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HomeMy WebLinkAbout1995.0907.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL %woo SEPTEMBER 7, 1995 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 P.M., Thursday, September 7, 1995, 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 Rev. Dennis Daniel from the First Baptist Church of Fountain Hills,roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Frank Clark, and Councilmembers Don Lawrence,Peg Tibbetts, Wally Hudson, Bill O'Brien and Marianne Wiggishoff. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson, Town Engineer Randy Harrel and Planners Jeff Valder and Geir Sverdrup. AGENDA ITEM #2 - PROCLAMATION PRESENTATION TO SANDY MARTIN HONORING HER HUSBAND, OFFICER BOB MARTIN, FOR HIS YEARS OF DEDICATED SERVICE TO THE DEPARTMENT OF PUBLIC SAFETY AND THE CITIZENS OF FOUNTAIN HILLS. Mayor Cutillo introduced Mrs. Sandy Martin, wife of slain DPS Officer Bob Martin, and presented her with a proclamation in honor of her husband's law enforcement service to the Town of Fountain Hills. Bob Burns, from the Fountain Hills Times,presented Mrs.Martin with articles and pictures he had found about her husband from prior issues of the newspaper. Mayor Cutillo read the Consent Agenda which consisted of the following agenda items: AGENDA ITEM #3 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF AUGUST 17, 1995. AGENDA ITEM#4 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY BOB VOGEL FOR THE SUNSET KIWANIS DUATHLON TO BE HELD ON SUNDAY,SEPTEMBER 17, 1995 FROM 6:00 A.M.TO 10:00 A.M. NO STREET CLOSURES WILL BE REQUIRED. AGENDA ITEM#5-CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY NANCY LAMB FOR A "WHEELS FOR LIFE" BIKE-A-THON FOR THE ST.JUDE'S CHILDREN RESEARCH HOSPITAL. THE EVENT IS SCHEDULED FOR SATURDAY, SEPTEMBER 30, 1995 FROM 8;00 A.M. TO 12:00 NOON. NO STREET CLOSURES WILL BE REQUIRED. AGENDA ITEM #6 - CONSIDERATION OF THE CASH PAYMENT COMMITMENT FROM MCO PROPERTIES FOR FUTURE DRAINAGE IMPROVEMENTS FOR LAKEVIEW CENTER. AGENDA ITEM #7 - CONSIDERATION OF THE CASH PAYMENT COMMITMENT FROM MCO PROPERTIES FOR FUTURE DRAINAGE IMPROVEMENTS FOR PLAT 516. AGENDA ITEM#8-CONSIDERATION OF RESOLUTION 1995-54,ABANDONING WHATEVER RIGHT, TITLE,OR INTEREST IT HAS IN A PORTION OF THE CERTAIN DRAINAGE AND PUBLIC UTILITY Minutes of the Regular Session of the Town Council 09/07/95 Page 1 of 12 EASEMENT ALONG THE WESTERLY AND NORTHERLY LOT LINES OF LOT 13B, BLOCK 1, OF PLAT 401A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 155 OF MAPS, PAGE 11, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM #9 - CONSIDERATION OF ACCEPTING THE RIGHT-OF-WAY DONATION FROM MCO PROPERTIES FOR THE ASHBROOK WASH BOX CULVERT CONSTRUCTION. AGENDA ITEM #10 - CONSIDERATION OF THE FINAL PLAT FOR LOT 3, BLOCK 1, FINAL PLAT 601A FOR LAS CASAS BONITAS CONDOMINIUMS LOCATED AT 16044 EAST SUNFLOWER DRIVE; CASE#595-074. AGENDA ITEM#11 - CONSIDERATION OF THE FINAL PLAT FOR LOT 3, BLOCK 5, FINAL PLAT 102 FOR FOUR PEAKS A CONDOMINIUM II LOCATED AT 13617 N.HAMILTON DRIVE; CASE#S95- 072. AGENDA ITEM#12- CONSIDERATION OF THE FINAL PLAT FOR LOT 15, BLOCK 5, FINAL PLAT 102 FOR FOUR PEAKS A CONDOMINIUM III LOCATED AT 13644 N.SAGUARO DRIVE; CASE#595- 073. AGENDA ITEM#13 - CONSIDERATION OF THE REPLAT OF LOT 18, BLOCK 15, FINAL PLAT 104 TO SPLIT LOT 18 INTO TWO PARCELS, 18 A 8,051.94 SQUARE FOOT PARCEL AND 19 A 8,021.16 SQUARE FOOT PARCEL, LOCATED 14218 SAGUARO BOULEVARD; CASE#595-075. AGENDA ITEM#14-CONSIDERATION OF THE FINAL PLAT FOR EAGLE MOUNTAIN PARCEL#5, A 39 LOT SUBDIVISION LOCATED IN THE NORTHWESTERN PORTION OF THE EAGLE MOUNTAIN DEVELOPMENT ON 35.94 ACRES. S95-035 AGENDA ITEM#15-CONSIDERATION OF THE FINAL PLAT FOR EAGLE MOUNTAIN PARCEL#9, 01161., A 34 LOT SUBDIVISION LOCATED IN THE CENTRAL PORTION OF THE EAGLE MOUNTAIN DEVELOPMENT ON 10.9 ACRES. S94-117 AGENDA ITEM#16 - CONSIDERATION OF ORDINANCE 95-41, CORRECTING THE REFERENCES MADE TO SPECIFIC LOTS IN ORDINANCE 92-07 TO REFLECT THE CHANGE IN LOT NUMBERS MADE IN ORDINANCE 92-07 TO THE ACTUAL LOT NUMBERS IN FINAL PLAT 415. AGENDA ITEM#17- CONSIDERATION OF AWARDING THE BID FOR THE LANDSCAPE ANNUAL CONTRACT ENG 95-005. AGENDA ITEM#18-CONSIDERATION OF RESOLUTION 1995-56,AUTHORIZING AND DIRECTING THE MAYOR AND TOWN CLERK TO EXECUTE AN AGREEMENT WITH THE ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR THE TOWN'S PARTICIPATION IN THE MEDIA ALERT SYSTEM; AND DECLARING AN EMERGENCY. AGENDA ITEM#19-CONSIDERATION OF APPROVING THE REVISED MEMBERSHIP AGREEMENT, AND THE BY-LAWS AND COVERAGE AGREEMENTS PROPOSED BY THE ARIZONA MUNICIPAL RISK RETENTION POOL. AGENDA ITEM #20 - CONSIDERATION OF RENEWING THE THREE YEAR CONTRACT WITH CRONSTROM & TRBOVICH, P.C. FOR AUDITING SERVICES FOR THE TOWN OF FOUNTAIN HILLS. AGENDA ITEM#21-CONSIDERATION OF APPROVING THE STATUS REPORT DATED SEPTEMBER Minutes of the Regular Session of the Town Council 09/07/95 Page 2 of 12 7, 1995,CONCERNING THE TOWN OF FOUNTAIN HILLS' COMPLIANCE WITH THE PROVISIONS OF HOUSE BILL 2229 ENACTING NEW REQUIREMENTS FOR LAND DEVELOPMENT; AND AUTHORIZING THE MAYOR, ON BEHALF OF THE TOWN COUNCIL, TO INFORM THE b-•. LEGISLATURE OF FOUNTAIN HILLS' COMPLIANCE WITH SAID PROVISIONS. Councilman Lawrence MOVED to approve the Consent Agenda as presented. Councilwoman Tibbetts SECONDED the motion. A roll call vote was taken with the following results: Councilwoman Wiggishoff Aye Vice Mayor Clark Aye Councilman Lawrence Aye Mayor Cutillo Aye Councilman O'Brien Aye Councilwoman Tibbetts Aye Councilman Hudson Aye The motion CARRIED unanimously. Due to the number of interested citizens in attendance, Mayor Cutillo moved ahead to Agenda Item 25. AGENDA ITEM #25 - CONSIDERATION OF ORDINANCE 95-38, AMENDING THE TOWN CODE CHAPTER 7 BUILDINGS AND BUILDING REGULATIONS BY ADDING A NEW ARTICLE 7-6,HOURS FOR CONSTRUCTION WORK AND NOISE REGULATIONS DURING CONSTRUCTION. Town Manager Paul Nordin presented comparative data from 13 towns and cities that regulated construction start-up and stopping times as well as construction noise levels. He reviewed a summary of 92 complaints which occurred during the period of 1990-1995 concerning early construction activities and noise disturbances. Because there was presently no ordinance regarding construction noises or start-up times in the Town Code,the Marshal's Department had informed complainants there was nothing further the Marshal's Department could do other than to log citizens' complaints. He stated that self-policing efforts by the contractors' association had not effectively eliminated complaints and that an ordinance would present the Marshal's Department with an opportunity to discuss complaints with offenders. Town Attorney Bill Farrell reviewed four ordinance drafts he had prepared and explained the likenesses and differences between drafts. He said Ordinance 95-38 was prepared after a meeting with contractors but further revisions were suggested. It regulated activities from February 1st to October 31st, termed as the summer period, (seven workdays per week)to commence at 6:00 AM and during the winter months from November 1st to January 31st construction activities could begin at 7:00 AM. Perishable construction activities such as concrete flatwork, delivery of live landscape materials and pre-treatment pest control procedures were allowed at any time. No noises louder than 70 dba could occur before 6:00 AM unless it was an emergency. The second draft,Ordinance 95-38A, revised the workday definition to include Monday thru Friday, the period of 5/1-9/30 could begin construction activities at 5:00 AM, the periods of 10/1-11/15 and 2/1-4/30 allowed construction start-up times of 6:00 AM,and the winter period of 11/15 to 1/31 would allow 7:00 AM start-up times. The perishable construction clause would allow starting at any time Notsea louder than 71 dba would only be allowed after bO during an'emergency. Ordinance 95-38B,the third draft,widened the summer period from 2/1 to 10/31 and provided 6:00 AM as the start- up time, Saturdays, Sundays and holidays were allowed a start time of 8:00 AM and perishable activity would be allowed at 5:00 AM during the summer period and 6:00 AM during the winter months. The noise provision was taken out entirely. The fourth draft, Ordinance 95-38C was similar to 95-38A with the same start times, the same Saturday-Sunday-holiday start times and the same perishable construction activity at any time, however the noise provisions were changed to match the start times and the noise exceptions were expanded to cover both permitted noise and exception noises. Minutes of the Regular Session of the Town Council 09/07/95 Page 3 of 12 Councilwoman Wiggishoff MOVED to approve Ordinance 95-38B. Councilman Hudson SECONDED the motion. Councilwoman Wiggishoff stated hours of research,meetings,conversations and Councilmembers' viewpoints had .�' resulted in cooperative efforts between residents,the licensed contractor's association and Town staff. She expressed her appreciation to everyone who had assisted in efforts to finalize the ordinance drafts. She stated contractors were very concerned about penalty provisions which made them responsible for actions of their crews but said several warnings would be given before citing violations. She indicated that noise ordinances based only on decibel calculations were hard to enforce by the Marshal's Department. Councilman Lawrence said he was opposed to any ordinance regulating construction activities. He stated it was his opinion government intruded too much into citizens' private lives at the present time; however,if an ordinance was mandated, he would not support Ordinance 95-38B. He said the starting time of 6:00 AM in the summer months was unreasonable, unhealthy and unfair to workers who were trying to work an eight-hour day. The extreme temperatures in the summer months should allow for an earlier start-up time other than 6:00 AM and that government should not force legislation on contractors. Also, he thought perishables should be permitted at any time to allow proper temperatures for delivery of concrete and landscape materials. He stated the extended penalty provision in the draft ordinance was too strict and resulted, after several violations, in a Class 3 misdemeanor which was a criminal offense. He said he could not support any ordinance that would penalize a hard-working person by forcing that person to work in the hot afternoon temperatures. Mayor Cutillo agreed with the opinions of Councilman Lawrence. He admitted that the penalty provisions, as drafted,would automatically make criminals out of construction crew workers after several violations and that even OSHA regulations did not allow dangerous situations such as working in extreme heat. He stated the documented complaints were few in number in comparison to the overall population. He said he preferred no ordinance governing construction noises and times, and if it came to a vote, he would not approve this particular draft. Vice Mayor Clark agreed with Councilman Lawrence regarding the penalty provisions which included criminal convictions. He stated he believed an ordinance was needed but that the drafts presented were not adequate. He Lavy felt the start-up time should be stipulated as 5-6-7 AM as presented in Ordinances 95-38A and 95-38C. He stated the issues of construction noises and start-up times should not be dealt with in the same ordinance but should be handled separately. He agreed that the fourth offense for a noise violation should result in a Class 3 misdemeanor penalty but not violation of start-up time for construction crews. He AMENDED the motion to change the start-up times to the 5:00 AM from 5/1 to 9/30,6:00 AM from 10/1 to 11/15 and 2/1 to 4/30 and 7:00 AM from 11/15 to 1/31 as presented in Ordinance 95-38A and 38C,that start-up times for Saturday,Sunday and holidays be 9:00 AM, that perishables sbeaged-to be permitted at any time and that no noise provisions in this ordinance but handled separately as presented but in another ordinance. Councilman O'Brien SECONDED the amendment. Councilwoman Wiggishoff indicated her support of the concern of construction workers to start at an early hour and recognized.lte inevitability of noise levels created as a result of building construction. She stag that these concerns need to•be balane vutth residents'right to Mace aft0qm$ut then'netghborhood;; She suggested the quality of life in Fountain Hills would be better with an ordinance governing construction times and noises than without it. She stated she felt that trivializing residents' complaints about early morning construction noise was insensitive and inaccurate. She asked if a private company had the right to disturb the:geaee of a e neighborhood in any hour of the day or night in pursuit of economic gain. She suggested the Council be more responsive to the residents' concerns. Time periods before 6:00 AM were the timeframe that most complaints were registered and she said complaints should not be ignored. She indicated that an ordinance containing three different start-up times was awkward and unnecessary. Vice Mayor Clark stated adoption of an ordinance defining start-up times at this time would be the first step to controlling future,specific complaints and that if the ordinance was not strong enough,it could be amended at a later time. He said a fairly restrictive noise ordinance measuring decibel levels should be adopted along with harsh penalties for repeating violators. Marshal Gendler stated decibel noise violations would be difficult to enforce. Minutes of the Regular Session of the Town Council 09/07/95 Page 4 of 12 Councilman O'Brien,in an effort of compromise,AMENDED the amendment to include a revised start-up time of 5:30 AM,rather than the 5:00 AM time,from May 1st to September 30th. Councilwoman Wiggishoff SECONDED the amendment. Councilman Lawrence stated contractors had already compromised enough by being involved with discussions in the drafting of an ordinance. Councilwoman Wiggishoff disagreed,saying that the ordinance as amended merely confirmed;wrest behavior on the part; f the contractors and they comProtn sed.on nothing. Comments from the public included Sharon Hutcheson who supported the 5:30 AM start-up time. John Bercel stated the 5:30 AM start-up time was acceptable for May and September but not the months of June,July or August. Other comments were presented by Dave Pappas;Don Leitzen who objected to contractors being discriminated against and penalized with regulations regarding their starting time; Jo DiMagio favored 4:00 AM or 5:00 AM start up times; Tony Fiano said 4:30 AM was an acceptable start-up time;Margaret Gelinas stated the start-up time noise regulation should apply across the board to every company including trash disposal companies,etc. Terry Diedrick;Fredrica Sinclair was in favor of the 5:30 AM or 6:00 AM; Joseph Myers; Allen Threlfall; Terry Diedrick; Gordon Pittsenbarger who stated that a 5:30 AM starting time was unacceptable; Jerry Harrington who agreed with Councilman Lawrence's statements and Arthur Reischfeld. The Council voted on the amendment to the fast amendment to the motion which revised the starting time to 5:30 AM for 5/1 to 9/30/ The motion FAILED with a 5-2 vote. Councilwoman Wiggishoff and Councilman O'Brien cast the aye votes. Discussion continued regarding the first amendment to the motion with Councilman Lawrence's opposition to the start-up time on Saturdays. He asked Town Attorney Farrell if it was possible to exclude Saturday from the special weekend and holiday classification and Mr.Farrell indicated it could be done. Councilman Lawrence AMENDED the amendment to the motion to exclude Saturday from the Saturday, Sunday and holidays 9:00 AM start-up time and include Saturday aligned with the Monday through Friday times based on the seasons. Councilman O'Brien SECONDED the motion. Comments from the public included John Bercel who said the contractor's association had asked for Saturday start-up times to be one hour later than the weekday starts to allow for considerations to residents. Gordon Pittsenbarger approved of the earlier start-up time for Saturdays. Tony Fiano didn't want any ordinance. Jack Bercel favored a 6:00 start-up time for Saturdays. Terry Diedrick,Arthur Reischfeld,Joan Pittsenbarger and Don Lietzen also spoke. Vice Mayor Clark said he supported changing the Saturday start-up time to be included with weekday times. He said Sunday and holiday start-up times should be later than weekdays. Councilwoman Wiggishoff asked Town Attorney Farrell if singling out Saturday could be a discriminatory matter. He answered arguments could occur regarding this as well as any regulations that were thy-oriented into categories. He said the Council could legally add Saturday to be included with weekdays and that it would not be a problem unless the basis for this inclusion was based on a religious discrimination, which it was not. A vote on the amendment to the amendment to the motion which provided for Saturday start-up times to be the same as Monday through Friday start-up times CARRIED with a 6-1 vote. Councilwoman Wiggishoff cast the nay vote. Discussion continued regarding the first amendment to the motion. A review of the amendment included start-up times as follows: 5:00 AM from 5/1-9/30,6:00 AM from 2/1-4/30 and 10/1-11/15,and 7:00 AM from 11/15-1/31. Sunday and holidays start up time would be 9:00 AM and perishables as earlier defined would be allowed at anytime. Councilwoman Wiggishoff stated again that she was against a 5:00 AM start up time and if the Council voted for this amendment, residents' complaints and rights would have been ignored and anticipated the Council would be involved every year with similar discussions regarding regulating construction activities. She said it was unfair to residents. Other comments from the public included Arnold van Ruitenbeek who encouraged the 6:00 start-up time in the Minutes of the Regular Session of the Town Council 09/07/95 Page 5 of 12 summer months and 7:00 in the winter months with one hour prior for perishable materials. John Bercel supported the 5:00 AM start-up time in the summer months;Dori Wittrig favored the 5:00 start-up time;Jerry Harrington spoke against any ordinance or amendment; Darlene Macchione;Fredricka Sinclair;Gordon Pittsenbarger pointed out the unsafe temperatures framers and roofers were exposed to in the afternoon hours was about twenty degrees more than the registered temperatures of the day and supported the 5:00 AM start-up time;Tony Fiano spoke about his concern of stucco cracks caused by applications made during extremely hot temperatures; Allen Threlfall who was against noise at any time; Terry Diedrick; and Darlene Macchione. The Council then voted on the first amendment to the motion which CARRIED with a 4-3 vote. Councilwoman Wiggishoff, Councilman Hudson and O'Brien cast the nay votes. Councilman Lawrence AMENDED the motion to add verbiage after the sentence regarding the first,second and third offense convictions, the wording "and all subsequent convictions" and complete the sentence with the respective penalties as presented, to delete the next sentence concerning a Class 3 misdemeanor and to conclude with the sentence regarding each day would constitute a separate offense. Vice Mayor Clark SECONDED the motion. Vice Mayor Clark stated he believed the harsher penalty of a Class 3 misdemeanor after the third offense should be levied on a noise violator rather than a work-hour violation. Councilman Lawrence stated his amendment provided for sufficient penalties which would result in petty offenses and subsequent fines and did not want to impose a criminal conviction on workers. Councilwoman Wiggishoff supported stricter penalties for repeating violators. Comments from the public included Tony Fiano,Margaret Gelinas,Jerry Harrington,John Bercel,Jack Bercel,Joan Pittsenbarger, Mary Pilarinos, Joseph Myers, Sharon Hutcheson, Gordon Pittsenbarger and Tony Diedrick. The consensus of the comments were that the proposed penalties were excessive and construction noise violations would be difficult to enforce. The Council then voted on the amendment regarding penalties which CARRIED with a 5-2 vote. Councilwoman Matta Wiggishoff and Councilman O'Brien cast the nay votes. Skov Councilwoman Tibbetts commented that the proposed ordinance did not mention anything about noises. She said the basis for the proposed ordinance dictated when the noises could start,not how loud the noises could be or what the consequences were. She said she had a problem with that issue. Councilwoman Wiggishoff stated that she could not support the proposed ordinance, which she said ignored the rights of the residents. Councilman O'Brien stated he could not vote for this ordinance because the ordinance didn't accomplish anything rather than to put into ordinance form the status quo of present construction activities. Comments from the public from Don Leitzen,Judy Yoder,Mary Pilarinos,Tony Fiano,Arnold van Ruitenbeek,Jill Marvin, Gordon Pittsenbarger and Jack Bercel. The contractors asked that notifications when complaints were received be conveyed to contractors to help them know what issues residents were complaining about. Ray Baldwin,Sunridge Canyon,asked for clarification if maintenance activities on a golf course would be considered a construction activity subject to start-up times. He said when Golden Eagle Park starts softball activities maintenance vehicles might need to work in early morning hours and asked if those activities would also be subject to the proposed ordinance. Mayor Cutillo said an amendment to the ordinance needed to be made before acting on the main motion because the ordinance was not specific in exempting maintenance machinery. Mr. Nordin agreed clarification could be made to the ordinance but he did not consider golf course and park maintenance activities an activity subject to this ordinance. Councilman Lawrence AMENDED the motion to provide for the exclusion of golf course and park maintenance activities under Section 7-6-1, Hours of Operation. Mayor Cutillo SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 09/07/95 Page 6 of 12 Councilman Hudson commented that the proposed ordinance was a first step in solving problems and an ordinance was needed at this time in the Town Code for regulation of construction activities. A vote was taken on the original motion with the appropriate amendments which FAILED with a 5-2 vote. r Councilman Hudson and Clark cast the aye votes. Mayor Cutillo announced a recess at 9:20 P.M. AGENDA ITEM#22-DISCUSSION OF THE MCDOWELL MOUNTAIN PRESERVATION TASK FORCE REPORT REGARDING DISPOSITION OF STATE LANDS ADJACENT TO FOUNTAIN HILLS, AND POSSIBLE DIRECTION TO STAFF. Mayor Cutillo reconvened the Town Council meeting at 9:28 P.M. Town Manager Nordin reported the McDowell Mountain Preservation Task Force had examined two parcels north and east of Fountain Hills as possible sites for preservation and had submitted their report to the Council. He commented that annexation of the two parcels of state land likely would not receive favorable consideration due to past opposition from the State Land Department. Councilman O'Brien,a member of the Resolutions Committee of the League of Arizona Cities and Towns, stated there currently was a proposed resolution to resolve coordination of General Plans in terms of zoning decisions between communities within a three mile radius of municipal borders. Mr.Nordin approved the endorsement of the Task Force recommendations to include the two state land parcels in the statewide study to preserve lands. He also reported that Bill Little of the Fort McDowell Indian Reservation Tribal Council had endorsed the two parcels inclusion in the state task force. Mayor Cutillo asked if the Indian community had expressed interest in obtaining those parcels. Mr. Nordin answered that the Tribal Council had expressed intentions and provided monies in their budget for obtaining the property. He reported that Mr.Becker had initiated the process for the disposition of the land by auction proceedings. Mr. Jack Fraser, President of the McDowell Park Association,addressed the Council and advised immediate action the Council and the Task Force to submit a letter of recommendation as soon as possible. He encouraged cooperative efforts be maintained between the County, the Indian community and Fountain Hills in the preservation of open space lands. He said his association felt there was considerable public support for the preservation efforts either cooperatively or the preservation of lands as a part of the McDowell Mountain Park area. Town Attorney Farrell stated a resolution didn't necessarily need to be adopted and suggested staff prepare a comprehensive package consisting of a letter and supporting documentation expressing the concern of the Council addressed to the Arizona Preserve Initiative Task Force would be sufficient. Mayor Cutillo MOVED to prepare a letter of support to the Arizona Preserve Initiative Task Force as discussed. Councilman O'Brien SECONDED the motion which CARRIED unanimously. Roy Kinsey,Chairman of the McDowell Mountain Preservation Task Force,urged the Council to submit their letter of support as quickly as possible. AGENDA ITEM#23- CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY STEVEN GERVAIS FOR THE SUNRIDGE CANYON GOLF COURSE. THE APPLICATION IS A TRANSFER OF AN EXISTING CLASS 6 (QUOTA) "BAR LICENSE" WHICH ALLOWS BOTH ON PREMISE AND OFF PREMISE SALE OF LIQUOR. Mayor Cutillo MOVED to approve the liquor license application requested by Steven Gervais for the Sunridge Minutes of the Regular Session of the Town Council 09/07/95 Page 7 of 12 Canyon Golf Course. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM#24- DISCUSSION (WITH POSSIBLE DIRECTION TO STAFF) CONCERNING HOW TO PROCEED WITH THE CURRENT O.S.R.ZONING DISTRICT AMENDMENT REGARDING GOLF COURSE CLUBHOUSE OPERATIONS. Mr. Nordin directed the Council to examine the last page of a staff report which defined a clubhouse as an appropriate use in a OSR zoning district. Councilwoman Tibbetts stated she supported this text amendment and commended staff for their efforts. Mr.Nordin called attention to the letter from Mr. Gervais stating no off-premise sales would occur at Sunridge Canyon Golf Course in conjunction with the liquor license. Staff was urged to complete the amendment. AGENDA ITEM#26 -CONSIDERATION OF A CUT AND FILL WAIVER TO PERMIT A CUT OF ONE FOOT IN EXCESS OF THE TEN (10) FOOT MAXIMUM AND TO PERMIT A FILL OF SIX FEET IN EXCESS OF THE TEN (10) FOOT MAXIMUM FILL REQUESTED FOR A RESIDENCE LOCATED AT 16454 KEOTA DRIVE AKA LOT 21, BLOCK 2, FINAL PLAT 411, LOCATED NORTH OF NICKLAUS DRIVE AND EAST OF KEOTA DRIVE; CASE#CFW95-03. Councilwoman Wiggishoff MOVED to deny the request for a cut and fill waiver on Keota Drive, Case Number CFW95-03. Councilman O'Brien SECONDED the motion. Mayor Cutillo explained that he would be voting against the denial because he had built his home in this neighborhood and understood why the builder would need a cut and fill waiver. The motion CARRIED with a 6-1 vote, Mayor Cutillo cast the nay vote. AGENDA ITEM#27-PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY REGARDING A SPECIAL USE PERMIT FOR CARUME CONSTRUCTION TO ALLOW THE STORAGE, REPAIR AND MAINTENANCE OF CONSTRUCTION EQUIPMENT IN THE "C-2" INTERMEDIATE COMMERCIAL ZONING DISTRICT,WHICH IS LOCATED AT 12028 FALCON DRIVE AKA LOT 1,BLOCK 1,FINAL PLAT 302-A; CASE# SU95-07. Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 9:53 P.M. No one spoke for or against the special use permit request. Mayor Cutillo declared the public hearing closed and reconvened the Regular Session of the Town Council at 9:54 P.M. AGENDA ITEM#28-CONSIDERATION OF A SPECIAL USE PERMIT FOR CARUME CONSTRUCTION TO ALLOW THE STORAGE, REPAIR AND MAINTENANCE OF CONSTRUCTION EQUIPMENT IN THE "C-2" INTERMEDIATE COMMERCIAL ZONING DISTRICT, WHICH IS LOCATED AT 12028 FALCON DRIVE AKA LOT 1, BLOCK 1, FINAL PLAT 302-A; CASE# SU95-07. Councilwoman Wiggishoff MOVED to approve the special use permit for Carume Construction to allow the storage, repair and maintenance of construction equipment at 12028 Falcon Drive. Councilman Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM#29-CONSIDERATION OF RESOLUTION 1995-57,AUTHORIZING AND DIRECTING Minutes of the Regular Session of the Town Council 09/07/95 kirav Page 8 of 12 THE MAYOR OR TOWN MANAGER AND TOWN CLERK TO EXECUTE AN AMENDMENT TO THE DECLARATION OF RESERVATIONS FOR PLAT 302 AND SETTING FORTH THE CONDITIONS FOR SUCH AUTHORIZATIONS. Councilman Hudson MOVED to approve Resolution 1995-57 as presented. Mayor Cutillo SECONDED the motion which CARRIED unanimously. AGENDA ITEM #30 - PUBLIC HEARING ON ORDINANCE 95-39, WHICH WOULD REZONE 0.662 ACRES OF LAND,WHICH INCLUDES ALL OR PORTIONS OF TRACTS "A" THROUGH"J" OF THE FINAL PLAT OF SUNRIDGE CANYON PARCEL"G-NORTH" AND 0.679 ACRES OF LAND LOCATED IMMEDIATELY NORTH OF THE FINAL PLAT OF SUNRIDGE CANYON PARCEL"G-NORTH",FROM THE "R1-6A" TO THE "OSR" ZONING DISTRICT, CASE NUMBER Z95-02. Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 9:55 P.M. No one spoke for or against the rezone request. Mayor Cutillo declared the public hearing closed and reconvened the Regular Session of the Town Council meeting at 9:56 P.M. AGENDA ITEM#31 - CONSIDERATION OF ORDINANCE 95-39,WHICH REZONES 0.662 ACRES OF LAND, WHICH INCLUDES ALL OR PORTIONS OF TRACTS "A" THROUGH "J" OF THE FINAL PLAT OF SUNRIDGE CANYON PARCEL "G-NORTH" AND 0.679 ACRES OF LAND LOCATED IMMEDIATELY NORTH OF THE FINAL PLAT OF SUNRIDGE CANYON PARCEL"G-NORTH",FROM THE "R1-6A" TO THE "OSR" ZONING DISTRICT, CASE NUMBER Z95-02. Councilman Hudson MOVED to approve Ordinance 95-39 as presented. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #32 - PUBLIC HEARING ON RESOLUTION 1995-55, TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO AMEND A 4.0 ACRE PARCEL IN THE TOWN OF FOUNTAIN HILLS GENERAL PLAN FROM MF/M(MULTI-FAMILY/MEDIUM RESIDENTIAL)TO C/R(GENERAL COMMERCIAL/RETAIL), WHICH IS LOCATED EAST OF MONTEREY DRIVE, NORTH OF SHEA BOULEVARD AND WEST OF CEREUS WASH; CASE#GPA95-02. Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 9:57 P.M. No one spoke for or against Resolution 1995-55. Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council meeting at 9:58 P.M. AGENDA ITEM#33 -CONSIDERATION OF RESOLUTION 1995-55,AN APPLICATION TO AMEND A 4.0 ACRE PARCEL IN THE TOWN OF FOUNTAIN HILLS GENERAL PLAN FROM MF/M (MULTI- FAMILY/MEDIUM RESIDENTIAL)TO C/R(GENERAL COMMERCIAL/RETAIL),WHICH IS LOCATED EAST OF MONTEREY DRIVE,NORTH OF SHEA BOULEVARD AND WEST OF CEREUS WASH;CASE #GPA95-02. Councilman Lawrence MOVED to approve Resolution 1995-55,an amendment to the General Plan, as presented. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 09/07/95 Page 9 of 12 ' , AGENDA ITEM#34-PUBLIC HEARING ON ORDINANCE 95-40,TO RECEIVE PUBLIC TESTIMONY ON AN APPLICATION TO REZONE A 4.0 ACRE PARCEL FROM R-5 ZONING DISTRICT TO C-2 ZONING DISTRICT, WHICH IS LOCATED EAST OF MONTEREY DRIVE, NORTH OF SHEA BOULEVARD AND WEST OF CEREUS WASH; CASE#Z95-12. Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 9:58 P.M. No one spoke for or against Ordinance 95-40. Mayor Cutillo declared the public hearing closed and reconvened the Regular Session of the Town Council meeting at 9:59 P.M. AGENDA ITEM #35 - CONSIDERATION OF ORDINANCE 95-40, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO REZONE A 4.0 ACRE PARCEL FROM R-5 ZONING DISTRICT TO C-2 ZONING DISTRICT,WHICH IS LOCATED EAST OF MONTEREY DRIVE, NORTH OF SHEA BOULEVARD AND WEST OF CEREUS WASH; CASE#Z95-12. Councilwoman Tibbetts MOVED to approve Ordinance 95-40 as presented. Councilman Hudson SECONDED the motion which CARRIED unanimously. AGENDA ITEM #36 - CONSIDERATION OF APPROVING TOWN COUNCIL PARTICIPATION IN A COMMUNITY LIAISON GROUP CONSISTING OF REPRESENTATIVES FROM THE TOWN COUNCIL, THE SCHOOL DISTRICT,THE SANITARY DISTRICT AND THE FIRE DISTRICT;AND APPOINTING A TOWN COUNCIL MEMBER AND ALTERNATE TO SERVE ON THE LIAISON GROUP. Town Manager Nordin said a group of representatives had recently met for the first time in a cooperative effort for future problem-solving measures and stated communication between those representatives and the Town was in the best interests of everyone. He asked for the Council's recommendation for participation in this group and the appointment of a representative from the Council. Councilwoman Wiggishoff said she had attended the first meeting and positive ideas had been exchanged for future communication purposes. She said the group wanted to meet quarterly on the second Monday of the first month at 6:30 PM in the Town Hall. Councilman Lawrence MOVED the Town Council participate in the liaison group as discussed. Councilman O'Brien SECONDED the motion which CARRIED unanimously. Councilman Lawrence then MOVED to appoint Councilwoman Wiggishoff as the Council representative to the liaison group and Councilman Hudson as an alternate. Councilman O'Brien SECONDED the motion which CARRIED unanimously. AGENDA ITEM#37-PRESENTATION BY TOWN ENGINEER RANDY HARREL ON TRAFFIC SIGNAL STANDARDS. Town Engineer Randy Harrel presented a slide presentation displaying traffic signals other communities use and explained the differences and his preferences regarding style, color and specifications. It was generally agreed between Councilmembers that the ADOT design was most appropriate for the Town's purposes,that the cost was not prohibitive and that the ADOT design was simple and clean. Mr.Harrel stated the green street name signs with white lettering would be adequate. He said the street signs should be two faced to allow for reverse reading,large lettering,illuminated and should be placed on the flag-type framing on a pole to allow larger lettering and visibility. Other recommendations he suggested were an earth-tone, beige color for signal poles, lagging arrow feature, Minutes of the Regular Session of the Town Council 09/07/95 Page 10 of 12 emergency pre-emption signal for emergency vehicles, street light placement on the top of the signals and high pressure sodium lighting for energy conservation purposes. Ray Baldwin,Sunridge Canyon,asked for the Council's decision immediately as delivery time for the Palisades and Shea Boulevard intersection signalization was estimated to be sixteen weeks. He said temporary signals would be installed when the intersection was completed in October. AGENDA ITEM#38 - 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.) No one came forward from the public. AGENDA ITEM#39- PURSUANT TO A.R.S.38-431.03.A.7,VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSIONS OR CONSULTATIONS WITH DESIGNATED REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATION FOR THE PURCHASE OR LEASE OF REAL PROPERTY. Councilman O'Brien MOVED to go into Executive Session. Councilman Lawrence SECONDED the motion which CARRIED unanimously. Mayor Cutillo recessed the Regular Session of the Town Council at 10.37 P.M. AGENDA ITEM#40 - RETURN TO REGULAR SESSION. Mayor Cutillo reconvened the Regular Session of the Town Council meeting at 11:33 P.M. AGENDA ITEM#41-CONSIDERATION OF AUTHORIZING AND DIRECTING THE TOWN MANAGER, TOWN CLERK AND TOWN ATTORNEY TO TAKE ALL ACTIONS NECESSARY TO ACQUIRE REAL PROPERTY AND BUILDINGS FOR A NEW CORPORATE YARD PURSUANT TO THE INSTRUCTIONS RECEIVED IN EXECUTIVE SESSION. Councilman Hudson MOVED to direct the Town Manager to proceed with the acquisition of property and buildings for a new corporate yard. Councilman Lawrence SECONDED the motion which CARRIED with a 6-1 vote. Councilman O'Brien cast the nay vote. AGENDA ITEM#42 - ADJOURNMENT. Councilwoman Tibbetts MOVED to adjourn the meeting. Councilman Lawrence SECONDED the motion which CARRIED unanimously. The meeting adjourned at 11:34 P.M. Minutes of the Regular Session of the Town Council 09/07/95 ( Page 11 of 12 TOWN OF FOUNTAIN HILLS Now By: (7Jj Jo . Cutillo, Mayor ATTEST: &MA:L. ••15 holtAA-4A-^) Cassie B. Hansen, Town Clerk PREPARED BY: Linda D. Le en,Administrative Assistant 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 7th day of September, 1995. I further certify that the meeting was duly called and that a quorum was present. DATED this 21st day of September, 1995. 4kikar' etdel4.ti- )tjf),444, ) Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 09/07/95 Page 12 of 12