Loading...
HomeMy WebLinkAbout1991.1107.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL NOVEMBER 7, 1991 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor John Cutillo at 6:30 p.m. , Thursday, November 7, 1991 , in the Fountain Hills Town Hall , located at 16836 E. Palisades Blvd. , Building C, Fountain Hills, Arizona. ROLL CALL - Following the pledge to the flag and the invocation by Reverend Gary Emmons from Christ 's Church, 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, Mike Minarsich, Charlie Fox, Wally Hudson and Bill O'Brien. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell , Director of Community Development Gary Jeppson, and Town Clerk Cassie Hansen. AGENDA ITEM #2 -ACCEPTANCE OF THE MEETING MINUTES OF OCTOBER 15TH AND 17TH, 1991. Councilman Minarsich made a MOTION to accept the minutes. SECONDED by Vice Mayor Clark and CARRIED unanimously. AGENDA ITEM #3 - CONVEYANCE OF THE VICE MAYOR POSITION FROM COUNCILMAN CLARK TO COUNCILWOMAN TIBBETTS. Conveyance of the Vice Mayor position was made to Councilwoman Tibbetts and Mayor Cutillo explained the Council 's proceedings. He stated that the Council had voted to have the position of Vice Mayor change every eight months so that in a four year period, all of the Council members would have a chance to have a term. AGENDA ITEM #4 - REPORT BY DAN FOSTER, TOWN REPRESENTATIVE TO THE MARICOPA COUNTY LIBRARY DISTRICT YEAR 2016 VISIONING PROCESS WORKSHOP. Mr. Foster, President of the Fountain Hills Library Association, attended the 2016 visioning process workshop. He said that the workshop was sponsored by the Maricopa County Library District and was conducted by the Arizona Governmental Training Service. He explained that visioning was the process by which they put aside reason and look to the future as they would like it to be. Mr. Foster said that the goal of the workshop was to discover a common vision for public library services and systems in Maricopa County. He stated that the conclusion of this was that the library of tomorrow would he much more than a place to go to have access to books, it would he a complete reference source. Mr. Foster stated that he had learned at the two day workshop that Maricopa County would consider building a library for the Town if the Town would provide the land. Minutes of the Regular Session of the Town Council 11/07/91 Page 1 of 9 AGENDA ITEM #10 - CALL TO THE PUBLIC Mayor Cutillo made an early call to the public. Mr. Paul Gilbert of 3200 North Central, attorney for the McDonald's Corporation stated that he was there to inform the Council that he felt there were some major misunderstandings regarding the way their case was handled and presented to the Council. Mr. Gilbert said that it was their desire to work with the Town and that had not happened in the recent situation. He stated that he was there to apologize in behalf of the corporation. AGENDA ITEM #5 - PRESENTATION. (WITH POSSIBLE ACTION BY THE COUNCIL), ON THE INSTALLATION OF A TELETRACK WAGERING FACILITY IN FOUNTAIN HILLS BY REPRESENTATIVES FROM AMERICAN GREYHOUND RACING INC. AND WESTERN GREYHOUND RACING INC. Mr. Lindy Funkhouser began the presentation and stated that they were requesting the approval of an additional wagering facility at the Village Pub in Fountain Hills, Arizona. Mr. Funkhouser said that whatever the Council decided, the request would stop at their recommendation. He gave a brief summary regarding the choice of -the Pub and also the procedures they went through with the application. He said that they felt that the teller windows would bring an additional $100,000 in revenue to the Village Pub. Ms. Donna Ryan spoke as one of the stockholders of the Village Pub and stated that they had had the establishment for ten years. Ms. Ryan said that they have operated the bar and restaurant very responsibly during that entire time. She added that they had not allowed any of the types of things that people were concerned with to go on in those years and they would not permit them to happen if the teller windows were installed. She said that the permit was for only one year and that at the end of that year it would have to be renewed. She stated that if there was a problem of any kind, it would not be renewed. Mr. Jack Ketterer the vice president and general manager of the Phoenix Greyhound park took the floor and stated that they had been racing at the same site since 1954. He said that the Phoenix Greyhound Racing Foundation was founded ten years ago and in that time they had contributed $3-4 million to the local communities where they operated facilities. Mr. Ketterer said that their policy concerning their off track betting sites was whatever the percentage they were of the total, the Foundation would contribute that amount. He also stated that they had twelve charity days per year and on those days, they donated all of the profits to the Foundation and that was how it was funded. Mr. Ketterer said that since April 1991 they had installed approximately three off track facilities per month. He added that their philosophy was to take their product to the people. Mr. Ketterer said that they had not been turned down by any Town Council they had approached. Councilman Hudson asked if they would show out-of-state races and Mr. Ketterer said on November 23 there was a race called the Greyhound Race of Champions, held in Florida. He said that that was the only race they planned to show and that there were two Phoenix dogs that would run in that race. Councilman Clark asked Ms. Ryan if they planned to change the facility and she replied that it would remain a restaurant and would not change. Councilman Fox asked if the establishment was required by law to report any trouble of incident. Mr. Ketterer stated that they were required to and they were also instructed to file it with the Foundation and Minutes of the Regular Session of the Town Council 11/07/91 Page 2 of 9 Commission. Councilman Fox requested Mr. Farrell give a synopsis of off track betting. Mr. Farrell said that the history was very brief since off track betting was only approved in 1990. He stated that if there was a violation of the law at the facility, there would be infractions from the State Liquor Licensing Agency and the State Racing Commission. Mr. Hansen spoke in support of the proposal because it would bring some employment, it would be an infusion for the businesses and he submitted a petition with approximately thirty signatures and stated that they had spoken with about sixty more that were in favor of the proposal. Mr. Blake, 17435 Oro Grande, spoke in favor of the proposed off track betting teller and said that he thought that it would not present any problems for the Town. He stated that no one would force someone to go into the establishment and bet. Mr. Blake turned in a petition with twenty- nine signatures in favor of the proposal. Mr. George Smith, 14211 Calle del Oro, spoke in favor of the proposed off track betting teller. He stated that he had read the article in the paper about the teller and he said that he could not believe the remarks that had come from the meeting. Mr. Smith said that the teller windows were operated and regulated by a state commission and it was not a private company. He addressed the written comments and disagreed with them stating that he could see no difference in this and the state lottery. Mr. Glenn Dom spoke against the proposal stating that he was a new resident to Fountain Hills and had moved here from New York. He questioned the increase in revenue and Mr. Funkhouser referred to earlier and Mayor Cutillo clarified this for him. Mr. Jim Summers spoke against the proposal and said the Council should ask if the teller window was going to do the community any good or enhance it's livability. He stated that he had lived in several towns and the ones that had gone down hill were the ones where the government hadn't sufficiently filtered activities. Mr. Clint Foreman, on Panorama Drive, spoke against the proposal saying he saw no LIPreason to open our town to gambling and that it would be the start of illicit activities. Ms. Audrey Blake, Oro Grande Drive, stated that she was in favor of the off track betting and that she used to be a waitress at the Greyhound Park. She stated that there was no difference in that and buying a lottery ticket. Ms. Sandra McKenzie, 14661 N. Fairlynn Drive, spoke against the off track wagering and presented a petition of 165 signatures. She stated that there would be a flood of drunk drivers leaving the Village Pub parking lot and it would be detrimental to the children in the community. Ms. June Post, 17014 E. Rand Drive, spoke out against the teller windows and stated that she felt our residents were close enough to Apache Junction and Phoenix that they could go to those facilities. Mr. Mike Sullivan, 14236-1 N. Saguaro Boulevard, stated he felt it was an atrocity to bring this into the community. Ms. Mary Hamilton, 16108 Emerald Drive, moved from New York approximately eighteen years ago. She had worked around the track atmosphere many years. Ms. Hamilton raised a son, who is an honor student, as a single parent in the track atmosphere and there had never been a moral problem with him. She stated that there would be no increase in undesirable persons in the community. Mr. Dick Songer, Jacklin Drive, stated that this proposal had been presented to the public just a short while ago and he requested that the Council allow more time for the public to digest it. Mr. Bill Tesmer, 17144 East Rand Drive, asked who staff was and Mr. Nordin stated that he did not feel that the staff had recommended approval to the Council but that staff had provided information to the Council on the item. He said that there had not been a firm position taken by anyone. Mr. Tesmer stated that he had gathered fifty-nine signatures against the teller window, eight in favor of Minutes of the Regular Session of the Town Council 11/07/91 Page 3 of 9 it and eight that didn't care either way. He stated that he also had concerns about the moral issue. He referred to the staff memo which stated that Sedona had said their interpretation of the legislation governing the licensing was that they did have discretionary power over the license and they used that power to vote it down, 7-0. Mr. Tesmer continued saying that they had publically stated that off track betting did not meet the goals and objectives of their general plan. Mr. Tesmer asked the Mayor what the goals and objectives for the Town of Fountain Hills were. Mayor Cutillo stated that there was not a brief one or two statement answer to that question and that they would have to study it. Mr. Tesmer stated that the second consideration with this was an increase in traffic. Councilman Minarsich pointed out that the cities of Sedona and Mesa were not approached by the track for an off track betting window. Mr. Dale Phillips, not a full time resident, here for the winter, stated that he needed more time to study the issue. Mr. Stan Dallman, Dixie Mine Trail, stated that he had been employed by the racing industry for twenty years in New York. He stated that the off track betting was not a good situation in a large city. Mr. Don Merriman, Carmel, spoke in favor of the tellers adding that any kind of increase in business would create an increase in traffic. He also pointed out that if people were against it, that gambling in the churches should also be eliminated. Mr. Arnold VanRuttenback, 15215 San Thomas Place, spoke against the proposal and asked Mr. Ketterer for some demographics of the individuals that used the off track betting facilities. Mr. Ketterer said that the persons were different in every community. Mr. VanRuttenback asked what evenings and times the races would run and Mr. Ketterer stated that they would be open Tuesday through Thursday evenings from 7:30 to 10:30 p.m. and Friday and Saturdays from 7:30 to 11:00 p.m. Mr. VanRuttenback spoke out against the teller window and stated that he felt it should be tabled at that time. Ms. Chris Sircue, 14849 North Kingsway, and she spoke out against it, saying that this community did not need to be like Phoenix or Apache Junction. She stated that the off track betting was not a product as it was continually referred to. Mr. Blake spoke again stating that if the off track betting was immoral then so was a Las Vegas night or bingo in the churches, etc. He said that he did not believe that the off track betting would bring out any type of criminal activity. Mr. Dave Reynolds, 14557 Palomino, stated that the off track betting did not fit with his image of himself and Fountain Hills. He pointed out an example from the road district era stating that theory of a "special interest" was illegal and potentially discriminates against others who may want to participate as a business. Mr. Reynolds stated that this was a government regulated/run operation and it gave other business people in the community no opportunity to compete. Mr. Bob Thomas, Vice Chairman of the Planning and Zoning Commission, explained the Commission's memorandum, stating that even though it said the proposed facility met the minimum requirements, they had unanimously recommended denial of the request. He added that it was not the Planning and Zoning Commission's place to make any moral judgements but to protect the welfare of the citizenry. Mayor Cutillo made a MOTION to accept the proposal as offered. SECONDED by Councilman Minarsich. Councilman Fox made an AMENDMENT TO THE MOTION to direct staff to regulate the control of the off track wagering window by an ordinance. Councilman Minarsich SECONDED the amendment. Councilman Fox explained that he felt that to help protect the Town, a justifiable reason to deny renewal would be necessary. He stated that Fountain Hills' ordinance, as with Glendale's ordinance, no person under a certain age would be allowed in the wagering facility, also that three validated incidences Minutes of the Regular Session of the Town Council 11/07/91 Page 4 of 9 would he reason for renewal. He added that identification would be necessary for 46, a person to enter the facility to establish that they were of legal age to enter. Councilman Fox said that the ordinance should specify that proper security would be maintained at the facility and that the wagering pay off in the amount of $500 or larger would be made in the form of a check or voucher. He said that another topic in the ordinance should be that there be only one track per business. Councilman Minarsich reiterated that the approval of his motion was contingent upon the ordinance being the vehicle by which they give approval. Councilman Hudson stated that the Council should have the ordinance first. Councilman O'Brien stated that he wanted to table the motion until the ordinance was written. AMENDED MOTION FAILED unanimously. Councilman O'Brien stated that he had always felt the off track betting facility was inappropriate for Fountain Hills. Councilman Hudson stated that the community did not need such a devisive issue in the Town. Councilman Minarsich stated that if the motion failed he wanted to make another motion to reconsider and request staff to compose an appropriate ordinance. Mr. Funkhouser requested that they be allowed to withdraw their request at that point to allow additional study and research. Mayor Cutillo stated that he felt the sooner a decision was made, the better. Vice Mayor Tibbetts agreed with him. Councilman Clark stated that he had agonized over the issue for three weeks and kept changing his mind. Vice Mayor Tibbetts stated that she- felt that this was not the image for Fountain Hills that she wanted. Councilman Fox said he just wanted to see unity and cooperation in the community. Councilman Minarsich stated that the company had a back ground invesitgation done and had an impressive history. Mayor Cutillo called for a roll call vote and the results were five nay votes and two aye, as follows: Vice Mayor Tibbetts Nay Mayor Cutillo Aye Councilman Hudson Nay Councilman Fox Nay Councilman O'Brien Nay Councilman Minarsich Aye Councilman Clark Nay Mayor Cutillo called for a short recess at 8:30 p.m. and the Council reconvened at 8:43 p.m. AGENDA ITEM #6 — TOWN MANAGER'S REPORT #6.A.1 Project update (with possible direction from the Council for appropriate action) Beeline Highway update. Mr. Nordin requested that this item be addressed at a later date and Mayor Cutillo agreed. #6.A.2. Street paving update. Mr. Nordin requested that this item be addressed at a later date and Mayor Cutillo agreed. Minutes of the Regular Session of the Town Council 11/07/91 Page 5 of 9 #6.A.3. & 4. Signing and striping report and changing the speed limit on Fountain Hills Boulevard. Mr. Harrel said that minor modifications to the project were the school cross walk at Fountain Hills Boulevard and Fayette and the speed limit on Fountain Hills Boulevard between Shea and Trevino. He said that staff recommended a speed limit of thirty-five miles per hour for both directions of traffic. Councilman Hudson made a MOTION to approve the Town Engineer's proposed speed limit change on Fountain Hills Boulevard. SECONDED by Councilman Fox and CARRIED unanimously. #6.B.i. , & 2. Discuss and possibly act upon the following: 1. Chamber of Commerce special event requests for the Thanksgiving Day Parade and the November Art Festival, 2. Sunset Kiwanis special event requests forr the Biathlon and Carnival. Mr. Nordin stated that staff recommended approval to the above special events. Councilman Fox made a MOTION to approve items one and two as presented. SECONDED by Vice Mayor Tibbetts and CARRIED unanimously. #6.B.3. Maricopa County Sheriff's Department special event request for a bike rodeo and exhibits in the park. Captain Hendershott introduced Lieutenant Stoner the Fair Chairman and said that they had been working on the event for approximately four and one half months. Captain Hendershott said that they were going to use a different format for the monthly crime reports, to include visual aids. Lieutenant Stoner gave details for the bike rodeo and described the exhibits. Mayor Cutillo made a MOTION to approve the request. SECONDED by Councilman Fox. Mr. Bill Tesmer thanked the Captain for his presentation. CARRIED unanimously. #6.B.4. Consultant selection for the general plan. Mayor Cutillo said staff recommended the selection of Vernon Swaback and stated that there was the consideration of the additional funds of $14,000. Councilman Fox made a MOTION to enter into contract for $73,635 to be negotiated with Vernon Swaback. SECONDED by Vice Mayor Tibbetts. Councilman O'Brien AMENDED THE MOTION to say "not to exceed" and SECONDED by Councilman Fox and CARRIED unanimously as amended. #6.B.5. Participating in the joint purchase of a community portable stage. Mr. Nordin stated that staff had received a written commitment from MCO for participation in the purchase of the stage and staff recommended approval . Mayor Cutillo made a MOTION to approve as requested. SECONDED by Vice Mayor. Tibbetts. Councilman Hudson stated that he would vote no to stay consistent with the way he had voted on other items outside the budget. He said that this purchase was a want not a need. Councilman Hudson addressed budgetary items, spending and costs stating that there were many things that would erode surpluses. Councilman O'Brien said that this was a purchase of property that they would have, use and benefit from as opposed to the fireworks that he could not justify. Vice Mayor Tibbetts referred to the Town Hall and most of the convsations centered around cultural events. She added that when three main entities in a community were willing to go in together on such an item for a substantial amount of money, she felt the Town should be a part of it. Councilman Clark stated that he was in support of Councilman Hudson's statements. He added that he did not believe that the fund was to be dipped into but used as a reserve for the unknown. Councilman Minutes of the Regular Session of the Town Council 11/07/91 Page 6 of 9 Clark stated that if he voted in favor of the purchase, it would be with funds from the Parks and Recreation Department. Councilman Fox called for the QUESTION. SECONDED by Councilman Minarsich and CARRIED unanimously. Mayor Cutillo called for a vote on the motion. MOTION CARRIED five ayes to two nays, the nay votes were cast by Councilman Hudson and Councilman Clark. #6.B.6. Entering into an intergovernmental agreement with the Fire District for paving in front of the new station. Mr. Nordin stated that the Fire District would like to complete all of their paving when their new construction is complete. He said that the Fire District would pay for the paving and the Town would reimburse them only for the cost that the Town would have incurred for that. work. Fire District Chairman Tim Yoder had told Mr. Nordin that the Fire District would get a better unit price for purchasing a larger quantity of paving. Councilman Hudson made a MOTION to approve as proposed. SECONDED by Councilman Clark and CARRIED unanimously. #6.B.7. Awarding the Local Transportation Authority Fund monies. Mr. Nordin called the Council 's attention to a memo from Ms. Hansen in response to the Council 's suggestions at the work study session. Mr. Nordin said that the groups that did not have the total dollar amount that they would grant, would receive their contribution on a dollar for dollar basis. Councilman Clark made a MOTION to approve the recommendation from staff. SECONDED by Councilman Minarsich and CARRIED unanimously. AGENDA ITEM # 7 — ORDINANCE 91-17, AMENDING THE FOUNTAIN HILLS CODE BY ADDING THERETO A NEW CHAPTER 16 ENTITLED STREETS AND SIDEWAIKS, AND PROVIDING FOR ENCROACHMENT PERMITS FOR PUBLIC STREETS, RIGHTS—OF—WAY AND WATER COURSES. Mr. Farrell stated that the Council had a current copy of the Ordinance with the changes on it . Councilman Fox made a MOTION to approve as presented. SECONDED by Councilman Minarsich. Councilman Hudson questioned the definition of encroachment and Mr. Farrell explained. He stated that they did not intend to prohibit the use of any material for the installation of a mailbox as long as it met certain requirements which he read. Mr. Farrell said that if the requirements were met, there would be no fee, no inspection and no permit necessary. Councilman O'Brien asked how the hold harmless clause would work in a lawsuit and Mr. Farrell said it would depend on the situation. He added that there was chance of liability. CARRIED, six aye votes to one nay vote, Councilman O'Brien cast the nay vote. AGENDA ITEM #8 — ORDINANCE 91-18, AMENDING THE TOWN CODE CHAPTER 2, ARTICLE 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 made a MOTION to adopt the ordinance as written. SECONDED by Councilman Fox. Councilman Hudson explained the history of the ordinance and stated that he was against the strong mayor form of government. He said the public could circulate a petition if they wanted to. Mayor Cutillo said that Minutes of the Regular Session of the Town Council 11 /07/91 Page 7 of 9 there would he no additional powers that an elected mayor would have but he felt the voters should he the ones to decide. Councilman O'Brien stated that he was uneasy with the idea and he felt the people should initiate with petitions. Councilman Clark suggested waiting until the Town became a chartered city and at that time, the freeholders would handle it . Councilman Hudson said he wanted to AMEND THE MOTION for the Ordinance that the term of the office of the Mayor be two years instead of four years. SECONDED by Councilman Clark. Councilman Fox said that he was against the two year terms because there would always be an election going and if they were concerned about splitting up good people, they would be split up twice as often. Vice Mayor Tibbetts said that she felt that the term should be four years for stability and continuity. Councilman Clark stated that he was in favor of two year terms because persons would vote for the Mayor according to how he felt on issues. Councilman Minarsich said he agreed with the four year terms. Mr. Bill Tesmer from the public asked that the recall procedure be explained and Mr. Farrell did so. Ms. June Post stated that she felt that they were getting away from the philosophies they had at the time of incorporation. Mr. Chet Mozena agreed with the four year term of office. AMENDMENT TO THE MOTION FAILED with a six nay votes to one aye vote, the nay vote cast by Councilman Hudson. Councilman Minarsich asked for Vice Mayor Tibbetts ' opinion on the Ordinance and she stated that she liked it the way it was. She said she felt it added a continuity and a unity to the group. Vice Mayor Tibbetts stated that when there was an elected mayor, there was a group of seven persons and one of them arrived in a different way. She said she was more comfortable with the group of seven deciding who the Mayor would be. Councilman Fox said he felt there was going to be a petition and he wanted to present it to the public before that happened. Mayor Cutillo stated that he saw a sample of Council reaction to the public at the meeting earlier that night. Ms. Post stated that she felt that at the time that the Councilmembers were elected, the 111) public knew that any one of them was qualified to become the Mayor. Mr. Thomas said that he was against the ordinance also. Councilman Minarsich stated that he had never had anyone bring the subject up to him. Mayor Cutillo stated that there were forty-two directly elected mayoral positions in the state and only one of them was larger in population than Fountain Hills. The Mayor called for a roll call vote: Mayor Cutillo aye Councilman Fox aye Councilman Minarsich nay Vice Mayor Tibbetts nay Councilman Clark nay Councilman Hudson nay Councilman O'Brien nay MOTION FAILED by a five nay to two aye vote. AGENDA ITEM #9 - APPROVAL OF THE FINAL PLAN FOR SUNFLOWER CONDOMINIUMS. Mr. Nordin said that there had been a request to postpone this item. Minutes of the Regular Session of the Town Council 11/07/91 Page 8 of 9 AGENDA ITEM #10 — CALL TO THE PUBLIC (60 Mr. Tesmer requested that the street crews check intersections for overgrowth that needed trimming to avoid traffic hazards. Ms. Petrov asked who was taking signs down and Mayor Cutillo said Mr. Jeppson. Councilman Minarsich made a MOTION to adjourn. SECONDED by Councilman Fox and CARRIED unanimously. The Town Council adjourned at approximately 10:18 p.m. TOWN OF FOUNTAIN HILLS By: //� , ohn . Cutillo, Mayor ATTEST: C . . JJ_L/vLJ_A) Cassie R. Hansen, Town Clerk PREPARED BY:___ _ aid Lari L. Bratcher, Secretary CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Town Council of Fountain Hills on the 7th day of November 1991 . I further certify that the meeting was duly called and that a quorum was present. DATED this day of December 1991. �• /J .f ,.. A . ) Cassie B. Hansen, Town Clerk Minutes of the Regular Session of the Town Council 11/07/91 1��, Page 9 of 9