HomeMy WebLinkAbout1996.0516.TCRM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR SESSION OF THE
FOUNTAIN HILLS TOWN COUNCIL
MAY 16, 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, May 16, 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 Gary Jeppson, 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 Town Engineer Randy Harrel.
Mayor Cutillo read the Consent Agenda which included the following agenda items. Agenda Item#14 was removed
from the Consent Agenda for separate discussion.
AGENDA ITEM#2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF APRIL 27TH,
30TH, AND MAY 2ND, 1996.
AGENDA ITEM #3 - CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN
THE MARICOPA COUNTY LIBRARY DISTRICT AND THE TOWN OF FOUNTAIN HILLS FOR FULL
LIBRARY SERVICES FOR THE CITIZENS OF THE COMMUNITY.
AGENDA ITEM #4 - CONSIDERATION OF APPROVING THE RECOMMENDATION MADE BY THE
LTAF REVIEW COMMITTEE REGARDING THE DISTRIBUTION OF THE LOTTERY GRANT MONIES
FOR FY 95/96.
AGENDA ITEM#5 - CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION
SUBMITTED BY FREDERICA SINCLAIR FOR THE FOUNTAIN HILLS REPUBLICAN CLUB. THE
CLUB IS HAVING A FUNDRAISER ON WEDNESDAY, JUNE 12, 1996 FROM 6:30 P.M. TO 8:30 P.M.
AT THE KIWANIS BUILDING.
AGENDA ITEM#6 - CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN
THE GOVERNOR'S DIVISION OF DRUG POLICY AND THE FOUNTAIN HILLS MARSHAL'S
DEPARTMENT PROVIDING A $750 GRANT TO THE MARSHAL'S DEPARTMENT FOR YOUTH
ACTIVITIES DESIGNED TO REDUCE SUBSTANCE ABUSE. $500 OF THE GRANT MONEY WILL GO
TO THE"MIDNIGHT MADNESS"PROGRAM AND$250 WILL GO TO THE"SAY NO TO DRUGS,YES
TO BOWLING" PROGRAM.
AGENDA ITEM#7 - CONSIDERATION OF CHANGING THE MEETING TIMES OF THE PARKS AND
RECREATION COMMISSION FROM 6:00 P.M.,THE SECOND TUESDAY OF EVERY MONTH TO 6:00
P.M., THE SECOND THURSDAY OF EVERY MONTH. THE CHANGE WOULD BEGIN ON JUNE 13,
1996.
AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 1996-32, AMENDING THE ADOPTION
AGREEMENT FOR THE TOWN OF FOUNTAIN HILLS MONEY PURCHASE PENSION PLAN. THIS
Minutes of the Regular Session of the Town Council 05/16/96
Page 1 of 11
AMENDMENT INCREASES THE TOWN'S CONTRIBUTION RATE TO 9% OF THE EMPLOYEE'S
EARNINGS AND THE MANDATORY EMPLOYEE CONTRIBUTION RATE BY THE EMPLOYEE TO
41111.9 7.5% OF THE EMPLOYEE'S EARNINGS.
AGENDA ITEM#9-CONSIDERATION OF RESOLUTION 1996-33,ABANDONING WHATEVER RIGHT,
TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE SOUTHWESTERLY PROPERTY LINES LOT 8,BLOCK 6,PLAT 104(14252
N. EDGEWORTH DRIVE), AS RECORDED IN BOOK 139 OF MAPS, PAGE 32, RECORDS OF
MARICOPA COUNTY, ARIZONA, WITH STIPULATION.
AGENDA ITEM #10 - CONSIDERATION OF RESOLUTION 1996-34, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE SOUTHEASTERLY AND SOUTHWESTERLY PROPERTY LINES LOT 13,
BLOCK 1, PLAT 506A (16206 N. ASPEN DRIVE), AS RECORDED IN BOOK 159 OF MAPS, PAGE 30,
RECORDS OF MARICOPA COUNTY, ARIZONA.
AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1996-35, ABANDONING WHATEVER
RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE
EASEMENTS ALONG THE WESTERLY AND SOUTHERLY PROPERTY LINES LOT 11, BLOCK 4,
PLAT 428 (16147 E. BALSAM DRIVE), AS RECORDED IN BOOK 155 OF MAPS, PAGE 19, RECORDS
OF MARICOPA COUNTY, ARIZONA.
AGENDA ITEM #12 - CONSIDERATION OF RESOLUTION 1996-36, AUTHORIZING THE TOWN TO
ENTER INTO A COOPERATIVE AGREEMENT WITH THE COUNTY OF MARICOPA STATING THAT
IF THE TOWN OF FOUNTAIN HILLS DESIRES TO PARTICIPATE IN THE U.S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT'S-COMMUNITY DEVELOPMENT BLOCK GRANT-SMALL
CITIES PROGRAM, THAT IT WILL PARTICIPATE IN THE MARICOPA COUNTY URBAN COUNTY
PROGRAM.
AGENDA ITEM #13 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE PROPOSED
SUNRIDGE CANYON PARCEL "D-SOUTH" SUBDIVISION,A 12.348 ACRE,22-LOT DEVELOPMENT,
CASE NUMBER S96-003.
AGENDA ITEM #15 - CONSIDERATION OF THE FINAL PLAT TO JOIN LOTS 27 & 28, BLOCK 1,
FOUNTAIN HILLS, ARIZONA FINAL PLAT 106, CASE NUMBER S96-022.
AGENDA ITEM #16 - CONSIDERATION OF THE PLAN OF DEVELOPMENT FOR AN
OFFICE/WAREHOUSE BUILDING PROPOSED TO BE LOCATED AT 16623 E.LASER LANE,AKA LOT
51, BLOCK 1, FOUNTAIN HILLS, ARIZONA FINAL PLAT 414, CASE NUMBER M96-01.
AGENDA ITEM #17 - CONSIDERATION OF APPROVING THE MCDOWELL MOUNTAIN TASK
FORCE LAND VALUATION STRATEGY AND AUTHORIZATION OF A $20,000 BUDGET FOR SAID
LAND VALUATION.
AGENDA ITEM#18-CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY KATHY
EMMONS FOR THE GIRL SCOUTS FOR THEIR ANNUAL "FLY UP" CEREMONY TO BE HELD ON
SUNDAY, MAY 19, 1996 FROM 4:00 P.M. TO 5:00 P.M. THE EVENT WILL REQUIRE THE CLOSURE
OF THE AVENUE OF THE FOUNTAINS FROM SAGUARO BOULEVARD TO VERDE RIVER DRIVE
FROM 3:30 P.M. TO 5:30 P.M.
Councilman Clark MOVED to approve the Consent Agenda as read. Councilman Hudson SECONDED the motion.
A roll call vote was taken with the following results:
Minutes of the Regular Session of the Town Council 05/16/96
Page 2 of 11
Councilman Lawrence Aye
Councilman Clark Aye
Councilman O'Brien Aye
Mayor Cutillo Aye
Councilwoman Wiggishoff Aye
Councilman Hudson Aye
Vice Mayor Tibbetts Aye
The motion CARRIED unanimously.
AGENDA ITEM #14 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE PROPOSED
SUNRIDGE CANYON PARCEL "E" SUBDIVISION, A 39.915 ACRE, 35-LOT DEVELOPMENT, CASE
NUMBER S96-012.
Councilwoman Wiggishoff stated that property owners in the North Heights subdivision had questioned her regarding
the access road onto Sierra Madre Drive. Planner Jeff Valder said a property owner to the west of the project site
questioned the possibility of screening walls along the rear property line. He said all the lots would be custom,
would not be initially graded, and would most likely have walls which would not block mountain views. Mr. Valder
indicated that the North Heights Property Owners Association would control the undeveloped areas of land around
the perimeter of the subdivision.
Councilwoman Wiggishoff MOVED to approve Case Number S96-012 for Sunridge Canyon Parcel "E" preliminary
plat. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously.
41111, AGENDA ITEM #19 - PRESENTATION BY LARRY LANGE AND L.H. HAMILTON FROM THE
ARIZONA MUNICIPAL RISK RETENTION POOL TO COUNCILMAN WALLY HUDSON FOR HIS
CONTRIBUTIONS TO THE TOWN OF FOUNTAIN HILLS AND THE "POOL" DURING HIS TENURE
AS PRESIDENT OF THE BOARD.
Both Mr. Lange, the Treasurer of the Pool from Show Low, Mr. Hamilton, the Manager of Bisbee, and a
councilmember from the City of Bullhead City commended Councilman Hudson for his service as President for the
Pool in the past six years. They complimented Mr. Hudson for his insurance experience and his personal visits to
each of the 55 towns and cities which comprise the pool. They presented him a plaque commemorating his service
to the Pool.
AGENDA ITEM#20-PRESENTATION OF CERTIFICATES OF APPRECIATION AND DISTINGUISHED
SERVICE AWARDS TO VICE MAYOR PEG TIBBETTS, COUNCILMAN WALLY HUDSON AND
COUNCILMAN FRANK CLARK FOR THEIR YEARS OF SERVICE ON THE TOWN COUNCIL.
Three plaques with words of appreciation in observance of the dedicated service of Councilmembers Frank Clark,
Wally Hudson and Vice Mayor Tibbetts were presented by Mayor Cutillo. Town Manager Paul Nordin also
presented each of them with a gold-plated pin in the shape of a fountain.
Town Clerk Cassie Hanson then gave a slide presentation of various pictures taken during the last several years
showing the councilmembers at various functions and meetings.
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AGENDA ITEM #21 - CONSIDERATION OF RESOLUTION 1996-31, ORDERING AND CALLING A
SPECIAL BOND ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS,ARIZONA,
41110, ON SEPTEMBER 10, 1996,TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION
OF AUTHORIZING THE ISSUANCE AND SALE OF $1,950,000 PRINCIPAL AMOUNT OF GENERAL
OBLIGATION BONDS, PROJECT OF 1996.
Councilman Lawrence said he had sponsored this agenda item and MOVED the approval of Resolution 1996-31 as
presented. Vice Mayor Tibbetts SECONDED the motion. Councilman O'Brien pointed out the Town might be
committing itself to budget$100,000-$200,000 for operating expenses for an aquatic center. Councilman Wiggishoff
indicated future debates would occur before the vote on the September ballot and suggested the citizens would
participate in those discussions. Councilman Lawrence said he anticipated 50% of the operating costs would be
covered by user fees. The motion CARRIED unanimously.
AGENDA ITEM #22 - REPORT BY GREG BIELLI OF CHAPARRAL CITY WATER COMPANY
REGARDING THE RECENT REFERENCE TO FOUNTAIN HILLS IN THE ARIZONA REPUBLIC
ARTICLE CONCERNING WATER QUALITY.
Due to the absence of Mr. Bielli,Mr. Clifford Ford,the superintendent of the Water Company addressed the Council
relative to a recent newspaper article which made reference to the inferior quality of the water in Fountain Hills.
Mr. Ford assured the Council the water quality was meeting all EPA, ADEQ and Maricopa County Health
Department standards. He informed the Council that over 95% of his staff were residents in Fountain Hills. He
referred to the coliform bacteria testing in January of 1995 as an indicator that some type of bacteria was present
and samples were reviewed by ADEQ lab.
AGENDA ITEM #23 - CONSIDERATION OF DESIGNATING THE BUILDING INSPECTOR/PLANS
EXAMINER POSITION AS A FULL-TIME PLANS EXAMINER POSITION AND ESTABLISHING A
SALARY RANGE FOR THE PLANS EXAMINER POSITION.
Town Manager Nordin spoke regarding the originally-established position of a building inspector/plans examiner.
He indicated the timeframe for each division of the position was planned to be 50-50 but with the increased workload
of the Building Safety Department, it had been unsuccessful for one employee to manage both the responsibilities
of a building inspector and a plans examiner. He pointed out that after studying other comparative salaries, the
salary for that position had not been sufficient to encourage new employees. He asked to reclassify this position to
a plans examiner position with a salary range of$32,729 to $45,086.
Councilman Hudson MOVED to approve the reclassification for a plans examiner position as outlined by the Town
Manager. Councilman Clark SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#24-CONSIDERATION OF APPROVING THE LANDSCAPE PLAN AND ACCEPTING
MAINTENANCE OF THE PALISADES BOULEVARD/SHEA BOULEVARD LANDSCAPE
IMPROVEMENTS BEGINNING JULY 1, 1999.
Director of Community Development Gary Jeppson explained that MCO desired to landscape the newly constructed
Palisades Boulevard/Shea Boulevard roadway with a fountain,a pond,and an archway along the eastern side together
with a sidewalk. He stated MCO requested an agreement for the Town to assume maintenance of the landscape plan
as constructed after a three-year period. He said staff recommended the assumption after five years. Councilman
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O'Brien asked if the water source for the fountain would be effluent. Mr. Jeppson answered it would be effluent
and would need required warning signage. Councilwoman Wiggishoff asked about the landscape plantings. Mr.
Jeppson said the plantings would be desert vegetation. Councilwoman Wiggishoff said she approved of the design
for an entry into the Town but that she was concerned about the maintenance of a water feature as a part of the
landscape plan. She suggested the water feature concept be removed from the landscape plan.
Mayor Cutillo MOVED to accept the landscape plan as presented and to approve the Town's takeover of
maintenance of said plan after a five-year period, beginning July 1, 2001. Councilman Lawrence SECONDED the
motion. Mr. Jeppson corrected his statement and said the water feature would be fed with water supplied by
Chaparral City Water Company. The motion CARRIED with a 5-2 vote. Councilman O'Brien and Councilwoman
Wiggishoff cast the nay votes.
AGENDA ITEM #25 - CONSIDERATION OF APPLYING TO MARICOPA COUNTY FOR AN
ENCROACHMENT PERMIT TO CONSTRUCT A LANDSCAPED ENTRANCE SIGN ON THE NORTH
SIDE OF SHEA BOULEVARD IN THE CRESTVIEW AREA AND ACCEPTING MAINTENANCE OF THE
SIGN AREA LANDSCAPING BEGINNING JULY 1, 1999.
Mr. Jeppson stated the maintenance for the entrance sign would be minimal with desert landscape and would not
require any irrigation after the three-year period. He estimated the costs for maintenance around $2,000 per year
because only lightbulbs in the sign would be maintained.
Vice Mayor Tibbetts MOVED to proceed with applying for an encroachment permit for an entrance sign ai
presented and for the Town's assumption of maintenance expenses beginning after three years, July 1, 1999.
Councilman Hudson SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#26 - PUBLIC HEARING ON ORDINANCE 96-19, AMENDING CHAPTER 12 OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW BUILDING MATERIAL
SALES, AND PRINTING, LITHOGRAPHY, AND PRINTING ESTABLISHMENTS, IN THE "C-2"
ZONING DISTRICT BY SPECIAL USE PERMIT ONLY. CASE #Z96-15.
Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 7:29 p.m.
No one came forward to speak for or against Ordinance 96-19. Mayor Cutillo closed the public hearing and
reconvened the Regular Session of the Town Council at 7:30 p.m.
AGENDA ITEM #27 - CONSIDERATION OF ORDINANCE 96-19, AMENDING CHAPTER 12 OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW BUILDING MATERIAL
SALES, AND PRINTING, LITHOGRAPHY, AND PRINTING ESTABLISHMENTS, IN THE "C-2"
ZONING DISTRICT BY SPECIAL USE PERMIT ONLY. CASE #Z96-15.
Vice Mayor Tibbetts MOVED to approve Ordinance 96-19. Councilman Hudson SECONDED the motion.
Councilman O'Brien AMENDED the motion to strike section "E" which pertained to printing, lithography and
publishing establishments. Councilwoman Wiggishoff SECONDED the amendment. Mr. Jeppson said staff had
recommended eliminating section "E" in a C-2 zoning district because these uses often contained large buildings
which could be a distraction to the commercial areas surrounding it. He pointed out the hours of operation of a
printing business was not conducive to a commercial area as well as possible truck traffic.
Minutes of the Regular Session of the Town Council 05/16/96
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Greg Bielli, MCO Properties, stated the items in section "E" were on the original list but said his company had
agreed to eliminate those items. Councilman Hudson reminded the Council that each use would be approved on a
case-by-case basis.
Peter Putterman opposed eliminating the uses in section "E" and suggested the Council might regret prohibiting these
uses in the future.
The amendment FAILED with a 5-2 vote. Councilman O'Brien and Councilwoman Wiggishoff cast the aye votes.
A vote on the motion to approve 96-19 CARRIED unanimously.
AGENDA ITEM # 28 - CONSIDERATION OF THE DEVELOPMENT AGREEMENT, TRANSFER
AGREEMENT, AND EXCHANGE AGREEMENT WITH MCO PROPERTIES REGARDING THE
EXCHANGE OF TWO PARCELS OF PROPERTY IN THE DOWNTOWN AREA AND THE POSSIBLE
TRANSFER OF TITLE OF FOUNTAIN PARK FROM MCO TO THE TOWN.
Town Manager Nordin stated the negotiations with MCO Properties had continued but that they were not completed.
He said paragraphs #5 and #6 of the development agreement were still being negotiated. In addition, discussions
were continuing with the issues of the takeover of the fountain, condition of the fountain and the park as well as
maintenance of everything. He further stated the valuation for the parcels included in the land exchange had not
been completed and suggested consideration during an executive session or a special session of the Council.
Councilman Clark MOVED to table discussion on the development agreement and to discuss this matter after the
Council met in executive session at the end of this meeting. Councilman O'Brien SECONDED the motion which
CARRIED unanimously.
L
AGENDA ITEM #29 - CONSIDERATION OF ORDINANCE 96-13 AN AMENDMENT TO CHAPTER 15
OF THE FOUNTAIN HILLS TOWN CODE, COMMONLY KNOWN AS THE FOUNTAIN HILLS
SUBDIVISION ORDINANCE, TO AMEND ARTICLES I AND III TO AMEND REGULATIONS
DESCRIBING THE DESIGN OF ROADWAYS AND THE DESIGN, MAXIMUM USE AND MAXIMUM
LENGTH OF CUL-DE-SAC ROADWAYS. (TABLED FROM THE 5/2/96 MEETING).
Planner Jeff Valder reviewed the staff recommendations which were to eliminate from consideration either a major
collector or arterial street as a cul-de-sac. He reviewed the two versions of the ordinance.
Councilman O'Brien MOVED to approve the version of Ordinance 96-13 as printed on the blue paper. Councilman
Clark SECONDED the motion.
Greg Bielli, MCO Properties, said he had concerns about the 82' right of way as excessive and that the limited
collector street was required to connect to a major roadway. He said there were some roads in the North Heights
area and the Eagles Nest subdivision area could not comply because of their location. He encouraged the Council
to continue discussion on this issue.
Mayor Cutillo stated he was concerned with the issue of desert disturbance with an 82' wide street. Mr. Jeppson
stated the 82' width extended from one right-of-way to the other to allow for a wide enough roadway for two-way
traffic.
Councilman Lawrence AMENDED the motion to change the right of way for a limited collector street from 82' to
Minutes of the Regular Session of the Town Council 05/16/96
Page 6 of 11
62' on Page 2, Paragraph 5 and Page 11 of the ordinance. Mayor Cutillo SECONDED the amendment. Bruce
Hanson asked about the construction of utility easements and sidewalks and said the limit of 62' would not be
fikiw adequate. Mr. Valder said the utility easements would need to be on one side of the road. The vote on the
amendment FAILED with a 5-2 vote. Mayor Cutillo and Councilman Lawrence cast the aye votes.
Councilman O'Brien AMENDED the motion to change the right of way for a limited collector street from 82' to
72' on Page 2. Paragraph 5 and on Page 11 of the ordinance. Councilman Lawrence SECONDED the amendment.
The vote on the amendment FAILED with a 4-3 vote. Councilmen O'Brien and Lawrence and Mayor Cutillo cast
the aye votes.
The vote on the motion to approve Ordinance 96-13, the blue copy CARRIED with a 5-2 vote. Councilman
Lawrence and Mayor Cutillo cast the nay votes.
AGENDA ITEM#30 - PUBLIC HEARING ON ORDINANCE 96-15, REZONING 2.47±ACRES OF LAND
WITHIN AND ADJACENT TO THE PROPOSED PARCEL "M" SUBDIVISION OF THE SUNRIDGE
CANYON DEVELOPMENT FROM "OSR" TO THE "R1-10A" ZONING DISTRICT,AND;A PROPOSAL
TO REZONE 0.95± ACRES OF LAND LOCATED WITHIN AND ADJACENT TO THE PROPOSED
PARCEL"M"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM"R1-10A"TO THE
"OSR" ZONING DISTRICT, SO THAT ALL OF LOTS 1 THROUGH 17 WILL BE LOCATED WITHIN
THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z95-24. (THIS ITEM WAS CONTINUED FROM
THE 5/2/96 MEETING).
Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 8:12 p.m.
No one came forward to speak for or against the rezoning for Parcel "M" of the Sunridge Canyon Subdivision.
Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council at 8:13 p.m.
AGENDA ITEM #31 - CONSIDERATION OF ORDINANCE 96-15, REZONING 2.47± ACRES OF LAND
WITHIN AND ADJACENT TO THE PROPOSED PARCEL "M" SUBDIVISION OF THE SUNRIDGE
CANYON DEVELOPMENT FROM "OSR" TO THE "RI-10A" ZONING DISTRICT,AND;A PROPOSAL
TO REZONE 0.95± ACRES OF LAND LOCATED WITHIN AND ADJACENT TO THE PROPOSED
PARCEL"M"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM"R1-10A"TO THE
"OSR" ZONING DISTRICT, SO THAT ALL OF LOTS 1 THROUGH 17 WILL BE LOCATED WITHIN
THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z95-24.
Planner Jeff Valder asked the Council to table discussion regarding Ordinance 96-15 as additional review of the
improvement plans was needed. Mayor Cutillo MOVED to table consideration of Ordinance 96-15 to the next
Council meeting on June 6, 1996. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously.
AGENDA ITEM#32-PUBLIC HEARING ON ORDINANCE 96-16,REZONING 20.546±ACRES OF LAND
FROM THE "R1-8" TO "R1-10A PUD" ZONING DISTRICT;AND 0.794±ACRES OF LAND FROM THE •
"R1-43"TO THE "R1-10A PUD"ZONING DISTRICT;AND 140.237±ACRES OF LAND FROM THE"R1-
35" TO THE "R1-10A PUD" ZONING DISTRICT; AND 10.262± ACRES OF LAND FROM THE "R1-8"
TO THE "OSR" ZONING DISTRICT; AND 34.498± ACRES OF LAND FROM THE "R1-43" TO THE
"OSR" ZONING DISTRICT; AND 9.903± ACRES OF LAND FROM THE "R1-35" TO THE "OSR"
ZONING DISTRICT,SO THAT ALL ROADWAY SECTIONS AND ALL OF LOTS 1-87 ARE LOCATED
IN THE "R1-10A PUD" ZONING DISTRICT AND SO THAT ALL OF PARCEL "A", "B", AND "C" OF
Minutes of the Regular Session of the Town Council 05/16/96
Page 7 of 11
THE PROPOSED WESTRIDGE VILLAGE SUBDIVISION ARE LOCATED IN THE "OSR" ZONING
DISTRICT, CASE NUMBER Z96-10.
Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 8:14 p.m.
Jim Parks stated he favored the plan for Westridge Village Subdivision. Mayor Cutillo closed the public hearing
and reconvened the Regular Session of the Town Council at 8:17 p.m.
AGENDA ITEM#33-CONSIDERATION OF ORDINANCE 96-16,REZONING 20.546±ACRES OF LAND
FROM THE "R1-8" TO "R1-10A PUD" ZONING DISTRICT; AND 0.794±ACRES OF LAND FROM THE
"R1-43" TO THE "R1-10A PUD" ZONING DISTRICT;AND 10.237±ACRES OF LAND FROM THE "R1-
35" TO THE "R1-10A PUD" ZONING DISTRICT; AND 10.262± ACRES OF LAND FROM THE "R1-8"
TO THE "OSR" ZONING DISTRICT; AND 34.498± ACRES OF LAND FROM THE "R1-43" TO THE
"OSR" ZONING DISTRICT; AND 9.903± ACRES OF LAND FROM THE "R1-35" TO THE "OSR"
ZONING DISTRICT,SO THAT ALL ROADWAY SECTIONS AND ALL OF LOTS 1-87 ARE LOCATED
IN THE "R1-10A PUD" ZONING DISTRICT AND SO THAT ALL OF PARCEL "A", "B", AND "C" OF
THE PROPOSED WESTRIDGE VILLAGE SUBDIVISION ARE LOCATED IN THE "OSR" ZONING
DISTRICT, CASE NUMBER Z96-10. (THIS ITEM WAS TABLED AT THE 5/2/96 MEETING).
Mayor Cutillo MOVED to approve Ordinance 96-16 as presented along with all staff stipulations. Councilman
O'Brien SECONDED the motion. Councilwoman Wiggishoff said she was concerned about the drainage plans for
water flow into the wash area and the visibility of the drainage-way from Shea Boulevard. Town Engineer Harrel
stated a stone riprap would be constructed for drainage purposes. Councilwoman Wiggishoff suggested the retainini
walls be minimized and the drainage patterns should be revised prior to approval of a rezone request.
Dave Montgomery, the engineer for the project, said he was also concerned about drainage and plans were made
to include drainage locations between several of the lots to minimize the amount of water that would be flowing
L,. down the hills. He reviewed the location of the retaining walls on the southern perimeter and walls would jog at
the lot line of every lot between 3' and 6' in height.
The vote on the motion CARRIED with a 6-1 vote. Councilwoman Wiggishoff cast the nay vote.
AGENDA ITEM #34 - CONSIDERATION OF APPROVING THE PROPOSED VISTA DRIVE OF THE
PROPOSED WESTRIDGE VILLAGE SUBDIVISION AS (1) A COLLECTOR STREET AND (2)
APPROVAL ITS PRECISE ALIGNMENT, IN ACCORDANCE WITH THE REQUIREMENTS OF
ARTICLE III, SECTION 303, STREET LOCATION AND ARRANGEMENT, SUBSECTION 2, OF THE
FOUNTAIN HILLS SUBDIVISION ORDINANCE AS CONTAINED IN ORDINANCE #96-13.
Mr. Jeppson stated the Planning & Zoning Commission had recommended a 70' roadway with a sidewalk on only
one side for Vista Drive. This street would be included in the preliminary plat.
Councilman Lawrence MOVED the approval of the proposed Vista Drive. Vice Mayor Tibbetts SECONDED the
motion which CARRIED unanimously.
AGENDA ITEM#35 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE PROPOSED 86.24±
ACRE, 87 LOT WESTRIDGE VILLAGE DEVELOPMENT, LOCATED EAST OF PALISADES
BOULEVARD AND NORTH OF SHEA BOULEVARD, CASE NUMBER S95-080. (THIS ITEM WAS
Minutes of the Regular Session of the Town Council 05/16/96
Page 8 of 11
TABLED AT THE 5/2/96 MEETING)
Councilman Hudson MOVED to approve the preliminary plat for the Westridge Village development. Vice Mayor
Tibbetts SECONDED the motion.
Councilwoman Wiggishoff asked if there would be some assurance concerning the color of buildings in the
development. Matt Beherns, the attorney for the developer, assured the Council there would be varied colors and
roof styles along with different tile, facia and stucco treatment designs. Councilwoman Wiggishoff also asked about
the number of two story homes in the center section of the development. Mr. Beherns said the developer has
discussed height restrictions on certain lots with the adjacent neighbors.
Town Attorney Bill Farrell stated the dedication of Palisades Boulevard to the Town was expected to be completed
before the final plat was approved.
Councilman Clark AMENDED the motion to include that the plat not be recorded until acceptance of Palisades
Boulevard by the Town. Councilwoman Wiggishoff SECONDED the amendment. Mr. Farrell said he anticipated
the dedication of Palisades to be completed within the next week. The amendment CARRIED with a 6-1 vote.
Councilman O'Brien cast the nay vote.
The motion to approve the preliminary plat CARRIED unanimously.
AGENDA ITEM #36 - PUBLIC HEARING ON ORDINANCE 96-20, AMENDING CHAPTERS 3 AND 6.
OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO INCLUDE THE "COMMON
COMMERCIAL"ZONING DISTRICT IN CHAPTER 3 ESTABLISHMENT OF ZONING DISTRICTS AND
BOUNDARIES THEREOF AND CHAPTER 6 SIGN REGULATIONS. CASE #Z96-11.
cool Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 8:40 p.m. No
one came forward to speak for or against Ordinance 96-20. Mayor Cutillo closed the public hearing and reconvened
the Regular Session of the Town Council at 8:41 p.m.
AGENDA ITEM#37- CONSIDERATION OF ORDINANCE 96-20,AMENDING CHAPTERS 3 AND 6,OF
THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO INCLUDE THE "COMMON
COMMERCIAL"ZONING DISTRICT IN CHAPTER 3 ESTABLISHMENT OF ZONING DISTRICTS AND
BOUNDARIES THEREOF AND CHAPTER 6 SIGN REGULATIONS. CASE #Z96-11.
Mr.Jeppson explained the purpose of this ordinance was to include the newly created"Common Commercial"zoning
district where applicable in Chapter 3 and 6. Vice Mayor Tibbetts MOVED to approve Ordinance 96-20.
Councilman Clark SECONDED the motion which CARRIED unanimously.
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.
Minutes of the Regular Session of the Town Council 05/16/96
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AGENDA ITEM#39-PURSUANT TO A.R.S.38-431.03.A.7.,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.
Councilman Hudson MOVED to go into Executive Session. Councilwoman Wiggishoff SECONDED the motion
which CARRIED unanimously. Mayor Cutillo recessed the Regular Session at 8:44 p.m.
AGENDA ITEM #40 - RETURN TO REGULAR SESSION.
Mayor Cutillo reconvened the Regular Session of the Town Council at 9:48 p.m.
AGENDA ITEM # 28 - CONSIDERATION OF THE DEVELOPMENT AGREEMENT, TRANSFER
AGREEMENT, AND EXCHANGE AGREEMENT WITH MCO PROPERTIES REGARDING THE
EXCHANGE OF TWO PARCELS OF PROPERTY IN THE DOWNTOWN AREA AND THE POSSIBLE
TRANSFER OF TITLE OF FOUNTAIN PARK FROM MCO TO THE TOWN.
Mayor Cutillo pointed out that as approved, discussion would be continued at this time after the Executive Session.
Councilman Clark MOVED to table this agenda item until such time that staff was prepared to provide more
information. Vice Mayor Tibbetts SECONDED the motion which CARRIED unanimously.
AGENDA ITEM #41 - CONSIDERATION OF THE ACQUISITION OF 8.6 ACRES IN SUNRIDGE
CANYON FOR A FUTURE PARK SITE.
For lack of a motion, this agenda item DIED.
AGENDA ITEM #42 - ROTATION OF THE POSITION OF VICE MAYOR TO DON LAWRENCE. THE
VICE MAYOR IS AN EIGHT MONTH, ROTATING POSITION TO BE HELD BY EVERY
COUNCILMEMBER.
Mayor Cutillo congratulated Don Lawrence as the new Vice Mayor for the next eight months.
AGENDA ITEM #43 - ADJOURNMENT.
Councilwoman Wiggishoff MOVED to adjourn the meeting. Councilman O'Brien SECONDED the motion which
CARRIED unanimously. The meeting adjourned at 9:50 p.m.
Minutes of the Regular Session of the Town Council 05/16/96
Page 10 of 11
TOWN OF FOUNTAIN HILLS
By:
erry Miles, Mayor
ATTEST:
Cassie B. Hansen, Town Clerk
PREPARED BY: J tI9_ <
Linda D. Lemm n, 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 16th day of May, 1996. I further certify that the meeting was
duly called and that a quorum was present.
DATED this 6th day of June, 1996.
C
Cassie B. Hansen, Town Clerk
Minutes of the Regular Session of the Town Council 05/16/96
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