HomeMy WebLinkAbout1996.0321.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MARCH 21, 1996
A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30
P.M., Thursday, March 21, 1996, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades
Blvd., Building B, Fountain Hills, Arizona.
ROLL CALL- Following the pledge to the flag and the invocation by Pastor Don Schrage of the Trinity Lutheran
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, Town Engineer Randy Harrel and
Planner Jeff Valder.
'Mayor Cutillo read the Consent Agenda which consisted of the following agenda items:
AGENDA ITEM#2-CONSIDERATION OF APPROVING THE MEETING MINUTES OF MARCH 7,1996.
AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1996-15,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENT ALONG THE EASTERLY AND NORTHERLY PROPERTY LINES OF LOT 3, BLOCK 4,
PLAT 104 (16402 ASHBROOK DR.),AS RECORDED IN BOOK 132 OF MAPS,PAGE 32, RECORDS OF
MARICOPA COUNTY, AZ.
AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1996-16,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS ALONG THE SOUTHERLY AND WESTERLY PROPERTY LINES OF LOT
19, BLOCK 1, PLAT 506B (14964 E. ASPEN DRIVE), AS RECORDED IN BOOK 159 OF MAPS, PAGE
3, RECORDS OF MARICOPA COUNTY, ARIZONA.
AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1996-17,ABANDONING WHATEVER RIGHT,
TITLE OR INTEREST THE TOWN HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS ALONG THE WESTERLY PROPERTY LINE OF LOT 21, BLOCK 1, PLAT
213 (15016 N. STRATFORD CIR.), AS RECORDED IN BOOK 155 OF MAPS, PAGE 24, RECORDS OF
MARICOPA COUNTY, AZ.
AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1996-18,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS ALONG THE SOUTHWESTERLY PROPERTY LINES OF LOT 39, BLOCK
1, PLAT 604A (15127 E. RIDGEWAY DRIVE), AS RECORDED IN BOOK 165 OF MAPS, PAGE 16,
RECORDS OF MARICOPA COUNTY, ARIZONA.
AGENDA ITEM #8 - CONSIDERATION OF A FINAL REPLAT FOR FOUNTAIN HILLS FINAL PLAT
106, BLOCK 1, LOTS 4 AND 5 TO REMOVE THE COMMON LOT LINE CREATING A SINGLE LOT
(4A) CONTAINING 12,000 SQUARE FEET, LOCATED NORTH OF EL PUEBLO BOULEVARD AND
Minutes of the Regular Session of the Town Council 03/21/96
Page 1 of 8
EAST OF FOUNTAIN HILLS BOULEVARD. CASE #S96-017
AGENDA ITEM #9 - CONSIDERATION OF A FINAL REPLAT FOR FOUNTAIN HILLS FINAL PLAT
601-B,BLOCK 2,LOTS 7 AND 8 TO RECONFIGURE THE LOT LINES CREATING A 10,815.2 SQUARE
FOOT LOT (7) AND A 21,556.86 SQUARE FOOT LOT (8), LOCATED NORTH OF PRIMROSE DRIVE
ON THE NORTHWEST SIDE OF PONDEROSA DRIVE. CASE #S96-011
AGENDA ITEM #10 - CONSIDERATION OF A PRELIMINARY PLAT FOR PARCEL "M" OF THE
SUNRIDGE CANYON DEVELOPMENT, A 17-LOT, 14.95± ACRE PROPOSED DEVELOPMENT, CASE
NUMBER S94-120.
AGENDA ITEM #11 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE MIRAGE POINT
SUBDIVISION, A 15-LOT DEVELOPMENT LOCATED SOUTH OF PLAT 303, WEST OF THE FORT
MCDOWELL INDIAN RESERVATION AND NORTH OF THE ARRIBA DEL LAGO SUBDIVISION,
CASE NUMBER S96-016.
AGENDA ITEM#12 - CONSIDERATION OF THE FINAL REPLAT OF SUNRIDGE CANYON PARCEL
"N-WEST PHASE 1", A REPLAT OF LOTS 1 THROUGH 3 AND 6 THROUGH 9 OF THE SUNRIDGE
CANYON PARCEL "N-WEST PHASE 1" SUBDIVISION, CASE NUMBER S96-010.
AGENDA ITEM#13-CONSIDERATION OF RESOLUTION 1996-20,DECLARING AND ADOPTING THE
RESULTS OF THE PRIMARY ELECTION HELD ON MARCH 12, 1996; AND ORDERING THE
RECORDING OF SUCH RESOLUTION.
AGENDA ITEM#14 - CONSIDERATION OF AWARDING THE BID FOR THE PURCHASE OF SEVEN
(7) MICROCOMPUTERS TO HUGHES-CALIHAN, INC. FOR THE SUM NOT TO EXCEED $9,250.27.
Councilman Hudson MOVED to approve the Consent Agenda and suggested stipulations be included as a part of
the agenda item. Councilman Lawrence agreed with the suggestion and asked to remove Agenda Item #7 for
separate discussion. Councilman Hudson AMENDED his motion to approve the Consent Agenda except for Item
#7. 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 #7 - CONSIDERATION OF REVISING THE INTERGOVERNMENTAL AGREEMENT
WITH THE ARIZONA DEPARTMENT OF TRANSPORTATION ON FOUNTAIN HILLS ON FOUNTAIN
HILLS BOULEVARD.
Councilman Lawrence explained that the bid for the culvert construction was scheduled to be awarded to Hunter
Contracting in the amount of$526,119. He said Markham Contracting, who had submitted a$25,000 lower bid, was
protesting the award and asked if there was anything the Council could do to require ADOT to reconsider the award
on this project. Town Engineer Randy Harrel stated he would be attending the April 5th ADOT Board Meeting and
Minutes of the Regular Session of the Town Council 03/21/96
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would convey the Council's request that the lowest bid be awarded. Town Manager Nordin offered to assist Mr.
Harrel. Councilman Lawrence MOVED to approve Agenda Item #7 as presented. Councilwoman Wiggishoff
SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #15 - PRESENTATION OF APPRECIATION PLAQUE TO DON ANDREWS FOR HIS
YEARS OF SERVICE ON THE BOARD OF ADJUSTMENT.
Mayor Cutillo presented an engraved plaque to Don Andrews in appreciation for dedicated service on the Board of
Adjustment from 1992 to 1996.
AGENDA ITEM#16-PRESENTATION OF APPRECIATION CERTIFICATE TO J.A.JONES FOR THEIR
PIPE DONATION TO THE TOWN OF FOUNTAIN HILLS.
Town Engineer Randy Harrel reported that the J. A. Jones Construction Company had donated $25,000 worth of
corrugated metal pipe to the Town. He also wanted to extend appreciation to Hard Rock Construction who donated
loading equipment and MCO Properties who permitted the pipe to be stored on vacant property by the Summit Lakes
area. Mayor Cutillo stated that because of the absence of a J. A. Jones representative, the certificate of appreciation
would be mailed.
AGENDA ITEM #17 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB.
(11119 Magistrate Shoob presented his report for the month of February, 1996. He pointed out that the outstanding account
balance had decreased during the past month and recognized the efforts of the collection officer and court staff.
AGENDA ITEM #18 - CONSIDERATION OF THE TOWN COUNCIL INITIATING AN AMENDMENT
TO THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO PERMIT PERMANENT OFF-
PREMISE SIGNS IN THE PUBLIC RIGHTS-OF-WAY ONLY.
Councilwoman Wiggishoff said she was concerned over the 33 locations proposed for off-premise signs. Director
of Community Development Gary Jeppson stated the number of locations would be stipulated by Council and that
33 locations was an estimate based upon the previous locations and future areas which might need directional signs.
Councilman Lawrence said he was opposed to the $100,000 initial expenditure for signs. He said he preferred the
original MCO offer to construct signs at their expense and deed them to the Town. Vice Mayor Tibbetts asked how
many of the 33 sign locations were planned to be located at the Sunridge Canyon and Eagle Mountain subdivisions.
Mr.Jeppson answered he thought there would be five at Eagle Mountain and four at Sunridge Canyon. Councilman
O'Brien asked about the content control of the signs. Attorney Farrell stated a program could be designed to control
the commercial content of speech but limitations could be challenged. Councilman Lawrence suggested only
directional signs benefitting the community at large be permitted and to omit advertising logos. Attorney Farrell said
time,place and manner could be regulated but commercial speech rights were protected under the First Amendment.
He summarized the choices of either adopting a Town ordinance governing off-premise signs, permit MCO to
proceed with their proposal for signs or forbid off-premise signs except as allowed by the Town Council. Mayor
Cutillo MOVED to direct staff to return with a comparison of all three choices. Councilman Clark SECONDED
the motion.
Minutes of the Regular Session of the Town Council 03/21/96
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Ray Baldwin, Sunridge Canyon, said the purpose of his original proposal was to construct two signs to identify
activity centers such as High School,Town Center, Golden Eagle Park and Sunridge Golf Club. He said he preferred
signs alongside roadways rather than in the medians. He said five directional signs within the Sunridge project
would indicate developer-sponsored areas.
The motion CARRIED unanimously.
Mayor Cutillo stated he had received a request from the applicant for continuation regarding the agenda items for
Mirage Cove. Because of the number of interested citizens in the audience, he proposed to discuss Agenda Items
#25, #26, #27, #28, and #29.
AGENDA ITEM #25 - PUBLIC HEARING TO RECEIVE TESTIMONY ON AN APPLICATION TO
AMEND THE FOUNTAIN HILLS GENERAL PLAN BY DESIGNATING ALL OF LOTS 1 THROUGH 7
IN PLAT 414 AND LOT 7, BLOCK 8, OF PLAT 412-A FROM THE "OFFICE" TO THE "MULTI-
FAMILY/MEDIUM" LAND USE DESIGNATION, CASE NUMBER GPA95-03.
Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 7:00 p.m. The
applicant, Gary Martinson of Scott Properties, Inc. stated he requested more time to work with residents to achieve
an overall agreed-upon plan. Jesse Schmidt said he favored the two-week extension to enable neighboring property
owners adequate time to view proposals of Mr. Martinson. Mayor Cutillo closed the public hearing and reconvened
the Regular Session of the Town Council meeting at 7:03 p.m.
AGENDA ITEM #26 - CONSIDERATION OF RESOLUTION 1996-21, AMENDING THE FOUNTAIN
HILLS GENERAL PLAN BY DESIGNATING ALL OF LOTS 1 THROUGH 7 IN PLAT 414 AND LOT 7,
BLOCK 8, OF PLAT 412-A FROM THE "OFFICE" TO THE "MULTI-FAMILY/MEDIUM" LAND USE
DESIGNATION, CASE NUMBER GPA95-03.
AGENDA ITEM #27 - PUBLIC HEARING TO RECEIVE TESTIMONY ON AN APPLICATION TO
AMEND THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REZONING ALL OF
LOTS 1 THROUGH 7 IN PLAT 414 FROM THE "COMMERCIAL OFFICE" (C-O) ZONING DISTRICT
TO THE "M-1" (MULTI-FAMILY RESIDENTIAL ZONING DISTRICT),AND BY REZONING ALL OF
LOT 7,BLOCK 8,PLAT 412-A FROM THE"R-3"(MULTI-FAMILY RESIDENTIAL ZONING DISTRICT)
TO THE "M-1" (MULTI-FAMILY RESIDENTIAL ZONING DISTRICT), CASE NUMBER Z95-29.
AGENDA ITEM #28 - CONSIDERATION OF ORDINANCE 96-09, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REZONING ALL OF LOTS 1 THROUGH 7 IN
PLAT 414 FROM THE "COMMERCIAL OFFICE" (C-O) ZONING DISTRICT TO THE "M-1" (MULTI-
FAMILY RESIDENTIAL ZONING DISTRICT),AND BY REZONING ALL OF LOT 7, BLOCK 8,PLAT
412-A FROM THE "R-3" (MULTI-FAMILY RESIDENTIAL ZONING DISTRICT) TO THE "M-1"
(MULTI-FAMILY RESIDENTIAL ZONING DISTRICT), CASE NUMBER Z95-29.
AGENDA ITEM #29 - CONSIDERATION OF A PRELIMINARY PLAT FOR THE MIRAGE COVE
SUBDIVISION,A 32-UNIT CONDOMINIUM DEVELOPMENT LOCATED SOUTHEAST AND SOUTH OF
SAGUARO BOULEVARD,SOUTH AND WEST OF TECHNOLOGY DRIVE AND EAST OF LAST TRAIL
DRIVE, CASE NUMBER S95-077.
Councilwoman Wiggishoff MOVED to continue discussion on Amendment Case Number GPA95-03, Zoning Case
Number Z95-29 and Preliminary Plat Case Number S95-077 to the next Council meeting on April 4, 1996. Vice
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Page 4 of 8
Mayor Tibbetts SECONDED the motion which CARRIED unanimously.
L
AGENDA ITEM #19 - PUBLIC HEARING ON A SPECIAL USE PERMIT APPLICATION FOR A
CONSTRUCTION EQUIPMENT STORAGE YARD IN A"C-3"ZONING DISTRICT,LOCATED AT 12014
N. FALCON DRIVE, AKA LOT 2, BLOCK 1, FINAL PLAT 302A, CASE NUMBER SU96-01.
Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 7:04 p.m.
No one came forward to speak for or against the special use permit request. Mayor Cutillo closed the public hearing
and reconvened the Regular Session of the Town Council at 7:05 p.m.
AGENDA ITEM#20-CONSIDERATION OF SPECIAL USE PERMIT#SU96-01 FOR A CONSTRUCTION
EQUIPMENT STORAGE YARD IN A "C-3" ZONING DISTRICT, LOCATED AT 12014 N. FALCON
DRIVE, AKA LOT 2, BLOCK 1, FINAL PLAT 302A.
Councilwoman Wiggishoff MOVED approval of Case Number SU96-01 including stipulations contained in the staff
report. Councilman Hudson SECONDED the motion.
Gary Wrench, a property owner in Plat 205 which has deed restrictions similar to Plat 302A, said there were deed
restrictions concerning the use of the land that were currently being litigated in Superior Court. It was his opinion
that the special use permit should not be approved until the outcome of the litigation. Town Attorney Farrell
clarified this consideration by stating that if the applicant met all the criteria of the Zoning Code, a permit could be
granted. He said the Town was not a party to any restrictive covenants or deed restrictions.
The motion CARRIED unanimously.
AGENDA ITEM #21 - PUBLIC HEARING ON A SPECIAL USE PERMIT APPLICATION FOR A
CONSTRUCTION AND NURSERY STORAGE YARD TO BE LOCATED IN A"C-3"ZONING DISTRICT,
LOCATED AT 17008 E. ENTERPRISE DRIVE, AKA LOTS 13 AND 14, BLOCK 2, FINAL PLAT 205,
CASE NUMBER SU96-02.
Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 7:11 p.m. No
one came forward to speak for or against the special use permit application. Mayor Cutillo closed the public hearing
and reconvened the Regular Session of the Town Council at 7:12 p.m.
AGENDA ITEM#22-CONSIDERATION OF SPECIAL USE PERMIT#SU96-02 FOR A CONSTRUCTION
AND NURSERY STORAGE YARD TO BE LOCATED IN A "C-3" ZONING DISTRICT, LOCATED AT
17008 E. ENTERPRISE DRIVE, AKA LOTS 13 AND 14, BLOCK 2, FINAL PLAT 205.
Director of Community Development Gary Jeppson stated two letters had been received concerning the perimeter
walls. He stated an additional stipulation, #5, would be added to prevent a 8' perimeter wall from blocking the
loading or unloading access of parking facilities of future buildings in an alleyway. One of the letters was from Don
Mason, the architect for the project, who stated the recommended timeframe in stipulation#4 would be difficult to
comply with and that he preferred a longer period for design time. A letter was also received Robert M. Robinson
concerning deed restrictions, the unsightly nature of a construction storage yard, and the effects it would have on
,, Minutes of the Regular Session of the Town Council 03/21/96
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his neighboring property values.
Councilman Lawrence asked Mr.Jeppson if staff would have any objections to extending the construction timeframe.
Mr. Jeppson stated he had no objection in extending the time limit with the stipulation that the permitted use could
not begin until all construction was completed. He said the applicant had not specified the length of time requested.
The applicant, Marvin Hamann, MHH Enterprises, asked for the extension of time to enable him to resolve legal
problems, to complete the engineering design, and to allow for actual construction time. He requested a two-month
period before the permit would be submitted and four months for wall construction after the permit was approved.
Mayor Cutillo said he was familiar with the subject property and that action to clean up the area had been
commenced for some time. Mr. Jeppson said the goal was to put the property into compliance by getting the
screening installed in a 60-day period. Councilman Clark asked how long the unkept condition of the property had
existed. Mr.Jeppson stated the applicant had significantly cleaned up the debris but new uses, including a landscape
business, required a six-foot wall which did not exist.
Councilman Hudson MOVED to continue this matter to the second meeting in April, April 18, 1996. Councilman
Clark SECONDED the motion.
Don Mason, the architect for the Hamanns', said he needed more time to design the wall to accommodate a future
building which included a preliminary plan and parking considerations. He also said he thought the consideration
'of more time for construction should also be given. Gary Wrench said he had no objection to extending the time
limit and commended the owner for cleaning up the yard. Arthur Reischfeld said the Town was using their newly
located Street Department yard without the proper wall installation.
The motion CARRIED unanimously.
AGENDA ITEM#23-PUBLIC HEARING TO RECEIVE TESTIMONY ON A PROPOSED AMENDMENT
TO CHAPTER 7 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS WHICH
WOULD ESTABLISH PARKING LOT SPACE REQUIREMENTS FOR VEHICLES CARRYING PEOPLE
WITH DISABILITIES, CASE NUMBER Z96-02.
Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 7:29 p.m. No
one came forward to speak for or against the proposed zoning amendment. Mayor Cutillo closed the public hearing
and reconvened the Regular Session of the Town Council at 7:30 p.m.
AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 96-08, AMENDING CHAPTER 7 OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS WHICH WOULD ESTABLISH PARKING
LOT SPACE REQUIREMENTS FOR VEHICLES CARRYING PEOPLE WITH DISABILITIES, CASE
NUMBER Z96-02.
Councilman Hudson MOVED to approve Ordinance 96-08 as presented. Councilman Lawrence SECONDED the
motion.
Planner Jeff Valder stated that the ADA had a number of usable standards but the Town had not specified which
standard was preferred in the Zoning Ordinance. Mary Pilarinos asked for clarification of the proposed ordinance.
Mr. Valder explained this ordinance would create a specific parking space size for handicapped parking stalls and
also to require an access aisle to the right side of each parking stall to enable van-lifted wheelchair access with a
,,. Minutes of the Regular Session of the Town Council 03/21/96
Page 6 of 8
Vice Mayor Tibbetts asked if existing handicapped parking stalls would need to be changed. Mr. Valder stated the
existing stalls would not be affected by this ordinance unless parking lots that contained handicapped stalls were
proposed to be remodeled.
The motion CARRIED unanimously.
AGENDA ITEM #30 - 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 to speak.
AGENDA ITEM #31 - PURSUANT TO A.R.S. 38-431.03.A.7. AND 38-431.03.A.1, VOTE TO GO INTO
EXECUTIVE SESSION FOR DISCUSSION OR CONSULTATION WITH DESIGNATED
REPRESENTATIVES OF THE PUBLIC BODY IN ORDER TO CONSIDER ITS POSITION AND
INSTRUCT ITS REPRESENTATIVES REGARDING NEGOTIATIONS FOR THE PURCHASE OR LEASE
OF REAL PROPERTY; AND FOR THE PURPOSE OF DISCUSSION OR CONSIDERATION OF
EMPLOYMENT,ASSIGNMENT,APPOINTMENT,PROMOTION,DEMOTION,DISMISSAL,SALARIES,
DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY
PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS, AN OFFICER,
APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION
OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER,APPOINTEE
OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS
APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER,APPOINTEE OR EMPLOYEE
TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A
PUBLIC MEETING.
Councilman Lawrence MOVED to go into Executive Session. Councilwoman Wiggishoff SECONDED the motion
which CARRIED unanimously. Mayor Cutillo recessed the Regular Session of the Town Council to go into
Executive Session at 7:35 p.m.
AGENDA ITEM #32 - RETURN TO REGULAR SESSION.
Mayor Cutillo reconvened the Regular Session of the Town Council at 11:00 p.m.
AGENDA ITEM#33 - CONSIDERATION OF DIRECTING STAFF TO PREPARE DRAFTS OF A TEXT
AMENDMENT TO THE TOWN ZONING CODE CREATING A NEW DOWNTOWN DISTRICT OR
OVERLAY DISTRICT COMBINING COMMERCIAL AND RESIDENTIAL USES; DIRECTING STAFF
TO NEGOTIATE AND PRESENT A FINAL DRAFT OF A DEVELOPMENT AGREEMENT BETWEEN
MCO PROPERTIES AND THE TOWN REGARDING PERMITTED USES WITHIN THE DOWNTOWN
AREA; DIRECTING STAFF TO RETAIN THE SERVICES OF AN APPRAISER TO DETERMINE THE
VALUE OF PARCELS OF LAND TO BE EXCHANGED BETWEEN THE TOWN AND MCO IN
ACCORDANCE TO A.R.S. § 9-407; AUTHORIZING THE TOWN MANAGER TO RETAIN A
Minutes of the Regular Session of the Town Council 03/21/96
Page 7 of 8
CONSULTANT TO EVALUATE THE WATER AND EFFLUENT ISSUES CONNECTED WITH THE
ASSUMPTION OF OWNERSHIP AND OPERATION OF THE FOUNTAIN AND FOUNTAIN PARK;
AUTHORIZING AND DIRECTING STAFF TO NEGOTIATE AND PREPARE FOR APPROVAL FINAL
DOCUMENTS TRANSFERRING OWNERSHIP OF THE FOUNTAIN AND FOUNTAIN PARK AS WELL
AS SPECIFIED AREAS OF THE MCDOWELL MOUNTAINS FOR POSSIBLE ACCEPTANCE BY THE
TOWN; AND, AUTHORIZING AND DIRECTING STAFF TO ACQUIRE ALL NECESSARY SURVEYS
AND PRELIMINARY TITLE REPORTS AS WELL AS ENVIRONMENTAL STUDIES PRIOR TO ANY
FINAL ACTION ON THE EXCHANGE OF REAL PROPERTY OR ACCEPTANCE OF ANY DEEDS TO
REAL PROPERTY.
Mayor Cutillo MOVED to direct staff to continue negotiations. Councilwoman Wiggishoff SECONDED the motion
which CARRIED unanimously.
AGENDA ITEM #34 - ADJOURNMENT.
Vice Mayor Tibbetts MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 11:01 p.m.
TOWN OF FOUNTAIN HILLS
/Zee',.
By: %fi/
Joh / . Cutillo, Mayor
•
A YI'EST: e_AA4A—c-
Cassie B. Hansen, Town Clerk
BY: 'l
Linda D. Lemme , Administrative Ass*/ rx,re—
PREPARED
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 21st day of March, 1996. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 4th day of April, 1996.
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 03/21/96
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