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HomeMy WebLinkAbout2012.1101.TCRM.Minutesz:\council packets\2012\r11-15-12\121101regm.docx Page 1 of 17 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 1, 2012 * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:40 p.m. in the Town Hall Council Chambers. * INVOCATION - Mr. Fred Widom, Temple Beth Hagivot * ROLL CALL Present for roll call were the following members of the City Council: Mayor Kavanagh, Councilmember Yates, Vice Mayor Leger, Councilmember Brown, and Councilmember Dickey. Town Manager Ken Buchanan, Town Attorney Andrew McGuire and Town Clerk Bevelyn J. Bender were also present. Councilmember Elkie was absent from the meeting and Councilmember Hansen arrived at the meeting at 6:54 p.m. * MAYOR'S REPORT Prior to reading the proclamation, Mayor Kavanagh provided information relative to the McDowell Mountain Preserve. She announced that to celebrate McDowell Mountain Month there will be a "Life in the Preserve Day" on November 17th from 8:00 a.m. until Noon in Fountain Park in the children's play area. She added that there will also be a 45-minute guided hikes along the Overlook Trail that will begin at the "Life in the Preserve" tent area and she hopes that everyone will come out and learn about one of the Town's greatest assets. i) The Mayor will read a proclamation declaring November 2012 McDowell Mountain Month. Mayor Kavanagh stated that the preservation of the McDowell Mountains and the Sonoran Desert has been established as a high priority for the Town of Fountain Hills and its citizens. She said that it is the desire of the Town to celebrate the unique environment of its Preserve and to raise awareness of the need to preserve these valuable treasures for future generations. She reported that the first permanent access trail to the Preserve has been completed and proclaimed November 2012 as "McDowell Mountain Month" in Fountain Hills and called upon all citizens to take a moment during the month to appreciate the beauty of this community treasure. ii) The Mayor will review recent events attended relating to economic development. Mayor Kavanagh reviewed a number of recent events she attended and provided additional information as well on a variety of Town events and activities that have taken place in Town. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i) Presentation on the Town's Comprehensive Annual Financial Report for the fiscal year ending June 30, 2012 by Dennis Osuch, CPA, Partner with Clifton Larson Allen LLP. Town Manager Ken Buchanan addressed the Council and said that Deputy Town Manager/Finance Director Julie Ghetti will introduce the Town's auditor. Ms. Ghetti stated that the State requires cities and towns each year to have an audit done of their financial records by an independent auditing firm and the Town has contracted with Clifton Larson Allen and this evening a partner in that firm, Mr. Dennis Osuch, will provide his report to the Council. z:\council packets\2012\r11-15-12\121101regm.docx Page 2 of 17 Mr. Osuch addressed the Council and stated that his firm audited the financial statements of the governmental activities, each major fund and the aggregate remaining fund information for the Town as of and for the year ended June 30, 2012, which collectively comprise the Town's basic financial statements. He noted that the financial statements are the responsibility of the Town's management and his company's responsibility is to express opinions on these financial statements based on their audit. Mr. Osuch informed the Council that the audit was conducted in accordance with auditing standards generally accepted in the United States. He said that all of this information is included in a letter that was submitted to the Council (report available in the office of the Town Clerk). Mr. Osuch advised that there were no difficulties experienced while performing the audit and added that they also reviewed the Highway User Revenue Report. He stated that his firm does a report on whether the Town uses Highway User Revenue Funds in accordance with Arizona Revised Statutes and the firm issued a clean opinion on that and had no findings in that area. He stated that they also issued a report on the LTAF II funds, as far as their use, and a clean opinion was issued on these funds as well. Mr. Osuch briefly highlighted the findings of other various audit reports conducted by his firm and expressed appreciation to Ms. Ghetti and her staff for their assistance during the audit and said that it went very smoothly this year and, for the most part, was a very clean audit. Mayor Kavanagh thanked Mr. Osuch for his report. Vice Mayor Leger expressed appreciation to Mr. Osuch for the report and the good news. He said that he thought it was important once again to recognize Deputy Town Manager/Finance Director Julie Ghetti and her financial staff and commented on the fact that the Town continues to receive rewards on its financial management and reporting. Mayor Kavanagh stated that the Vice Mayor's remarks are shared by the entire Co uncil and commended Ms. Ghetti and her staff on their hard work. ii) Presentation by Dennis Smith, Executive Director of the Maricopa Association of Governments (MAG). Dennis Smith, Executive Director of the Maricopa Association of Governments (MAG), addressed the Council and thanked them for the opportunity to address them this evening. He reported that MAG was formed in 1967 and highlighted a PowerPoint presentation (copy available in the office of the Town Clerk). He discussed the following topics: Councils of Governments (COGs) and MPOs (Metropolitan Planning Organizations); the importance of working regionally; MAG's purpose; Regional Planning Districts; Transportation Management Areas; MAG membership and policy structure; Federal responsibilities; the Regional Transportation Plan; the Transportation Improvement Program (TIP); Air Quality Conformity Analysis; MAG's 2012 Five Percent Plan for PM-10; the fact that "Haboobs happen" and a 200-page report that took six months to compile proving to Environmental Protection Agency (EPA) that the Haboob was not man-made; State and Regional Responsibilities; Cooperatively Developed Funding; Megapolitan 2000 vs. a Megapolitan 2050 Scenario; the Importance of Transportation; Transportation Agencies and a Timeline; the fact that Regional Cooperation Makes a Difference; Future Challenges; Distressed Residential Properties (March 2010 and September 2012); Building High-Performance Organizations; the MAG Policy Structure and the importance of organizing for the economy; Michael Gallis' Key Messages and Conclusions; Imports from Mexico in U.S. Dollars 2004-2010; the Composition of Arizona Exports; the Congressional Budget Office's March 2009 Baseline for Transportation Trust Fund Obligation Limitations; and Gasoline Taxes. Mayor Kavanagh thanked Mr. Smith for his presentation and for coming to Fountain Hills. Councilmember Dickey also expressed appreciation to Mr. Smith and stated that his explanations and clarifications were very worthwhile. She noted that local is becoming more than just your own city, it is the whole region. She asked how the Mayor would know if there were openings for appointments on z:\council packets\2012\r11-15-12\121101regm.docx Page 3 of 17 committees. Mr. Smith advised that typically when a newly-elected official comes into the region MAG sits down with them -- they have had a meeting with Mayor Kavanagh and provided her with an outline of all of the Mayor's who serve on the MAG Committee so both the Mayo r and the Town Manager has that information. He stated that they just ask that whoever is appointed to the Committee has the time to attend and participate because they do have quorum requirements and they do have audio/video conferencing capabilities to make it easy for those who would have to travel long distances. He stressed the importance of having a vision that everyone buys into. Councilmember Dickey thanked Mr. Smith and MAG for their valuable partnerships with the Town and said the organization is a valuable resource for the Town. Mr. Smith assured the members of the Council that MAG works for the Town. Mayor Kavanagh stated that before they go to the Call to the Public, if anyone is present to sp eak on the Sign Ordinance that will be discussed under Agenda Item #5. * CALL TO THE PUBLIC Town Clerk Bev Bender advised that three citizens wished to address the Council under this agenda item. Tom Gonsiorek addressed the Council and said that he moved to Fountain Hills eleven months ago and lives over by Saguaro and Shea Boulevards. He advised that an eyesore has recently developed in the area (Shea Boulevard). He noted that there are two vehicles parked there and one has been there for about two months now and the other just got there a couple of weeks ago. He said that the second one is about twelve feet tall and has a complete cover on it. He informed the Council that he spoke with the Sheriff's Office and they went out and checked the vehicles and reported that they both appear to be legitimately registered with the Town of Fountain Hills and they cannot do anything about it. He stated that he just wants to know the possibility of getting something done so that people cannot store their cars on the street throughout the winter because that i s what these two people are doing. He added that the first vehicle has sat there for months and months, has tumbleweed underneath it, gathers dirt and is an eyesore. He requested information on how he can do something to get this situation addressed. Mayor Kavanagh stated that staff will get back to Mr. Gonsiorek relative to this issue. Peter Bordow addressed the Council and said he was fortunate to win a day at the firehouse with the crew in Town and had the opportunity last week to spend a few hours with the firefighters and the Captain. He said that the experience was awesome and he got to find out firsthand how they manage their shifts and carry out their commitments. He added that he had always wanted to be a firefighter since he was a child and stated that these firefighters are true heroes -- capable, committed and humble. He encouraged everyone to stop by and meet the firefighters who protect the citizens of Fountain Hills. The third speaker, Linda Bordow, declined to speak at this time. CONSENT AGENDA ITEMS AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM OCTOBER 9 AND 18, 2012. AGENDA ITEM #2 - CONSIDERATION FOR APPROVAL OF RESOLUTION 2012-30, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY AND WESTERLY PROPERTY LINE OF PLAT 505-D, BLOCK 2, LOT 9 (16851 N. SOURDOUGH PLACE) AS RECORDED IN BOOK 158 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA. EA12-07 (TAYLOR). z:\council packets\2012\r11-15-12\121101regm.docx Page 4 of 17 AGENDA ITEM #3 - CONSIDERATION OF APPROVING AN EXPENDITURE WITH TYLER TECHNOLOGIES, INC. IN THE AMOUNT OF $52,827.48 FOR THE TWELVE-MONTH PERIOD SEPTEMBER 25, 2012 THROUGH SEPTEMBER 24, 2013 FOR ANNUAL MAINTENANCE AND SUPPORT OF THE TOWN'S MUNICIPAL ENTERPRISE FINANCIAL SOFTWARE. Councilmember Yates MOVED to approve the Consent Agenda as listed and Councilmember Dickey SECONDED the motion. There were no citizens wishing to speak on this agenda item. A roll call vote was taken with the following results: Councilmember Hansen Aye Councilmember Dickey Aye Councilmember Brown Aye Councilmember Elkie Absent Councilmember Yates Aye Vice Mayor Leger Aye Mayor Kavanagh Aye The motion CARRIED UNANIMOUSLY (6-0) by those present. REGULAR AGENDA ITEMS AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2012-20, DECLARING AS PUBLIC RECORDS THE ZONING ORDINANCE, CHAPTER 1, "DEFINITIONS," AND CHAPTER 6, "SIGN REGULATIONS." Senior Planner Bob Rodgers addressed the Council relative to this agenda item said that he does not have a presentation for the Resolution. Town Attorney Andrew McGuire clarified that a presentation would be made under Agenda Item #5. Councilmember Dickey MOVED to approve Resolution 2012-20, declaring as public records the Zoning Ordinance, Chapter 1, "Definitions," and Chapter 6, "Sign Regulations" and Councilmember Yates SECONDED the motion. There were no citizens wishing to speak on this item. The motion CARRIED UNANIMOUSLY (6-0) by those present. AGENDA ITEM #5 - PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 12-07, A TEXT AMENDMENT TO CHAPTER 1, "DEFINITIONS," AND CHAPTER 6, "SIGN REGULATIONS," OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS. IF ADOPTED, THE AMENDMENTS REVISE LARGE PORTIONS OF THE TOWN'S REGULATIONS REGARDING COMMERCIAL SIGNAGE. CASE #Z2012-01. Mayor Kavanagh declared the public hearing open at 7:20 p.m. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and explained that what is commonly called the Sign Ordinance is actually Chapter 6 of the Zoning Ordinance. He highlighted a list of the specific objectives for the regulations (copy of the PowerPoint presentation available in the office of the Town Clerk). He informed the Council that an Ad Hoc Ordinance Review Committee was formed in July 2011, consisting of volunteers representing the business community, citizens at large, staff and members of both the Planning & Zoning Commission and Town Council. He advised that the Committee reviewed the entire Sign z:\council packets\2012\r11-15-12\121101regm.docx Page 5 of 17 Ordinance in order to make recommendations for improvements and clarifications. He noted that particular emphasis was to be placed on A-frame and Banner regulations. He said that the Sign Ordinance Review Committee met weekly until April of 2012, and noted that during the months of March and April, three Open Houses were held in order to present the Committee's recommendations to the public and receive additional input. He said that the Planning & Zoning Commission held a public hearing on July 12, 2012, and recommended approval of the proposed ordinance amendments and included a few of their own amendments. He added that due to additional amendments also proposed by the Town Attorney and comments received from the Town Council's Work Study as well as the Sign Committee's re-review, the Planning & Zoning Commission held a second public hearing on October 11th of this year. Mr. Rodgers referred to a list of the sections that are being proposed to be amended and stated that they reflect the Planning & Zoning Commission's final recommendations. Mr. Rodgers briefly highlighted each of the proposed sections contained in the report. (He noted that the ones listed in red are the ones that have different recommendations from bodies other than the Planning & Zoning Commission.) Mr. Rodgers provided the following information on sections that staff does not agree with as follows: Section 6.071.04 Staff does not recommend permitting Electronic Message Signs Section 6.08.B Staff supports the changes as recommended by the Planning & Zoning Commission but feels that there has not been adequate compliance with the existing ordinance to justify a two -year sunset extension. Staff recommends keeping the one-year extension until there has been evidence of business community compliance with the new ordinance. Staff also supports allowing A-Frame signs to be out between 7:00 A.M. to 9:00 P.M. Section 6.08F Staff does not support allowing contractors to put up banners instead of hard signs when they are working on site. Staff has had no requests from contractors for this amendment and believes that such a change could lead to visual clutter, especially in residential neighborhoods. Staff recommends that this amendment be denied. Section 6.08P Staff feels that neon signage is not in keeping with the Southwestern style of commercial development that is encouraged through the Concept Plan Review and the Architectural Design Review standards adopted by the Town. Staff recommends that this section be amended to end the use of neon signs rather than expand their use. Mr. Rodgers said that the Town Attorney noted that the existing ordinance provisions that allow only OPEN or logo signs could possibly be construed as content-based regulation. The Town Attorney recommends amending the ordinance to permit Neon Signs to display any legal message, subject to the other current window signage restrictions. Section 6.08CC Staff does not support the proposal to allow Electronic Message Signs for commercial and industrial uses. Staff's objections to this type of signage are similar to their objections to Neon Signs and Banners and relate to the cumulative effects of the visual character of the Town. Staff recommends that this amendment be denied. Mr. Rodgers informed the Council that additional correspondence containing additional recommendations relative to this item have been received from various associations and companies as well as Ms. Audra Koester - Thomas (included in the Council's packets). Mr. Rodgers advised that Staff recommends that the Council approve the text amendments to Chapter 1, "Definitions," and Chapter 6, "Sign Regulations" of the Zoning Ordinance as presented by the Planning & Zoning Commission with the additional amendments recommended by staff. Mayor Kavanagh thanked Mr. Rodgers for his presentation. z:\council packets\2012\r11-15-12\121101regm.docx Page 6 of 17 Town Clerk Bev Bender advised that she has received 13 requests to speak on this agenda item, one of which has indicated that they do not wish to speak but indicated they are against Ordinance 12-07. Jerry Kirkendoll addressed the Council and said he thought he heard that the signs no longer have to be three feet in but someone told him that that changed again and requested clarification on this issue. He stated that there are a lot of businesses whose signs will not be seen if they have to be three feet in because there will be trees in the way, etc. He added that he just wants to know whether or not the signs can go closer to the street. Mayor Kavanagh said she believes that was a recommendation by the Planning & Zoning Commission but the Council has not rendered a decision on that as yet. Mr. Kirkendoll commented that in the past there were a lot of people who left their signs up all night long and there is also a flashing sign in one area and he questioned why those things were allowed to occur. He urged the Council to keep the regulations simple. Peter Bordow addressed the Council and stated that he has a home-based business and a day job and never gave much thought to the sign ordinances until a friend was trying to find a place and it was really difficult to locate because the sign was so small. He advised that he and his son are working on opening up a new business in Town and he has done all the background work that needs to be done and found an investor as well. He noted that in conversations with the investor a question came up about how he was going to deal with the Town's sign limitations. He said that his business will rely a lot on traffic and in order to bring peo ple into Town to spend money the signage must be visible. He added that in going through the Planning & Zoning Board's documentation, there was a consistent re-occurring pattern where the Sign Review Committee, made up of elected officials, business community leaders, and citizens, would make recommendations and those recommendations would then be countered by the Planning & Zoning Commission and then by staff. He noted that the Sign Review Committee brought forth good recommendations that would help busi nesses, enhance the economy in the Town and create a more friendly environment as well. He stated the opinion that staff's recommendations were quite the opposite and were business unfriendly. He stressed the importance of striking a balance and bringing a little common sense into the conversation. He further stated that with all due respect to staff, they do not need to turn a profit, make payroll or pay back an investor but business owners do. He requested that the Council consider the Sign Review Committee's recommendations. Shawn White addressed the Council and said he is an attorney and business owner in Town and a member of the sub-committee that reviewed the Sign Ordinance. He stated that he wanted to go through a few of the recommendations that the Committee looked at. He discussed A-Frame signs and noted that the Committee recommended that A-Frame signs be allowed within one foot of the curb and the reason behind that recommendation was because signs that are three feet back may not be able to be seen at different businesses. He added that they have meandering sidewalks in Town and the Committee did not recommend that the signs be placed on the sidewalks or in the median so the meandering sidewalks could prohibit an A-Frame sign where otherwise they would be permitted if they were one foot back from the curb or sidewalk. He said that banners are an effective way for businesses to advertise and market their businesses and added that two and a half days a month is something that the Town really needs to address. He noted that businesses use the banners for special events and as an inexpensive way to draw people to their businesses. He pointed out that the churches have 30 days per month that they can display banners and he suggested that they compromise and allow all businesses to keep their banners up for 14 days. He also discussed electronic message signs and reported that this top was not very controversial. He advised that the Committee went with a proposal that was suggested to them -- electronic message signs had to be on-site with no flashing or images after 10:00 p.m. and can only be used in commercial and industrial districts. He referred to neon signs and said that the current regulations do regulate content and the Committee recommended that neon signs be kept in place with no content regulations. Frank Ferrara, Chief Executive Officer of the Chamber of Commerce, addressed the Council and said that signs have been an issue for many, many years. He stated that he read an article in The Times recently that said people outside of Fountain Hills view the Town as being an unfriendly place in which to do business. He said z:\council packets\2012\r11-15-12\121101regm.docx Page 7 of 17 that they know better and they have an opportunity to dismiss the myth. He requested that the Council support businesses and recommendations that have been brought forward. Linda Bordow addressed the Council and said that she attended every one of the sign meetings and spoke in opposition to raising the fees. She added that she likes the banners and that A-Frame signs are difficult to read. She noted that on the banners instead of allowing them to be up for 14 days they are calling for 7 consecutive days and said that they should keep in mind that businesses have slow days and sales on other days so 7 consecutive days limit businesses. She pointed out that there are neon signs in every town and if done properly she believes they should be allowed. She further stated that limiting what can be said on electronic signs borders on free speech issues and she said that she likes the compromise that was brought forth although staff does not agree with it. She commented that staff does a great job but they have to keep in mind that businesses have a hard time and need all of the help they can get. She asked the Council to e nhance business opportunities in Town. Paul Smith addressed the Council and advised that he is representing the Greater Fountain Hills Business Alliance (he is Chair of that organization). He advised that their whole purpose is the retention and expansion of businesses in Town. He stated that as far as retention, they have seen so many businesses fail and for many this is because they are not being recognized. He stressed the importance of signage and following what the business people want and need in this situation. He added that his organization has over 100 members and he is also speaking on their behalf this evening. Gene Slechta addressed the Council and said that Ms. Bender will distribute some pictures to the members of the Council (available in the office of the Town Clerk). He stated that businesses have used the Tow n's rights- of-ways to display their temporary signage without permission. He noted that businesses have been warned for four years now to obey the regulations and that has not happened. He reported that 50% of the businesses leave their A-Frame signs out all night long and discussed other violations that occur on a daily basis. He said that he finds the businesses’ lack of response to be disappointing. He advised that Town rights-of-ways belong to everyone and should be respected. He asked what the consequences are for violators and said that at a recent meeting, the Council directed staff to draft a resolution that would create a political sign -free zone in Town right-of-ways on every arterial in Town. He stated that placement of signs in these right -of-ways will detract from aesthetical appeal. He said that an esteemed member of the Strategic Planning & Advisory Commission said it best when stating that that Fountain Hills is not and should not strive to be an average community and requested that the Council take steps to ensure that high standards are maintained. He reported that half of the communities in the Valley do not allow A-Frame signs and the proposal vastly increases the usage of the most unappealing signs possible. He urged the Council not to reward bad behavior. Bob Dose addressed the Council and disagreed with the previous speaker's comments. He advised that he supports the group's recommendations. He said that they are sound and requested that the Council approve the proposal. Sal Ripoli addressed the Council and commented on businesses he has owned/owns in Town. He noted that he too had served on a prior sign committee for a year and the members put a lot of work into it. He stated that he is the one that came up with the idea to have the A-Frame signs professionally done so they would all be uniform and allow the Town to make some money while the businesses succeed. He advised that he sat in on a couple of these Sign Committee's meetings and believes that they did a good job. He informed the Council that there are two sections that he would like to see changed -- he said unfortunately feather signs got thrown in with the banners and they are two different things. He spoke in support of feather signs and said that those items should be separated out and feather signs should be allowed greater usage. He noted that the other item he would like to bring up has to do with spinner signs (a person spinning a sign) and said that they cannot be read and he believes that they represent a safety issue. He advised that the recommendation is to allow them for 30 days and he said that he does not agree with that recommendation especially from a safety point of view. Sherry Sledge addressed the Council and said that she is Business Woman of the Year this year and submitted to the Council petitions signed by a significant number of Fountain Hills’ residents in support of the A-Frame z:\council packets\2012\r11-15-12\121101regm.docx Page 8 of 17 signs. She discussed her participation on the Sign Committee and noted that 20% of her new business comes as a result of A-Frame signs. She added that for the last 18 months enforcement has not been in place and displayed a sheet depicting various garage signs that go up every weekend and appear tr ashy. She said that the A-Frame signs are significantly more attractive than those signs. She questioned why the business people are being penalized when garage sale signs are out every single weekend. She also commented on the large number of For Sale and For Lease signs all over Town. She stated that if someone asked her if she would open her business in Town again she would have to say that she would open in Scottsdale if she wants to make money. She said that the Committee worked very hard on what they brought forward. She advised that they want to monitor themselves -- most of them feel that way. She added that Fountain Hills is a beautiful Town and the A - Frames do not detract from that. Margaret Squires addressed the Council and informed them that she supports A-Frame signs. She added that she has owned a business in Town for almost 19 years and the A-Frame signs have doubled her walk-in business. She noted that she had forwarded an e-mail to the Council relative to this issue and she hopes that the Council will consider what they are hearing tonight and support the recommendations of the Sign Committee. Audra-Koester Thomas addressed the Council and briefly highlighted her land use and community planning background. She advised that Fountain Hills is not the first master planned community that she has lived or worked in and as an adult she has only lived in master planned communities. She discussed her knowledge in the area of covenants, deed restrictions, development standards and zoning ordinances and how they can be used both effectively and ineffectively in preserving character, protecting property values and enhancing viability. She noted that in the finest master planned communities’ sign placement, use, type and kind are narrowly defined and strictly enforced. She added that building, parking and signage design standards are potent elements in creating a desired community aesthetic because they are the largest visible built elements and in the sparse desert, where there is often little vegetative or native structure to compete with the built environment, the impact of those assets is even more important to analyze. Ms. Koester-Thomas stated that she remains steadfastly opposed to the proposed changes to the sign regulations in the Town's Zoning Ordinance. She said that over the course of the past several years, the Town and its elected and appointed officials have allowed the A -Frame and banner sign experiment to continue long after the original and amended timeframe, routinely extending the sunset clause. She added that neither by her observations nor those witnessed by the Commission and Council have they seen a willingness of partnership on behalf of those who seek to utilize expanded A-Frame and banner sign allowances. She further stated that compliance remains a problem and this alone should provide great pause at any consideration for these expansions. She said that she supports the Commission's recommendation for increased penalties for sign regulations and added that it is clear that with these continued, selfish violations, there is little respect for the Town, its Zoning Ordinance or the residents, visitors and other businesses. Ms. Koester-Thomas advised that she does not support the expansion of A-Frame signs, including placement in the street right-of-way or placement between 6:00 a.m. and Midnight. She noted that she does support the use of A- Frame signs in close proximity to the business itself; chalk-board A-Frames for example that announce a special purchasing opportunity provide a quaint, comfy feel while allowing pedestrians a brief glimpse into what the store might offer. She added that during this prolonged experiment, the signs she has seen in the right -of-way created a cluttered view, which overly competed with each other and provide a potential safety hazard by impeding the view at intersections. She said that she has never visited a store in Town based on an A-Frame sign that she saw. She expressed opposition to the expansion of A-Frame signs and a two-year sunset clause. Ms. Koester-Thomas expressed the opinion that the expansion of event banners nullifies the use of the descriptor "event" and does not support the extension allowing banners to be erected for three days per week every week. She also does not support banner use for 14 days per month. She agrees with staff that contractors should not be allowed to use banners instead of hard signs and that any type of neon sign should be denied. She urged the Council to remain steadfast to the value of a master planned community. Michael Miller addressed the Council and said he is the owner of a couple of businesses in Town. He stated that the businesses need as much help as they can get, particularly during tough economic times, and added that signage does make a difference for businesses. z:\council packets\2012\r11-15-12\121101regm.docx Page 9 of 17 Mayor Kavanagh thanked all of the speakers for their comments and declared the public hearing closed at 8:13 p.m. AGENDA ITEM #6 - CONSIDERATION OF ORDINANCE 12-07, A TEXT AMENDMENT TO CHAPTER 1, "DEFINITIONS," AND CHAPTER 6, "SIGN REGULATIONS," OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS. IF ADOPTED, THE AMENDMENTS REVISE LARGE PORTIONS OF THE TOWN'S REGULATIONS REGARDING COMMERCIAL SIGNAGE. CASE #Z2012-01. Councilmember Dickey MOVED to approve the text amendments to Chapter 1, "Definitions," and Chapter 6, "Sign Regulations" of the Zoning Ordinance as presented with the amendments recommended by staff with the following exceptions: 6-08.F Regarding the Contractor Signs and 6-08.P Regarding the Neon Signs as recommended by the Planning & Zoning Commission and Vice Mayor Leger SECONDED the motion for the purpose of discussion. Councilmember Dickey advised that she had a question about her motion as far as the Neon Signs and asked Mr. Rodgers to clarify whether Neon Signs are still allowed inside. Mr. Rodgers replied that staff recommends that Neon Signs not be allowed at all. He added that the Planning and Zoning Commission's recommendation allows them in windows with any type of message. He said that right now they can have one that says "Open" and one that has their company logo on it and they are limited to six square feet in size. He noted that the change would allow them to display any message. Mayor Kavanagh commented that since the signs are limited in size there really isn't much that can be written on them other than Open or Closed or a restaurant might want to put Bar on one. She said that limiting size also limits text. She added that businesses like neon signs because they can be seen from the road and they let people know if they are open or closed and that might make a difference between someone actually going into the business or not. She stated that she doesn't like it when a business leaves the Open sign on after it has actually closed but personally she doesn't have a problem with the small neon signs because they are limited to a certain sign and are really content neutral. Councilmember Dickey said that she intends to add those back in as recommended. She added that there is nothing in the document about fines and Mr. Rodgers advised that the recommendation is to leave the fines alone. Mayor Kavanagh discussed the A-Frame signs and asked whether staff was going along with the Planning & Zoning Commission's recommendation of three feet back and Mr. Rodgers advised that staff concurs with their recommendation. He said that currently they are not allowed in the right-of-way at all. Mayor Kavanagh advised that she was concerned with some of the businesses because at three feet that would take away their right to have A-Frame signs (Pals Inn, Plaza Fountainside, etc.). She said that if it was just a matter of making it consistent (because of balloons) she would rather see the A -Frames stay as they are at one foot rather than going to three feet. Councilmember Hansen commented that one of the reasons why they have been working on this is to try and help the businesses be in compliance for the very reasons discussed by the Mayor. She stated that she feels ver y firmly about the one-foot requirement because the businesses need flexibility. Councilmember Yates said that this is the third time he has served on a sign Committee and in his line of business it is inevitable that he gets asked "Is Fountain Hills really that difficult to deal with?" He stated that he laughs and shakes it off and tells them that the Town is not difficult to deal with -- it is an excellent town to do business with -- but unfortunately the perception still exists. He reported that a lar ge percentage of every dollar is being spent over the hill these days and the numbers are too significant to ignore. He discussed the enforcement issue and a compliance issue and said that the Town has not been enforcing laws because they have z:\council packets\2012\r11-15-12\121101regm.docx Page 10 of 17 been trying to help businesses get through the tough times. He stated that he is more apt to lean towards the side of leniency with compliance and enforcement. He said that with a dark sky ordinance and trying to promote at night it is extremely difficult to see that places are open. He added that with the exception of Section 6-08.F - Contractor Signs, even though he is contractor, he would go with the Committee's recommendations in every single instance. He noted that what he likes about the sunset clause is tha t it gives the businesses and the Town two years to see how it works. Councilmember Yates confirmed that that is an amendment to the motion. Mr. McGuire advised that there is a motion and a second on the floor (the main motion). Councilmember Yates withdrew his amendment. Mayor Kavanagh said if they are talking about three feet back for A -Frame signs, what about real estate signs and Mr. Rodgers responded that the regulations for all of those types of signs would be consistent (garage sale, A-Frame, etc.). The Mayor commented that she can see that being a problem with the real estate people because they have to put out directional signs. She further questioned whether with the A-Frames they allow someone who has two frontages to have two signs and Mr. Rogers advised that that is the recommendation supported by both Planning & Zoning and staff. Mayor Kavanagh said that the Committee recommended that the signs could sta y out from 6:00 a.m. until Midnight and Mr. Rodgers clarified that right now they can stay out from 7:00 a.m. to 9:00 p.m. The Mayor said that is another issue and asked if anyone would like to comment on the hours. Vice Mayor Leger stated that he appreciates the work that the Committee has done and emphasized the importance of finding a balance between business interests and residents' interests. He added that he was somewhat disappointed that there was so little representation from the residents. He indicated that he would like to support the proposal before the Council but now they are getting down to points that he feels are "really pushing the envelope." He added that as an elected official at the end of the day he has to ask himself , “Is the community friendly?” He noted that they create their own perception and as business owners if they continue to telegraph the fact that the Town is not business friendly that does not help them. He referred to the different signage that they are considering and said the options are numerous and there are a lot of opportunities. He said that they have electronic signs but they are not electronic message signs and they are very tastefully done. He stated that they need to look at something that is community friendly and he thinks that what they have in front of them is exactly that. He expressed the opinion that it is more heavily weighted in favor of businesses. He further stated that the one item that goes too far for him and for residents, because he has heard from many, are the electronic message boards. He added that he would support electronic message boards if they got rid of everything else. He advised that it has been said that it is not a level playing field because churches and schools have electronic message signs and his concern, which many residents have expressed, would be the proliferation of such signs. He reported that currently the Town has 216 retail establishments versus twelve churches and schools so there is a significant difference right there. He noted that all of those businesses have the opportunity to utilize A-Frame signs but he has a hard time when he thinks about all of them having electronic message boards. He stated the opinion that the proposal provides businesses with a significant number of advertising tools but when it comes to electronic message boards he believes it goes too far. Councilmember Brown stated that he also sat in on first Sign Committee and the biggest problem then was compliance and that is still the problem and without enforcement over the last 18 months it is as good as it can be. He added that when they do have some enforcement and they do clean up violations such as the garage signs and other non-compliance issues that were brought up earlier in the meeting and truly make them abide by the ordinance Fountain Hills will be okay. He said that he will support the motion but he is going to be an advocate for bringing on another enforcement person to go out and clean up the violations because enforcement is still the problem. He added that the signs being one foot off the curb, three feet off the pavement will be the better solution. He further stated that he shares Vice Mayor Leger's concern but he works it through by saying if the Town has not had enforcement for 18 months he doesn't think it will get that bad and he doesn't think they z:\council packets\2012\r11-15-12\121101regm.docx Page 11 of 17 will see that many more electronic signs. He said as far as the one that is non-conforming and has no permit that one should be stored away and the owner should start all over by getting a permit but they can't do that. He added that he disagrees with non-conforming non-complying signs because they are criminal and in violation of the law. He stated that he will support the recommendations but he will be a strong advocate for enforcement of the ordinance. Mayor Kavanagh commented that she believes they need some clarification on the motion as far as distance for A-Frame signs and asked if they want to withdraw it and put another one together as they go along. Councilmember Dickey advised that the motion that she made is basically what staff is recommending -- no electronics, three feet but she is okay with the one foot -- with the exception of the contractor signs and the neon signs. Mr. McGuire stated that the one foot versus the three feet would require an amendment. Councilmember Brown commented that he thought the motion was to approve what the Planning & Zoning Commission had recommended and requested clarification. The Mayor attempted to clarify the motion and what it includes and does not include and Councilmember Yates suggested that they go item by item. He said that he hates to make more work but it is getting confusing and they want to make sure they have it right in everyone's mind. Mr. McGuire advised that the way to do that is with the main motion on the floor make individual motions that adopt differences to that main motion and he provided an example. Councilmember Dickey stated that she did not think her motion would be supported so she WITHDREW her motion. Councilmember Yates MOVED to accept the ordinance as written and revised by the Sign Committee and Councilmember Hansen SECONDED the motion. Ms. Bender advised that one citizen has submitted a speaker card. Linda Bordow addressed the Council and said that she agrees with Councilmember Yates' suggestion that they go through the items one-by-one. She stated that she thinks what everyone wants is what the Committee put forth not what Planning & Zoning or staff has suggested. Councilmember Yates stated the following: Section 6.08.B. A-Frame Signs - One foot. He asked if they wanted to address the hours. Mayor Kavanagh noted that the Committee recommended that the hours be 6:00 a.m. until Midnight. Councilmember Dickey stated that her preference would be to go with what Planning & Zoning and Staff recommended, 7:00 a.m. until 9:00 p.m. Mayor Kavanagh asked if that would be an amendment to Councilmember Yates' motion. Councilmember Dickey moved to AMEND the motion to support the Planning & Zoning Commission's and Staff's recommendation relative to allowing A-Frame signs to be erected from 7:00 p.m. until 9:00 p.m. and Councilmember Brown SECONDED the motion. z:\council packets\2012\r11-15-12\121101regm.docx Page 12 of 17 A roll call vote was taken with the following results: Councilmember Hansen Nay Vice Mayor Leger Aye Councilmember Dickey Aye Councilmember Yates Nay Councilmember Elkie Absent Councilmember Brown Aye Mayor Kavanagh Aye The amendment CARRIED by majority vote of those present (4-2) with Councilmembers Hansen and Yates voting Nay. Councilmember Yates referred to Section 6.08.F - Contractor Signs. It was brought to Councilmember Yates attention that they still have to talk about the Sunset provision (whether it is one or two years). He said that it is two years. Councilmember Dickey said she would like to read something that was in The Times and then make an amendment to keep it at one year. She read the article and said that she would like to keep it at one year at this point in time and said she believes that is a pretty good time frame given the history of non -compliance in the Town. Councilmember Dickey MOVED to amend the motion to change the two-year extension to a one-year extension and Councilmember Brown SECONDED the motion. Mayor Kavanagh commented that she knows some of the reasons why the business people would like the term to be two years including the fact that banners and A-Frame signs are very expensive so the businesses have to invest in them. She added that they would like to know that if they invest the money in purchasing these items , that they will at least get to use them for two years as long as they do them right and comply with the regulations. She said that she doesn't like to penalize the good businesses just because of the ones that are violating so if they make it for two years, and aggressively go after the violators, and allow the law-abiding businesses to have them for two years, she doesn't see that as a problem. She stated that she believes they can handle non-compliance so she indicated that she would not support that amendment. A roll call vote was taken with the following results: Councilmember Dickey Aye Councilmember Brown Aye Vice Mayor Leger Aye Councilmember Elkie Absent Councilmember Yates Nay Councilmember Hansen Nay Mayor Kavanagh Nay The motion FAILED for lack of a majority vote of those present (3-3). Councilmember Yates moved on to 6.08.D - Event Banners and said that the motion on the floor is to accept the recommendation of the Committee. Mr. Rodgers clarified that the Committee recommended 14 days per month with the additional requirement that such displays must be in 7-consecutive day increments at a minimum. Discussion ensued relative to the Committee's recommendation and the fact that the Staff Report contains incorrect information. z:\council packets\2012\r11-15-12\121101regm.docx Page 13 of 17 Councilmember Yates reiterated that the motion is to accept the recommendation of the Committee. Councilmember Dickey asked what enforcement and compliance issues that would raise and Mr. Rodgers responded that since the Temporary Use Permits have been eliminated they are now talking about over -the- counter permits that will be issued by staff so when a business wants to hold these even ts they would present the dates and times so staff will be aware of them. Councilmember Dickey questioned what the chances are of being able to enforce this and Councilmember Brown reiterated that he plans on being an advocate for bringing on another Comp liance Officer because he wants to go with strict enforcement. He said that perhaps they will be able to have someone on the streets on the weekends instead of just during a four-day work week. He added that if they are going to do all of this then they need to make sure it will be enforced. He stated that he doesn't think there is any way to enforce it. Councilmember Dickey MOVED to amend the motion to be seven consecutive days per month. The motion FAILED for lack of a second. Mr. Rodgers noted that the current ordinance allows for 14 days and the Committee as well as the Planning & Zoning Commission has recommended 30 days for grand opening banners. He asked if the Council was going to keep the Sunset clause for banners the same as the A-Frames. It was the consensus of the Council to support the Committee's recommendation and leave the Sunset clause the same. Councilmember Yates moved on to 6.08.F - Contractor Signs and advised that the Committee's recommendation is to allow contractors to put up a banner instead of a hard sign when they are working on a site. Mayor Kavanagh advised that she doesn't have any problem with this. Councilmember Brown commented that for commercial job sites, and the Town doesn't have very many of those left, he feels that banners are warranted. He said that he doesn't think that they are warranted for residential job sites. He asked if wind screens with company logos and names on them would be considered a sign and Mr. Rodgers responded yes they would. Councilmember Brown stated that then he would have to say that that is taking the contractors off the chart and they should allow that (banner signs for contractors). He added that they are good for every other business so why not for contractors. There were no objections so the Committee's recommendation on Contractor Signs stands. Councilmember Yates discussed 6.08.P - Neon Signs and explained that the section has been amended so that neon signs are permitted for any type of message rather than as just signs that say "OPEN" or have company logos. Mr. Rodgers pointed out that the Planning & Zoning Commission also agreed with the Committee's recommendation. There were no objections so the Committee's recommendation stands. Councilmember Yates moved on to 6.08.CC - Electronic Message Signs (New Section) and advised that the Committee recommended that Electronic Message Signs be allowed for all commercial or industrial properties in any district. Councilmember Yates stated that he believes this is market driven and expensive. He stated the opinion that they should let the market prevail and let the businesses decide what they are going to use and how they are going to use it. z:\council packets\2012\r11-15-12\121101regm.docx Page 14 of 17 Mayor Kavanagh questioned if they are talking about shopping centers having one or each individual business with regard to messaging signs and Mr. Rodgers replied each individual business. Councilmember Dickey asked if this section had the sunset clause and Mr. Rodgers confirmed it was not proposed. Councilmember Dickey reiterated that this would provide every single business who wants an electronic message sign with changing messages to have one. Councilmember Dickey commented that there were some signs that weren’t that expensive and she pointed out that once allowed, they could not take this part back. Councilmember Yates said to keep in mind that there were some setback requirements and some other things of that nature involved and if a business is a tenant, they are going to have to obtain permission from the owner of the property. Vice Mayor Leger MOVED to amend the motion and not allow Electronic Message Signs and Councilmember Dickey SECONDED the motion. The Vice Mayor advised that as with any policy, once you allow it it is fair game. He said that he is not opposed to electronic signs but he does have concerns about the volume and concentration of them. He noted that every business can have one. He added that they allow large shopping centers to erect monument signs. He added that this is a bridge too far for him and cautioned against becoming "Vegas Hills" with electronic signs all up and down Saguaro Boulevard. In response to a request from the Mayor, Mr. Rodgers clarified the restrictions on Electronic Message Signs as follows: * Must be on-site * May not resemble traffic signals * Flashing or changing text or graphic must stop at 10:00 p.m. * To reduce night-time glare, after 10:00 p.m. the background colors must be darker than the text Mr. Rodgers also confirmed that they cannot be placed in the right-of-way. Vice Mayor Leger advised that they know they have a non-complying electronic sign in Fountain Hills and a tremendous amount of complaints have been received from residents about it. He stated that Councilmember Brown is saying that the Town is going to enhance enforcement and compliance like never before and asked how they are going to monitor all of this and make sure people are in compliance. He noted that the current enforcement staff is inundated now with what he would consider to be mo re important issues. He discussed all of the expenses that the Town is looking at and added that they have cut stuff and probably will continue to cut staff and asked what the cost of adding another Code Enforcement Officer would be. Town Manager Ken Buchanan advised that it would cost approximately $50,000 a year including benefits. The Mayor called for a vote on the amendment to the motion. A roll call vote was taken with the following results: Councilmember Hansen Nay Vice Mayor Leger Aye Councilmember Dickey Aye Councilmember Yates Nay Councilmember Elkie Absent Councilmember Brown Nay Mayor Kavanagh Nay The amendment to the motion FAILED by majority vote of those present (4-2) with Vice Mayor Leger and Councilmember Dickey voting Aye. z:\council packets\2012\r11-15-12\121101regm.docx Page 15 of 17 Councilmember Yates discussed 6.08.FF - Sign Walkers. There were no objections to this item. Vice Mayor Leger asked if the Council needed to vote on Sunsetting and noted that the Council has just approved Electronic Message Boards forever and there is no stepping back from it. Mr. McGuire advised that that would have to be a separate motion to include that language. The Vice Mayor stated that the signs are expensive and if someone puts them in at a cost of $10,000 or so, he is not going to ask them to take it down so forget he brought it up. Mayor Kavanagh requested that the Council vote on the main motion now. Councilmember Dickey stated that the way this was brought to them the first time was something that she thought she could support and even that was quite a compromise. She added that this has nothing to do with wanting businesses to come to Fountain Hills but she is also a consumer and has lived in Town a long time and she knows why she shops places and why she goes to places (some that she always returns to) and said that it doesn't have anything to do with whether the business has an A-Frame sign or a balloon. She stated that she was coming pretty much more than half way towards supporting the proposal but she now, unfortunately, cannot support it. She noted that obviously it will pass and that she hopes that doesn't translate into some of the rhetoric they heard because that is not what it is about. Vice Mayor Leger said that he thinks he has made his position perfectly clear. He added that this ordinance moved very much to address the interests of the business community as it should. He noted that he has made it perfectly clear that he would not support Electronic Message Boards. He stated that he cannot support the motion and it will be unfortunate if anyone takes that as being business unfriendly because that is certainly not the case. He advised that he has seen other small communities become proliferated with electronic signage and it is a very strong concern for him. He also expressed concern relative to the fact that the citizens have not had a voice in all of this. He said that he knows cit izens who went to the meetings but the meetings were so contentious those citizens didn't want to go back. He reiterated that he cannot support this and he thinks it is very clear why. He pointed out that he supported 90% of the proposal but said that electronic signs was going too far. Mayor Kavanagh thanked the Committee for all of the hard work they have put into this proposal over the last one and a half years. She said that this makes the regulations very easy for the business community so there won't be any reason for them to say, "I didn't understand the ordinance and that is why I didn't comply." She added that she agrees with Councilmember Brown and once this is passed, enforcement begins and she pointed out that whatever they have to do to ensure compliance, they will do. She noted that there hasn't been enforcement over the last 18 months and as Councilmember Brown said it's not that bad, it could have been worse, but now their job, if this does pass, is to do the enforcement. She added that she is sure that with the help of the Chamber of Commerce and the Business Alliance they can start doing some education on this to make it very clear to the business community what the new rules are and work towards compliance. A roll call vote was taken on the motion as amended with the following results: Councilmember Brown Aye Vice Mayor Leger Nay Councilmember Yates Aye Councilmember Hansen Aye Councilmember Dickey Nay Councilmember Elkie Absent Mayor Kavanagh Aye The motion CARRIED by majority vote of those present (4-2). z:\council packets\2012\r11-15-12\121101regm.docx Page 16 of 17 Mayor Kavanagh thanked Mr. Rogers for his input this evening. AGENDA ITEM #7 - PUBLIC HEARING RELATING TO ORDINANCE 12-05, AN AMENDMENT TO THE ZONING ORDINANCE TO AMEND CHAPTERS 12, 16 AND 18. IF ADOPTED, THE AMENDMENTS WOULD REVISE THEIR PERMITTED USE SECTIONS TO ALLOW ALL RESTAURANTS TO HAVE OUTDOOR SEATING AREAS IN COMMERCIAL OR LODGING ZONING DISTRICTS. THE AMENDMENT WOULD ALSO ELIMINATE THE REQUIREMENT THAT OUTDOOR SEATING AREAS BE FENCED IF NO ALCOHOL IS SERVED AND THERE ARE NO PUBLIC SAFETY ISSUES. CASE NUMBER Z2012-04. Mayor Kavanagh declared the public hearing open at 9:08 p.m. Mayor Kavanagh advised that public comment will be taken for Agenda Items #7 and #8 during Agenda Item #7. Senior Planner Bob Rodgers addressed the Council relative to this agenda item and said that staff received a lot of inquires from local restaurants about whether or not they could create outdoor seating areas for the customers to use during the cooler months. He advised that currently the CCCD district in downtown is the only district that allows non-enclosed outdoor seating areas and all the other commercial districts require outdoor seating areas to be enclosed. He noted that this includes most of the downtown, which is zoned C-2. He added that other districts, including the Lodging District, also have requirements for Special Use Permits. He advised that this ordinance amendment would allow restaurants in the Commercial and Lodging Districts to have o utdoor seating areas for their customers without requiring an enclosed patio or obtaining a Special Use Permit. He added that the amendment also applies to establishments that serve alcoholic beverages subject to the businesses' State Liquor License also allowing them to not enclose the patio. He said that there is a safety review required prior to installation and in cases where public safety might be compromised and in those instances the Town will still require the seating area to be fenced or otherwise protected. He reported that ADA requirements will not be affected. He noted that the Planning & Zoning Commission has recommended approval subject to further amending the proposal so as to keep the Special Use Permit for the outdoor seating areas within the C-C and C-1 Districts. He said that this recommendation was made due to the definitions in those two districts which note that particular attention should be paid to the interests between commercial and professional and residential uses within the same neighborhood. He reported that staff does not agree that these districts present any greater difficulties with their proximity to residential uses and the other commercial districts in Town. He stated that staff recommends that the Council approve the amendment to the zoning ordinance without the additional recommendation regarding the C-C and C-1 by the Planning and Zoning Commission. Mayor Kavanagh thanked Mr. Rodgers for his presentation. Ms. Bender advised that two speaker cards have been submitted. Shawn White said that he did not speak but indicated support for the proposal. Frank Ferrara addressed the Council and said that the Chamber of Commerce supports this proposal. He discussed how nice it is to have outdoor seating at restaurants particularly during the cooler months and said that both the businesses and the patrons will benefit from this change. Mayor Kavanagh thanked the speakers for their comments and declared the public hearing closed at 9:14 p.m. AGENDA ITEM #8 - CONSIDERATION OF ORDINANCE 12-05, AN AMENDMENT TO THE ZONING ORDINANCE TO AMEND CHAPTERS 12, 16 AND 18. IF ADOPTED, THE AMENDMENTS WOULD REVISE THEIR PERMITTED USE SECTIONS TO ALLOW ALL RESTAURANTS TO HAVE OUTDOOR SEATING AREAS IN COMMERCIAL OR LODGING ZONING DISTRICTS. THE AMENDMENT WOULD ALSO ELIMINATE THE REQUIREMENT THAT OUTDOOR SEATING AREAS BE FENCED IF NO ALCOHOL IS SERVED AND THERE ARE NO PUBLIC SAFETY ISSUES. CASE NUMBER Z2012-04. z:\council packets\2012\r11-15-12\121101regm.docx Page 17 of 17 Councilmember Dickey MOVED to approve the proposed text amendment to Chapters 12, 16 and 18 of the Zoning Ordinance relating to restaurant outdoor seating areas as recommended by staff and Councilmember Yates SECONDED the motion, which CARRIED UNANIMOUSLY (6-0) by those present. AGENDA ITEM #9 – COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER KEN BUCHANAN. ITEMS LISTED BELOW ARE RELATED ONLY TO THE PROPRIETY OF (i) PLACING SUCH ITEMS ON A FUTURE AGENDA FOR ACTION OR (ii) DIRECTING STAFF TO CONDUCT FURTHER RESEARCH AND REPORT BACK TO THE COUNCIL: A. NONE. Mr. Buchanan advised that staff will look into the situation regarding the two parked cars that was brought up earlier and staff will start enforcing the Sign Code in December. AGENDA ITEM #10 – SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE TOWN MANAGER KEN BUCHANAN. None. AGENDA ITEM #11 – ADJOURNMENT. Councilmember Yates MOVED that the Council adjourn the meeting and Councilmember Dickey SECONDED the motion, which CARRIED UNANIMOUSLY by those present (6-0). The meeting adjourned at 9:15 p.m. TOWN OF FOUNTAIN HILLS By_____________________________ Mayor Linda M. Kavanagh ATTEST AND PREPARED BY: ______________________________ Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special and Regular Sessions held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 1st day of November 2012. I further certify that the meetings were duly called and that a quorum was present at each meeting. Dated this 15th day of November 2012. _____________________________ Bevelyn J. Bender, Town Clerk