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Home My WebLink About1999.0617.TCRM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL JUNE 17, 1999 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Thursday, June 17, 1999, in the Fountain Hills Town Hall Council Chambers, located at 16836 E. Palisades Blvd., Building B,Fountain Hills,Arizona. ROLL CALL - Following the pledge to the flag and the invocation given by Father Tot O'Dea of the Fountain Hills Church of the Ascension Catholic Church, roll call was taken. Present for roll call were the following members of the Fountain Hills Town Council: Mayor Sharon Morgan, Vice Mayor Pen Mower and Councilmembers John Wyman, Sharon Hutcheson, and Marianne Wiggishoff. Councilmen Sid Apps and Al Poma were absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Town Clerk Cassie Hansen, Town Engineer Randy Harrel, Director of Community Development Jeff Valder and Planners Geir Sverdrup and Dana Burkhardt. Mayor Morgan read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM#1 - CONSIDERATION OF APPROVING THE MEETING MINUTES OF JUNE 3, 1999. AGENDA ITEM #2 - CONSIDERATION OF THE PRELIMINARY PLAT FOR THE 2-UNIT PROPERTIES OF PACIFIC SOUTHWEST CONDOMINIUMS XIX(19),LOCATED AT 14421 GALATEA, CASE NUMBER S99-013. AGENDA ITEM #3 — CONSIDERATION OF THE FINAL PLAT FOR FIREROCK COUNTRY CLUB PARCEL "J-1" LOCATED WEST OF THE PROPOSED FIREROCK COUNTRY CLUB DRIVE, A 17.0 ACRE, 1 TRACT SUBDIVISION. CASE#S98-029. AGENDA ITEM #4 — CONSIDERATION OF THE FINAL PLAT FOR FIREROCK COUNTRY CLUB PARCEL "H-2" LOCATED SOUTH OF FIREROCK COUNTRY CLUB DRIVE, A 22.10 ACRE, 22 LOT, 2 TRACT SUBDIVISION. CASE#S98-028. Vice Mayor Mower MOVED to approve the Consent Agenda as read. Councilman Wyman SECONDED the motion. A roll call vote was taken with the following results: Councilman Wyman Aye Vice Mayor Mower Aye Councilwoman Hutcheson Aye Councilwoman Wiggishoff Aye Mayor Morgan Aye The motion CARRIED. AGENDA ITEM#5 - MONTHLY REPORT BY MAGISTRATE STUART SHOOB. Magistrate Shoob stated the monthly report for May reflects continued growth in the number of cases filed and terminated. He asked the Council to approve the request for an additional person in the Court office who would assist with the increased workload. Town Council Regular Session 6/17/99 Page 1 of 4 AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 1999-28, APPOINTING TWO DIRECTORS ir TO THE LOS ARCOS MULTIPURPOSE FACILITIES DISTRICT PURSUANT TO A.R.S. 48-4202.0 AND ihof PROVIDING FOR TERMS OF OFFICE. Town Attorney Bill Farrell stated this resolution would appoint two directors to the District Board of Directors of the Los Arcos Multipurpose Facilities District. He said this resolution would be in accordance with new legislation effective in August of 1999, retroactive to December of 1998. He reported that the City of Scottsdale had recently appointed two residents to the Facilities District Board, one to a three-year term and one to a four-year term and stated that Resolution 1999-28 would provide the same terms. Mayor Morgan suggested the appointment of Linda Melucci, the current Branch Manager and Vice President of the Fountain Hills branch of Bank of America to a three-year term and Wallace J. Nichols, an Executive Director of the American Compensation Directors to a four-year term. Councilwoman Wiggishoff MOVED to approve the appointments as suggested by Mayor Morgan. Vice Mayor Mower SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #7 — CONSIDERATION OF THE PRELIMINARY PLAT FOR FIREROCK COUNTRY CLUB PARCEL "D", LOCATED EAST OF FIREROCK DRIVE AND NORTH OF TOMBSTONE AVENUE,A 55.42 ACRE,41 LOT,2 TRACT SUBDIVISION, CASE#S99-01. Planner Geir Sverdrup stated that this item was consideration of the final plat for Firerock Country Club, Parcel "D". He said the applicant had satisfied staff that all stipulations can and will be met and staff recommended approval with the listed stipulations. Councilman Wyman MOVED to approve the final plat for Firerock Country Club, Parcel "D" as presented with staff stipulations. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #8 — CONSIDERATION OF THE FINAL PLAT FOR THE DIAMANTE DEL LAGO SUBDIVISION, A 139 LOT, 101.1367-ACRE SUBDIVISION LOCATED NORTH OF THE PUERTO DEL LAGO SUBDIVISION, SOUTH OF THE MIRAGE HEIGHTS CONDOMINIUMS, EAST OF THE PLAT 303 AND MIRAGE POINT SUBDIVISION, AND NORTH, EAST AND SOUTH OF THE ARRIBA DEL LAGO SUBDIVISION, CASE NUMBER S98-032. Director of Community Development Jeff Valder stated the Council had previously approved the preliminary plat, a development agreement, cut and fill waivers and a rezone for the Diamante Del Lago Subdivision. He said the center section of this subdivision was set aside for a separate phase of construction in the event that a bond issue question passed which would allow for the Town's purchase of the section. On May 18, 1999, the voters passed the bond issue and the Town would be purchasing that section of the subdivision. Mr. Valder stated the second set of improvement plans had been submitted and the project was in substantial conformance with the preliminary plat. Vice Mayor Mower MOVED to approve the final plat for the Diamante Del Lago Subdivision along with staff's stipulations. Councilman Wyman SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #9 — PUBLIC HEARING ON A REQUEST TO REZONE 23.028± ACRES OF LAND, LOCATED NORTH OF SHEA BOULEVARD, EAST OF PALISADES BOULEVARD AND SOUTH OF THE WESTRIDGE VILLAGE SUBDIVISION FROM THE "R1-43" TO THE "L-3" ZONING DISTRICT AND 36.635± ACRES OF LAND FROM "R1-43" TO THE "OSR" ZONING DISTRICT, CASE NUMBER Z99-13. Regular Session Town Council 6/17/99 Page 2 of 4 Mayor Morgan recessed the Regular Session of the Town Council and opened the public hearing at 6:44 p.m. L,,,, Mr. Sverdrup stated the request to rezone was in conformance with the Town's General Plan and eliminated single family homes in this area to allow for a lodging facility. He said staff was concerned about the parking requirements for the lodging facility because restaurant and convention facilities were also planned for that location. The applicant, Vladimir Hulpach, stated drawings and sketches had been presented to adjacent property owners in the Westridge Village Subdivision without objections. He said feasibility studies and architect drawings had been completed as well as a marketing strategy plan. The name of the lodging facility franchise would be decided in September. He urged the Council to approve the rezone request. He stated ground breaking was scheduled for May or June, 2000 and Phase I would be completed in December, 2001 and Phase II would be completed within three years of the completion of Phase I. Elaine Tarr asked if plans had considered the large amount of effluent created by this project. Ed Rickenberg, an engineer with Hook Engineering, stated staff reviews and the Sanitary District would resolve any effluent problems. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 6:58 p.m. AGENDA ITEM #10 - CONSIDERATION OF ORDINANCE 99-19 REZONING 23.028± ACRES OF AND, LOCATED NORTH OF SHEA BOULEVARD, EAST OF PALISADES BOULEVARD AND SOUTH OF THE WESTRIDGE VILLAGE SUBDIVISION FROM THE "R1-43" TO THE "L-3" ZONING DISTRICT AND 36.635± ACRES OF LAND FROM "R1-43" TO THE "OSR" ZONING DISTRICT, CASE NUMBER Z99-13. Councilwoman Wiggishoff MOVED to continue discussion on this rezone request until the next Council meeting on July 1, 1999 because she thought there were more questions that needed to be answered and to allow staff to prepare an ordinance. Councilwoman Hutcheson SECONDED the motion. Ed Rickenberg urged the Council to approve the rezone request at this time because the applicant would not be available on July 15t. Councilwoman Wiggishoff WITHDREW her motion to continue and Councilwoman Hutcheson WITHDREW her second to the motion. Councilman Wyman MOVED to approve the request to rezone with direction to staff to prepare the ordinance. Councilman Apps SECONDED the motion. Vice Mayor Mower stated the zoning request had been submitted on the basis of either receiving a Sheraton or Hilton Inn franchise chain. Since the exact chain had not been pre- determined, he thought it was more important to have some assurance from the applicant that in fact a Sheraton or Hilton would be constructed. Hank Lickman, MCO Properties, stated agreements with the applicant clearly outlined in the language that a Hilton, a Sheraton or an equivalent quality name would be constructed or the sale of the property would not be concluded. He stated there were only two locations designated in the General Plan for lodging facilities and preferred this location. Councilwoman Wiggishoff stated she thought the Council should delay the approval of the rezone request. Mr. Lickman stated every precaution had been taken with the contract to assure a quality name at that location. Vice Mayor Mower stated he would like to have a copy of the contract between MCO and the applicant and suggested the franchise be specifically designated before the Council approved the rezone request. Mr. Lickman, with the permission of the applicant, said he would supply a copy of the contract to the Council. Councilman Wyman stated if the Council approved the zoning, it would not have any further control of who would build at the site. Councilwoman Hutcheson asked about stipulations suggested by the Town Engineer. Mr. Valder stated the applicant had been asked to provide major perimeter improvements for the project including construction of a third lane on westbound Shea Blvd. along the project right-of-way frontage. Councilwoman Hutcheson asked about the density of ftair the project and height restrictions. Mr. Sverdrup stated a special use permit would be required for the restaurant usage and a comprehensive sign package would be presented for approval. A future text amendment could allow a non-habitable architectural feature. Regular Session Town Council 6/17/99 Page 3 of 4 Mr. Hulpach assured the Council a quality name for a lodging facility would be located at this location. Larry Myers stated he thought the project contained future stipulations and should be an example for planning future projects. Jim 4160, Renshaw, a traffic engineer with Kimley-Horn, stated a preliminary analysis of the intersection of Shea Blvd. and Palisades Blvd. indicated that intersection's traffic flow would not be affected by the development of a lodging facility. Vice Mayor Mower MOVED to continue discussion on this matter until the Council meeting for Augsut 5, 1999. Councilman Apps SECONDED the motion, which CARRIED with a 5-1 vote. Councilman Wyman cast the nay vote. AGENDA ITEM#11 - CALL TO THE PUBLIC Hank Lickman, MCO Properties, asked what information the Council wanted in order to be able to approve the rezone request. Carl Wallborn addressed a serious problem with coyotes in connection with the death of his dog. AGENDA ITEM#12 -ADJOURNMENT. Councilman Apps MOVED to adjourn the meeting. Vice Mayor Mower SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 7:43 p.m. L TOWN OF FOUNTAIN HILLS ( ' By. 454 Sharon Morgan,M or A 1"1'EST: �If Cassie B. Hansen,Town Clerk PREPARED BY: Linda D.Lemmen,Executive 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 17th day of June, 1999. I further certify that the meeting was duly called and that a quorum was present. Dated this 1st day of July, 1999. Cassie B.Hansen,Town Clerk Regular Session Town Council 6/17/99 Page 4 of 4