HomeMy WebLinkAbout1995.1019.TCREM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR & EXECUTIVE SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
OCTOBER 19, 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,October 19, 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 Pastor Scott Von Lanken, of the First
Assembly of God Church,roll call was taken. Present for roll call were the following members of the Fountain Hills
Town Council: Mayor John Cutillo, Vice Mayor Peg Tibbetts and Councilmembers Don Lawrence, Frank Clark,
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 and Planners
Jeff Valder and Geir Sverdrup.
Mayor Cutillo read the Consent Agenda which included the following agenda items:
AGENDA ITEM#2-CONSIDERATION OF RESOLUTION 1995-60,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY EASEMENTS ALONG
THE WESTERLY AND NORTHERLY PROPERTY LINES OF LOT 72,BLOCK 1,PLAT 505B FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 43, RECORDS OF MARICOPA
COUNTY, ARIZONA, EXCEPT FOR THE 8' X 8' PUE, WHICH WILL BE RETAINED.
AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1995-61,ABANDONING WHATEVER RIGHT,.
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY EASEMENTS ALONG
THE WESTERLY AND SOUTHERLY PROPERTY LINES OF LOT 27,BLOCK 4,PLAT 431,FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN BOOK 151 OF MAPS, PAGE 43, RECORDS OF MARICOPA
COUNTY, ARIZONA.
AGENDA ITEM#4-CONSIDERATION OF ACCEPTANCE OF RIGHT-OF-WAY DEDICATION FROM
MCO PROPERTIES FOR PORTIONS OF SIERRA MADRE DRIVE, GOLDEN EAGLE BLVD., AND
PALISADES BLVD.
AGENDA ITEM #5 - CONSIDERATION OF REPLAT FOR LOT 3, FINAL PLAT 704, WHICH IS
LOCATED SOUTH OF SHEA BLVD AND EAST OF SAGUARO BLVD., CASE# S95-070.
AGENDA ITEM#6 - CONSIDERATION OF THE RESOLUTION 1995-62,ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN 1' VEHICULAR EASEMENT OF
LOT 3, PLAT 704, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 399 OF MAPS, PAGE 18,
RECORDS OF MARICOPA COUNTY, ARIZONA.
AGENDA ITEM#7- CONSIDERATION OF NAMING THE ADWR JURISDICTIONAL DAMS WITHIN
FOUNTAIN HILLS.
AGENDA ITEM #8 - CONSIDERATION OF AWARDING THE BID FOR GOLDEN EAGLE PARK -
PHASE III IMPROVEMENTS, BID NUMBER GEP95-002 IN THE AMOUNT OF $352,700.
Minutes of the Regular Session of the Town Council 10/19/95
Page 1 of 6
AGENDA ITEM#9-CONSIDERATION OF RESOLUTION 1995-63,RELATING TO THE ISSUANCE OF
ONE OR MORE SERIES OF GENERAL OBLIGATION REFUNDING BONDS OF THE TOWN OF
FOUNTAIN HILLS AUTHORIZING THE EXECUTION AND DELIVERY OF APPROPRIATE
AGREEMENTS IN CONNECTION THEREWITH, INCLUDING BUT NOT LIMITED TO CERTAIN
AGREEMENTS WITH PROFESSIONALS PROVIDING SERVICES IN CONNECTION WITH THE
ISSUANCE OF THE REFUNDING BONDS; AUTHORIZING ALL NECESSARY OR DESIRABLE
ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE REFUNDING BONDS;AND DECLARING
AN EMERGENCY.
AGENDA ITEM#10 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY
DIANE SCRIBNER FOR THE VILLAGE PUB. THE APPLICATION IS TO TRANSFER THE EXISTING
CLASS 12 RESTAURANT LICENSE FROM THE CURRENT LICENSEE WILLIAM CHRYSOKOS TO
NEW OWNER DIANE SCRIBNER.
Councilman Lawrence MOVED to approve the Consent Agenda as read. Vice Mayor Tibbetts SECONDED the
motion. A roll call vote was taken with the following results:
Councilman Lawrence Aye
Councilwoman Wiggishoff Aye
Councilman Clark Aye
Councilman Hudson Aye
Councilman O'Brien Aye
Vice Mayor Tibbetts Aye
Mayor Cutillo Aye
The motion CARRIED unanimously.
AGENDA ITEM#11 -REPORT/UPDATE BY MAYOR CUTILLO ON THE MARICOPA ASSOCIATION
OF GOVERNMENTS MANAGEMENT COMMITTEE'S RECOMMENDATION REGARDING THE COST
INCREASE FOR THE 1995 MAG SPECIAL CENSUS.
Mayor Cutillo informed the Council the MAG Management Committee's recommendation was to retain the hourly
wage of $7.50 for census workers rather than grant the $1.00/hour increase as proposed. He explained that the
Town's pro-rata contribution would be reduced from previously approved amounts which provided for the increase.
AGENDA ITEM#12 - MONTHLY REPORT BY MAGISTRATE SHOOB.
Judge Shoob referred to his monthly report for the month of September. He said September had been a relatively
slow month for the Court. He reported that last year the Supreme Court required an audit of all lower courts by an
independent agency once every three years and that an audit had now been completed with favorable results
concerning the operation of the Court.
AGENDA ITEM #13 - CONSIDERATION OF NAMING/DESIGNATING A CERTAIN PORTION OF
RIGHT-OF-WAY WITHIN THE TOWN LIMITS IN HONOR OF VETERANS. SPECIFICALLY,
RENAMING PALISADES BLVD. FROM SHEA BLVD. TO FOUNTAIN HILLS BLVD; DESIGNATING
(WITHOUT RENAMING) PANORAMA BLVD., EL LAGO BLVD. AND SAGUARO BLVD. ADJACENT
Minutes of the Regular Session of the Town Council 10/19/95
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TO FOUNTAIN LAKE; AND OTHER OPTIONS WILL BE CONSIDERED.
(111 Town Manager Paul Nordin began the discussion by outlining the different options to the Council. He explained
that the frontage road by Palisades Boulevard would not be included. He said the designating without renaming
option would result in brown sign markers indicating specified routes as "Veterans Memorial Parkway"but that the
street names would not change. Another option mentioned was the naming of the park, unbuilt at present, at the
Sunridge Canyon subdivision as "Veterans Memorial Park".
Councilman Clark stared recent discussions had resulted in a compromise between the VFW's original request to
change the street name of Panorama Drive or the alternative loop around Fountain Park. The alternative compromise
was suggested by Councilman Clark as he MOVED to designate Veterans Memorial Parkway as the streets starting
at Shea Boulevard on Saguaro,north to Palisades, west on Palisades until the end at Shea Boulevard. Vice Mayor
Tibbetts SECONDED the motion.
Councilman Clark said suggestions previously made by Councilman Hudson relative to future commemorative
markers, statues, flagpoles and garden areas in Fountain Park could be considered after the Town had obtained
ownership of the park. Councilman Lawrence stated he supported the designation of the loop and that it was just
one small way the community could thank the veterans for their sacrifices to our country. He complimented the
veterans for their compromise efforts in accomplishing their goals without creating any undue hardship on residents
by changing the street names. Vice Mayor Tibbetts agreed that the designation of a major loop was a sincere gesture
of the community's appreciation for all veterans.
Councilman Hudson said the proposed loop was too long and would lose its effectiveness. He said he preferred to
have the entire length of Saguaro Boulevard, starting at Shea, or the loop around Fountain Park selected.
Councilwoman Wiggishoff indicated her approval of the loop route and encouraged the idea of a monument or
memorial garden concept in Fountain Park in the future. She expressed her gratitude to the veterans for their efforts
in pursuing this memorial route. Mayor Cutillo also supported the designated loop proposal.
Commander Bob Dumas,representing the VFW,urged the Council to approve the compromise reached between the
VFW and staff for the designation of a major loop named "Veterans Memorial Parkway". He said the money spent
on signage for this project would be a valued gesture from the Town. He referred to the veterans' sacrifice of lives
and blood for their country and recognized other members of the VFW who were present.
Bill Kenny,representing the American Legion,asked the Council to approve the designated route. He said anyone
voting against the veterans' request might not be re-elected next Spring.
Jim Schultz,a resident at 16144 Palisades Boulevard,stated he was opposed to renaming Palisades Boulevard as it
would have created a significant hardship for his business. He supported the designation of a route for the"Veterans
Memorial Parkway" and commended the veterans for their efforts in negotiating this route.
Mayor Cutillo defended the Council by saying that even if there was a vote against the proposal from the VFW,the
Council should not be viewed as unpatriotic or disrespectful. Councilman Hudson relayed his extensive background
of military service and said he objected to the offensive attitude of Mr. Dumas. He said he could not support the
route because he thought it was too long of a loop. Councilman O'Brien said specific criteria should be established
to determine which groups or persons should receive recognition. He submitted there should be Fountain Hills
residents that also receive honorary acknowledgements.
The motion CARRIED with a 6-1 vote. Councilman Hudson cast the nay vote.
Minutes of the Regular Session of the Town Council 10/19/95
Page 3 of 6
AGENDA ITEM#14-CONSIDERATION OF REVIEWING ORDINANCE#95-12 WHICH ESTABLISHES
THE MAXIMUM LENGTH AND NUMBER OF LOTS ON CUL-DE-SACS, AND ESTABLISHING
EMERGENCY ACCESS STANDARDS.
Community Development Director Gary Jeppson asked the Council to reconsider Ordinance 95-12 that was adopted
in April, 1995. He explained an application had been received for the proposed Westridge Village,a two-subdivision
development,one of which would have 100 lots and had a median roadway into the development resulting in a 3000-
foot loop. A connector street for emergency access would either be constructed through a wash area to conform to
the present ordinance or through the water treatment plant and out to Shea Boulevard. He asked if the Council
would prefer reviewing subdivisions on a case-by-case basis or whether cul-de-sac lengths should be increased. He
further stated the Fire District was more concerned about the lengths rather than the number of lots on a cul-de-sac
and that they had indicated they would work with staff regarding emergency access routes.
Councilwoman Wiggishoff said she felt the Council should abolish Ordinance 95-12 and approach each situation on
a case-by-case basis. She questioned the basis for determining cul-de-sac lengths and number of lots when Ordinance
95-12 was initiated. She stated a case-by-case consideration with the Fire District's approval of emergency access
routes was appropriate.
Mayor Cutillo MOVED to repeal Ordinance 95-12 for consideration of an ordinance that would provide flexibility
as individual subdivisions were proposed. Councilwoman Wiggishoff SECONDED the motion which CARRIED
unanimously.
AGENDA ITEM#15 - CONSIDERATION OF ORDINANCE 95-44, AMENDING CHAPTER 15 OF THE
FOUNTAIN HILLS TOWN CODE, COMMONLY KNOWN AS THE FOUNTAIN HILLS SUBDIVISION
REGULATIONS,BY AMENDING ARTICLE III OF THE FOUNTAIN HILLS SUBDIVISION REGULATIONS
TO ADD SECTION 312. SIDEWALKS.
Planner Jeff Valder explained that the Planning &Zoning Commission was in the process of proposing changes to
the Subdivision Ordinance and that they had recommended the sidewalks provisions be created at this time rather
than wait until the entire number of revisions were finished.
Vice Mayor Tibbetts stated sidewalk regulations should be flexible enough to allow developers to conform to slopes
of lots and other topography as well as require access for handicapped and older citizens. Both Councilman O'Brien
and Councilwoman Wiggishoff agreed with Vice Mayor Tibbetts that this proposal was too rigid and couldn't be
applied everywhere. Councilmen Lawrence and Clark approved of the sidewalk proposal citing that children as well
as adults need sidewalks to safely walk in our community. Mayor Cutillo asked why the regulations were so specific
and said he preferred more flexibility in the regulations.
Mr. Valder stated that if the Council reviewed subdivisions and no sidewalk regulations were included in the Town
Code, it was likely that sidewalks would not be constructed.
Councilman Lawrence MOVED to approve Ordinance 95-44 as presented. Councilman Clark SECONDED the
motion.
Councilman O'Brien AMENDED the motion to eliminate items D-3, D-5 and change the wording in D-4 to allow
lot widths up to 125'. Councilman Hudson SECONDED the amendment.
Charlie Fox said the Council should revisit the proposed regulations and the number of lots in a cul-de-sac should
not determine whether a sidewalk should be constructed. He preferred having a sidewalk at all cul-de-sac locations
for safety concerns.
Minutes of the Regular Session of the Town Council 10/19/95
Page 4 of 6
Mr. Jeppson pointed out that with the adoption of this ordinance, the Council would be reviewing the preliminary
plats of subdivisions rather than approving the subdivision at the fmal plat level.
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The vote on the amendment FAILED with a 4-3 vote. Mayor Cutillo, Vice Mayor Tibbetts, Councilwoman
Wiggishoff and Councilman Hudson cast the nay votes.
Councilman Hudson MOVED to table action on this agenda item and refer it to the Town Manager and staff for
further study. Councilman Clark SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #16 - CONSIDERATION OF APPROVING THE LAW ENFORCEMENT CONTRACT
WITH THE MARICOPA COUNTY SHERIFF DEPARTMENT FOR THREE YEARS.
Mr.Nordin addressed the Council relative to the three-year contract for law enforcement services from the Maricopa
County Sheriff's Department. He explained that a new method for determining the second and third year's contract
amounts had been established and was subject to review. The amount of the contract for the first year was$577,735
with a 90-day cancellation provision.
Councilman Hudson MOVED to approve the law enforcement contract with the Maricopa County Sheriff's
Department for the next three years. Councilman Clark SECONDED the motion.
Mayor Cutillo stated his appreciation to Mr.Nordin for his efforts in negotiating the contract. He said he preferred
even more police protection from the MCSO and then decrease the amount spent for code enforcement in the
Marshal's Department.
The motion CARRIED unanimously.
L
AGENDA ITEM#17- 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#18 - PURSUANT TO A.R.S.38-431.03.a.4,VOTE TO GO INTO EXECUTIVE SESSION
FOR DISCUSSION OR CONSULTATION WITH THE ATTORNEYS OF THE PUBLIC BODY IN ORDER
TO CONSIDER ITS POSITION AND INSTRUCT ITS ATTORNEYS REGARDING THE PUBLIC BODY'S
POSITION IN PENDING OR CONTEMPLATED LITIGATION.
Councilman Clark MOVED to go into Executive Session. Vice Mayor Tibbetts SECONDED the motion which
CARRIED unanimously. Mayor Cutillo called a recess of the Regular Session at 8:30 P.M.
AGENDA ITEM#19 - RETURN TO REGULAR SESSION.
Mayor Cutillo reconvened the Regular Session of the Town Council meeting at 9:00 P.M.
Minutes of the Regular Session of the Town Council 10/19/95
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AGENDA ITEM#19 - ADJOURNMENT.
Councilman Lawrence MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 9:01 P.M.
TOWN OF FOUNTAIN HILLS
By:
J M. Cutillo, Mayor
ATTEST: Ca.L1.4.4.4--'
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Cassie B. Hansen, Town Clerk
PREPARED BY: L% -
Linda D. Lemmen, Administrative Assistant
CER 111.1CATION
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 October, 1995. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 2nd day of November, 1995.
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 10/19/95
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