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HomeMy WebLinkAbout1996.0620.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 20, 1996 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Miles at 6:30 P.M., Thursday, June 20, 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 which was lead by Gene Johnson and the V.F.W. members present. The invocation was given by Gary Jeppson. Roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles and Vice Mayor Don Lawrence and Councilmembers Bill O'Brien, Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. 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 Miles read the Consent Agenda which consisted of the following agenda items. Agenda items 6, 7, 8 and 9 were removed for further discussion. AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 6, 1996. AGENDA ITEM #3 - CONSIDERATION OF THE RESOLUTION 1996-45, ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ADJACENT TO PARCEL C ON LOTS 29, 30,36,37, 38,42 AND 43, AND THE 20'PUBLIC UTILITY EASEMENT LOCATED IN PARCEL C,BLOCK 1,PLAT 505B(NORTH BOULDER DRIVE), AS RECORDED IN BOOK 158 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. (BEVIS & CARRILLO - EA96-23) AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1996-46,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY PROPERTY LINE OF LOT 5, BLOCK 4,PLAT 107 (14213 N. EL PUEBLO BLVD), AS RECORDED IN BOOK 141 OF MAPS, PAGE 18, RECORDS OF MARICOPA COUNTY, ARIZONA. (MOBLEY - EA96-28) AGENDA ITEM #5 - CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA THROUGH ITS DEPARTMENT OF PUBLIC SAFETY AND THE FOUNTAIN HILLS MARSHAL'S DEPARTMENT FOR MUTUAL AID IN LAW ENFORCEMENT STATEWIDE GANG TASK FORCE. THE IGA IS PART OF THE GRANT PROCESS WHICH WOULD PROVIDE 100% FUNDING FOR AN OFFICER TO PARTICIPATE AS A MEMBER OF THE STATEWIDE GANG TASK FORCE DURING WHICH TIME HE WOULD RECEIVE TRAINING AND EXPERIENCE WHICH WOULD BE BROUGHT BACK TO FOUNTAIN HILLS FOR LOCAL APPLICATIONS. AGENDA ITEM #10 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY BOB DUMAS FOR THE VETERANS OF FOREIGN WARS FOR A CEREMONY TO BE HELD ON JULY FOURTH AT 11:00 A.M. DEDICATING THE VETERAN'S MEMORIAL PARKWAY AND HONORING ALL THE MEN AND WOMEN OF THIS COUNTRY WHO HAVE RISKED THEIR LIVES IN DEFENSE OF THE FREEDOMS ENJOYED BY ALL AMERICAN CITIZENS. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Apps SECONDED the Minutes of the Regular Session of the Town Council 06/20/96 Page 1 of 9 motion. A roll call vote was taken with the following results: Councilman Apps Aye Councilman Mower Aye Councilman O'Brien Aye Vice Mayor Lawrence Aye Councilman Poma Aye Councilwoman Wiggishoff Aye Mayor Miles Aye The motion CARRIED unanimously. AGENDA ITEM#6-CONSIDERATION OF A PRELIMINARY PLAT FOR RIO VISTA CONDOMINIUMS DECLARATION OF CONDOMINIUM, LOCATED IN FINAL PLAT 201,_BLOCK 4, LOT 2. CASE #S96- 025 AGENDA ITEM #7 - CONSIDERATION OF A PRELIMINARY PLAT FOR WINDSTONE CASITAS II DECLARATION OF CONDOMINIUM, LOCATED IN FINAL PLAT 102, BLOCK 2, LOT 5. CASE#S96- 026 AGENDA ITEM #8 - CONSIDERATION OF A PRELIMINARY PLAT FOR FOUR PEAKS CONDOMINIUMS IV DECLARATION OF CONDOMINIUM,LOCATED IN FINAL PLAT 102, BLOCK 5, LOT 7. CASE #S96-027 Mayor Miles pointed out that the staff reports had indicated these items referred to consideration for approval of final plats, not preliminary plats. Town Manager Paul Nordin stated that the correct wording for final plats should have appeared on the agenda. Councilman Mower MOVED to approve Agenda Items #6, 7, and 8. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #9 - CONSIDERATION OF THE FINAL PLAT FOR THE MIRAGE COVE CONDOMINIUMS, A 7.52 ACRE, 26 UNIT CONDOMINIUM SUBDIVISION, LOCATED ON LOTS 1 THROUGH 7 OF PLAT 414 AND LOT 7, BLOCK 8 OF PLAT 412-A, ALSO LOCATED SOUTH AND SOUTHEAST OF SAGUARO BOULEVARD,SOUTH AND WEST OF TECHNOLOGY DRIVE AND EAST OF LAST TRAIL DRIVE, CASE NUMBER S95-077. Town Engineer Randy Harrel recommended the modification of Stipulation #5 in the staff report to read "Abandonment of the 10' public utility easement along the entire southern and southeastern property line shall be submitted to the utilities and to the Town for recordation". He stated this change would enable the applicant to record his Final Plat prior to actual Council approval for easement abandonments. Councilman Poma MOVED to approve Agenda item#9 as changed. Councilman Mower SECONDED the motion which CARRIED unanimously. AGENDA ITEM #11 - CONSIDERATION OF RESOLUTION 1996-47, SUPPORTING THE EFFORT TO REVERSE THE FEDERAL DRUG ADMINISTRATION'S DECISION REGARDING THE ALTERNATIVE MEDICAL TREATMENT OF ZACHARY MCCONNELL; AND SUPPORTING LEGISLATION BROADENING THE AVAILABILITY OF MEDICAL TREATMENT ALTERNATIVES. Minutes of the Regular Session of the Town Council 06/20/96 Page 2 of 9 Vice Mayor Lawrence stated this resolution was an expression on behalf of citizens in the community in support of Zachery McConnell and his family. He said the family was currently petitioning the FDA to allow the use of a experimental drug for cancer. This petition would be forwarded to the FDA in an attempt to reverse a past decision for use of the drug Zachery needs and would also be forwarded to Congress as they were considering a bill supporting medical treatment alternatives. Vice Mayor Lawrence then MOVED for adoption of Resolution 1996-47 as presented. Councilman Poma SECONDED the motion. Vice Mayor Lawrence introduced Mr. Doug Nick, District Director for Congressman J. B. Hayworth, who addressed the Council. Congressman Hayworth was presently co-sponsoring a bill entitled Access to Medical Treatment Act which would address needs similar to the McConnell family's. He commended the community for supporting this matter. Shawn McConnell, Zachery's father, thanked the Council for their support and said it personally meant alot to his family. The motion CARRIED unanimously. Vice Mayor Lawrence then introduced Zachery McConnell and his family to the audience and presented him a copies of the resolution. AGENDA ITEM #12 - PRESENTATION OF CERTIFICATES OF APPRECIATION BY LOCAL V.F.W. PRESIDENT GENE JOHNSON AND PAST PRESIDENT BOB DUMAS TO FORMER MAYOR JOHN CUTILLO,VICE MAYOR DON LAWRENCE,FORMER COUNCILMEMBERS WALLY HUDSON,PEG TIBBETTS AND FRANK CLARK, AND COUNCILMEMBERS BILL O'BRIEN AND MARIANNE WIGGISHOFF FOR THEIR ASSISTANCE AND SUPPORT OF ESTABLISHING THE VETERAN'S MEMORIAL PARKWAY IN FOUNTAIN HILLS. lkiso V.F.W. President Gene Johnson read the certificates of appreciation presented to former Mayor John Cutillo, Vice Mayor Lawrence, Councilmembers Bill O'Brien and Marianne Wiggishoff as well as former councilmembers Wally Hudson,Peg Tibbetts and Frank Clark. He announced the dedication ceremony for the Veteran's Memorial Parkway would be held in Fountain Park on July 4, 1996 at 11:00 a.m. AGENDA ITEM #13 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Magistrate Shoob presented the monthly report for the month of May, 1996. He stated there were 383 cases filed during the month of May with a total caseload of 4,073 to date. The monthly gross revenue for the courts was $30,234;however Judge Shoob reminded the Council that percentages of this money were sent to the State mandated as surcharges on fines. AGENDA ITEM#14-CONSIDERATION OF THE COMMITTEE RECOMMENDATION MADE BY THE JOHN CUTILLO RECOGNITION COMMITTEE TO HONOR THE SIX AND A HALF YEAR TENURE OF FIRST AND FORMER MAYOR JOHN CUTILLO. Vice Mayor Lawrence, serving as the Chairman of the committee, stated his committee had made two recommendations, one for immediate recognition and the other as a long-term recognition. The immediate recognition was a proposal to host a reception at the Community Center for all citizens of Fountain Hills either July 10th or 17th, 1996. A slideshow and honorary plaque would be part of the reception. Vice Mayor Lawrence Minutes of the Regular Session of the Town Council 06/20/96 Page 3 of 9 MOVED to accept the immediate recognition of the committee. Councilman Poma SECONDED the motion which CARRIED unanimously. Councilman Pen Mower MOVED to table the decision regarding a long-term recognition for further discussion. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM #15 - CONSIDERATION OF DIRECTING STAFF TO EXPLORE POSSIBLE OPTIONS AND EXAMINE LEGAL PARAMETERS FOR THE TOWN OF FOUNTAIN HILLS TO FINANCIALLY ASSIST THE FOUNTAIN HILLS SCHOOL DISTRICT. Vice Mayor Lawrence indicated he had received calls from residents in Fountain Hills inquiring whether the Town could help the school district. He requested the Council direct staff to explore the possibilities and return to the Council with information relating to legal options the Town could take. Vice Mayor Lawrence MOVED to direct staff to examine legal options and report back to the Council by July 11th or by the first meeting in August. Councilman Apps SECONDED the motion. Al Lorenz encouraged the Council to support the school district and agreed with Councilman Lawrence that this was one community, one tax base all for the citizens of Fountain Hills. The motion CARRIED unanimously. AGENDA ITEM #16 - CONSIDERATION OF ORDINANCE 96-26, AMENDING THE TOWN CODE; CHAPTER 7"BUILDINGS AND BUILDING REGULATIONS" BY ADDING A NEW ARTICLE 7-6 NOISE REGULATIONS DURING CONSTRUCTION WORK. Councilwoman Wiggishoff recognized the many groups and people who had contributed to the proposed ordinance. Mr.Nordin reviewed the proposed ordinance and referred to it not as a construction start-up time ordinance but rather a noise ordinance. He stated that after researching legal alternatives, it was found the Town could not legally issue a stop-work order to violators of this ordinance. Mayor Miles reviewed the exceptions to the ordinance which included concrete flatwork,perishable landscape material delivery and pest control work. Councilwoman Wiggishoff said she thought it was important for residents to understand that this ordinance was not about start times because noises were the problem. Councilwoman Wiggishoff MOVED to approve Ordinance 96-26 as presented. Councilman Mower SECONDED the motion. John Bercel, Secretary of the Fountain Hills Association of Licensed Contractors, endorsed the proposed ordinance and offered to education members of his association. He asked that copies of the ordinance be provided to anyone who was issued a building permit for at least the next twelve-month period. Councilman Apps said he was concerned about response time to complaints and stated he understood the Marshal's Dept. was in the process of creating an immediate dispatch program. Mayor Miles said he had talked to officials with SRP and they were seeking to allow new homes immediate access to electrical power rather than use contractors' generators. Juanita Reithead and Ron Waning both addressed the Council and supported the ordinance. Mark Lesnick favored the ordinance and said he would like stricter provisions. Tammie Rothermel asked if homeowners were subject to this ordinance on Sundays. Mayor Miles said they would be subject to the same terms as contractors. Councilman Mower pointed out the ordinance applied to all contractors working in the community. Wendall Oliphant asked if hand tools were appropriate to enable laborers to work early morning hours. Mayor Miles assured him that only mechanically, gasoline-powered, or electrically-powered equipment was governed by this noise ordinance. Bill McGivern asked about owner-builder's being exempt. Mayor Miles said residents doing home repair work would abide by the time limitations but the ending time was permitted until 10:00 p.m. The motion CARRIED unanimously. Minutes of the Regular Session of the Town Council 06/20/96 Page 4 of 9 AGENDA ITEM#17-CONSIDERATION OF ORDINANCE 96-23, REPEALING ORDINANCE 95-22 AND ANNEXING CERTAIN REAL PROPERTY LOCATED IN SECTION 17, TOWNSHIP 3 NORTH, RANGE 6 EAST WHICH IS ADJACENT TO THE EXISTING TOWN LIMITS AND IS BEING ANNEXED PURSUANT TO A.R.S. 9-471.02. THIS ORDINANCE ANNEXES APPROXIMATELY 100 ACRES OF LAND CONSISTING OF PRIVATE PROPERTY AND A PORTION OF PALISADES BOULEVARD CURRENTLY IN THE CITY OF SCOTTSDALE; AND AUTHORIZES STAFF TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF SCOTTSDALE PROVIDING FOR THE REZONING OF THE PARCEL TO R1-6 AND FOR A STREET CONNECTION BETWEEN SCOTTSDALE AND FOUNTAIN HILLS AT A LOCATION OTHER THAN SHEA BOULEVARD. Mr. Nordin stated a copy of an intergovernmental agreement with Scottsdale had been provided to Councilmembers and the northern 100-acre parcel was located in the Eagle Ridge parcel, south and west of Sunridge Canyon. He said Maricopa County would then be required to approve of the de-annexation/annexation. He pointed out that a separate action would be necessary for re-zoning of the 100 acres. He explained that the stipulation regarding road access to Scottsdale would result in a minor arterial collector street, not a four lane, divided highway. Mayor Miles asked Marshal Gendler if he anticipated problems with this arterial street. Marshal Gendler indicated he had no problem with it. Vice Mayor Lawrence MOVED the adoption of Ordinance 96-23 and to authorize execution of the intergovernmental agreement as presented. Councilman Apps SECONDED the motion. Councilman Poma asked about the connecting street. Marshal Gendler said it was his understanding the street would be an extension of Palomino Boulevard or intersect at SunRidge and Palomino as an extension of Via Linda in Scottsdale. Roy Kinsey, speaking as Chairman of the McDowell Mountain Preservation Commission, urged the Council to consider limiting the impact of the views as the roadway was constructed. The motion CARRIED unanimously. AGENDA ITEM #18 - PUBLIC HEARING TO RECEIVE TESTIMONY ON A SPECIAL USE PERMIT APPLICATION FOR A CONSTRUCTION EQUIPMENT STORAGE YARD AS A SPECIAL USE IN A "C- 3" ZONING DISTRICT, TO BE LOCATED AT 12008 N. COLONY DRIVE, AKA FINAL PLAT 205, BLOCK 2, LOT 9, CASE NUMBER SU96-03. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:40 p.m. Director of Community Development Gary Jeppson gave a brief staff report. He said the permit would apply to the parcel located at the corner of Colony and Panorama Drive. He reviewed the stipulations included as part of permit approval. Elaine Rudd asked why the applicant was using the property for equipment storage prior to receiving approval of the special use permit. Mr. Jeppson stated other organizations had been granted permission to start their usage prior to the permit being approved and the applicant was given the same privilege. Councilman Poma stated the applicant had to move his equipment off the Indian reservation and had nowhere else to go. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council meeting at 7:44 p.m. Minutes of the Regular Session of the Town Council 06/20/96 Page 5 of 9 AGENDA ITEM #19 - CONSIDERATION OF A SPECIAL USE PERMIT FOR A CONSTRUCTION EQUIPMENT STORAGE YARD AS A SPECIAL USE IN A "C-3" ZONING DISTRICT,TO BE LOCATED 41100, AT 12008 N. COLONY DRIVE, AKA FINAL PLAT 205, BLOCK 2, LOT 9, CASE NUMBER SU96-03. Councilman Apps MOVED to approve the special use permit. Vice Mayor Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM #20 - CONSIDERATION OF A PRELIMINARY PLAT FOR LITTLE FOUNTAINS, AN 88-UNIT CONDOMINIUM PLAT, LOCATED EAST OF SAGUARO BLVD., NORTH OF THE BAPTIST CHURCH, SOUTH OF HAGEN WASH AND WEST OF THE FORT MCDOWELL INDIAN RESERVATION. CASE #S95-084. Planner Jeff Valder pointed out the location of the 88-unit condominium project. He said staff had worked with the applicant and that height elevations had been changed. Vice Mayor Lawrence MOVED to approve the preliminary plat for Little Fountains condominium project. Councilwoman Wiggishoff SECONDED the motion. Councilman Mower asked if the developer was aware of the stipulations included in the staff report. Mr. Valder said the applicant had accepted these stipulations as part of the approval for the preliminary plat. Councilwoman Wiggishoff pointed out that the proposed development had met the zoning regulations but the underlying zoning did not conform to the General Plan. Mayor Miles said he had asked the Planning & Zoning Commission to set the height limitations for apartment houses not to exceed two-stories. Vice Mayor Lawrence pointed out that under the current zoning, 183 dwelling units were permitted and that 50% of the property had been dedicated to a hillside protection easement. The motion CARRIED unanimously. AGENDA ITEM #21 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON A PROPOSAL TO REZONE 1.269± ACRES OF LAND WITHIN THE PROPOSED PARCEL "B" SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "R1-6A" TO THE "OSR" ZONING DISTRICT,SO THAT ONLY THE NON-LOTTED TRACTS OF LAND WITHIN THE PROPOSED FINAL PLAT FOR THE SUNRIDGE CANYON PARCEL "B" WILL BE LOCATED WITHIN THE "OSR" ZONING DISTRICT, CASE NUMBER Z96-05. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 7:51 p.m. Mr. Valder stated this 20-lot project west of Golden Eagle Boulevard and across from Golden Eagle Park. He said the applicant had changed the rezone request to include almost all of the property to OSR, Open Space Recreational. Mr. Valder said the stipulation concerning wash vegetation was included to require the applicant to re-vegetate the area after water and sewer construction had been finalized. He also pointed out Aspen Wash was part of a future trails plan and was not considered as pristine in character. Ray Baldwin, Sunridge Canyon, pointed out that the Area Specific Plan had provided for undeveloped areas to be zoned for open space. He said of the six recorded plats to date, an increase of over 12 acres had been accomplished as open space. Tom Willet asked for clarification to the rezone request. Mr. Jeppson said the Area Specific Plan had required the applicant to re-zone to open space all areas not intended for development. Mr. Valder stated this rezone would change the zoning for the portion of the wash currently zoned R1-6A in addition to open space tracts along exterior streets. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 7:59 p.m. Minutes of the Regular Session of the Town Council 06/20/96 Page 6 of 9 AGENDA ITEM#22 - CONSIDERATION OF ORDINANCE 96-24, REZONING 1.269±ACRES OF LAND WITHIN THE PROPOSED PARCEL "B"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM THE "R1-6A" TO THE "OSR" ZONING DISTRICT, SO THAT ONLY THE NON-LOTTED TRACTS OF LAND WITHIN THE PROPOSED FINAL PLAT FOR THE SUNRIDGE CANYON PARCEL "B" WILL BE LOCATED WITHIN THE "OSR" ZONING DISTRICT, CASE NUMBER Z96-05. Councilwoman Wiggishoff MOVED to approve Ordinance 96-24. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM#23-CONSIDERATION OF THE FINAL PLAT OF SUNRIDGE CANYON PARCEL "B", AN 8.651 ACRE, 20-LOT SUBDIVISION LOCATED WEST OF GOLDEN EAGLE BOULEVARD AND SOUTH OF SIERRA MADRE DRIVE, CASE NUMBER S95-096. Mr. Valder stated the zoning change needed to be approved prior to the approval of the Final Plat. Councilwoman Wiggishoff MOVED to approve Case Number S96-096. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #24 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON A PROPOSAL TO REZONE 1.099± ACRES OF LAND WITHIN THE PROPOSED PARCEL "H" SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM "OSR" TO THE "R1-10A" ZONING DISTRICT, SO THAT ALL OF THE NON-LOTTED TRACTS OF LAND WITHIN THE PROPOSED SUBDIVISION WILL BE LOCATED WITHIN THE "OSR" ZONING DISTRICT, AND; A PROPOSAL TO REZONE 9.212± ACRES OF LAND LOCATED WITHIN THE PROPOSED PARCEL "H" SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM "R1-10A" TO THE "OSR" ZONING DISTRICT, SO THAT ALL OF LOTS 1 THROUGH 45 WILL BE LOCATED WITHIN THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z96-06. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing at 8:01 p.m. Mr. Valder explained this public hearing was the same concept as was held for Parcel B, that being to included all undeveloped land into an OSR district. He said there would be no increase in the number of lots and a new increase of eight acres of open space zoned property. Mr. Valder said this subdivision would contain 45 lots. Ray Baldwin, Sunridge Canyon, pointed out the Area Specific Plan had allowed for 81 units and the rezone request would allow for 45 units. Bob Moser asked if ridgeline development would occur. Mr. Baldwin answered that this ridgeline development would include a minimal number of lots on Palisades and that height limits of 22' would be imposed in the CC&R's. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council at 8:09 p.m. AGENDA ITEM#25 - CONSIDERATION OF ORDINANCE 96-25, REZONING 1.099±ACRES OF LAND WITHIN THE PROPOSED PARCEL"H"SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM "OSR"TO THE "R1-10A" ZONING DISTRICT,SO THAT ALL OF THE NON-LOTTED TRACTS OF LAND WITHIN THE PROPOSED SUBDIVISION WILL BE LOCATED WITHIN THE "OSR" ZONING DISTRICT, AND; A PROPOSAL TO REZONE 9.212± ACRES OF LAND LOCATED WITHIN THE PROPOSED PARCEL "H" SUBDIVISION OF THE SUNRIDGE CANYON DEVELOPMENT FROM "R1-10A" TO THE "OSR" ZONING DISTRICT, SO THAT ALL OF LOTS 1 THROUGH 45 WILL BE Minutes of the Regular Session of the Town Council 06/20/96 Page 7 of 9 LOCATED WITHIN THE "R1-10A" ZONING DISTRICT, CASE NUMBER Z96-06. Councilwoman Wiggishoff MOVED to approve Ordinance 96-25. Councilman Mower SECONDED the motion which CARRIED unanimously. AGENDA ITEM#26-CONSIDERATION OF THE FINAL PLAT OF SUNRIDGE CANYON PARCEL "H", A 37.125 ACRE, 45-LOT SUBDIVISION LOCATED NORTHEAST OF PALISADES BOULEVARD AND SOUTHWEST OF GOLDEN EAGLE BOULEVARD, CASE NUMBER S95-098. Councilwoman Wiggishoff MOVED to approve Case Number S95-098. Vice Mayor Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM #27 - CONTINUED REVIEW AND CONSIDERATION OF THE PROPOSED BUDGET FOR THE TOWN OF FOUNTAIN HILLS FOR THE 96/97 FISCAL YEAR. ALL ASPECTS OF REVENUES AND EXPENDITURES WILL BE DISCUSSED AND CONSIDERED. Town Manager Nordin stated staff did not have anything further to submit regarding the proposed budget. Councilman O'Brien asked if the development of Kiwanis Park was included in next year's budget requests. Mr. Nordin said a memo had been issued to the Council and that the request was too late to be included in the budget previously discussed. He did affirm that additional requests could be included in the budget. Councilman O'Brien MOVED to include$50,000 to be considered under the Parks&Recreation Department budget for the development of Kiwanis Park. Vice Mayor Lawrence SECONDED the motion. (41100 Director of Parks & Recreation Robin Goodman stated this request was presented to the Parks & Recreation Commission at their last meeting by Bob Travis on behalf of the Sunset Kiwanis Club. She stated he had requested the expenditure to cover paving of 21-22 parking spaces, site lighting and a buffer wall. Mayor Miles asked if this is what staff had recommended. Director Goodman said other than paving the parking spaces, the proposal was not recommended by the Parks & Recreation Commission. Mr.Nordin stated he had reservations about proceeding with Kiwanis Park given the recent discussions and proposed expenditures regarding the acquisition of Fountain Park. He proposed the Council direct staff to study this item further as part of the 5-year CIP and the future acquisition of Heritage grants. Councilwoman Wiggishoff MOVED to continue discussion regarding Kiwanis Park until the next meeting, July 11th. Councilman Poma SECONDED the motion. Councilman O'Brien asked if the number of parking spaces would meet the legal requirements. Town Engineer Harrel replied that no calculations had been made to date. The motion CARRIED with a 6-1 vote. Councilman Mower cast the nay vote. AGENDA ITEM #28 - CALL TO THE PUBLIC. Al Lorenz spoke as a member of the Parks & Recreation Commission. He stated the Kiwanis member presented his request with matching funds available from the Kiwanis Club. He said the Kiwanis Club had planned to spend $10,000 with improvements to the property. Minutes of the Regular Session of the Town Council 06/20/96 Page 8 of 9 AGENDA ITEM #29 - PURSUANT TO A.R.S. 38-431.03.A.7. AND 38-431.03.A.3, 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 DISCUSSION OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY, RESPECTIVELY. Councilman Poma MOVED to go into Executive Session. Councilman Apps SECONDED the motion which CARRIED unanimously. Mayor Miles recessed the Regular Session at 8:25 p.m. AGENDA ITEM #27 - RETURN TO REGULAR SESSION. Mayor Miles reconvened the Regular Session of the Town Council at 9:35 p.m. AGENDA ITEM #28 - ADJOURNMENT. Councilwoman Wiggishoff MOVED to adjourn the meeting. Councilman O'Brien SECONDED the motion which CARRIED unanimously. The meeting was adjourned at 9:36 p.m. TOWN OF FOUNTAIN HILLS By: Jerry Miles),Mayor / A 1"1'hST: 61-114-tjk....q5 Cassie B. Hansen, Town Clerk PREPARED BY: Linda D. Lemt\ten, 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 4th day of January, 1996. I further certify that the meeting was duly called and that a quorum was present. DATED this 18th day of January, 1996. OttAliA Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 06/20/96 Page 9 of 9