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Home My WebLink About1993.0819.TCRMminutesTOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 19, 1993 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, August 19, 1993, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building C, Fountain Hills, Arizona ROLL CALL - Following the pledge to the flag and the invocation by Councilman Lawrence, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, and Councilmembers Peg Tibbetts, Wally Hudson, Don Lawrence, and Frank Clark. Vice Mayor O'Brien and Councilman Minarsich was absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson, and Administrative Assistant Marcia Jewett. Mayor Cutillo read the consent agenda items which included: AGENDA ITEM #2. - ACCEPTANCE OF THE MEETING MINUTES OF AUGUST 5 AND 16, 1993. AGENDA ITEM 43. - CONSIDERATION OF RESOLUTION 1993-29, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED ALONG THE REAR LOT LINE OF LOT 7, BLOCK 5, OF PLAT 603-B FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA; AND DECLARING AN EMERGENCY. Mayor Cutillo said the emergency clause for this agenda item had been removed. AGENDA ITEM #4. - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE SUNSET KIWANIS FOR A DUATHLON TO BE HELD ON SUNDAY, AUGUST 29,1993 FROM 6:00 A.M. TO 10:00 A.M. AGENDA ITEM #5. - CONSIDERATION OF ENTERING INTO AN INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT TO ALLOW THE TOWN OF FOUNTAIN HILLS TO PURCHASE FROM MARICOPA COUNTY CONTRACTS. STATE STATUTES A.R.S.11-952 AND 41-2632 AUTHORIZE GOVERNMENTAL JURISDICTIONS TO ENTER INTO AGREEMENTS FOR COOPERATIVE PROCUREMENT. AGENDA ITEM #6. - CONSIDERATION OF THE AMENDED FINAL PLAT FOR MORNINGSIDE AT LAKESIDE VILLAGE PHASE II: A REPLAT OF THE FINAL PLAT FOR MORNINGSIDE AT LAKESIDE VILLAGE PHASE II. Councilman Hudson MOVED approval of the consent agenda. SECONDED by Councilwoman Tibbetts and CARRIED unanimously. A roll call vote was taken and the results were as follows: Minutes of the Regular Session of the Town Council 08/19/93 Page 1 of 4 Mayor Cutillo aye Councilman Hudson aye Councilman Clark aye Councilwoman Tibbetts aye Councilman Lawrence aye The roll call results were five (5) aye votes to zero (0) nay votes. AGENDA ITEM #7. - TOWN MANAGER'S REPORT: (WITH POSSIBLE DIRECTION FROM THE COUNCIL FOR APPROPRIATE ACTION) #7.A. Presentation of the Parks and Recreation video, 111992/93 Programs in Review", by Arnie Dworkis, Recreation Photographer. Arnie Dworkis presented the Parks and Recreation video. #7.B. Consideration of Resolution 1993-30, pertaining to air quality and a special legislative session request. Mr. Nordin said the task force was established to determine what could be done to improve air quality and recommended passage of this resolution. Only the state legislature had the responsibility and the power to improve air quality in the Greater Metro Phoenix area. The resolution would request Governor Symington to call a special session of the state legislature to address the problem. Councilman Hudson asked what could be passed to improve air quality and Mr. Nordin said regulations regarding fuels, increased regulations regarding truck/diesel emissions, and emphasis on ride share programs as well as implementing a program to purchase old cars. Councilman Hudson MOVED adoption of the resolution. SECONDED by Councilman Clark. Councilman Lawrence asked why a special session would be called as opposed to discussion at the next regular session and Mr. Nordin said there were some Federal deadlines that would need to be met. The motion CARRIED unanimously. Mayor Cutillo called a recess to the regular session at approximately 6:42 p.m. and declared the public hearing open. AGENDA ITEM #8. _ - PUBLIC HEARING ON ORDINANCE 93-16. AMENDING "THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS" AND AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT ARTICLE XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF 96.9 ACRE AREA LOCATED EAST OF GOLDEN EAGLE BOULEVARD, NORTH OF BAINBRIDGE AVENUE, WEST OF THE LOTS FRONTING THE WESTERN SIDE OF GLENBROOK DRIVE, BLACKBIRD DRIVE AND TEPEE DRIVE, AND SOUTH OF THE LOTS FRONTING THE SOUTHERN SIDE OF JAMAICA LANE AND OVERLOOK COURT, IN THE AREA TO BE KNOWN AS GOLDEN EAGLE ESTATES: FROM "R1-35 RESIDENTIAL UNIT PLANNED DEVELOPMENT #Z91-004" TO "R1-35 RESIDENTIAL UNIT PLANNED DEVELOPMENT #593-06/Z93- 0711. Mayor Cutillo asked for those to speak in favor of or opposition to this ordinance. No one came forward. Mayor Cutillo closed the public hearing at approximately 6:43 p.m. and reconvened the regular session. _AGENDA ITEM #9. - CONSIDERATION OF ORDINANCE 93-16, AMENDING "THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS" AND AMENDING THE OFFICIAL ZONING DISTRICT MAPS OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT ARTICLE XXXI OF Minutes of the Regular Session of the Town Council 08/19/93 Page 2 of 4 THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CHANGE THE ZONING DISTRICT CLASSIFICATION OF 96.9 ACRE AREA LOCATED EAST OF GOLDEN EAGLE BOULEVARD, NORTH OF BAINBRIDGE AVENUE, WEST OF THE LOTS FRONTING THE WESTERN SIDE OF GLENBROOK DRIVE, BLACKBIRD DRIVE AND TEPEE DRIVE, AND SOUTH OF THE LOTS FRONTING THE SOUTHERN SIDE OF JAMAICA LANE AND OVERLOOK COURT, IN THE AREA TO BE KNOWN AS GOLDEN EAGLE ESTATES; FROM "R1-35 RESIDENTIAL UNIT PLANNED DEVELOPMENT #Z91-004" TO "R1-35 RESIDENTIAL UNIT PLANNED DEVELOPMENT #593-06/Z93- 07". Mr. Jeppson asked if there would be discussion on the sidewalks. Mr. Nordin said he intended to discuss the sidewalk issue in agenda item #10. Councilman Hudson MOVED adoption of Ordinance 93-16. SECONDED by Councilman Clark and CARRIED unanimously. AGENDA ITEM #10. - CONSIDERATION OF THE FINAL PLAT FOR GOLDEN EAGLE ESTATES; A RESUBDIVISION OF LOT 35, BLOCK 2, AND LOTS 16 AND 17, BLOCK 4, AND PARCEL "F" FOUNTAIN HILLS, ARIZONA FINAL PLAT NO. 505-A (CASE S93-06/Z93-07). Mr. Nordin said this was an excellent subdivision proposal which would reduce the land disturbance by approximately 75% from what was previously platted for the area. Approval of the final plat with a deletion of 700' of the northern sidewalk along Boulder Boulevard was being recommended. Councilman Hudson asked if staff was working on a standard policy for sidewalks. Mr. Nordin said he and Ray Baldwin from MCO were working on the policy to develop a comprehensive sidewalk plan. Councilman Clark asked if there was a timetable for completion of the policy and Mr. Nordin said no due date had been set to present it to the Council but it would be brought back in an expeditious manner. Mayor Cutillo said not all staff felt it should be a standard policy but rather dealt with on a case by case basis. Councilwoman Tibbetts felt the policy should be flexible as each individual area would have a different housing product, different location and safety requirements. Councilman Clark said it would be difficult to control sidewalks within subdivisions. He felt a plan for the major arteries which would include walking paths should first be put in place. Councilman Lawrence felt a policy should be in place so as to remove any appearance of favoritism and inconsistency for other developments. Councilman Hudson MOVED approval of the final plat of Golden Eagle Estates subdivision Lot 35, Block 2, with the provision that the 700' of sidewalk on Boulder would be deleted. SECONDED by Councilwoman Tibbetts. Councilman Clark asked if the motion was recommended by the Planning and Zoning Commission and by staff. Mr. Nordin said it was, with the exception of the sidewalk. Mr. Harrel, Town Engineer, said staff requested to include in the motion that the approval was contingent upon the approval of the improvement plans by the Town Engineer. Councilman Hudson AMENDED the motion to include the contingency verbiage. The amended motion was SECONDED by Councilwoman Tibbetts and CARRIED unanimously. The original motion CARRIED unanimously. AGENDA ITEM #11. - CONSIDERATION OF THE FINAL PLAT FOR PLAT 511, LOCATED EAST OF CERRO ALTO BETWEEN GOLDEN EAGLE AND SIERRA MADRE. Mayor Cutillo MOVED to approve the final plat of 511 as submitted. SECONDED by Councilman Lawrence. Ms Rauch, Associate Planner, asked that the motion be amended to include that final approval of the improvement plan was contingent upon approval by the Town Engineer. Mayor Cutillo AMENDED the motion to include the contingency verbiage. The amended motion was SECONDED by Councilman Clark and CARRIED unanimously. Councilman Lawrence asked for clarification on the original motion regarding street cutting would not be done for four (4) years. Mr. Harrel said it was stated in the Town Code. The original motion CARRIED unanimously. Minutes of the Regular Session of the Town Council 08/19/93 Page 3 of 4 AGENDA ITEM #12. - CALL TO THE PUBLIC. (PUBLIC COMMENT IS ENCOURAGED BUT PLEASE BE ADVISED THAT THE COUNCIL HAS NO ABILITY TO RESPOND OR DISCUSS MATTERS BROUGHT UP DURING THE CALL TO THE PUBLIC AS SUCH DISCUSSION IS PROHIBITED BY THE ARIZONA OPEN MEETING LAW.) Mayor Cutillo made the call to the public. No one came forward. AGENDA ITEM #13. - ADJOURNMENT. Mayor Cutillo called for a motion to adjourn. Councilman Lawrence made a MOTION to adjourn. SECONDED by Councilman Clark and CARRIED unanimously. The Town Council adjourned at approximately 7:00 p.m. TOWN OF FOUNTAIN HILLS 9 M Cutifio,' Mayor :17!i - ATTEST: &,Q,Q..« '6- Cassie B. Hansen, Town Clerk PREPARED BY: Marcia M. Jewett, Admin. Assis CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Session Meeting held by the Town Council of Fountain Hills on the 19th day of August, 1993. I further certify that the meeting was duly called and that a quorum was present. DATED this any day of September 1993. Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 08/19/93 Page 4 of 4