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Home My WebLink About1999.0816.TCSM.Minutes TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AUGUST 16, 1999 A public meeting of the Fountain Hills Town Council was convened and called to order by Mayor Morgan at 6:30 P.M., Monday, August 16, 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 by Councilmember Sharon Hutcheson, 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, Councilmembers John Wyman, Sharon Hutcheson, Al Poma, and Marianne Wiggishoff. Councilmember Sid Apps was absent. Also present were Town Manager Paul Nordin, Town Attorney Bill Farrell, Community Development Director Jeff Valder, Senior Planner Geir Sverdrup,and Town Clerk Cassie Hansen. Mayor Morgan read the Consent Agenda, which consisted of the following agenda items: AGENDA ITEM #1 — CONSIDERATION OF APPROVING THE MEETING MINUTES OF AUGUST 5, 1999. AGENDA ITEM #2 — CONSIDERATION OF THE SPECIAL EVENT LIQUOR LICENSE APPLICATION SUBMITTED BY KENNETH BOWMAN FOR THE AMERICAN LEGION POST 58 FOR A MEMEBERSHIP DRIVE TO BE HELD ON SATURDAY, AUGUST 28, 1999. THE PERMIT WOULD TEMPORARILY REPLACE THE LIQUOR LICENSE AT 16850 EAST AVENUE OF THE FOUNTAINS AND ALLOW THE ORGANIZATION TO SERVE ALCOHOL TO PATRONS IN ADDITION TO MEMBERS AND GUESTS IN A DESIGNATED, ENCLOSED AREA. AGENDA ITEM #3 - CONSIDERATION OF THE LIQUOR LICENSE APPLICATION SUBMITTED BY GEOFFREY BECKER-JONES FOR THE CLUB AT COPPERWYND LOCATED AT 13225. NORTH EAGLE RIDGE DRIVE. THE REQUEST IS FOR A NEW HOTEL/MOTEL SERIES 11 LICENSE. AGENDA ITEM #4 — CONSIDERATION OF RESOLUTION 1999-41, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC, UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHERLY, SOUTHERLY,WESTERLY, AND EASTERLY PROPERTY LINES OF PLAT 603-B, BLOCK 1, LOTS 28 & 29 (15614 & 15616 E. CHICORY DRIVE) AS RECORDED IN BLOCK 161 OF MAPS, PAGE 41 RECORDS OF MARICOPA COUNTY, ARIZONA. EA99-18 (ROBERT & MARGERY ELLIS). AGENDA ITEM #5 — CONSIDERATION OF RESOLUTION 1999-42, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED ALONG THE NORTHERLY PROPERTY LINE OF PLAT 213, BLOCK 3, LOT 14 (16610 OXFORD DRIVE) AS RECORDED IN BOOK 155 OF MAPS,PAGE 24 RECORDS OF MARICOPA COUNTY, ARIZONA EA 99-17 (WILLIAM F.HERSHEY). L Town Council Special Session 8/16/99 Page 1 of 6 AGENDA ITEM #6 — CONSIDERATION OF A STREET NAME CHANGE FROM SUMMIT ESTATES TRAIL TO CRESTVIEW DRIVE. AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE 99-24, LEVYING UPON THE ASSESSED VALUATION OF THE PROPERTY WITHIN THE TOWN OF FOUNTAIN HILLS, SUBJECT TO TAXATION A CERTAIN SUM UPON EACH ONE HUNDRED DOLLARS ($100.00) OF VALUATION SUFFICIENT TO RAISE THE AMOUNT ESTIMATED TO BE REQUIRED IN THE ANNUAL BUDGET, TO PROVIDE FUNDS FOR BOND REDEMPTIONS, FOR THE PURPOSE OF PAYING INTEREST UPON BONDED INDEBTEDNESS; ALL FOR THE FISCAL YEAR ENDING THE 30TH DAY OF JUNE,2000. AGENDA ITEM#8- CONSIDERATION OF A PRELIMINARY AND FINAL PLAT FOR THE 2- UNIT PROPERTIES OF PACIFIC SOUTHWEST #18 CONDOMIUMS, LOCATED AT 14238 EDGEWORTH DRIVE,AKA PLAT 104,BLOCK 6,LOT 10, CASE NUMBER S99-019. AGENDA ITEM #9 — CONSIDERATION OF AUTHORIZING THE MAYOR, MANAGER, CLERK, AND ATTORNEY TO EXECUTE A LEASE/USE AGREEMENT WITH U.S. WEST FOR THE COMMUNICATION FACILITIES AT THE NORTHWEST CORNER OF PALISADES AND SHEA BOULEVARDS. Vice Mayor Mower MOVED to approve the Consent Agenda as read. Councilman Wiggishoff SECONDED the motion. A roll call vote was taken with the following results. Councilman Poma— aye Councilman Wiggishoff- aye Councilman Wyman - aye Vice Mayor Mower- aye Councilman Hutcheson- aye Mayor Morgan- aye The motion CARRIED unanimously with a roll call vote. AGENDA ITEM #10 — RECOGNITION OF THOMAS ANTHONY WEATHERS FOR HIS EAGLE SCOUT PROJECT IN GOLDEN EAGLE PARK. Mayor Morgan recognized Thomas Weathers' community service project for which he earned his Eagle Scout Award and presented him with a plaque. She explained that Thomas had designed and built the information kiosk located at Golden Eagle Park. The Mayor also recognized his parents, Chris and Carolyn Weathers, for their parental guidance and encouragement. She extended a special thank you Scout Troop#343 and to Scout Master Paul Johnson for his dedicated service and leadership. AGENDA ITEM#11 —PUBLIC HEARING ON A SPECIAL USE PERMIT APPLICATION FOR A GROUP HOME (SENIOR LIVING CENTER) IN THE "C-2" COMMERCIAL ZONING DISTRICT, LOCATED IN TOWN CENTER I, LOTS 1 AND 2, EAST OF FOUNTAIN HILLS BOULEVARD AND NORTH OF AVENIDA VIDA BUENA, CASE NUMBER SU99-04. Mayor Morgan announced that staff had reported due to the number of stipulations and comments the Planning and Zoning Commission had continued this item for further discussion until their August 26th meeting. She would, therefore, entertain a motion for continuance of agenda items 12 and 13 until the kkaw September 2nd Town Council meeting. She acknowledged the public hearing had been posted for the August 16th Council meeting and would be held. Town Council Special Session 8/16/99 Page 2 of 6 Mayor Morgan recessed the Special Session of the Town Council and opened the public hearing at 6:38 p.m. and called on Senior Planner Geir Sverdrup for comments. Senior Planner Geir Sverdrup explained staff hoped to have the stipulations resolved and the plans back before the Planning and Zoning Commission for their approval at their August 26th and to the Town Council for consideration at the September 2"d meeting. There were no questions from the Town Council or from the public. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 6:39 p.m. AGENDA ITEM #12 — CONSIDERATION OF A SPECIAL USE PERMIT APPLICATION FOR A GROUP HOME (SENIOR LIVING CENTER) IN THE "C-2" COMMERCIAL ZONING DISTRICT, LOCATED IN TOWN CENTER I, LOTS 1 AND 2, EAST OF FOUNTAIN HILLS BOULEVARD AND NORTH OF AVENIDA VIDA BUENA, CASE NUMBER SU99-04. Councilmember Wyman MOVED to continue Agenda Items 12 and 13 to the September 2'd Town Council meeting. Councilmember Poma SECONDED the motion, which CARRIED unanimously. AGENDA ITEM #13 — CONSIDERATION OF A CUT AND FILL WAIVER FOR TOWN CENTER I, LOTS 1 AND 2, LOCATED EAST OF FOUNTAIN HILLS BOULEVARD AND NORTH OF AVENIDA VIDA BUENA, CASE NUMBER CFW99-05. Continued until the September 2"1, 1999 Town Council meeting. Lir AGENDA ITEM #14 - PUBLIC HEARING ON THE PROPOSED DESIGN GUIDELINES FOR THE TOWN CENTER COMMERCIAL ZONING DISTRICT("TCC"), CASE NUMBER Z99-18. Mayor Morgan recessed the Special Session of the Town Council and opened the public hearing at 6:39 p.m. Mr. Sverdrup stated that the Planning and Zoning Commission had unanimously recommended approval of the proposed design guidelines. Mayor Morgan asked if there were any questions from the Council or the public. There were no comments from the Council or the public. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 6:41 p.m. AGENDA ITEM #15 — CONSIDERATION OF ORDINANCE 99-22 AMENDING THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY ADDING DESIGN GUIDELINES FOR THE TOWN CENTER COMMERCIAL ZONING DISTRICT ("TCC"), CASE NUMBER Z99-18. Councilmember Wiggishoff MOVED to approve Ordinance 99-22. Councilmember Wyman SECONDED the motion. The motion CARRIED unanimously. L Town Council Special Session 8/16/99 Page 3 of 6 AGENDA ITEM #16 — PUBLIC HEARING ON A PROPOSED REZONING OF 59.67± 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 P.U.D."(23.028±ACRES)AND THE "OSR" (36.635±ACRES) ZONING DISTRICTS, CASE NUMBER Z99-16. Mayor Morgan recessed the Special Session of the Town Council and opened the public hearing at 6:42 p.m. Mr. Sverdrup stated that the Planning and Zoning Commission recommended approval of the rezoning on a 6 — 1 vote and that staff concurred. Mayor Morgan asked if Council had any questions for Mr. Sverdrup. Vice Mayor Mower inquired if the plans included tennis courts. Mr. Sverdrup said the tennis courts had been removed but the developer was considering an indoor squash court. Vice Mayor Mower asked if there was an executive golf course planned for the development. Mr. Sverdrup said no. Mayor Morgan asked if the public had comments. Diana Ironwood, 15139 West Ridge Estates She stated when they had purchased their lot, they had been under the impression it would always be zoned for single family dwellings. She expressed concern that with the hotel development they would lose their peace and quiet for which the lot was purchased. She posed a question to the Council, asking what would draw the people to the hotel. She said Fountain Hills was a bedroom community and there wasn't anything to draw tourists here as the amenities were located in Phoenix and Scottsdale. She sited a recent article in the Arizona Republic stating hotel occupancy was dropping in the valley. She was opposed to the development of the hotel. Councilmember Wiggishoff stated that any member of the Council would be happy to go over the general plan with her, outside of the meeting, and to discuss this further. She invited Ms. Ironwood to contact them. Councilmember Hutcheson questioned Director Valder as to what disclosure had been made to the property owners in West Ridge Village and West Ridge Estates by the realtors. Director Valder said it was his understanding that West Ridge Village property owners had been notified in writing and was unsure of what was communicated to the property owners in West Ridge Estates. Mr. Sverdrup reviewed a topography map of the area in question. He confirmed the hotel roofline would be visible by some of the residents in the area, but by the time that West Ridge Village was built-out, the hotel would be obscured by the homes built in West Ridge Estates. Councilmember Poma assured Ms. Ironwood that a Super 8 would not be built because of the work staff had done. Vladimir Hulpack, on Nicholas Dr. He addressed the stipulations that had been placed on the project. He said their development team had met with area residents on May 17`h with no major objections being raised at that time. He stated letters had been sent to West Ridge Village property owners and he had read some of the acknowledgements they've received. He reaffirmed that the building design would be sensitive to the terrain. Town Council Special Session 8/16/99 Page 4 of 6 Councilmember Poma asked Town Engineer Randy Harrel if traffic in the area was going to be a problem. Mr. Harrel stated the Engineering Department had submitted a traffic report and it had been approved. Engineering had met with SRP and would be moving the median to allow access to the driveway. Councilmember Poma questioned if a traffic light would be necessary. Mr. Harrel confirmed that traffic study indicated no light would be needed,but an acceleration lane would be constructed. Mr. Sverdrup stated that Planning and Zoning Commission had made one recommendation in Section 4 that read, "Parking for the proposed resort, including all proposed accessory uses as identified in Exhibit "D", shall be calculated per the Kracor parking study of July 28`h, 1999. There were no further comments by the Council or from the public. Mayor Morgan closed the public hearing and reconvened the Regular Session of the Town Council at 6:59 p.m. AGENDA ITEM #17 — CONSIDERATION OF ORDINANCE 99-23 REZONING OF 59.67* 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 P.U.D." (23.028± ACRES) AND THE "OSR" (36.635± ACRES) ZONING DISTRICTS, CASE NUMBER Z99-16. Councilmember Poma MOVED to approve Ordinance 99-23 as modified. Councilmember Wyman SECONDED the motion, which CARRIED unanimously. ikkiro AGENDA ITEM #18 — CONSIDERATION OF A CUT AND FILL WAIVER FOR THE PROPOSED FOUNTAIN HILLS RESORT, LOCATED NORTHEAST OF INTERSECTION OF PALISADES BOULEVARD AND SHEA BOULEVARD, CASE NUMBER CFW99-04. Mr. Sverdrup clarified the 29.7' cut and fill waiver by stating it would allow the developer enough room to work and that once the facility was built there would be no exposed cut and fill visible. He stated staff recommended approval as did the Planning and Zoning Commission by a 6— 1 vote. Councilmember Wiggishoff MOVED to approve the cut and fill waiver. Councilmember Wyman SECONDED the motion,which CARRIED unanimously. Councilmember Wiggishoff AMENDED the motion to approve the cut and fill waiver with the stipulation as outlined in the letter and that the cut would not exceed the limits as shown on Exhibit A. Councilmember Wyman SECONDED the amendment to the motion, which CARRIED unanimously. AGENDA ITEM #19 — CONSIDERATION OF RESOLUTION 1999-43 APPROVING THE REOUEST OF THE LOS ARCOS MULTIPURPOSE FACILITIES DISTRICT TO PLACE A QUESTION ON THE NOVEMBER 2, 1999 BALLOT FOR VOTER APPROVAL FOR THE RECEIPT AND USE OF A PORTION OF STATE SALES TAX REVENUES GENERATED AT THE DISTRICT MULTIPURPOSE FACILITIES SITE TO BE LOCATED GENERALLY AT THE INTERSECTIONS OF SCOTTSDALE AND MCDOWELL ROADS IN SCOTTSDALE, ARIZONA. Wally Nichols and Linda Melucci introduced themselves as the Fountain Hills board members on the Los Arcos Facilities District. They thanked the Council for the opportunity to serve Fountain Hills on the Town Council Special Session 8/16/99 Page 5 of 6 multi jurisdictional board. Mr. Nichols stated Scottsdale had voted unanimously to hold the November 2nd election just as the Town of Guadalupe had. Mr. Nichols reiterated that no new taxes were required from Scottsdale, Fountain Hills, or Guadalupe for the proposed project. He said the district, with funds through the developer, would pay for all costs associated with the November 2nd election. He stated it was their recommendation that the District be allowed to hold the November 2nd election in Fountain Hills. Town Attorney Bill Farrell thanked Mr. Nichols and Ms. Melucci for their staff report and confirmed that he and the Town Clerk had reviewed the documents regarding the stadium ballot and they were in 100% support of the agreement. Mayor Morgan asked if there questions from the Council. The Council asked no further questions. Mayor Morgan asked if there comments from the public. Mr.Jim Wellington, Chairman of the Los Arcos Facilities District Board He thanked the Council for appointing Wally Nichols and Linda Melucci to the board and stated they were doing very well with more to come. Vice Mayor Mower MOVED to approve Resolution 1999-43. Councilmember Wiggishoff SECONDED the motion, which CARRIED unanimously. AGENDA ITEM#20—CALL TO THE PUBLIC. No one came forward to comment from the public. AGENDA ITEM#21—ADJOURNMENT. Vice Mayor Mower MOVED to adjourn the meeting. Councilwoman Wiggishoff SECONDED the motion, which CARRIED unanimously. Mayor Morgan adjourned the meeting at 7:12 p.m. TOWN OF F NTAIN HI LS B . Sharon Morgan,Mayo A F hST: Cassie) .Hansen,Town Clerk PREPARED BY: i: Bev Bender,Administrative Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Special Session Meeting held by the Town Council of Fountain Hills on the 16th day of August 1999. I further certify that the meeting was duly called and that a quorum was present. DATED this 2nd day of September 1999. (1.,(44.4. 13 -14/v14- Cassie B. Hansen,Town Clerk Town Council Special Session 8/16/99 Page 6 of 6