HomeMy WebLinkAbout1991.1105.TCWSM.Minutes TOWN OF FOUNTAIN HILLS
MINUTES OF THE WORK/STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL
NOVEMBER 5, 1991
A public work study session of the Fountain Hills Town Council was convened and
called to order by Mayor John Cutillo at 6:30 p.m. , Tuesday, November 5, 1991,
in the Council Chambers of the Town Hall Offices located at 16836 E. Palisades
Blvd. , Building C, Fountain Hills, Arizona.
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, Mike Minarsich, Charlie Fox, Wally Hudson and Bill O'Brien. Also
present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Planner
Gary Jeppson, and Town Clerk Cassie Hansen.
AGENDA ITEM #2 — MAGISTRATES REPORT
Judge Shoob said that outstanding fees had increased at a rate of $6,000 to
$6,400 per month. The second page of his report gave the number of persons that
had warrants issued, etc. the third page of his report was from the Maricopa
County Sheriff's office. On October 27th, the Sheriff's Department issued
approximately thirty citations during a road block for truck inspections.
Judge Shoob explained the difference between civil traffic and criminal traffic
violations. Mayor Cutillo asked about the status of the collections person.
Judge Shoob said the original recommendation was for the Court to apply for an
eighteen month grant. He and Marshal Dean had put the program together upon
presentation to the Supreme Court, were told it would only be guaranteed for
twelve months. Judge Shoob said that the Supreme Court had requested a letter
from the Town stating that after twelve months, if the program proved to be cost
effective, the Town would then pick it up. Councilman Minarsich asked what would
determine if the program was working. Judge Shoob replied that, at the end of
the first year, if it cost $30,000 per year and was collecting at least that much
a year, then it was probably cost effective. He said that it would be up to the
Council at that time to determine if the position would become permanent. Mr.
Nordin stated that he would write the request letter on behalf of the Council.
AGENDA ITEM #3 — MAYOR'S REPORT
#3.A. Landfill siting committee report. Mayor Cutillo said that the committee
met on October 29 and the siting contract had been awarded to Malcolm Pirnie, a
consulting firm. He said that the study would take twelve months and there would
be two public meetings held. He stated that the first public hearing would be
in approximately seven months and there would be six sites selected. Mayor
Minutes of the Work/Study Session of the Town Council 11/05/91
Page 1 of 9
L
Cutillo explained that the second public hearing would be after eleven months and
at that time the selection of sites would be reduced to two sites. He said that
at that time, the committee would select one of the two sites to present to the
County for final approval . *111)
#3.B. MAG meeting report. Mayor Cutillo said that the meeting was mostly on the
weighted voting issue. He stated that there was going to be a special meeting
on November 19 regarding the weighted voting adding that all of the documents
were available in his office, for inspection. Mayor Cutillo stated that there
had been discussions with A.D.O.T. and MAG regarding responsibility for building
on the freeways and there seemed to be a better understanding about
communications.
#3.C. League of Cities and Towns Conference. Councilwoman Tibbetts said that she
spent the first day with all of the elected women in municipal government in
Arizona. She said that she also attended a session on the new Americans with
disabilities access Federal laws, adding that it would effect our community.
AGENDA TTEM #4 — PRESENTATION ON THE INSTALLATION OF A TELETRACK WAGERING
FACILITY IN FOUNTAIN HILLS BY REPRESENTATIVES FROM AMERICAN GREYHOUND RACING INC.
AND WESTERN GREYHOUND RACING INC.
Mr. Nordin stated that staff had researched the issue in depth and referred to
the recommendation from the Planning and Zoning Commission. Mr. Nordin presented
the application and a memo uupdate from Ms. Hansen. He said that staff had tried
to give the Council all information possible on the subject. He said that there
were six race tracks in the state. Mr. Farrell said that off track betting has
been approved within the last two years. He said that the concept of allowing
the televised races at facilities other than at race tracks was introduced into
the legislature in 1990. It had been amended in 1991 because of some
disagreements due to the two types of racing. Mr. Farrell sited State Statutes
that required many approvals and inspections before approval of the Council and
the Arizona Racing Commission. Mr. Farrell stated that there were very strict
laws regarding gambling and violations of these were felonies. He stated that
the Council, in this case, was only the recommending body, the Arizona Racing
Commission was the granting body. Mr. Lindy Funkhouser, an attorney that
represented Phoenix Greyhound Park, stated that if it appeared that the Council
would not approve the application, they would not pursue the application. Mr.
Funkhouser gave the background of paramutual wagering in Arizona, stating that
it had been in the state for approximately fifty years. He stated that eighty
percent of the money that was wagered was returned to the betters. Mr.
Funkhouser said that out of the wagers, five to six percent went to the state for
the expenses of the State Racing Commission and to the General Fund. He added
that approximately four percent went to purses for the breeders and the remainder
went to the operator of the facility, or eleven percent. Mr. Funkhouser said
that racing employed many persons, stewards, vets, breeders, and paramutual
tellers. He stated that they had three charity events per year, doing many
Minutes of the Work/Study Session of the Town Council 11/05/91
Page 2 of 9
charitable things throughout the community. Mr. Funkhouser stated that they
first considered Mickey's Place in Fountain Hills, but later determined they did
not have the proper handicapped facilities. He said that the Village Pub
approached them and that was their location of choice. They anticipated only two
paramutual facilities in the town which would be subject to an annual renewal .
Mr. Funkhouser stated that their facilities were located in seventeen cities
around the state, fourteen of which were not rare tracks, and none of the law
enforcement agencies had any problem with them. Mr. Funkhouser said that they
were not interested in eighteen year olds betting in an establishment where
twenty-one was the legal drinking age. He referred to the Youngtown report .
Mayor Cutillo asked about the proceeds and if the tellers would be local people.
Mr. Funkhouser said that the expected concessions figure of $100,900 was correct
and they would hire local people. Mr. Jack Ketterer, Vice President and General
Manager of American Greyhound Racing took over the floor and said that in the ten
years of the Phoenix Greyhound Foundation's existence, they had given between
$300,000 and $400,000 annually throughout the Phoenix area to charities in the
communities where they had facilities. Mr. Ketterer then gave a brief background
on himself. He stated that the Commission was not required to prohibit eighteen
year olds or under to stay out of the facility however they did require that they
stay out of the area of the teller window. Mr. Ketterer said that they started
off site wagering last April and have opened two or three sites per month since
then. He said that they would have twenty to twenty-five sites by the end of the
year and they wciuld stop expanding at that time. Councilman Hudson asked if they
could accept out of state races and Mr. Ketterer said they do not do that at the
off site facilities. Mr. Farrell said that in Maricopa County, if a facility had
nine live races, they could bring in outside races. Councilwoman Tibbetts asked
if the local facility was obligated to carry all the races and Mr. Ketterer
replied that their schedule was Tuesday through Sunday evenings, seven thirty to
ten thirty and on Friday and Saturday nights they would run until eleven o'clock.
He added that by statute, they could not start a race after midnight, however,
they did expect the facility to be open every night. Councilman O'Brien asked
how close to the track they would be willing to go and Mr. Ketterer stated that
he felt Max's was about as close as they would go, which was about fifteen miles
from the track. He said their object was to take the product to the people. Mr.
Nordin stated that Mesa and Sedona had turned down the proposal and Camp Verde
had also. Mr. Ketterer said that the Mesa and Sedona denials were the horse
track applications and they had received inquiries from Camp Verde, but they
chose to go other places. Mr. Funkhouser stated that they did not intend to
telecast the afternoon races, only the evening ones. Regarding the out of state
races, they had taken the position that they could only be received at the actual
track. Mr. Ketterer stated that if they decided to run the matinee races, they
would come back before the Council . Councilman Fox asked what their costs were.
Mr. Ketterer said that they had many variable costs, telephone installation, tote
machines, the satellite and television screens. He stated that it would cost
approximately $150 at the site, per performance for the labor, phone, television,
and lease of the two mutual machines and additionally, $1500 to $2000 per
performance, to send the signal. up. Mr. Ketterer said that they have an off
track betting manager that supervised all the off track facilities. He said
there were also expenses for training personnel as well as significant legal
expenses. Councilman Fox stated that it appeared to him that they would be at
Minutes of the Work/Study Session of the Town Council 11/05/91
Page 3 of 9
an almost break even point and Mr. Ketterer stated that there was no way to
predict what they would do, however, he felt certain that they would make money
at the facility. Councilwoman Tibbetts asked how much area the equipment and
personnel would take up and Mr. Ketterer said not more than a four by six foot
area, with additional room for the betters to line up. He stated that they would
have a safe on the property and if there were large pay offs, $500 or more, a
check would he sent the next day. Councilman Fox stated that there were windows
where the teller windows were proposed and Ms. Scribner stated that they would
move the tables. Mr. Arnold VanPuttenhark, a member of the newcomer's club and
a one year stated that they chose Fountain Hills as their community because of
its reputation. Mr. VanRuttenhack suggested that the Council be as careful with
this decision as with the twelve month study and two hearings on the landfill .
He wanted to know what the benefits of the windows were. Mr. John Blake stated
that he had lived in Fountain Hills for five years and in Arizona for thirty—two
years. He had no problem with the proposal and felt that the revenues from the
facility would benefit this community. Mr. Blake stated that everyone working
in the bar would have to he licensed by the State of Arizona. Mr. Blake referred
to the casino that we had near here and he felt that that was more of a problem.
Councilman Minarsich stated that the staff had researched the situation carefully
and other towns had had no problems from the teller windows. Ms. Mary Petrov
stated that she was concerned that it had not been presented to the public even
though it probably would not harm the community and would increase revenue. Mr.
K.P. Westbrook -stated that he had read about this in the newspaper. Mayor
Cutillo stated that anyone from the public wishing more information on the
subject could come to Town Hall for backup mterials and to the Thursday night
meeting. Mayor Cutillo stated that he had heard nothing valid to vote against
it and felt it would enhance one of the town's businesses. Mr. Don Merriman
stated that he felt that it would be a positive event and, as the Mayor stated,
give the citizens of Fountain Hills something additional to do. Ms. Sandy
McKenzie stated that there was a compulsive gambler in her family and said that
it was very sad to deal with the heartache. She felt that it should not he that
close to home. Councilman Fox had questions regarding the figures in the report
and wondered if the figures were accurate. Councilman Minarsich stated it was
not the Council's concern. He added that when the Town adds a sales tax, the
Town would directly benefit from the revenues, until then the monetary benefit
to the Town would he $50 per year for the business license. Vice Mayor Clark
stated that he had had many conversations with residents who for the most part
did not care. If it would benefit the town, it would be allright . Ms. Mary
Petrov referred to the problems that off track betting had created and referred
specifically to Queens, New York. Mr. Ketterer agreed with her and stated that
this was an all together different situation.
Mayor Cutillo called for a ten minute recess. The Council recessed at 8:20 p.m.
and reconvened at 8:30 p.m.
AGENDA TTEM #5 — REVIEW OF STUDY SESSTONS, PURPOSE AND CONTENT.
Councilman Hudson addressed the purpose of the work study sessions stating that
Minutes of the Work/Study Session of the Town Council 11/05/91
Page 4 of 9
many of the topics such as special event requests , the manager's report , the
mayor's report , the magistrate's report , should all be addressed at the regular
• meetings. He suggested that the Town Manager and the Mayor discuss the items and
Lor decide what is needed to be put on each agenda . Councilman Hudson suggested that
Mr. Bill Farrell may not he needed at all the work study sessions, saving the
Town a lot of money. Councilman Fox stated that he did not agree with Councilman
Hudson, adding that the work study discussions helped him make decisions.
Councilman O'Brien stated that they had learned about consent agendas in Yuma and
that should he considered . Mayor Cutillo stated that one of the important things
that was learned in Yuma was the need of work study sessions. Councilwoman
Tibbetts stared that the work study sessions were an important public relations
avenue for the community and she found them very helpful . Councilman Minarsich
stated that he was not in favor of consent agendas and felt that they did not
save much time. Mr. Farrell stated that consent agenda items come from a Council
policy stating that items such as special event permits, liquor license
applications, paying of bills, and matters of a routine and reoccurring nature
shall he put on a consent agenda form. Mr. Nordin said that the work study
sessions give staff and the Council a chance to discuss issues and express
concerns in an open meeting that was properly agendized. Mr. Nordin suggested
that if the manager's report topics were listed in a Council packet , then Council
members could address them before the Council meeting. Mr. Nordin stated that
staff had used the work study session as a mechanism to hear what the Council had
to say about isues. Mayor Cutillo stated that he felt there would be confusion
about what should go on the agendas and what should not . Councilman O'Brien
stated that there could he a policy made up stating the type of items should he
included on which agenda. Mayor Cutillo stated that it should be staff's
decision whether legal counsel was needed at the meeting.
AGENDA TTEM 09 - APPROVAL OF THE FTNAL PLAT FOR SUNFLOWER CONDOMTNTUMS.
No questions or discussion from the Council .
AGENDA TTEM 06 - TOWN MANAGER'S REPORT
06.A. 1 . Projer.t update, Beeline Highway update; 2. Street paving update; 3.
Signing and striping report; 4. Golden Eagle Park update; 5. Changing the speed
limit on Fountain Hills Boulevard.
On item number 5, Councilman Hudson commented reducing the speed limit on
Fountain Hills Boulevard from forty-five to thirty-five, that it was difficult
to slow down going down the hill . Ms. Robin Goodman addressed item number 4, the
Golden Eagle Park update. She explained that when the Town was granted title to
the property and put money into the property, the grant would reimburse the
expenditures. Ms. Goodman stated that the Town would submit the expenses on a
monthly basis and reimbursement would take ten days. She explained the waiver
of retroactivity and stated that the Town would be able to use it in one year,
in 1992. She stated. that MCO had initially offered to donate the land and the
Minutes of the Work/Study Session of the Town Council 11/05/91
Page 5 of 9
L
initial improvements to the land . Ms. Goodman met with Mr. Walt Dunn from the
Fountain Hills School District and he had commented that if MCO would not do the
rough grading, the District would consider building the ball diamond on their own
property. Mr. Nordin said that he and Ms . Goodman were going to meet with Mr.
Dunn again. Ms. Goodman stated that any additional dollars would be matched , no
matter what the source.
06.11 1 . Chamber of Commerce special event requiests for the Thanksgiving Day
Parade and the November Art Festival ; 2. Sunset Kiwanis special event requests
for a Biathlon and Carnival ; 3. Maricopa County Sheriff's Department special
event request for a hike rodeo and exhibits in the park.
Mayor Cutillo asked if the certificate of insurance question had been answered
regarding the carnival and Ms. Hansen stated that everything was in order and
staff had received the updated certificates.
06.11.4. Consultant selection for the general plan.
Mr. Nordin referred to Mr. .Teppson's memo, stating that the committee was
impressed with the Vernon Swaback Company who they recommended for the contract .
He stated that the committee also recommended an additional $14,000 expenditure
over the $60,000 grant money. Mayor Cutillo asked why the recommended team was
$14,000 more than the others. Mr. .Teppson stated that in the written and oral
presentations, Vernon Swaback demonstrated to the committee that they had
outstanding past experience and their expertise was what was needed for the
community. Councilman Minarsich asked if Vernon Swaback was willing to negotiate
with the Town and Mr. Jeppson stated that they were but it would mean a reduction
• in the scope of work and services. Mr. Nordin stated that in dealing with a
general plan, the chosen firm needed to he highly qualified and skilled at making
public. presentations . Vice Mayor Clark stated that if the contract was
negotiated down, they would obviously put in fewer hours . Mr. Jeppson said that
the Vernon Swaback proposal involved an additional two hundred hours over the
other companies. Mr. Rick Counts with Gruen & Associates spoke to the Council
and stated that he had not attended the meeting to make a presentation but to
obtain information. He did comment on how he had hid the project and stated that
his company did know how much the grant for the project was and they had tailored
their bid accordingly. Mr. Counts stated that every city and town in the state
of Arizona that had used his firm had invited them hack to do more work. Mayor
Cutillo asked why there was a two hundred hour difference in the two bids and Mr.
Counts said that there were two ways to look at that question. He stated that
you could look at a discreet two hundred hours or at the validity of the product
in whatever time that it would take. Mr. Counts said it was proposed in such a
way that each company was to figure what they thought it would take to do the job
for the Town of Fountain Hills. He stated that he felt it should be presented
in terms of effort and product , not hours. Councilman Minarsich asked Mr. Smith
to address the method of development in Fountain Hills and he replied that it
should accommodate the local population and the terrain. Ms. Jackie Guthrie from
Cornoyer-Hedrick spoke next and said that she was there to learn why the
Minutes of the Work/Study Session of the Town Council 11/09/91
Page 6 of 9
committee had made their selection. Mr. John Swaither from Vernon Swahark spoke
and stated that they had submitted two proposals to the Town, one written and one
oral . Mr. Swaither addressed the fee difference and he stated that there were
many many hours involved in organizing and attending meetings and public
conferences. He said that they had specified all of their qualifications and put
together a team to cater to the needs of Fountain Hills . Mr. Swaither said that
the four critical areas that they addressed in their proposal were hillside
preservation, park planning, economic development , and citizen participation.
Councilman O'Brien stated that he was pleased to have three such fine
corporations to choose from.
#6.R.5. Participating in the joint purchase of a community portable stage.
Mr. Nordin said that staff had worked out a plan which was referred to in his
memo. Mayor Cutillo wanted confirmation on the Kiwanis ' participation and he
asked Councilman Hudson about the liability on the Town for insuring the Kiwanis '
for setting up the stage. Councilman Hudson stated that the Kiwanis' would not
he insured by the Town's insurance for injuries . He added that if they chose
to sue the town , the town would he defended . Councilman Hudson said that the
only extra cost would he in the property coverage, not the liability.
Councilwoman Tihhetts said that Mr. Tom Straub had researched the issue of the
installation of the stage for events and the committee had proposed a $150 fee.
She added that -it was a reasonable fee and suggested a $50 fee to go into a
maintenance fund. Mr. Hansen asked. if there would he different fees for
different events and different stagge configurations and the Council stated that
there would he different fees, etc.
#6.11.6. Entering into an intergovernmental agreement with the Fire District for
paving in front of the new station.
There was no discussion on this item.
#6.R.7. Awarding the local Transportation Authority Fund monies.
Yr. Nordin stated that the award recipients were the Historical Society, the
McDowell. Mountain PTA and the Fountain Hills Community Theater. He added that
the three were chosen because the selection committee felt the applications were
superior. Councilman O'Brien stated that he felt the town should support the
drug alliance organization and Councilman Minarsich agreed . Councilwoman
Tihhetts also agreed and Councilman Fox stated that he had a problem with the
fart that both PTA's had applied and only one was awarded. Vice Mayor Clark
agreed with Councilman Fox and said that he felt that the PTA 's and all the
service clubs should he excluded . Mayor Cutillo agreed with Councilmen O'Brien,
Minarsich and Clark and said that he felt that the drug alliance
committee ought to get as much help as possible. Mr. Nordin stated that the
three that were on the list that were funded by private persons were the drug
alliance, the Historical Society and the Community Theater.
Minutes of the Work/Study Session of the Town Council ll/05/91.
Page 7 of 9
AGENDA TTFM 07 - ORDINANCE 91-17, AMFNDTN', THE. FOUNTAIN HILLS CODE BY ADDTNG
THERETO A NEW CHAPTER 16 FNT'TTT,ED STREETS ANT) SIDEWALKS, AND PROVTDTNG FOR
ENCROACHMENT PFRMTTS FOR PURTTC STREETS, RTGHTS-OF-WAY AND WATER COURSES.
NI)
Councilman Hudson stated that this ordinance would have to he kept in mind when
the sign ordinance was done. Councilman Fox said that the mailbox posts issue,
would he a problem for staff's enforcement. He also commented on the decomposed
granite and asked what size was required. Mr. Farrell stated that the Town
Engineer would make a derision if the question arose. Mr. Farrell called the
Council 's attention to the changes in the ordinance, pointing out that the words
public utility had been removed from the definition of right of way. He added
that the Town had no authority regarding the utility easements however did have
authority in the drainage easements. Mr. Nordin said that staff recommended the
approval of the ordinance. HP said that staff would then need a motion from the
Council to notify all adjacent property owners at the earliest possible time
after application had been made to use the easement . Mr. Farrell stated that it
would need to be made clear to the public that the Town did not need permission
to enter the easement since the Town had the right to work in them when
necessary.
AGENDA ITEM #R = ORDINANCE 91-1R, AMENDING THE TOWN CODE CHAPTER 2, ARTTCLR 2-3
BY ADDING A NEW SECTION 2-3-5 DEALING WiTH THE DIRECT ELECTION OF MAYOR AND
PROVIDING FOR A VOTE OF THE QUALIFIED ELECTORS OF THE TOWN APPROVING THE DIRECT
ELECTION OF MAYOR.
Mayor Cutillo spoke in favor of the ordinance stating that the mayor represented
the people in the community and therefore he felt that the people in the
community should choose the mayor. Councilman Minarsich was opposed to the
ordinance saving that the Council should fill the position among themselves.
Councilman Hudson said that the citizen's committee that worked on the rode
reviewed eight different nodes that required an elected mayor. They felt that
the way the rode was eventually written was the right way. Councilman Hudson
said that he felt if this was to he changed; it ought to come from a petition
from the people. Councilman O'Brien stated that the Council should explain to
the public what their options were. HP felt that the public should decide. Mr.
Farrell said that the proper time to present this would he at the 1992 election
and added that the election of the Mayor eliminated one Council seat . He added
that if it was not done at this election , he recommended waiting four years to
re-present it . Councilman Fox stated that the electorate had the right to have
this presented to them. Councilman Fox said that he was in favor of four year
terms.
AGENDA ITEM #10 — GO INTO SPECIAL SESSION AND PURSUANT TO A.R.S. .38-431..03.A.4. ,
VOTE TO GO INTO EXECUTIVE SESSION TO DISCUSS WiTH THE ATTORNEYS OF THE PUBLIC
BODY TN ORDER TO CONSIDER TTS POSITION AND INSTRUCT iTS ATTORNEYS REGARDING THE
PTTRT,TC BODY'S POSITION TN PENDING OR CONTEMPLATED LITIGATION.
Minutes of the Work/Study Session of the Town Council 11/05/91
Page R of 9
Mayor Cntilln called the Council into a Special Session at 11 :04 p.m. and roll
call was taken. All Council members were present . Vice Mayor Clark made a
MOTTON to go into Executive Session. SECONDED by Councilman Hudson and CARRIED
41111, unanimously. The Council took a short break and went into Executive Session at
11 : 10 p.m.
AGENDA TTEM #11 — ADJOURNMENT
The Town Council went hack into Special Session at 11 :21 p.m. . Councilman Fox
made a MOTTON to adjourn. SECONDED by Councilman O'Brien and CARRTED
unanimously.
The Town Council adjourned the Work/Study session at approximately 11 :24 p.m.
TOWN OF ITT N HIT,T S
��
.Tohn t7F1lo, Mayor
ATTEST: C�D- �-
Cassie B. Hansen , Town Clerk
PREPARED RV4L. Brhr, Secretary
.I
g/alt-C1.44.0
CFRTTFTCATTON
T hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the Work/Study Session held by the Town Council of Fountain Hills on
the 5th day of November 1991 . T further certify that the meeting was duly called
and that a quorum was present .
DATED this oD 1 S'f' day of November 1 991 .
OAL. `46
Cassie R. Hansen, Town Clerk
Minutes of the Work/Study Session of the Town Council 11 /05/91
Page 9 of 9
L
j