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HomeMy WebLinkAbout1994.0707.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JULY 7, 1994 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 6:30 p.m., Thursday, July 7, 1994, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building C,Fountain Hills, Arizona. ROLL CALL -Following the pledge to the flag and the invocation by Councilman Lawrence,roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Wally Hudson,and Councilmembers Don Lawrence, Marianne Wiggishoff, Frank Clark and Bill O'Brien. Also present were Town Attorney Bill Farrell, Town Clerk Cassie Hansen, and Associate Planner Loras Rauch. Councilwoman Tibbetts was absent. AGENDA ITEM #2. - CONSIDERATION OF APPOINTING NICHOLAS STASIK AS THE YOUTH COMMISSIONER TO THE PARKS AND RECREATION DEPARTMENT. Mayor Cutillo MOVED to appoint Nicholas Stasik as the youth Commissioner to the Parks and Recreation Department. Councilman Clark SECONDED the motion, which PASSED unanimously. AGENDA ITEM#3.-CONSIDERATION OF THE ADOPTION OF THE TENTATIVE BUDGET FOR THE kire FISCAL YEAR 1994/95 WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENT IN ACCORDANCE WITH STATE LAW. Vice Mayor Hudson MOVED approval of the budget and Councilman Lawrence SECONDED the motion,which PASSED unanimously. Councilman Clark requested Consent Agenda Item #10 be removed to be discussed at a later date. Councilwoman Wiggishoff requested Consent Agenda Item #14 be removed for a minor explanation. Mayor Cutillo read the remaining consent agenda, which included: AGENDA ITEM#4.- CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 14, 16, AND 21, 1994. AGENDA ITEM#6.-CONSIDERATION OF RESOLUTION 1994-32,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THAT CERTAIN PUBLIC UTILITY EASEMENT AND DRAINAGE EASEMENT LOCATED ALONG THE NORTHWESTERN LOT LINE OF LOT 4, BLOCK 2, OF PLAT 601-B FOUNTAIN HILLS,ARIZONA, AS RECORDED IN BOOK 166 OF MAPS,PAGE 31, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#7.-CONSIDERATION OF RESOLUTION 1994-33,ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN THAT CERTAIN 1-FOOT NON-VEHICULAR ACCESS EASEMENT LOCATED ALONG THE WESTERN LOT LINE OF LOT 6 OF PLAT 512, FOUNTAIN Minutes of the Regular Session of the Town Council 07/07/94 Page 1 of 5. HILLS, ARIZONA, AS RECORDED IN BOOK 373 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM #8. - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION OF JOSEPH D. WALLACE FOR THE MIRAGE GRILL. THE APPLICATION IS FOR A NEW CLASS 12 RESTAURANT LICENSE TO CONTINUE THE RESTAURANT/BAR SERVICE AT CLUB MIRAGE. AGENDA ITEM#9.-CONSIDERATION OF THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND MARICOPA COUNTY REGARDING THE USE OF COUNTY ANIMAL SHELTERS. AGENDA ITEM#11. - CONSIDERATION OF RENEWING THE CONTRACT WITH THE FOUNTAIN HILLS CIVIC ASSOCIATION FOR MANAGEMENT SERVICES OF THE COMMUNITY CENTER IN THE AMOUNT OF $26,500. AGENDA ITEM #12. - CONSIDERATION OF AWARDING THE CONTRACT FOR CLEANING SERVICES OF THE COMMUNITY CENTER TO RICH'S KWALITY KLEEN IN THE AMOUNT OF $5,400. AGENDA ITEM #13. - CONSIDERATION OF RESOLUTION 1994-34, AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST FOR THE TOWN MANAGER; CONFIRMING THAT THE TOWN HAS ELECTED TO"PICK UP" THE MANDATORY CONTRIBUTIONS BY THE TOWN MANAGER;AND DECLARING AN EMERGENCY. AGENDA ITEM#15.-CONSIDERATION OF THE FINAL REPLAT OF LOTS 18 AND 19 OF BOULDER POINT SUBDIVISION, CASE NUMBER S94-61, LOCATED ON LOTUS LANE SOUTH OF THISTLE DRIVE. AGENDA ITEM#16. - CONSIDERATION OF ORDINANCE 94-15, APPROVING THE APPOINTMENT OF ALL MAGISTRATE COURT JUDGES AS JUVENILE HEARING OFFICERS. Mayor Cutillo clarified Item#16 to read "all Fountain Hills Magistrate Court Judges". Councilman Clark MOVED approval of the Consent Agenda and Councilman Lawrence SECONDED the motion. Mr.Jerry Caldwell, 11258 N.Pinto,requested Item#5 be removed from the Consent Agenda also, since he resided next door to the subject property. A roll call vote was taken with the results as follows: Councilman Lawrence aye Councilwoman Wiggishoff aye Councilman Clark aye Councilman O'Brien aye Vice Mayor Hudson aye Mayor Cutillo aye The motion CARRIED unanimously. AGENDA ITEM#5.-CONSIDERATION OF RESOLUTION 1994-31,ABANDONING WHATEVER RIGHT, Minutes of the Regular Session of the Town Council 07/07/94 Page 2 of 5 TITLE, OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC UTILITY EASEMENTS AND IN PORTIONS OF THOSE CERTAIN DRAINAGE EASEMENTS LOCATED ALONG THE Lie SOUTHEASTERN AND SOUTHWESTERN LOT LINES OF LOT 1, BLOCK 4, OF PLAT 605-C FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 164 OF MAPS, PAGE 14, RECORDS OF MARICOPA COUNTY,ARIZONA;EXCEPT THE SOUTHEASTERN AND SOUTHWESTERN ONE FOOT OF SAID DRAINAGE EASEMENTS. Town Engineer Randy Harrel said the item was a relatively routine easement abandonment where the utility companies had responded with no objections. He said there was relatively little drainage and the Town had requested to retain a one-foot drainage easement in the back to permit the lot-to-lot drainage to pass,but that there were no other drainage problems. Mr. Caldwell was satisfied that he would not be adversely affected by the abandonment and there was no further discussions. Mayor Cutillo MOVED to accept consideration of Resolution 1994-31 as presented. Councilman O'Brien SECONDED the motion which CARRIED unanimously. AGENDA ITEM #14. - CONSIDERATION OF AWARDING THE BID FOR THE PURCHASE OF ONE NEW MARSHAL VEHICLE TO BERGE FORD IN THE AMOUNT OF$15,500. Councilwoman Wiggishoff said she had received three phone calls on the day the aforementioned subject had run in the newspaper and she wanted to give Marshal Gendler an opportunity to respond. She said the callers had each commented that whenever they drove by the Marshal's Office, there were three cars parked outside and they wondered why another car was required. Marshal Gendler said it was quite possible there were three cars parked outside at any time,and there were occasions when there could be more. He said the cars were always in use,and the cars came and went all the time, but the officers' jobs did not always require them to be out on the streets. There was court security, court functions,animal control,desk research,paperwork,etc., that required the officers to be inside rather than in their cars and there were times when the officers plus the 15 volunteer reserves weren't all out at the same time. Councilwoman Wiggishoff ascertained that one car was assigned to the Marshal,another was assigned to a full-time deputy who was on 24-hour call,and the others were used by the resident Animal Control officer and any of the 15 volunteer reserves on duty. Councilwoman Wiggishoff MOVED to award the bid for one new Marshal's vehicle to Berge Ford in the amount of$15,500 and Councilman Clark SECONDED. The motion CARRIED unanimously. AGENDA ITEM #17. - CONSIDERATION OF APPROVING THE REVISED CONTRACT WITH MARICOPA COUNTY SHERIFF'S DEPARTMENT FOR POLICE PROTECTION SERVICES. Marshal Gendler told the Council that the Sheriffs Department had submitted a new contract proposal,despite the fact that the Council had just recently approved a new contract. He said the revised contract was for the same amount, but did not contain a provision that the Marshal's Office had been working three years to have removed. The provision required by the former Maricopa County Sheriff called for two patrol beats to ensure the level of performance while the Town contracted for 1.33 shifts. Marshal Gendler said removal of the provision would reduce liability and that the present Sheriff had graciously removed the offending provision. Mayor Cutillo noted that the contract had not yet been approved by the Maricopa County Board of Supervisors. He then MOVED to accept the revised contract for the Maricopa County Sheriff's Department as presented and Councilman O'Brien SECONDED the motion. The motion PASSED unanimously. AGENDA ITEM#18.-CONSIDERATION OF ORDINANCE 94-12 AMENDING SECTION 2-6-1"POWER Minutes of the Regular Session of the Town Council 07/07/94 Page 3 of 5 RESERVED; TIME OF ELECTION" OF THE TOWN CODE OF THE TOWN OF FOUNTAIN HILLS REGARDING SETTING THE TIME OF ELECTION FOR INITIATIVE AND REFERENDUM. Mayor Cutillo MOVED to accept Ordinance 94-12 as written, Councilman Clark SECONDED the motion which CARRIED unanimously. AGENDA ITEM#19. - CONSIDERATION OF A CUT AND FILL WAIVER FOR THE PROPOSED 47.86 ACRE, 74 LOT SUBDIVISION LOCATED EAST OF FOUNTAIN HILLS BOULEVARD; NORTH OF SEGUNDO DRIVE; WEST OF LA MONTANA DRIVE; SOUTH OF EL LAGO BOULEVARD. Ms.Rauch gave a brief presentation of the request and told the Council that the applicant had amended his original request by deleting two cut areas on Lots 57 and 58 and eliminating the fill slopes on Lots 40-46. The amended request brought the application into conformance and staff recommended approval. Mr. Kelly Haus with Shea Homes made a brief presentation and explained how the project would be handled by working around the amendments. Councilwoman Wiggishoff asked Mr. Haus if any of the larger cuts could be tweaked to work more closely with the terrain. Mr.Haus said everything that could be done had been done. Mr.Fred Fleet,engineer for Shea Homes, said the area was pretty steep and the present solution was the best they had been able to reach. Mayor Cutillo MOVED to accept the request for waiver as submitted and recommended by staff and Vice Mayor Hudson SECONDED. Mr.Bob Thomas,Planning and Zoning Commission,said that a year ago the Planning and Zoning Commission had rewritten the entire Land Disturbance Regulations and,in doing so,stipulated a limitation of ten feet on exposed cuts or fill. He said the Council had amended the rewritten Regulation to add the phrase, "This limitation may be waived by the Town Council'. He said the Council was not precluded from passing the matter to the Planning and Zoning Commission for a recommendation first since the Commission had not seen the preliminary plat yet, and he recommended that they do so. The motion CARRIED unanimously. AGENDA ITEM#20- 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. AGENDA ITEM#21. - ADJOURNMENT. Councilman O'Brien MOVED to adjourn,Councilman Lawrence SECONDED the motion and the motion PASSED unanimously. The Town Council adjourned at approximately 7:04 p.m. Minutes of the Regular Session of the Town Council 07/07/94 Page 4of5, L TOWN OF FOUNTAIN HILLS 0 By: v 4P/ 017 John M. ctillp, Mayor ATTEST: 8i1J4i 4-4&-Citi Cassie B. Hansen, Town Clerk PREPARED BY: OS. Rosal ucker, Adm' ' trative 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 July, 1994. I further certify that the meeting was duly called and that a quorum was present. DATED this 15th day of August, 1994. Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 07/07/94 Page 5 of 5 ,