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HomeMy WebLinkAbout1996.0919.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL SEPTEMBER 19, 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, September 19, 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 led by Ashley Aaron, Megan Ann Perrin, Dava Christman, and Kathryn Christman of Brownie Scouts Troop 1059 and the invocation by Pastor Joel Bjerkstrand from the Shepherd of the Hills Lutheran Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Jerry Miles, and Councilmembers Bill O'Brien, Marianne Wiggishoff, Sid Apps, Al Poma and Penfield Mower. Vice Mayor Lawrence was absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Director of Community Development Gary Jeppson and Town Engineer Randy Harrel. Mayor Miles read the Consent Agenda which contained the following agenda items. Agenda Items #11 and #12 were removed for further discussion. AGENDA ITEM#2 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF SEPTEMBER 3RD, 5TH AND 10TH, 1996. AGENDA ITEM #3 - CONSIDERATION OF THE SPECIAL EVENT REQUEST SUBMITTED BY THE SUNSET KIWANIS FOR A DUATHALON TO BE HELD ON SUNDAY, SEPTEMBER 29, 1996. NO 4116, STREET CLOSURES WILL BE REQUIRED. AGENDA ITEM#4-CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE SUBMITTED BY BRUCE CONKLIN FOR THE AMERICAN LEGION POST#58 FOR SATURDAY,SEPTEMBER 28, 1996 FROM 10:00 A.M. TO 6:00 P.M. THE AMERICAN LEGION DESIRES TO HAVE A BEER GARDEN BEHIND THEIR BUILDING DURING THE CELEBRATION OF THEIR GRAND OPENING. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1996-67, CANVASSING THE RESULTS OF THE SPECIAL BOND ELECTION HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS ON SEPTEMBER 10,1996,AND TO CONSIDER AND ADOPT A RESOLUTION DECLARING THE RESULTS OF SUCH ELECTION. AGENDA ITEM #6 - CONSIDERATION OF AN AMENDMENT TO THE LAW ENFORCEMENT CONTRACT WITH MARICOPA COUNTY SHERIFF'S OFFICE INCREASING THE LEVEL OF SERVICE FROM 1.5 BEATS TO 2.0 BEATS AND INCREASING THE COST FROM $610,000 TO $762,234. THIS INCREASE WAS APPROVED IN THE 1996/97 FISCAL BUDGET. AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1996-65,ABANDONING WHATEVER RIGHT, TITLE,OR INTEREST THE TOWN HAS IN A PORTION OF EAGLE MOUNTAIN PARKWAY RIGHT- OF-WAY AND WESTWIND DRIVE RIGHT-OF-WAY,AS RECORDED IN BOOK 401 OF MAPS,PAGE 18, RECORDS OF MARICOPA COUNTY, ARIZONA, WITH STIPULATIONS. (EAGLE MOUNTAIN - ROW96-06) AGENDA ITEM#8-CONSIDERATION OF RESOLUTION 1996-66,ABANDONING WHATEVER RIGHT, r.` Minutes of the Regular Session of the Town Council 9/19/96 Page 1 of 9 TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN PUBLIC UTILITY, SLOPE AND STORM DRAIN EASEMENTS ADJACENT TO PORTIONS OF EAGLE MOUNTAIN PARKWAY RIGHT-OF-WAY AND WESTWIND DRIVE RIGHT-OF-WAY, AS RECORDED IN BOOK 401 OF MAPS, PAGE 18, RECORDS OF MARICOPA COUNTY,ARIZONA,WITH STIPULATIONS.(EAGLE MOUNTAIN-EA96- M1 AGENDA ITEM #9 - CONSIDERATION OF A FINAL REPLAT FOR LOTS 13 & 14, BLOCK 1, FINAL PLAT 102,A LOT JOIN PROJECT LOCATED AT 13652 AND 13805 NORTH SAGUARO BOULEVARD. CASE # S96-040 AGENDA ITEM #10 - CONSIDERATION OF THE REPLAT OF PARCEL C-3 OF THE EAGLE MOUNTAIN MASTER PLAT. AGENDA ITEM #13 - CONSIDERATION OF AUTHORIZING THE APPLICATION FOR A GRANT THROUGH THE GOVERNORS DIVISION OF DRUG POLICY FOR A LOCAL DARE OFFICER. Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read. Councilman Mower SECONDED the motion. A roll call vote was taken with the following results: Councilwoman Wiggishoff Aye Councilman Apps Aye Councilman Mower Aye Councilman O'Brien Aye Councilman Poma Aye Mayor Miles Aye The motion CARRIED unanimously. L AGENDA ITEM #11 - CONSIDERATION OF A PRELIMINARY PLAT FOR EAGLE MOUNTAIN PARCEL 3B IN PARCEL 3 OF THE EAGLE MOUNTAIN MASTER PLAT. Director of Community Development Gary Jeppson stated the developer had requested preliminary plat approval for the 21-acre parcel which contained 20 platted lots and was zoned R1-6A. He said single-family detached homes were planned and that no rezoning action was being requested. Mayor Miles asked if it was possible to re-subdivide lots in this subdivision since the platted lots were larger than what the zoning district required. Mr. Jeppson answered that a property owner could buy several lots and replat those lots. Mayor Miles asked Town Attorney Farrell if the Council could prevent further sub-dividing of the plat. Mr. Farrell answered that the Council would have the ultimate approval power in deciding whether a replat of an existing plat was appropriate. Councilwoman Wiggishoff suggested the size of the lots should be designed to conform with the standards of the zoning district. Steve Pritulsky, Denro Eagle Mountain Investors, LLC, represented the applicant and offered to require a covenant through a deed restriction be prepared to prevent re-subdivision of the lots in Parcel 3-B. He said the covenant could be completed prior to the approval of the Final Plat. He said he preferred not to change the current zoning to retain flexibility for development. Councilman Mower MOVED to approve the preliminary plat with the stipulation that prior to final plat approval a covenant be recorded to prevent further re-subdivision of Parcel 3-B. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 9/19/96 Page 2 of 9 AGENDA ITEM#12-CONSIDERATION OF RENEWING THE ANNUAL STREET MAINTENANCE AND CONSTRUCTION CONTRACTS FOR: CONCRETE,ASPHALT,SLURRY SEAL,EMULSION SEAL AND g LANDSCAPING. 1 Mayor Miles stated the contract amount in the budget had stated flg0070013$770,000 and he had noticed the total of these contracts was$900,000. He said the increased figure was proported to be based upon the consumer price index of 4.7% and he had researched the rate to be around 3%. Town Engineer Randy Harrel explained that the contract authorization request for $900,000 was not a request for actual funds but to allow a contingency in costs between contracts. He estimated a 20% flexibility between figures for contracts based upon the amount of work completed in each work category. He said the Phoenix metropolitan Consumer Price Index was the method of adjusting contract prices from year to year. Councilman O'Brien asked Mr. Harrel why he couldn't work with the $770,000 amount which appeared in the budget rather than allow extra contingency funds. Mr. Nordin suggested staff could notify the Council when the individual contracts began to exceed the budgeted figure. Mr.Harrel assured the Council that if only the budget limit was approved, funding requests for projects exceeding the budgeted figures was imminent. Councilman Poma MOVED to approve the signature of the renewal of the various street maintenance and improvement contracts with the provision that if costs exceeded the contract price, staff would notify the Council and request further authorization. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #14 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB AND COMMENDATION ON THE COURT'S ACCOMPLISHMENTS BY COUNCILMAN POMA. Judge Shoob said the monthly report for the month of August was fairly light in activity but did include two major NOW jury trials. He stated his staff had cleaned files and storage areas in addition to their regular duties. Councilman Poma commended Judge Shoob and his staff regarding the recent news article which acknowledged the excellent rate of collections and public service. AGENDA ITEM #15 - PRESENTATION OF PLAQUE OF APPRECIATION TO BRENT BITTERMAN. Director of Parks&Recreation Robin Goodman informed the Council of the Eagle Scout project of Brent Bitterman. Mr.Bitterman and his troop refinished and relocated a bridge at Golden Eagle Park. Mr.Bitterman thanked the staff and Parks & Recreation Commission as well as businesses that contributed materials. He estimated the total cost for the project to be $80.00. Mayor Miles congratulated Mr. Bitterman and said he would be presenting the plaque at Mr. Bitterman's Court of Honor ceremony. AGENDA ITEM #16 - CONSIDERATION OF APPOINTING FOUR CITIZENS TO TWO-YEAR TERMS AS MEMBERS OF THE PLANNING & ZONING COMMISSION, BEGINNING OCTOBER 1, 1996 TO SEPTEMBER 30, 1998. Councilwoman Wiggishoff MOVED to appoint Margaret Gelinas, Leeza Fraverd, Judy Dragiewicz and Robert Howes as members of the Planning & Zoning Commission to serve a two year term. Councilman O'Brien SECONDED the motion which CARRIED unanimously. Minutes of the Regular Session of the Town Council 9/19/96 Page 3 of 9 AGENDA ITEM #17 - CONSIDERATION OF APPOINTING A YOUTH COMMISSIONER TO THE PARKS AND RECREATION COMMISSION. Councilman O'Brien MOVED to appoint Autumn Mast as a youth commissioner to the Parks and Recreation Commission. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #18 - DISCUSSION, WITH POSSIBLE DIRECTION TO STAFF, CONCERNING PROBLEMS THE TOWN IS EXPERIENCING DUE TO CHAPARRAL CITY WATER COMPANY'S INABILITY TO REPAIR WATER LEAKS IN A TIMELY FASHION. Town Engineer Randy Harrel stated that during the last three years,Chaparral City Water Company had experienced substantial problems with water service main and PVC piping leakages. He commended the operational field personnel and stated the budget projections for CCWC needed to be adjusted to cover maintenance and additional repair expenses. He estimated a $4-5 million dollar deferred maintenance program for the next 5-10 years. Mr. Nordin reported he had been informed that there were 60 areas currently in need of repairs and completion within the area east of Fountain Hills Boulevard. Mr. Harrel stated no time requirements concerning the timeliness for repair of leakages existed and various pipe locations required replacement of water main lines. Gregg Bielli, Vice President of MCO Properties and Chaparral City Water Company,offered to meet with the Town Engineer to work out scheduled repairs and concerns. He pledged to report back to the Council. Mr. Harrel stated he thought the main problem with the water line leakages was the polyethylene pipes and 4" Blue Bell PVC cul-de- sac main pipes which needed to be replaced rather than repaired. Both Councilman Poma and O'Brien asked if Mr.Nordin could provide recent figures relative to other communities' experience with costs associated with water main pipe repairs and replacement. AGENDA ITEM#21 -PUBLIC HEARING TO RECEIVE COMMENTS ON A PROPOSED AMENDMENT TO THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PERMIT TEMPORARY CONSTRUCTION EQUIPMENT AND STORAGE YARDS FOR CONSTRUCTION ACTIVITIES THAT TAKE PLACE IN PUBLIC RIGHTS-OF-WAY IN ANY ZONING DISTRICT BY TEMPORARY USE PERMIT, CASE NUMBER Z96-25. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing. Mr. Jeppson stated this amendment would provide for temporary construction equipment and storage yards for construction activities with a temporary use permit. Several stipulations regarding lighting, fencing, no setback encroachment, no parking outside the fenced area, no odors, dust, etc. from the yard, subject to noise and hillside standards and revegetation requirements. No one came forward from the public to speak for or against the amendment. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council. AGENDA ITEM #22 - CONSIDERATION OF ORDINANCE 96-35, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO PERMIT TEMPORARY CONSTRUCTION EQUIPMENT AND STORAGE YARDS FOR CONSTRUCTION ACTIVITIES THAT TAKE PLACE IN PUBLIC RIGHTS-OF-WAY IN ANY ZONING DISTRICT BY TEMPORARY USE PERMIT, CASE NUMBER Z96-25. Minutes of the Regular Session of the Town Council 9/19/96 Page 4 of 9 Councilwoman Wiggishoff MOVED to approve Ordinance 96-35. Councilman Poma SECONDED the motion which CARRIED unanimously. L AGENDA ITEM #19 - PUBLIC HEARING ON ORDINANCE 96-29, ADOPTING THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE, AUGUST 9, 1996, AND REPEALING ANY AND ALL ORDINANCES WHICH CONFLICT WITH THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE,AUGUST 9, 1996. THIS ITEM WAS CONTINUED FROM THE AUGUST 15TH COUNCIL MEETING. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing. No one came forward to speak for or against the Subdivision Ordinance. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council. AGENDA ITEM#20-CONSIDERATION OF ORDINANCE 96-29,ADOPTING THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE,AUGUST 9, 1996,AND REPEALING ANY AND ALL ORDINANCES WHICH CONFLICT WITH THE TOWN OF FOUNTAIN HILLS SUBDIVISION ORDINANCE,AUGUST 9, 1996. Mayor Miles reviewed the a series of proposed amendments and possible changes to the Subdivision Ordinance. Councilman Poma MOVED to approve Ordinance 96-29 as submitted. Councilwoman Wiggishoff SECONDED the motion. Councilman Mower AMENDED MOVED TO AMEND the motion to include Amendment #2 ("Mower Amendment") relating to graduated slope approach to disturbance. Councilwoman Wiggishoff SECONDED the amendment. Mayor Miles clarified explained that the amendment by-stating-it contained language to provide for disturbance allowances relative to the percent of slope. Mayor Miles asked Gary Jeppson if staff would have any difficulty administering the amendment. Mr. Jeppson replied that staff would not. Councilman O'Brien stated steeper hillside areas should necessitate more restrictive disturbance. Councilman Mower said this amendment would not eliminate the hillside transfer procedures. Councilwoman Wiggishoff said she thought that using the graduated slope approach, the disturbance calculations would be more difficult to establish. Edgar Kehe spoke in favor of preserving the hillside areas. Margaret Gelinas said she thought the amendment should be more restrictive to prevent total disturbance allowances regardless of whether it was in hillside areas or not. Gordon Pittsenbarger stated if road disturbance was included, the construction area for homes would be limited. The amendment CARRIED with a 4-2 vote. Councilwoman Wiggishoff and Poma cast the nay votes. Director of Community Development Gary Jeppson explained that proposed Amendment#4 as combined language clarification, revised scale requirements for larger plats, revised fencing, no buffer requirements and revised landscaping requirement timetable. Councilwoman Wiggishoff AMENDED MOVED adoption of the-metier-te include Amendment#4. Councilman Poma SECONDED the amendment which CARRIED unanimously. Town Engineer Randy Harrel predicted the Council would be asked for numerous cut and fill requests for all mountain and hillside plats. He suggested this matter could be determined at the staff level. Councilman Poma AMENDED MOVED to amend the motion to include Amendment#5 which would give the authority to approve cut and fill waivers within the streets to the Town Engineer. Councilman Apps SECONDED the amendment. Councilwoman Wiggishoff opposed the amendment and stated incentives for developers to construct roads with the environment would remain if cut and fill waiver requests were approved or denied at the Council level. Councilman O'Brien and Apps agreed with Councilwoman Wiggishoff's comments. The amendment FAILED with a unanimous Minutes of the Regular Session of the Town Council 9/19/96 Page 5 of 9 vote. Lor Councilman O'Brien asked if a new edition of the Subdivision Ordinance as revised and amended could be provided to assure the Council that everything previously approved and agreed to was included. Town Attorney Farrell stated a Resolution would be presented at the next regular Council meeting to adopt the completed updated text of the Subdivision Ordinance. Gordon Pittsenbarger, on behalf of the Fountain Hills Licensed Contractors Association, asked the Council to consider the elimination of the 10' and 20' buffer zones around homes, eliminate driveway and utility trenches from disturbance calculations along with the disturbance requirements around retaining walls. Councilman Poma AMENDED MOVED to amend the motion to include the removal of "buffers" from the disturbance calculations. Councilman Apps SECONDED the amendment. The amendment FAILED with a 4-2 vote. Councilman Poma and Apps cast the aye votes. Greg Bielli, MCO Properties, asked for clarification regarding the Mower Amendment#2. He stated the version he had eliminated the options of lot by lot or hillside protection easement development and stated he understood those options were still available. Mayor Miles assured him that the options remained. Margaret Gelinas predicted property owners building a home on an acre lot would need 15,000 square feet of disturbance. She stated her concerns regarding the restriction of construction of larger homes on 2-acre hillside lots. She suggested the site plan stage would be the appropriate time to calculate disturbance. A roll call vote on the original motion to approve Ordinance 96-29 as amended was delayed by Mayor Miles who called for a 5-minute recess to consult with counsel. Mayor Miles reconvened the meeting and voted nay on the motion which resulted in a 4-2 vote on the motion which FAILED. Councilman Poma, Apps and Councilwoman Wiggishoff also cast nay votes. Mayor Miles said he had conferred with counsel to clarify that if the vote on a motion failed, the motion could be reconsidered by any who voted with the majority. Mayor Miles MOVED to reconsider the issue to adopt of Subdivision Ordinance with approved amendments and additions. Councilman Poma SECONDED the motion. Councilwoman Wiggishoff AMENDED MOVED to amend the motion by replacing to replace the Mower Amendment (#2) with the O'Brien Amendment (#3). Mayor Miles SECONDED the amendment. Councilman O'Brien viewed the amendment #3 as basically identical to Councilman Mower's amendment. A roll call vote on the amendment FAILED with a 5-1 vote. Councilwoman Wiggishoff cast the aye vote. Councilman Apps MOVED to eliminate the driveway disturbance from the hillside calculations. The motion DIED for lack of a second. Mayor Miles called for a roll call vote on the Subdivision Ordinance which included the Mower Amendment (#2) and Amendment #4. The motion CARRIED with a 5-1 vote. Councilwoman Wiggishoff cast the nay vote. AGENDA ITEM #23 - PUBLIC HEARING ON ORDINANCE 96-36, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REMOVING CONFLICTING DEFINITIONS WITH THE SUBDIVISION ORDINANCE AND ELIMINATING THE PROVISION ALLOWING DISTURBANCE OF A LOT TO BE AT LEAST 12,000 SQUARE FEET WHEN CALCULATING FOUR TIMES THE FOOTPRINT OF THE PRIMARY STRUCTURE,AND ALLOWING THE REMAINDER OF THE LOT TO BE DISTURBED IF LESS THAN 6,000 SQUARE FEET. Minutes of the Regular Session of the Town Council 9/19/96 Page 6 of 9 Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing. Mayor Miles clarified that the elimination of the"four times the footprint"grading standard would apply to lots and parcels located in subdivisions submitted after September 1, 1996. Gordon Pittsenbarger spoke in opposition to the ordinance. Mr. Jeppson pointed out conflict between the Zoning Ordinance containing a definition concerning a 15% slope as opposed to the Subdivision Ordinance definition with respect to a 10% slope. Margaret Gelinas expressed her concerns about the unclear language of the agenda verbiage. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council. AGENDA ITEM #24 - CONSIDERATION OF ORDINANCE 96-36, AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY REMOVING CONFLICTING DEFINITIONS WITH THE SUBDIVISION ORDINANCE AND ELIMINATING THE PROVISION ALLOWING DISTURBANCE OF A LOT TO BE AT LEAST 12,000 SQUARE FEET WHEN CALCULATING FOUR TIMES THE FOOTPRINT OF THE PRIMARY STRUCTURE, AND ALLOWING THE REMAINDER OF THE LOT TO BE DISTURBED IF LESS THAN 6,000 SQUARE FEET. Councilman O'Brien suggested the Council consider allowing a certain number times the footprint but eliminating the remainder of the calculations concerning 12,000 square feet disturbance and the minimum disturbance of 6,000 square foot lots. Mr.Jeppson suggested if the Council was changing the contents of the ordinance,the Council could adopt Chapter 1, Section 112 which was part of Ordinance 96-36 and direct staff to reconsider the language on 5.11. Town Attorney Farrell stated the changes that would result from the rewrite would be significantly different than the text that was advertised and advised a public hearing should be held at the Planning &Zoning Commission after it has been re-advertised. A public hearing would then be held at the Council level after the P&Z hearing. Councilman O'Brien MOVED to approve Chapter 1, Section 112 which was part of Ordinance 96-36. Councilwoman Wiggishoff SECONDED the motion which CARRIED with a 5-1 vote. Councilman Apps cast the nay vote. AGENDA ITEM #25 - PUBLIC HEARING TO RECEIVE PUBLIC TESTIMONY ON A PROPOSAL TO REZONE.1212±ACRES OF LAND LOCATED NORTHEAST OF LOT 32 IN THE SUNRIDGE CANYON ESTATES SUBDIVISION FROM THE "OSR" TO THE"R1-8A" ZONING DISTRICT,SO THAT ALL OF LOT 32A IN THE PROPOSED REPLAT OF LOT 32 IS LOCATED IN THE"R1-8A" ZONING DISTRICT, CASE NUMBER Z95-23. Mayor Miles recessed the Regular Session of the Town Council and opened the public hearing. Mr. Jeppson said the purpose of the replat was an adjustment to rezone property outside Lot 32. No one from the public spoke for or against the rezone request. Mayor Miles closed the public hearing and reconvened the Regular Session of the Town Council. AGENDA ITEM#26- CONSIDERATION OF ORDINANCE 96-37,REZONING.1212t ACRES OF LAND LOCATED NORTHEAST OF LOT 32 IN THE SUNRIDGE CANYON ESTATES SUBDIVISION FROM THE "OSR" TO THE "R1-8A" ZONING DISTRICT, SO THAT ALL OF LOT 32A IN THE PROPOSED REPLAT OF LOT 32 IS LOCATED IN THE "R1-8A" ZONING DISTRICT, CASE NUMBER Z95-23. Councilwoman Wiggishoff MOVED to approve Ordinance 96-37. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM#27-CONSIDERATION OF THE FINAL REPLAT OF SUNRIDGE CANYON ESTATES Minutes of the Regular Session of the Town Council 9/19/96 Page 7 of 9 LOT 32, CASE NUMBER S96-028. Councilwoman Wiggishoff MOVED to approve the final replat for Lot 32 in Sunridge Canyon Estates. Councilman Apps SECONDED the motion which CARRIED unanimously. AGENDA ITEM #28 - PRESENTATION OF THE BIKE LANE SIGNING AND STRIPING PROJECTS (FEDERAL AID). Town Engineer Randy Harrel stated there were numerous wide streets in the town which had an edge lane that could be converted to a bike lane. He explained about the two types of bicycle lanes. The non-exclusive lane would include pedestrian traffic and/or parking and would have reflective markers along the white line. The exclusive lane would allow only bicycles in the line and would be located in areas where sidewalks or frontage roads were available to pedestrians. He stated the Planning & Zoning Commission as well as the Parks & Recreation Commission had supported the concept of bike lanes in the town. He said the federal aid funding of$19,000 had been approved to allow signing and striping to be completed by the Street Department crew rather than contracted out. The Town would be responsible for matching funds of at least$1,148 with an approved IGA. Councilman O'Brien asked about the potential for portions of Fountain Hills Boulevard to receive bike lanes. Mr. Harrel responded that certain areas of Fountain Hills Boulevard did not provide adequate width to allow bike lanes. AGENDA ITEM #29 - CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENTS WITH ADOT FOR THE BIKE LANE SIGNING AND STRIPING PROJECT. Councilman O'Brien MOVED to approve the Intergovernmental Agreement with ADOT for the bike lane signing Lir and striping project. Councilman Poma SECONDED the motion which CARRIED unanimously. AGENDA ITEM #30 - CALL TO THE PUBLIC. Sharon Hutcheson encouraged more sensitive development and preservation of the terrain. Roy Kinsey expressed his appreciation for the efforts of everyone concerned with the upgrading of the Subdivision Ordinance. AGENDA ITEM #31 - PURSUANT TO A.R.S. 38-431.03.A.7.; A.R.S. 38-431.03.A.3.; AND A.R.S. 38- 431.03.A.3.4.; 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 DISCUSSIONS OR CONSULTATION FOR LEGAL ADVICE WITH THE ATTORNEY OR ATTORNEYS OF THE PUBLIC BODY;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; RESPECTIVELY. There was no vote to go into Executive Session. AGENDA ITEM #32 - RETURN TO REGULAR SESSION. ‘lar Minutes of the Regular Session of the Town Council 9/19/96 Page 8 of 9 AGENDA ITEM #33 - ADJOURNMENT. tklipe Councilman Poma MOVED to adjourn the meeting. Councilman Mower SECONDED the motion which CARRIED unanimously. TOWN OF FOUNTAIN HILLS By: Je Miles, M.tryor AFIEST: 0,14.1.c:‘,J 1,1.„4.A...) Cassie B. Hansen, Town Clerk 'l U iV �PREPARED BY: � xi-tiii J Linda D. Lem en, Administrative Assistant CERTIFICATION ,r 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 September, 1996. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of October, 1996. CtA,L. )J-1-AAA'-' Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 9/19/96 Page 9 of 9