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HomeMy WebLinkAbout2017.0316.TCREM.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE EXECUTIVE AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL MARCH 16, 2017 EXECUTIVE SESSION Mayor Kavanagh called the Executive Session to order at 5.00 p.m. in the Fountain Conference Room - 2nd Floor, Town Hall. AGENDA ITEM #1 - ROLL CALL AND VOTE TO GO INTO EXECUTIVE SESSION: Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Nick DePorter, Councilmember Henry Leger, Councilmember Art Tolis, Councilmember Dennis Brown, Councilmember Cecil Yates, and Councilmember Alan Magazine. Town Manager Grady E. Miller, Town Attorney Andrew McGuire Director of Development Services Bob Rodgers, Senior Planner Marissa Moore, and Town Clerk Bevelyn Bender were also present. Councilmember Yates MOVED to go into Executive Session and Councilmember Brown SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #2 - ADJOURNMENT. Mayor Kavanagh adjourned the Executive Session without objection at 5:57 p.m. REGULAR SESSION * CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Kavanagh called the meeting to order at 6:30 p.m. in the Fountain Hills Town Hall Council Chambers. * INVOCATION Paster Bill Good, Fountain Hills Presbyterian Church accompanied by Annabel. * ROLL CALL - Present for roll call were the following members of the Town Council: Mayor Linda Kavanagh, Vice Mayor Nick DePorter, Councilmember Alan Magazine, Councilmember Cecil Yates, Councilmember Dennis Brown, Councilmember Art Tolis and Councilmember Henry Leger. Town Manager Grady E. Miller, Town Attorney Andrew McGuire and Town Clerk Bevelyn Bender were also present. * MAYOR'S REPORT i) None. * SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS Mayor Kavanagh requested Town Manager Miller to begin with his report and he informed everyone that on Wednesday, April 26, 2017, at 6:00 p.m. in the Community Center there would be a Town Hall meeting held to allow Fountain Hills residents to meet, asked questions and get to know Maricopa County's newly elected Sherriff, Paul Penzone. Town Manager Miller added that he and other met with Sherriff Penzone and his senior staff to ask questions about the transition of authority in the Sherriff s Department. Town Manger Miller added that Fountain Hills was the second largest Town under contract with MCSO for law enforcement services. i) MAYOR KAVANAGH MAY REVIEW RECENT EVENTS ATTENDED RELATING TO ECONOMIC DEVELOPMENT. Councilmember Yates reported on recent activity within the MAG Domestic Violence Committee and noted all the information collected on domestic violence whenever the act crossed state lines were shared and reported that the z:\council packets\2017\r170420\170316m.docx Page 1 of 7 committee had a land mark case in a risk assessment analysis with pointed markers that had been accepted to be heard by the Supreme Court. Vice Mayor DePorter reported that he had traveled to Washington for the "The National League of Cities" to attend a conference on behalf of his employer "Linkedin". Vice Mayor DePorter mentioned that he highlighted Fountain Hills whenever possible. Vice Mayor DePorter also noted that he had addressed the youth delegates and young elected officials during a luncheon on the importance of networking, and allowed each youth involved to talk about their communities. Vice Mayor DePorter noted that Fountain Hills was not a member of the "National League of Cities" but was something to consider. Mayor Kavanagh reported that she, Councilmember Yates, Town Manager Miller and Senator John Kavanagh met with State Land Commissioner Lisa Atkins and her staff to discuss the State Trust Land and the current action being taken since the former owner defaulted and the land went back to the State. Mayor Kavanagh explained that the State Trust Land was the Town's last largest tract of land to be developed and was very important for the economic development of Fountain Hills, with the goal to create the proper housing that would attract young families. Mayor Kavanagh announced that Regular Agenda Item #3, relating to dark skies, had been moved to the April 6, 2017, Town Council meeting at staff's request. CALL TO THE PUBLIC Mayor Kavanagh asked if there were any requests to speak and Town Clerk Bender answered there were no requests received. CONSENT AGENDA AGENDA ITEM #1 - CONSIDERATION OF APPROVING THE TOWN COUNCIL MEETING MINUTES FROM FEBRUARY 21, 2017. AGENDA ITEM #2 - CONSIDERATION OF APPROVING THE 4th AMENDMENT TO THE COOPERATIVE PURCHASING AGREEMENT (C2016-182) WITH VINCON ENGINEERING CONSTRUCTION, LLC, IN AN AMOUNT NOT TO EXCEED $50,000.00, FOR TOWN -WIDE CONCRETE REPAIR AND REPLACEMENT. Councilmember Yates MOVED to approve the Consent Agenda as listed and Vice Mayor DePorter SECONDED the motion. A roll call vote was taken with the following results: Mayor Kavanagh Aye Vice Mayor DePorter Aye Councilmember Brown Aye Councilmember Yates Aye Councilmember Tolis Aye Councilmember Magazine Aye Councilmember Leger Aye The motion CARRIED UNANIMOUSLY (7-0). REGULAR AGENDA AGENDA ITEM #3 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF REGARDING THE DARK SKI DESIGNATION APPLICATION. This item was moved to the April 6, 2017, Town Council meeting at staff's request. z:\council packets\2017\r170420\170316m.docx Page 2 of 7 AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 2017-07, A DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND PALISADES RESORTS, LLC TO ALLOW THE DEVELOPMENT OF THE COPPERWYND RESORT WITH A 300 ROOM HOTEL, CONFERENCE FACILITY, RESTAURANT, AND ADDITIONAL ANCILLARY USES ON APPROXIMATELY 16.5 ACRES LOCATED AT 13225 N. EAGLE RIDGE DRIVE, FOUNTAIN HILLS, AZ. (CASE #DA2017-01) Mayor Kavanagh explained that one staff report would be presented and would include agenda items 4, 5, and 6. Town Manager Miller introduced Development Services Director Bob Rodgers who presented the staff report and information included in a PowerPoint presentation (available on-line and in the office of the Town Clerk). Mr. Rodgers reported that the Planning and Zoning Commission and staff had recommended approval for this project, along with the public and businesses members present, during their meeting on March 9, 2017, subject to the regulations outlined in the Copperwynd P.A.D. and Development Agreement. Mayor Kavanagh asked the applicant to make their presentations. Jordan Rose, representative of the Jordan Rose Law Group, PC representing the Copperwynd Resort and acknowledged the team of people present who were working with her on the Copperwynd Resort expansion project as follows; Bill Heinz, Owner of the Copperwynd Resort, Michael Marcoux and Mark Philp of Allen & Philp Partners Architecture and Interior Design, Ron Hilgart and Casey Whiteman of Hilgart-Wilson, Dawn Cartier of CivTech, Nick Labadie, Senior Planner, Rose Law Group and Cepand Alizadeh, Land Use Attorney, Rose Law Group. Ms. Rose thanked Town staff, Town Manager Miller, Town Attorney McGuire, Mr. Rodgers, and Marissa Moore, Senior Planner for the many hours working with the Copperwynd Resort team to expedite this project. Ms. Rose remarked that Mr. Hinz has committed spending $100M over the next few years and to meet the requirements of his deal with a world class Hotelier "Kempton Enterprise" the project needed to break ground by June 1, 2017. Ms. Rose stated that Mr. Hinz purchased the property in 2015 and had already invested $6M in renovations. Ms. Rose continued to review the proposed project with a PowerPoint presentation (available on line and in the office of the Town Clerk). Mayor Kavanagh requested speakers wishing to speak on agenda item 4. Town Clerk Bender announced the following citizens who had submitted speaker cards but indicated that they did not wish to speak but who had expressed support of the proposed project. *Paul Perreault *Judith Witt *Ben Witt *Melinda Stanton *Cindy Misheff *Sarah Nolan *Seth Goldberg *Keith Chapman *Theodore Trippett *Emily Shalbrace *John & Karen *Nella Best *Jennifer Dougherty *Denise Verbeck *Jerry Verbeck *Jim Haase *Clarence Reed *Margot Sorensen *Nancy Bill *Joe Bill *Marc Sweenard z:\council packets\2017\r170420\170316m.docx Page 3 of 7 Town Clerk Bender stated no citizens submitted non -speaker cards indicating their opposition to the project. Town Clerk Bender announced that 13 Meaker cards had been received from individuals who wished to sneak. Sharon Morgan, former Fountain Hills Town Mayor, spoke in support of the Copperwynd Resort project and recommended Council give their approval for the project. Former Mayor Morgan also stated that the Copperwynd Resort is an asset to the Town and needed to begin the project as soon as possible to meet their ground breaking deadline. Christine Krass, a part-time resident of Copperwynd, spoke in support of the project and expressed her pleasure with the previous renovations and her excitement for the expansion. Vlad Herman, a resident of Cordabella, a subdivision within the City of Scottsdale, expressed his opposition for the project and his opinion that construction traffic from Adero Canyon and Copperwynd had depleted his property values and made it impossible to sell his home. Mr. Herman asked Town Council to have consideration for the Scottsdale residents' in the vicinity. Don Misheff, a property owner at the Copperwynd Villas and owner of the Sunridge Canyon Golf Club, spoke in support of the project and thanked Mr. & Mrs. Hinz for their purchase of the Resort and renovations along with giving their support to the Sunridge Canyon Golf Club. Mr. Misheff pointed out the benefits this project would make on the Town and expressed that Mr. Hinz was a highly ethical person and the Town was fortunate that he would invest in this property. Judy Crosby, a 33 year resident of Arizona and 16 years living in Fountain Hills, supported the project and expressed the Copperwynd Resort was a big draw for her family to move to Fountain Hills and mentioned how spectacular the resort had become and that the proposed expansion would only enhance her experience in Fountain Hills along with attracting others to visit and spend money. Tom Boyle, a Maricopa County resident living in Paradise Valley for over 35 years and a member of the Copperwynd Resort, stated that the expansion of the Copperwynd Resort would allow thousands of people the opportunity to enjoy Fountain Hills with the best views in Maricopa County and he encouraged Council to approve the project. Fred Kroin, a resident of Scottsdale and Scottsdale Cordabella property owner, expressed his thoughts on the beauty in the area and upon moving to the Arizona the Copperwynd Resort was his main social and activity area and the main reason they live in Scottsdale. Mr. Kroin explained that as a member of the Resort he felt the owners were always concerned for the comforts of their members. Mr. Kroin supported the complete plan for the expansion. Bart Shea, a Goldfield Ranch resident and developer in Fountain Hills, spoke in support of the Copperwynd Resort expansion and agreed it was an outstanding project as presented. Mr. Shea stated that economically the expansion would be successful and an asset to the community. Mr. Shea asked Council to support the project in the interest of the Town. Adam Mays, a Paradise Valley Resident and President of A.R. Mays Construction Company based in Scottsdale, presented background information on the resort projects his company had been involved in around Arizona and expressed his support for Mr. Hinz in his endeavor to renovate and redevelopment the Copperwynd Resort. Diane Wells, spoke for herself and a neighbor Hallie Kline who could not attend, but requested Ms. Wells read a letter of support and express her special memories at the Resort and belief that with the expansion of the club came benefits for the current club members. Ms. Wells expressed her personal enjoyment in being a member of the Copperwynd Resort Club and how much she appreciated the beautiful renovation and the future expansion, which she felt would be a positive for Fountain Hills. Jay Schlum, former Mayor of Fountain Hills, small business owner, and supporter of many Town associations, congratulated the Planning and Zoning Commission for their total support of the project, which would be a significant investment in Fountain Hills. Former Mayor Schlum stated he was impressed with the expansion design along with z:\council packets\2017\r170420\170316m.docx Page 4 of 7 the current renovations made and expressed his support for this local business that would generate much needed tax revenue for the Town and asked Council to give their support for this quality project. Amberleigh Dabrowski, a five-year resident of Fountain Hills, was fully in support of the project and thanked Mr. & Mrs. Hinz for their contribution to the Fountain Hills community. Ms. Dabrowski looked forward to bringing up her young family with the amenities offered at the Resort and would tie her family closer to the community. She also acknowledged the Town's commitment for the community and in trying to do what was best for the residents. Dori Wittrig, a resident of Fountain Hills, former director of the Fountain Hills Theater and also speaking for the current director wished to acknowledged "The Hinz" contribution to the Theater during a time of need. Ms. Wittrig noted that she worked on the original Copperwynd Resort plan acting as their real estate agent, and serving on their development team and noted at that time she realized what the project would bring to the community. Ms. Wittrig stated she had worked with Mr. & Mrs. Hinz previously and looked forward to seeing the vision and expansion approved by Council. Ms. Wittrig stated as the Chairperson of "Vision Fountain Hills" this project met everything the committee recommended for the Town by adding to the employment base, tax base and establishing a younger vibe for the community that was very much needed. Mayor Kavanagh asked for questions from Council. Councilmember Magazine asked for the status of the Resort's agreement was with the "Kempton Enterprise"; Ms. Rose answered that Council's approval was necessary for an agreement to be finalized and was the last step. Councilmember Leger asked Ms. Rose to breakdown by phase the sales tax revenue that would generated. Ms. Rose listed the amount broken down by 100 and 300 rooms only and in 2018 with 100 rooms sales tax estimated to be collected would be $731,250 or $2,438 per room and at 300 rooms by 2020 the impact would be $1.8M or $6K per room. Councilmember Leger asked Ms. Rose to provide all the phases sales tax amounts to Council and Ms. Rose agreed immediately. Councilmember Leger expressed his appreciation to the Planning and Zoning Commission for vetting the project and stated he had no further questions. Councilmember Yates stressed that Fountain Hills was a resort Town without a resort and expressed that this project was exciting. Councilmember Yates pointed out the convention side of this project was exciting and necessary for the future of Fountain Hills. He also noted that the Town was finally working at the speed of business and thanked Town staff and others involved for the incredible job of expediting this project. Councilmember Brown agreed with Councilmember Yates that this was a great looking project and stated that staff had bragged about the relationship they had built with the project's development team; he stated he looked forward to a June project start-up. Councilmember Tolis concurred with all of Councilmembers comments and was excited about the project. He congratulated all those involved along with Mr. and Mrs. Hinz for investing in Fountain Hills and commented on the exceptional job everyone did covering all aspects of the project. Vice Mayor DePorter expressed his excitement and agreed with other Councilmembers comments and added that this project was organic in architecture and very mindful of the community. Ms. Rose commented that she had never seen a community mobilize so quickly and stressed this gave Fountain Hills a message that the Town gets projects done. Mayor Kavanagh expressed she loved the project from the beginning and said she was excited for Fountain Hills and the forthcoming projected revenue for the Town. Mayor Kavanagh asked if there was further discussion or questions from Council, otherwise, she requested a motion. Councilmember Yates MOVED to approve RESOLUTION #2017-07, a Development Agreement allowing the development of the Copperwynd Resort with a 300 room hotel, conference facility, restaurant, and additional ancillary uses on approximately 16.5 acres located at 13225 N. Eagle Ridge Drive with ONE AMENDMENT that Section #5 z:\council packets\2017\r170420\170316m.docx Page 5 of 7 of the Development Agreement to require approval of the traffic study by the Town Engineer prior to issuance of any building permit and to change the timing for Developer's construction improvements to the intersection of Palisades Boulevard and Eagle Ridge Drive prior to Certificate of Occupancy for Phase II and Vice Mayor DePorter SECONDED the motion. Mayor Kavanagh asked for comments or questions by Council and if not requested a vote, which CARRIED UNANIMOUSLY (7-0). AGENDA ITEM #5 — PUBLIC HEARING TO RECEIVE COMMENTS ON ORDINANCE 17-04, A TEXT AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE AND MAP. IF ADOPTED THE AMENDMENT WOULD REZONE APPROXIMATELY 16.5 ACRES AT 13225 N. EAGLE RIDGE DRIVE (COPPERWYND RESORT), FROM "R-5 PUD" TO THE "COPPERWYND PAD" ZONING DISTRICT (CASE #Z2017-02) Mayor Kavanagh opened the Public Hearing at 7:53 p.m. Mayor Kavanagh asked if there were any speaker cards and Town Clerk Bender answered none were received Mayor Kavanagh Closed the Public Hearing at 7:53 p.m. AGENDA ITEM 46 — CONSIDERATION OF ORDINANCE 17-04, A TEXT AMENDMENT TO THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE AND MAP. IF ADOPTED, THE AMENDMENT WOULD REZONE APPROXIMATELY 16.5 ACRES AT 13225 N. EAGLE RIDGE DRIVE (COPPERWYND RESORT), FROM "R-5 PUD" TO THE "COPPERWYND PAD" ZONING DISTRICT. (CASE #Z2017-02) Mayor Kavanagh asked if there were further discussion or questions from Council, otherwise, she requested a motion. Councilmember Brown MOVED to approve Ordinance #17-04, a text amendment to the Town of Fountain Hills Zoning Ordinance and Map rezoning approximately 16.5 acres at 13225 N. Eagle Ridge Drive (Copperwynd Resort), fro "R-5 PUD" to the "Copperwynd PAD" zoning distinct, as presented and Councilmember Magazine SECONDED, which CARRIED UNANIMOUSLY (7-0). Mayor Kavanagh thanked everyone attending the meeting for their input on this project. AGENDA ITEM #7 — DISCUSSION WITH POSSIBLE DIRECTION TO STAFF RELATING TO ANY ITEM INCLUDED IN THE LEAGUE OF ARIZONA CITEIS AND TOWNS WEEKLY LEGISLATIVE BULLETING OR RELATING TO ANY ACTION PROPOSED OR PENDING BEFORE THE STATE LEGISLATURE. Mayor Kavanagh asked if there was any input on what the League was currently working on and consensus was that Council was in agreement on their actions at this time. AGENDA ITEM #8 - COUNCIL DISCUSSION/DIRECTION TO THE TOWN MANAGER None. AGENDA ITEM #9 - SUMMARY OF COUNCIL REQUESTS AND REPORT ON RECENT ACTIVITIES BY THE MAYOR, INDIVIDUAL COUNCILMEMBERS, AND THE TOWN MANAGER. Vice Mayor DePorter stated he had participated in the "Hike for the Homeless" held at the McDowell Mountain Park; he hiked through Fountain Hills with 760 participants raising $83K for the homeless who were seeking quality employment. Councilmember Yates attended the Rotary Luncheon at the Fountain Hills Village honoring first responders, which had a tremendous turn- out for the Maricopa County Sherriff s Officers, Rural Metro, Salt River Police and Fire z:\council packets\2017\r170420\170316m.docx Page 6 of 7 Departments and the Rio Verde Fire District. Councilmember Yates encouraged everyone who meets a first responder to "thank them" for their service. Mayor Kavanagh noted that there were many activities in Fountain Hills in the past two weeks and especially in Fountain Park. Mayor Kavanagh reported that the Town hosted the "Disc Golf Memorial Championships", the "Mountain to Mountain 5K and 15K" and the "Ragnar Relay". Mayor Kavanagh also mentioned that the annual "Basant Mela (welcoming spring) Kite festival" that was held in the park sponsored by PICO; a non-profit group attended by the Assistant Consul General from Pakistan who was based in Los Angeles and stated he loved Fountain Hills. Mayor Kavanagh reported that the "River of Time Museum" held their official opening of the new exhibits and changes made at the museum and encouraged citizens to visit and view the new additions. Mayor Kavanagh remarked that the Community Garden had its official opening with Dr. Jyoti Patel, the founder of the garden thanking all the in-kind contributors and volunteers who worked so hard and so quickly to create this dream garden along with the help from Town staff who were also in attendance. Mayor Kavanagh was the guest speaker at the local realtors' meeting recently where she presented information from a seminar she attended about the future housing market, which was happening in the Fountain Hills downtown development. Mayor Kavanagh stated that the Presbyterian Church raised $28K for children in Haiti and it was her honor to read a proclamation during the Church's morning service acknowledging the generosity of the congregation and to congratulate them on this incredible achievement. Mayor Kavanagh then moved on to the "Purim" stating that this year's theme was Russia where people came in fur hats or dressed like Matryoshka dolls and having a great time and the Mayor expressed that it was her honor to celebrate with them. Mayor Kavanagh added that it also gave her and Senator John Kavanagh an opportunity to reconnect with some fellow New Yorkers. Mayor Kavanagh added that she and Senator John Kavanagh attended the annual "East Valley Mayor's Prayer Breakfast", which had grown so large in attendance that the breakfast was held at the Chandler -Gilbert Community College with eight leaders of the faith community offering prayers and blessings for our Country, State, Cities and Towns and their elected officials. Mayor Kavanagh expressed it was an awesome experience once again this year and with everyone praying for us, it's going to continue to be a great year. AGENDA ITEM 410 - ADJOURNMENT Councilmember Yates MOVED to adjourn the meeting and Vice Mayor DePorter SECONDED the motion, which CARRIED UNANIMOUSLY (7-0). The Regular Session adjourned at 8:01 p.m. TOWN OF FOUNTAIN HILLS Linda M. Kavanagh, Mayor ATTEST AND PREPARED BY: Bevelyn J. Bender, Town Clerk CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Executive Session, held in the Fountain Conference Room — 2nd Floor and Regular Session held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 16tt' day of March, 2017. 1 further certify that the meeting was duly called and that a quorum was present. DATED this 20th day of April, 2017. Bevelyn J. Bender, Town Clerk z:\council packets\2017\r170420\170316m.docx Page 7 of 7