A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 P.M., Thursday, December 7, 1995, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building B, Fountain Hills, Arizona.

Mayor Cutillo welcomed Vice President Bernadine Boyd from the Fort McDowell Indian community.

Mayor Cutillo read the Consent Agenda which included the following items:

Councilwoman Wiggishoff MOVED to approve the Consent Agenda as read.  Councilman Lawrence 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.

Mr. Craig Trbovich discussed the auditor's report for the period of July 1, 1994 to June 30, 1995. He reviewed the balance sheet, operating statement, budget actuarial comparisons, footnotes to financial statements and the auditor's statement regarding the Town's financial activity.  He commended the Town's accountant, Julie Ghetti, and her staff for their cooperation during the auditing period.

Vice Mayor Tibbetts removed herself from discussion and voting due to a conflict of interest with the Goldfield Ranch development.

Town Manager Paul Nordin stated the Fort McDowell Indian community had approached the Town for their support of the Goldfield Area Plan and opposition to The Preserve Master Plan. The County Board of Supervisors was scheduled to vote on these proposals on December 13, 1995.

Ms. Bernadine Boyd, Vice President of the Fort McDowell Mohave-Apache Community Council, urged the Council to support the Goldfield Area Plan as recommended by the County Planning & Zoning Commission.  She said the development provided for low density homes and reduced commercial uses on the 5,200 acres.  Bill Little, a land planner for the Fort McDowell Indian community, answered questions regarding the Area Plan which he said provided for retention of slopes greater than 15% and retention of drainage ways.

Dave Lutkemeier, who lives near the reservation boundary off El Pueblo, supported the Area Plan and urged the Council to oppose the Preserve Master Plan.

Councilman Hudson MOVED to authorize the Mayor to write a letter to the Maricopa County Board of Supervisors outlining the Council's support for the Goldfield Area Plan as presented by the Indian Community.  Councilman Clark SECONDED the motion which CARRIED unanimously with a 6-0 vote.

Mr. Nordin presented an enlargement of a street map which outlined the streets where speed limits were being proposed in Ordinance 95-52.  

Councilman Lawrence said he was still concerned about the 30 mph speed limit by Four Peaks Elementary School was excessive and presented an unsafe situation for school children.  He stated he preferred a 45 mph speed limit on the newly constructed Palisades Boulevard but supported the reduced speed limit by the High School and provisions for a stop sign on Golden Eagle Blvd.  He stated he preferred to delay installing a stop sign at Palomino Drive until a six month traffic study could be provided to warrant the installation of a stop sign.  Councilwoman Wiggishoff said she recommended a reduced speed limit by Golden Eagle Park considering the increased traffic and development in that area.  Councilman O'Brien concurred with her recommendation.  Town Engineer Randy Harrel stated engineering studies could be preformed regarding the speed limits by Four Peaks Elementary School on Del Cambre and Golden Eagle Boulevard.  Vice Mayor Tibbetts said she personally preferred the reduction in the speed limits where Palisades Blvd. approached the High School area to 35 mph.  Councilman Clark said he proposed to direct staff to install stop signs at Palomino Blvd. and at Golden Eagle Blvd. when the initial opening of Palisades occurred.  

Councilman Hudson MOVED to accept the recommendation of the Town engineer to set the speed limits as presented in Attachment "A" in Ordinance 95-52.  Councilwoman Wiggishoff SECONDED the motion.

Town Engineer Harrel said Palisades Blvd. would be considered a construction zone and would allow for a 35 mph until the four traffic lanes were opened.

Councilman Lawrence AMENDED the motion to provide a speed limit of 45 mph for Palisades Boulevard from Shea Boulevard to Lost Hills Drive when it would be opened to four lanes. Councilman Hudson SECONDED the amendment.

Paul LaBonte objected to the 45 mph speed limit and said 35 mph would be more appropriate. Mary Pilarinos said she thought there should be a stop sign at El Lago.  Bruce Hansen said he thought that Palisades Blvd. was suitably constructed to allow for a 45 mph speed limit and said he had not experienced problems with turning left.  He said Palisades was a better road than Fountain Hills Boulevard and recommended not to place a stop sign at Palomino Drive.  Kim Schumann, speaking for his constituents on the School Board, asked the Council to consider a stop sign at Golden Eagle Blvd. and Palisades Boulevard upon opening of the road.  Don Braden spoke in opposition to the 45 mph speed limit.  He objected to the speed limit being changed to 35 mph at Lost Hills and said he considered it a speed trap.

A vote was taken on the amendment which FAILED with a 3-4 vote.  Councilman Clark Hudson, Mayor Cutillo and Councilman Lawrence voted aye.

Councilman O'Brien AMENDED the original motion to provide for a 40 mph speed limit on Palisades from Shea to Golden Eagle Boulevard.  Councilwoman Wiggishoff SECONDED the amendment.  The amendment CARRIED with a 5-2 vote, Vice Mayor Tibbetts and Frank Clark voted nay.

A vote was then taken on the original motion which CARRIED with a 5-2 vote,  Councilman Clark and Vice Mayor Tibbetts voted nay.

Mayor Cutillo MOVED to approve the Final Plat 302 including staff stipulations. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously.

Mayor Cutillo recessed the Regular Session of the Town Council and opened the public hearing at 7:30 p.m.  No one came forward to speak for or against the proposed text amendment.  Mayor Cutillo closed the public hearing and reconvened the Regular Session of the Town Council at 7:31 p.m.

Mayor Cutillo MOVED to approve Ordinance 95-49 as presented.  Councilman Lawrence SECONDED the motion which CARRIED unanimously.

Mr. Roy Kinsey, Chairman of the McDowell Mountain Task Force, referred to the Task Force report which was included in the Council packet as well as pictures, maps, and displays of various topography of the McDowell Mountains.  He reviewed the actions and discussions which took place since the inception of the Task Force in April, 1995.   He said one of the recommendations of the Task Force was for land to be set aside for preservation and to its use was to be consistent with the Parks & Recreation Trail Plan.  The Task Force also requested the Council establish a permanent Preservation Commission of appointed members to continue the work of the Task Force and to assist with long-range planning efforts regarding preservation.  He said the Task Force had additionally prepared a letter with appointment recommendations to this Commission.  He pointed out the location of the 1200 acres which represented 7% of the total preserve lands, and he said residents would appreciate this parcel because of its location.

He referred to a series of photographs taken by Vice Chairman Mike Chin which were mounted to depict the proposed preserve lands.  He invited the Council members to drive through the mountainous areas and offered to provide transportation.

Mayor Cutillo commended the Task Force for the services that had been provided and asked about access to the preserve lands for the public's general use.  He said there was presently a proposed initiative which would prevent using wash areas which were presently planned for access purposes.  Mr. Kinsey stated this question was one of the first questions that would be dealt with by the new Preservation Commission.  He pointed out the recent survey results had indicated the majority of the respondents were interested in preserving lands mainly to preserve their views, animal, bird and desert plant life rather than recreational purposes.  He said there was already an existing trail system that had existed for some time.  Mayor Cutillo called attention to the pending initiative concerning wash development in Fountain Hills and Mr. Kinsey confirmed that it would be another matter for the Preservation Commission to consider in their planning efforts.

Councilman Lawrence also commended the Task Force for their participation and asked for clarification regarding the term 'mountain bikes' in the report.  Mr. Kinsey said the term 'mountain bikes' referred to non-motorized bicycles and that this term was used in other county parks.  Councilman Lawrence said he recognized the survey results had indicated citizens wanted preservation but the question of funding the preservation costs was not dealt with adequately in the survey.  Mr. Kinsey said the funding issue would also be an issue for the Preservation Commission.  He stated there were many sources of funding as well as opportunities for tax write-offs in the event some of the preserve lands were donated.  He said the first priority of the Commission would be to designate which two or three parcels would be acquired as access areas. At present, there was a 35-acre and an 80-acre parcel he felt would be a good start in the acquisition process.

Councilwoman Wiggishoff congratulated Mr. Kinsey and the Task Force for the data contained in the Final Report.  She asked why the Task Force avoided placing priorities on the separate parcels because they had personally viewed, discussed and were familiar with those parcels.  She was concerned that the Preservation Commission would have to perform the same legwork as had been done by the Task Force to get started with setting priorities.  Mr. Kinsey said the Task Force had decided against the presentation of priorities.

Councilman Clark reviewed the results of the survey and stated that even though the survey indicated only 13% of those polled were in favor of financial support for preservation efforts, the respondents to the survey were not aware of the land values, costs, etc.  He thought prioritization work should include appraisals as a first measure.  He thought the Task Force should make preservation recommendations.  Mr. Kinsey agreed and indicated joint meetings between the Council and the Task Force to work on prioritization.

Mayor Cutillo directed staff to begin work to establish a preservation commission considering the Task Force recommendations as well as the Council's recommendations for appointees.

Councilman Lawrence expressed his appreciation to Town Clerk Cassie Hansen, Peter Putterman and the staff for their efforts in renovating and planning for Building B and the new Council Chambers.

Councilman Clark MOVED to adjourn.  Councilman Lawrence SECONDED the motion which CARRIED unanimously.  The meeting adjourned at 8:10 P.M.

                        TOWN OF FOUNTAIN HILLS

                        By:________________________________________

                            John M. Cutillo, Mayor

ATTEST:  ___________________________________________

    Cassie B. Hansen, Town Clerk

PREPARED BY: _______________________________________

    Linda D. Lemmen, 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 7th day of December, 1995.  I further certify that the meeting was duly called and that a quorum was present.

DATED this 21st day of December, 1995.

    _____________________________________________

                            Cassie B. Hansen, Town Clerk