason this came up was to determine whether they were willing to put money into the roads and whether it comes from the CIP or the Downtown Fund, it shows that the Council is showing a willingness to put some money into the roads. Councilmember Yates requested that Mr. McGuire pull the ordinance and provide the Council with his interpretation and Mr. McGuire said that he would be happy to do so. z:\council packets\2012\r10-4-12\120911wsm.docx Page 18 of 18 Vice Mayor Leger said that he forgot to mention when they were having the discussion on the median that he was at the presentation the other day that staff had and he heard a couple people toss around some different terminology -- they were referring to this as an Events Mall. He stated that rather than saying they are going to spend $2 million to enhance a median, they might want to discuss how they talk about this because it really is about creating some synergy in the Downtown area. Councilmember Yates interjected that it is like a Mall on the Avenue. Mayor Kavanagh thanked staff for displaying pictures in the Chambers commemorating the anni versary of 9-11 and stated that she thinks they have all had a day of remembrance. She added that if anyone has not already paused to think about all the people who lost their lives that day she would encourage them to do. AGENDA ITEM #3 – ADJOURNMENT. Councilmember Brown MOVED to adjourn the meeting and Councilmember Yates SECONDED the motion. The Work Study Session adjourned at 7:53 p.m. TOWN OF FOUNTAIN HILLS By ______________________________________ Linda M. Kavanagh, Mayor ATTEST AND PREPARED BY: _______________________________ Bev Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of t he minutes of the Work Study Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 11th day of September, 2012. I further certify that the meeting was duly called and that a quorum was present. DATED this 4th day of October, 2012. ___________________________________ Bevelyn J. Bender, Town Clerk