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HomeMy WebLinkAbout1995.0705.TCSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JULY 5, 1995 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Cutillo at 7:00 P.M., Wednesday,July 5, 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 and Councilmembers Don Lawrence,Peg Tibbetts,Wally Hudson,Bill O'Brien and Marianne Wiggishoff. Vice Mayor Clark arrived at 7:05 P.M. Also present were Town Manager Paul Nordin,Town Attorney Bill Farrell,Town Clerk Cassie Hansen,Director of Community Development Gary Jeppson,Town Engineer Randy Harrel and Planners Jeff Valder and Geir Sverdrup. Mayor Cutillo stated items#3,#4 and #9 from the Consent Agenda would be removed from the Consent Agenda for further discussion. He read the remainder of the Consent Agenda which included the following items: AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF JUNE 15TH AND 27TH, 1995. AGENDA ITEM#5-CONSIDERATION OF RESOLUTION 1995-38,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE AND PUBLIC UTILITY EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 17,BLOCK 3,OF PLAT 505C FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#6-CONSIDERATION OF RESOLUTION 1995-39,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE AND PUBLIC UTILITY EASEMENTS ALONG THE NORTHERLY AND EASTERLY LOT LINES OF LOT 21, BLOCK 1, OF PLAT 506B FOUNTAIN HILLS,ARIZONA,AS RECORDED IN BOOK 159 OF MAPS,PAGE 3,RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#7-CONSIDERATION OF RESOLUTION 1995-40,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE AND PUBLIC UTILITY EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 43,BLOCK 1,OF PLAT 602A FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 161 OF MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. AGENDA ITEM#8-CONSIDERATION OF RESOLUTION 1995-41,ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN THE CERTAIN DRAINAGE AND PUBLIC UTILITY EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 10,BLOCK 2,OF PLAT 506B FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 159 OF MAPS, PAGE 3, RECORDS OF MARICOPA COUNTY, ARIZONA. Minutes of the Special Session of the Town Council 07/05/95 Page 1 of 10 AGENDA ITEM#10 - CONSIDERATION OF THE REPLAT OF LOT 13, BLOCK 1, FOUNTAIN HILLS FINAL PLAT 401-A,TO RECONFIGURE LOT 13 BY ADDING 4,612 SQUARE FEET TO THE EXISTING LOT AND SUBDIVIDING THE LOT INTO TWO NEW LOTS 13-A, CONSISTING OF 10,169 SQUARE FEET AND 13-B, CONSISTING OF 12,408 SQUARE FEET. THE PROPERTY IS LOCATED AT 17012 JACKLIN DRIVE. AGENDA ITEM #11 - CONSIDERATION OF RENEWING THE COOPERATIVE STATE PURCHASE AGREEMENT WITH THE STATE OF ARIZONA WHICH PERMITS THE TOWN TO PURCHASE MATERIALS AND SERVICES FROM VENDORS AT THE PRICES AND TERMS CONTAINED IN CONTRACTS BETWEEN THE STATE AND THOSE VENDORS. AGENDA ITEM #12 - CONSIDERATION OF RENEWING THE CONTRACT WITH THE FOUNTAIN HILLS CIVIC ASSOCIATION FOR MANAGEMENT SERVICES OF THE COMMUNITY CENTER IN THE AMOUNT OF $27,825. AGENDA ITEM#13-CONSIDERATION OF PARTICIPATION IN A DAM EMERGENCY ACTION PLAN BY ANDERSON-NELSON UNDER CONTRACT TO MCO AT A COST TO THE TOWN OF$33,915. Councilman Lawrence MOVED to approve the Consent Agenda as read. Councilwoman Tibbetts SECONDED the motion. A roll call vote was taken with the following results: Councilman Lawrence Aye Councilman O'Brien Aye Councilwoman Wiggishoff Aye Vice Mayor Clark Aye Mayor Cutillo Aye Councilwoman Tibbetts Aye Councilman Hudson Aye The motion CARRIED unanimously. AGENDA ITEM#3-CONSIDERATION OF RESOLUTION 1995-36,ABANDONING TO THE ADJACENT PROPERTY OWNERS ALL RIGHT, TITLE OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC RIGHTS-OF-WAY LOCATED WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 302,BLOCK 5 AS RECORDED IN BOOK 156, PAGE 45 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE. AGENDA ITEM#4-CONSIDERATION OF RESOLUTION 1995-37,ABANDONING TO THE ADJACENT PROPERTY OWNERS ALL RIGHT, TITLE OR INTEREST THE TOWN HAS IN THOSE CERTAIN PUBLIC RIGHTS-OF-WAY LOCATED WITHIN FOUNTAIN HILLS FINAL PLAT NUMBER 302A, BLOCK 2 AS RECORDED IN BOOK 164,PAGE 43 OF THE RECORDS OF THE MARICOPA COUNTY RECORDER WHICH HAVE BEEN FOUND TO BE NO LONGER NECESSARY FOR PUBLIC USE. Town Manager Nordin stated there had been difficulties with the notification procedure and suggested the Council table the matter until the next Council meeting. Councilman Hudson MOVED to table consideration of Resolution 1995-36 and Resolution 1995-37 until the next Council meeting, August 3, 1995. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. Minutes of the Special Session of the Town Council 07/05/95 Page 2 of 10 AGENDA ITEM#9- CONSIDERATION OF FINAL PLAT FOR THE FIREROCK RESORT CASITAS,A 7.83 ACRE,88 UNIT CONDOMINIUM SUBDIVISION,LOCATED ON LOTS 2 AND 3, BLOCK 6,PLAT 412-B, ON THE NORTH SIDE OF FIREBRICK DRIVE EAST OF SAGUARO BOULEVARD, CASE NUMBER S95-050. Councilwoman Wiggishoff stated Stipulation#6 for the final plat included unclear language regarding a future bike trail. Planner Jeff Valder replied the language could be changed to add 'assure the construction of regarding the future costs of an 8' wide concrete bike path crossing Cereus Wash.. Councilman Hudson asked for clarification regarding Stipulation#2 and asked who determines what a 'significant number' was when considering the number of utility cuts. Town Engineer Harrel answered that it was a judgement call and would depend on utility plans. Councilman Hudson said he thought the word 'significant' was vague and language in the stipulation should be more specific. Councilwoman Wiggishoff MOVED to approve the Final Plat for the Firerock Resort Casitas with the amendment of Stipulation#6 to include 'assure the construction of an 8' wide bike path' and to amend Stipulation#2 by adding 'in the opinion of the Town Engineer' regarding the determination of a significant number of utility cuts. Councilman Hudson SECONDED the motion which CARRIED unanimously. Mayor Cutillo announced that an Executive Session was scheduled after the Special Session and the adoption of the tentative budget would not occur until after the Executive Session. AGENDA ITEM#14 - MONTHLY AND YEAR END REPORT BY MAGISTRATE STUART SHOOB. Judge Shoob reviewed the report for the month of June which also contained year end totals. In addition to the report,he stated 4,263 cases were filed in the 1994-95. The total number of cases since 1990 was 16,336. Revenues levied in 1994-5 were $259,000+ and total income since 1990 was $982,524. At the end of the fiscal year, the outstanding accounts balance was$180,414 which resulted in an overall collection rate of 82%. Judge Shoob stated courts usually average collection rates between 40% and 60%. He also said new software would assist in the computing statistics regarding the percentage of collections and other relevant information. AGENDA ITEM #15 - PUBLIC HEARING ON ORDINANCE 95-20, AMENDING THE ZONING ORDINANCE BY REZONING 27.48 ACRES FROM R1-43 AND R1-35 TO R1-18 ZONING DISTRICT AND BY REZONING 44.72 ACRES FROM R1-43 AND R1-35 TO OSR ZONING DISTRICT. THE AREA IS LOCATED SOUTH OF MUSTANG DRIVE AND SPOTTED HORSE LANE,WEST OF BUFFALO AND GARLAND DRIVES AND EAST OF PALISADES BOULEVARD ALIGNMENT. Mayor Cutillo recessed the Special Session of the Town Council meeting and opened the public hearing at 7:16 P.M. Planner Geir Sverdrup reviewed the location of the area on a map and stated the rezone request would conform to the General Plan. Councilwoman Wiggishoff asked about the sewer line placement. Mr.Sverdrup stated the sewer lines would be placed in the streets for this subdivision but development of other nearby areas could necessitate sewer line locations in the wash area. No one came forward from the public to speak for or against the rezone request. Mayor Cutillo closed the public hearing and reconvened the Special Session of the Town Council at 7:19 P.M. Minutes of the Special Session of the Town Council 07/05/95 Page 3 of 10 AGENDA ITEM #16 - CONSIDERATION OF ORDINANCE 95-20, AMENDING THE ZONING ORDINANCE BY REZONING 27.48 ACRES FROM R1-43 AND R1-35 TO R1-18 ZONING DISTRICT AND BY REZONING 44.72 ACRES FROM R1-43 AND R1-35 TO OSR ZONING DISTRICT. THE AREA IS LOCATED SOUTH OF MUSTANG DRIVE AND SPOTTED HORSE LANE, WEST OF BUFFALO AND GARLAND DRIVES AND EAST OF PALISADES BOULEVARD ALIGNMENT. Councilwoman Wiggishoff MOVED to approve Ordinance 95-20 as outlined. Councilman Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM#17-PUBLIC HEARING ON ORDINANCE 95-27,REZONING THE 133.56 ACRE AREA LOCATED NORTH OF RIDGEWAY DRIVE, EAST OF PALISADES BOULEVARD, SOUTH OF SAGE DRIVE AND WEST OF GREYSTONE DRIVE FROM C-2,R1-35,AND R1-43 TO R1-18,RI-35 PUD,AND R1-43 PUD. Mayor Cutillo recessed the Special Session of the Town Council meeting and opened the public hearing at 7:20 P.M. Director of Community Development Gary Jeppson said this area was commonly known as Stoneridge West or Plat 606 and that the area had significant rock outcroppings. After meeting with the surrounding property owners who had voiced objection,the developer,MCO,produced a new concept plan with a reduced density from 86 lots to 82 lots. He reviewed the requests for setback allowances for several of the lots and pointed out that these allowances would permit flexibility in developing the properties around the rock outcroppings. Mr. Jeppson stated that the Planning & Zoning Commission had recommended approval of the concept plan, that the final plat be submitted within six months,that hillside protection easements be placed on open space tracts on the concept plan and that lot sizes be fixed to prevent future lot splitting. He pointed out this subdivision would not have a gated entry. No one came forward from the public to speak for or against the rezone request. Mayor Cutillo closed the public hearing and reconvened the Special Session of the Town Council at 7:29 P.M. AGENDA ITEM#18-CONSIDERATION OF ACCEPTING THE CONCEPT PLAN OF PROPOSED PLAT 606 WHICH CONSISTS OF 82 LOTS ON 97 ACRES AND 35 ACRES OF OPEN SPACE ON THE 133.56 ACRE AREA LOCATED NORTH OF RIDGEWAY DRIVE,EAST OF PALISADES BOULEVARD,SOUTH OF SAGE DRIVE AND WEST OF GREYSTONE DRIVE FROM C-2, R1-35,AND R1-43 TO R1-18,R1-35 PUD, AND R1-43 PUD. Councilwoman Wiggishoff opposed the concept plan stating she felt it was not environmentally sensitive to construct homes requiring excessive blasting within a canyon area and that more density should have been transferred to Tract "D". Additionally, she opposed removing the "C-2" zoning from the southeastern corner of Sage ive and Palisades Boulevard intersection because she said this area would ultimately be a high- traffic area in an entrance corridor to the Town conducive to commercial purposes. She said the ridge located in Tract "D" should have been developed leaving the hilly,rocky area in Tract "E" preserved. Mayor Cutillo said he approved of the concept plan and felt it was an arrangement that fit within the neighborhood. Vice Mayor Clark stated he approved of the first plan but felt some good ideas were left behind when the concept plan was revised. Gregg Bielli,Vice President of MCO,said the concept plan map had not indicated the building envelopes that would be created on lots with nearby rock outcroppings. He stated the removal of the outside commercially-zoned area was within the General Plan guidelines because past actions of the Council promoted commercial development in Minutes of the Special Session of the Town Council 07/05/95 Page 4 of 10 the downtown vicinity. He further stated the open tracts would become part of the subdivision. iikor Councilwoman Wiggishoff suggested the Council regard this canyon and rock formation as one of the:first natural entry monuments encountered along Palisades front Shea She commented that this area belonged to more than just the neighbors and expressed her concern regarding the impressions created as a reflection of the Town's development standards. She asked the Council to continue discussion regarding density transfers and revisions for this concept plan. Councilman Lawrence MOVED to approve the Concept Plan for Plat 606 as presented. Mayor Cutillo SECONDED the motion which CARRIED with a 5-2 vote. Councilwoman Wiggishoff and Councilman O'Brien cast the nay votes. AGENDA ITEM#19-CONSIDERATION OF ORDINANCE 95-27,REZONING THE 133.56 ACRE AREA LOCATED NORTH OF RIDGEWAY DRIVE, EAST OF PALISADES BOULEVARD, SOUTH OF SAGE DRIVE AND WEST OF GREYSTONE DRIVE FROM C-2,R1-35,AND R1-43 TO R1-18,R1-35 PUD,AND R1-43 PUD. Mayor Cutillo MOVED to approve Ordinance 95-27 as presented. Councilman Hudson SECONDED the motion which CARRIED with a 5-2 vote. Councilwoman Wiggishoff and Councilman O'Brien cast the nay votes. AGENDA ITEM #20 - CONSIDERATION OF THE FINAL PLAT FOR SUNRIDGE CANYON, A 942.12 ACRE, 11 PARCEL SUBDIVISION, LOCATED WEST OF PALISADES AND GOLDEN EAGLE BOULEVARDS, CASE NUMBER S95-001. Mayor Cutillo MOVED to accept the Final Plat for Sunridge Canyon as presented. Councilwoman Wiggishoff SECONDED the motion. Councilman O'Brien asked about Stipulation#5 which concerned fire sprinkler requirements. Jeff Valder stated he had just received a letter from Ray Baldwin,Director of SunRidge Canyon,LLC,which stated fire sprinklers would be required in all residences of Sunridge Canyon. Vice Mayor Clark asked about the Town's need to apply for a heritage grant within a year for park development when no residences had been constructed. Mr. Jeppson stated that the Area Specific Plan for Sunridge Canyon stipulated that the Town would accept the park donation within one year so that Sunridge Canyon's property report could include a public park. Mr.Baldwin stated that SunRidge Canyon was flexible and that development of a park should be accomplished in a reasonable period of time. He said that one year after the recording of the final plat was the time frame indicated in the Area Specific Plan but an extension of this time period was possible. The motion CARRIED unanimously. AGENDA ITEM #21 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON PARCEL C SUBDIVISION, A 27.2 ACRE, 123-LOT SUBDIVISION, LOCATED WEST OF GOLDEN EAGLE BOULEVARD AND SOUTH OF CANYON DRIVE, CASE NUMBER S94-073. Mayor Cutillo MOVED to accept Final Plat for Sunridge Canyon,Parcel C as presented. Councilman Lawrence SECONDED the motion. Minutes of the Special Session of the Town Council 07/05/95 Page 5 of 10 Vice Mayor Clark asked about Stipulation#1 regarding a temporary cul-de-sac. Mr.Jeppson stated a cul-de-sac was required to allow a temporary turn-around location. 1/41.610 Mr. Jeppson stated Stipulation #6 was necessary to allow renumbering of the lots to be consistent with the preliminary plat numbering system. Mayor Cutillo AMENDED his motion by adding the restructuring of lot numbers be included in Stipulation#6. Councilman Lawrence SECONDED the amendment. Leesa Fraverd indicated her disappointment with the development plan of this subdivision and said she was not in favor of cluster housing. The motion CARRIED unanimously. AGENDA ITEM #22 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON PARCEL G-NORTH SUBDIVISION, A 15.5 ACRE, 42-LOT SUBDIVISION, LOCATED WEST OF GOLDEN EAGLE BOULEVARD AND NORTH OF CANYON DRIVE, CASE NUMBER S94-102. Councilman Hudson MOVED to approve the final plat for Sunridge Canyon Parcel G-North subdivision. Vice Mayor Clark SECONDED the motion which CARRIED unanimously. AGENDA ITEM #23 - CONSIDERATION OF THE FINAL PLAT FOR THE SUNRIDGE CANYON PARCEL N-WEST PHASE 1 SUBDIVISION, AN 18.3 ACRE, 41-LOT SUBDIVISION, LOCATED EAST OF SUNRIDGE DRIVE, SOUTH OF CANYON DRIVE AND NORTH OF SUNRISE DRIVE, CASE NUMBER S94-103. Vice Mayor Clark reviewed the staff report concerning Lot 23's removal from the Final Plat. Mr.Valder stated that the applicant had removed this lot from the project and that a public hearing would be held on August 3, 1995 to change the zoning which would result in an amended plat adding Lot 23. Vice Mayor Clark MOVED to approve the final plat for Sunridge Canyon Parcel N including stipulations contained in the staff report. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM #24 - CONSIDERATION OF RESOLUTION 1995-46, APPROVING THE PROPOSED PEDESTRIAN SIDEWALK & TRAIL SYSTEM FOR THE SUNRIDGE CANYON DEVELOPMENT. Mr.Valder introduced a change to Stipulation#2 to allow for construction of a sidewalk on only one side of the cal- de-sac in the Sunrdige Canyon development because of significant rock outcroppings on the other side. He added that staff recommended the language regarding all other trails in Stipulation#4 be changed from a five foot concrete sidewalk to a five foot decomposed granite sidewalk. He said sidewalks surfaced with decomposed granite were easier to construct on steep,sloping lands and would allow access between other parcels. He referred to a map and pointed out locations of sidewalks and trails. He further stated the location of the golf course had deterred an off- trail system. Councilman Hudson MOVED to approve Resolution 1995-46 with the changes to Stipulation #2 and #4 as recommended by staff. Vice Mayor Clark SECONDED the motion. Jack Hansen asked who would maintain the decomposed granite trails. Mr. Harrel said the public sidewalks and Minutes of the Special Session of the Town Council 07/05/95 Page 6 of 10 trailways would be maintained by the Town and the trails were being designed to minimize erosion of the decomposed granite. ‘146,,,. The motion CARRIED unanimously. AGENDA ITEM #25 - CONSIDERATION OF RESOLUTION 1995-45, APPOINTING A HEARING OFFICER PURSUANT TO A.R.S. 9-500.12 AND PROVIDING A METHOD FOR NOTICE TO REAL PROPERTY OWNERS OF THEIR RIGHTS OF APPEAL. Attorney Farrell told the Council that House Bill 2229, known as the property owners' rights bill, mandates cities and towns to establish an appeal process and a notice to property owners of their appeal rights regarding land that was donated or acquired by exaction for the use of, improvements to or development of real property within the Town. He said all municipalities over 2,000 population would be required to report exactly what procedures had been established to a House sub-committee for their review to determine compliance. Mr.Farrell stated Resolution 1995-45 would provide for the appointment of a hearing officer and he recommended Mr. Richard W. Garnett, former Sconcdale City Attorney, be appointed. He said Mr. Garnett's experience would provide the necessary qualifications to serve as a non-biased hearing officer. Discussion regarding Mr. Gamett's compensation set a$75 per hour charge for court appearances not to exceed $1,000 per case. Councilman Hudson MOVED to approve Resolution 1995-45 as presented. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM #26 - CONSIDERATION OF ORDINANCE 95-25, ADOPTING A MANDATORY SPRINKLER ORDINANCE FOR NEW DEVELOPMENT IN THE TOWN OF FOUNTAIN HILLS. iw Town Attorney Farrell stated he had prepared a draft ordinance using Exhibit "A" as the base map for indicating a mandatory fire sprinkler zone. He said additional areas could be added to Exhibit"A"by approving other exhibits as provided on Exhibit"B", "C", "D" and/or"E". He further stated the Council could opt to require fire sprinklers for all new construction and commercial improvements exceeding 50% of the original square footage. Also, properties outside the sprinkler zones would need to be identified, such as gated communities or certain types of occupancy along with enforcement and inspection policies. Mayor Cutillo MOVED to table discussion regarding Ordinance 95-25 to August 3, 1995 to allow the Council time to review the draft. Councilman Lawrence SECONDED the motion which CARRIED unanimously. AGENDA ITEM #27 - COUNCIL DISCUSSION ON THE 1995-96 MARICOPA COUNTY SHERIFF'S OFFICE LAW ENFORCEMENT CONTRACT INCLUDING POSSIBLE DIRECTION TO STAFF. Mr.Nordin reported he,Mayor Cutillo,Councilwoman Wiggishoff and Councilman Hudson attended the Board of Supervisors meeting on July 5, 1995 to encourage the Board to table the motion approving the 1995-96 MCSO contract for police services. He said the motion was tabled for two months with a 4-1 vote and that he expected negotiations to continue favorably. He commended Supervisor Don Stapley for his representation of the Town regarding the tabling of the motion. Minutes of the Special Session of the Town Council 07/05/95 Ckir Page 7 of 10 AGENDA ITEM#28-CONSIDERATION OF RESOLUTION 1995-42,APPROVING THE APPLICATION FOR ARIZONA STATE PARKS BOARD HERITAGE FUNDS OR LAND WATER CONSERVATION FUNDS FOR GOLDEN EAGLE COMMUNITY PARK - PHASE IV. AGENDA ITEM#29-CONSIDERATION OF RESOLUTION 1995-43,APPROVING THE APPLICATION FOR ARIZONA STATE PARKS BOARD HERITAGE FUNDS OR LAND WATER CONSERVATION FUNDS FOR FOUR PEAKS NEIGHBORHOOD PARK. AGENDA ITEM#30-CONSIDERATION OF RESOLUTION 1995-44,APPROVING THE APPLICATION FOR ARIZONA STATE PARKS BOARD HERITAGE FUNDS OR LAND WATER CONSERVATION FUNDS FOR KIWANIS NEIGHBORHOOD PARK. Mr. Nordin explained that Agenda Items#28,#29 & #30 could be discussed together because of the nature of the multiple grant requests. Vice Mayor Clark said he thought the Town would have a better chance of being awarded grants if application was made for all three grants. Councilwoman Tibbetts also favored applying for all three grants and stated community- matching funds would be an asset towards the final decisions whether the Town was granted these monies. Councilman Lawrence stated applicants that applied for multiple grants were more likely to be awarded all or most of their requests and proposed that all three applications be submitted. Councilwoman Wiggishoff suggested all grants should be applied for. Mayor Cutillo expressed his preference for all projects to be completed at Golden Eagle Park as a priority before other parks were started or applications for grants were processed. Councilman O'Brien MOVED to approve Resolutions 1995-42, 1995-43 and 1995-44 as presented. Councilwoman Tibbetts SECONDED which CARRIED with a 6-1 vote. Mayor Cutillo cast the nay vote. Ilkur AGENDA ITEM#31-CONSIDERATION OF ACCEPTANCE OF DEDICATION OF DEEDS FROM MCO FOR PORTIONS OF SIERRA MADRE DRIVE, GOLDEN EAGLE BOULEVARD AND PALISADES BOULEVARD,CONTINGENT UPON REVIEW AND APPROVAL BY THE TOWN ATTORNEY AND THE TOWN ENGINEER. Mr. Nordin stated staff had identified difficulties with the issue of median maintenance and requested this item be tabled until the next Council meeting. Councilman O'Brien MOVED to table this matter until the next Council meeting,August 3, 1995. Councilwoman Wiggishoff SECONDED the matter which CARRIED unanimously. Councilman Lawrence asked staff to review any sidewalk plans for this area. Mayor Cutillo stated that Agenda Item#32 would be discussed after Agenda Item #36 upon the conclusion of the Executive Session. AGENDA ITEM#33- 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 from the public. Minutes of the Special Session of the Town Council 07/05/95 Lre Page 8 of 10 AGENDA ITEM#34-PURSUANT TO A.R.S.38-431.03.A.1.,VOTE TO GO INTO EXECUTIVE SESSION FOR DISCUSSION OR CONSIDERATION OF EMPLOYMENT, ASSIGNMENT. APPOINTMENT, PROMOTION,DEMOTION,DISMISSAL,SALARIES,DISCIPLINING OR RESIGNATION OF A PUBLIC OFFICER, APPOINTEE OR EMPLOYEE OF ANY PUBLIC BODY, EXCEPT THAT WITH THE EXCEPTION OF SALARY DISCUSSIONS,AN OFFICER,APPOINTEE OR EMPLOYEE MAY DEMAND THAT SUCH DISCUSSION OR CONSIDERATION OCCUR AT A PUBLIC MEETING. THE PUBLIC BODY MUST PROVIDE THE OFFICER, APPOINTEE OR EMPLOYEE WITH SUCH PERSONAL NOTICE OF THE EXECUTIVE SESSION AS IS APPROPRIATE BUT NOT LESS THAN 24 HOURS FOR THE OFFICER, APPOINTEE OR EMPLOYEE TO DETERMINE WHETHER SUCH DISCUSSION OR CONSIDERATION SHOULD OCCUR AT A PUBLIC MEETING. THE COUNCIL WILL BE DISCUSSING A CHANGE IN THE WAGES LINE ITEM OF THE 1995/96 MAGISTRATE COURT BUDGET. Councilman Lawrence MOVED to go into Executive Session. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. Mayor Cutillo recessed the Special Session at 9:30 P.M. AGENDA ITEM#35 - RETURN TO REGULAR SESSION. Mayor Cutillo reconvened the Regular Session at 10:08 P.M. AGENDA ITEM #36 - CONSIDERATION OF AMENDING THE WAGES LINE ITEM IN THE 1995/96 MAGISTRATE COURT BUDGET. Vice Mayor Clark MOVED to reduce the Magistrate Court's budget by approximately$25,000 and transferring it to the Marshal's Department and increasing the Marshal's Department budget by approximately $7,200 to provide for one full-time Deputy Marshal at the current entry level pay of$27,328 and that an officer of the Marshal's Department be assigned on a 40-hour per week basis to the Court as a Court Officer. Councilman Hudson SECONDED the motion which CARRIED unanimously. AGENDA ITEM#32-CONSIDERATION OF THE ADOPTION OF THE TENTATIVE BUDGET FOR THE FISCAL YEAR 1995/96 WITH APPROPRIATE DIRECTION TO PUBLISH SAID DOCUMENT IN ACCORDANCE WITH STATE LAW. Vice Mayor Clark MOVED to adopt the budget with an additional revision that the Community Development budget add$4,000 for conferences and educational expenses for Planning&Zoning Commission members. He stated P&Z members were not aware money existed in the budget for these purposes and had not used budgeted funds. Councilwoman Tibbetts SECONDED the motion which CARRIED unanimously. AGENDA ITEM#37 - ADJOURNMENT. Councilman Lawrence MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion which CARRIED unanimously. The meeting adjourned at 10:20 P.M. Minutes of the Special Session of the Town Council 07/05/95 Page 9 of 10 TOWN OF FOUNTAIN HILLS By: Jo Cutillo, Mayor ATTEST: CA.44,A--�_ J 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 5th day of July, 1995. I further certify that the meeting was duly called and that a quorum was present. DATED this 3rd day of August, 1995. 41 AlcUvL4 Cassie B. Hansen, Town Clerk Minutes of the Special Session of the Town Council 07/05/95 Page 10 of 10