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Home My WebLink About1995.0518.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE Low FOUNTAIN HILLS TOWN COUNCIL MAY 18, 1995 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 18, 1995, 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 Councilwoman Tibbetts,roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor John Cutillo, Vice Mayor Frank Clark, and Councilmembers Peg Tibbetts, Wally Hudson, Bill O'Brien and Marianne Wiggishoff. Councilman Lawrence was absent. Also present was Town Manager Paul Nordin, Town Clerk Cassie Hansen, Director of Community Development Gary Jeppson, Town Engineer Randy Harrel and Planner Geir Svedrup. Mayor Cutillo read the Consent Agenda which included the following agenda items: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF APRIL 20TH,MAY 2ND AND 4TH, 1995. AGENDA ITEM #3 - CONSIDERATION OF RESOLUTION 1995-23, EA 95-03A, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN: THAT CERTAIN TEN (10) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT AFFECTING ALONG THE WEST LOT LINE OF PLAT 603C, BLOCK 3, LOT 13, AKA 16003 E. CHOLLA, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 1995-27, EA 95-11, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN: THAT CERTAIN TEN (10) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT AFFECTING ALONG THE REAR LOT LINE OF PLAT 604B, BLOCK 6, LOT 13, AKA 11630 SPOTTED HORSE LANE, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 165 OF MAPS, PAGE 15, RECORDS OF MARICOPA COUNTY,ARIZONA. AGENDA ITEM #5 - CONSIDERATION OF RESOLUTION 1995-28, EA 95-12, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN: THAT CERTAIN TEN (10) FOOT PUBLIC UTILITY AND DRAINAGE EASEMENT AFFECTING ALONG THE REAR LOT LINE OF PLAT 506A,BLOCK 4,LOT 8,AKA 15802 EAGLES NEST,FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 159 OF MAPS, PAGE 30, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1995-24, AMENDING THE ADOPTION AGREEMENT FOR THE TOWN OF FOUNTAIN HILLS MONEY PURCHASE PENSION PLAN; AND DECLARING AN EMERGENCY. AGENDA ITEM #7 - CONSIDERATION OF RESOLUTION 1995-26, AMENDING THE ADOPTION AGREEMENT FOR THE ICMA RETIREMENT CORPORATION PROTOTYPE MONEY PURCHASE PLAN AND TRUST FOR THE TOWN MANAGER; AND DECLARING AN EMERGENCY. AGENDA ITEM #8 - CONSIDERATION OF CHANGE ORDER TO GOLDEN EAGLE PARK PHASE Minutes of the Regular Session of the Town Council 05/18/95 Page 1 of 5 II/COMMUNITY CENTER PARKING LOT/SAGUARO WOODS REPAVING PROJECT FOR ADDITIONAL RUBBERIZED ASPHALT ON SAGUARO BLVD. AGENDA ITEM#9 - CONSIDERATION OF A REPLAT OF LOTS 19 AND 22, BLOCK 2, FINAL PLAT 412B TO RECONFIGURE LOTS 19 AND 22 BY TRANSFERRING 23,234.54 SQUARE FEET FROM LOT 22 (TO BE 1.005 ACRES) TO LOT 19 (TO BE 1.6 ACRES). AGENDA ITEM#10 -CONSIDERATION OF A REPLAT OF LOTS 35 AND 17,BLOCK 1,FINAL PLAT 601A TO RECONFIGURE LOTS 35 AND 17 BY TRANSFERRING 1,000 SQUARE FEET FROM THE REAR OF LOT 35 TO THE REAR OF LOT 17. AGENDA ITEM#11 -CONSIDERATION OF EXTENDING A SPECIAL USE PERMIT,#94-05,FOR THE FOUNTAIN VIEW SENIOR CARE CENTER LOCATED ON THE SOUTHWEST CORNER OF EL LAGO AND VERDE RIVER DRIVE. AGENDA ITEM #12 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION OF MR. JOEL FAVILLE FOR "FAVILLE'S ON THE AVENUE". MR. FAVILLE IS THE NEW OWNER OF THE RESTAURANT FORMERLY KNOWN AS "THE ABOVE GROUND CAFE" AND HAS APPLIED FOR A NEW CLASS 12 RESTAURANT LIQUOR LICENSE FOR THE ESTABLISHMENT. Councilman Hudson MOVED to approve the Consent Agenda as read. Councilman O'Brien SECONDED the motion. A roll call vote was taken with the following results: Councilman Hudson Aye Councilwoman Tibbetts Aye Vice Mayor Clark Aye Councilwoman Wiggishoff Aye Mayor Cutillo Aye Councilman O'Brien Aye The motion CARRIED unanimously. Vice Mayor Clark MOVED to include an emergency item for discussion. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. Mayor Cutillo explained that the emergency item was the appointment of a Special Prosecutor for the Town. Town Attorney Bill Farrell indicated that a Special Prosecutor was needed for the trial of State vs.Reilly and recommended the appointment of Mr. Lance Jacobs at the rate of$75.00 per hour. Councilman Hudson MOVED to appoint Mr. Lance Jacobs as a Special Prosecutor for the Town and that compensation be set at the rate of $75.00 per hour. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM#13 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Judge Shoob presented the Council the report for the month of April, 1995. He indicated it had been a light month for cases filed. He referred to three graphs he had prepared which described total case filings,collected fines and penalties and accounts receivable. Judge Shoob said that there had been a steady increase in the number of cases as well as the gross revenues. The accounts receivable graph indicated a 82%+ collection rate. Minutes of the Regular Session of the Town Council 05/18/95 Page 2 of 5 AGENDA ITEM#14-APPOINT COUNCIL SUB-COMMITTEE TO ASSIST THE TOWN MANAGER IN NEGOTIATIONS WITH THE MARICOPA COUNTY SHERIFF'S OFFICE AND THE MARICOPA 416. COUNTY BOARD OF SUPERVISORS FOR THE LAW ENFORCEMENT CONTRACT FOR FOUNTAIN HILLS. Town Manager Paul Nordin reported that he had been encouraged with recent developments regarding the expected negotiations with the County and felt that these negotiations would proceed without too much difficulty. Mayor Cutillo MOVED to establish a sub-committee to assist the Town Manager in negotiations with Maricopa County for the law enforcement contract. This sub-committee would include the Mayor,Councilman O'Brien and Councilwoman Wiggishoff. Vice Mayor Clark SECONDED the motion which CARRIED unanimously. AGENDA ITEM #15 - PUBLIC HEARING ON A SPECIAL USE PERMIT FOR A GUEST HOUSE LOCATED AT 15431 N. CERRO ALTO; AKA PLAT 511, LOT 5, CASE#SU95-03. Mayor Cutillo recessed the Regular Session of the Town Council meeting and opened the public hearing at 7:44 P.M. A staff report had been given to the Council in their packet. No one came forward to speak for or against the special use permit request. Mayor Cutillo then closed the public hearing and reconvened the Regular Session of the Town Council at 7:45 P.M. AGENDA ITEM #16 - CONSIDERATION OF A SPECIAL USE PERMIT FOR A GUEST HOUSE LOCATED AT 15431 N. CERRO ALTO; AKA PLAT 511, LOT 5, CASE#SU95-03. Vice Mayor Clark MOVED to approve the special use permit as requested. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. AGENDA ITEM#17-CONSIDERATION OF RESOLUTION 1995-25,EXPRESSING TO THE BOARD OF DIRECTORS OF THE FOUNTAIN HILLS SANITARY DISTRICT AND THE CITY COUNCIL OF THE CITY OF SCOTTSDALE THE DESIRE OF THE TOWN OF FOUNTAIN HILLS TO ASSUME THE DUTIES AND RESPONSIBILITIES FOR THE OPERATION OF THE FOUNTAIN HILLS SANITARY DISTRICT AFTER ITS DISSOLUTION. Councilman Hudson encouraged the Council to take the first step in the acquisition of the Sanitary District. He explained that up to this time legislation had prevented the Town from pursuing the acquisition of the Sanitary District and that recent legislation allowed the voters of the District to consider this issue even though some of the Sanitary District lands were outside the corporate limits of the Town. The City of Scottsdale,the Sanitary District and the Town of Fountain Hills would all need to adopt a resolution of approval prior to an election. Councilman Hudson MOVED to adopt Resolution 1995-25 as presented. Vice Mayor Clark SECONDED the motion. Vice Mayor Clark stated he supported this Resolution and that it was the right time to assume the Sanitary District. He said the Town should take actions to encourage the Sanitary District to proceed. Mayor Cutillo said he thought meetings should take place with the Sanitary District prior to any Council action. Minutes of the Regular Session of the Town Council 05/18/95 Page 3 of 5 Mr. Nordin stated there had not been discussions with the Board as a whole regarding this matter. Councilwoman Wiggishoff said she felt dialogue with the Sanitary District should occur before formal adoption of the resolution. She referred to the language of the resolution which indicated that the Town would be willing to accept the Sanitary District and stated that actually the ownership of the District had not been offered to the Town. Councilman Hudson MOVED to table this matter until the first meeting in June, 1995. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. Mayor Cutillo MOVED to appoint a committee consisting of two Councilmenbers and the Town Manager to approach the Sanitary District regarding the Town's acquisition of the District. Councilman Husdon suggested that Councilwoman Wiggishoff and himself be appointed to this committee as they had regularly attended Sanitary District meetings. Mayor Cutillo also MOVED to include in his motion that Councilman Hudson and Councilwoman Wiggishoff be appointed to this committee. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM#18- 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#19 - ADJOURNMENT. Vice Mayor Clark MOVED to adjourn the meeting. Councilman O'Brien SECONDED the motion which CARRIED unanimously. The meeting adjourned at 7:02 P.M. Minutes of the Regular Session of the Town Council 05/18/95 Page 4 of 5 TOWN OF FOUNTAIN HILLS y• Jo . Cudllo, Mayor ATTEST: 0 4L-AA-4-A—)Cassie B. Hansen, Town Clerk PREPARED BY: , Linda D. Lemme , 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 18th day of May, 1995. I further certify that the meeting was duly called and that a quorum was present. DATED this 1st day of June, 1995. QA.4.41A:L, Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 05/18/95 7'�' Page 5 of 5