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HomeMy WebLinkAbout8-4-05 packetDocument in 8-4-05.obd Page 1 of 4 Last printed 7/29/2005 11:37 AM NOTICE OF THE REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Mike Archambault Councilman Keith McMahan Councilman John Kavanagh Councilman Ed Kehe Vice Mayor Jay Schlum DATE: THURSDAY, AUGUST 4, 2005 TIME: 6:30 P.M. WHERE: NEW TOWN HALL COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS FOUNTAIN HILLS, AZ PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Council Members. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Document in 8-4-05.obd Page 1 of 4 Last printed 7/29/2005 11:37 AM • CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Nichols • INVOCATION – Mayor Nichols • ROLL CALL – Mayor Nichols • SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS – (i) The Mayor will present a “Certificate of Achievement” to Christopher Carillo, Brian Nagel, Christopher Meyers, Robert Wineman, and Michael Tilrico for attaining the rank of Eagle Scout. (ii) The Mayor will read a proclamation declaring August 2005, Drowning Impact Awareness Month. (iii) Economic Development Specialist Megan Griego will introduce the WLB Group, Inc. who will make a presentation regarding the proposed improvements on Avenue of the Fountains. (iv) Public Administration Intern Jay Chilton will provide a brief overview of the moving process regarding the recent relocation into the New Town Hall. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are property noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. *CONSENT AGENDA *1.) CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from July 7, 2005. *2.) CONSIDERATION of approving a one-year contract extension with TruGreen LandCare for the WASH CLEAN-UP PROJECT in the amount of $129,094. *3.) CONSIDERATION of approving the release of FUNDS to Fountain Hills Veteran’s Memorial, Inc. in the amount of $40,000. *4.) CONSIDERATION of approving the release of FUNDS to the Fountain Hills Community Theater in the amount of $50,000. *5.) CONSIDERATION of RESOLUTION 2005-41, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the southerly property line of Plat 204, Block 5, Lot 1 (16937 E. Malta Drive) as recorded in Book 142 of Maps, Page 10, Records of Maricopa County, Arizona. EA05-14 (Hamann) *6.) CONSIDERATION of RESOLUTION 2005-43, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly property line of Plat 604B, Block 2, Lot 10 (15136 E. Mustang Drive) as recorded in Book 142 of Maps, Page 10 Records of Maricopa County, Arizona. EA05-16 (Viterbo). *7.) CONSIDERATION of RESOLUTION 2005-45, abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the southerly property line of Mirage Condominiums #30 (formerly Plat 111, Block 7, Lot 10) (16631 E. Ashbrook Drive) as recorded in Book 375 of Maps, Page 35, Records of Maricopa County, Arizona, with stipulation. EA05-15 (Mleczko) Document in 8-4-05.obd Page 1 of 4 Last printed 7/29/2005 11:37 AM *8.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for the “Greatview Condominium, A Condominium”, a 4-unit condominium project located at 11420 Saguaro Blvd., aka Lot 6, Block 2, Final Plat 201. Case #S2005-13. *9.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for “Twin Hawk Condominiums”, a 2-unit condominium project located at 16811 E. Hawk Drive aka Lot 2, Lot 2, Block 1, Final Plat 201-A. Case #S2005-08. *10.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for “Ivory Professional Building, A Condominium”, a 4-unit commercial condominium project located at 15024 Ivory Drive aka Lot 24, Block 1, Final Plat 106. Case #S2004-30 *11.) CONSIDERATION of terminating the Town’s legal services agreement with Jorden Bishoff McGuire & Hiser, P.L.C. and authorizing the Town Manager to execute an engagement letter with Gust Rosenfeld, P.L.C. *12.) CONSIDERATION of approving a PROFESSIONAL SERVICES AGREEMENT with J2 Engineering and Environmental Design, L.L.C., in the amount of $92,000, for the design and architectural plans for the Central Trailhead project. REGULAR AGENDA 13.) CONSIDERATION of approving a $2,500 donation to the 911 Memorial fund. 14.) CONSIDERATION of accepting the Public Art Committee’s recommendation for public art and approving the purchase of a FOUNTAIN for Town Hall. 15.) PUBLIC HEARING to receive comment on ORDINANCE 05-06, which is a text amendment to the Zoning Ordinance, modifying the 200 foot building length limitation in Multi-family Zoning Districts. Case #Z2005-01. 16.) CONSIDERATION of ORDINANCE 05-06, amending the Town of Fountain Hills Zoning Ordinance, modifying the 200-FOOT BUILDING LENGTH LIMITATION in Multi-family Zoning Districts. Case #Z2005-01 17.) CONSIDERATION of RESOLUTION 2005-46, amending the DEVELOPMENT AGREEMENT is with High Nob, L.L.C., for “High Nob Acres”, a proposed 27.5 acre, 11-lot single family residential subdivision located on Lot 34, Block 1, Final Plat 506-C, and the abutting unplatted parcel of land to the west of Lot 34. 18.) CONSIDERATION of the PRELIMINARY PLAT for “High Nob Acres”, a proposed 11-lot single-family residential subdivision located on Lot 34, Block 1, Final Plat 506-C, and the abutting unplatted parcel of land to the west of Lot 34. Case#S2004-22 19.) STAFF REPORT with possible direction to staff regarding FRACTIONAL OWNERSHIP AND TIMESHARES. 20.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths, weaknesses, and discuss possible improvements for future meetings. 21.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. None Document in 8-4-05.obd Page 2 of 4 Last printed 7/29/2005 11:37 AM 22.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 23.) ADJOURNMENT. DATED this 29th day of July, 2005. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. Town of Fountain HillsAvenue of the FountainsEnhancement Project“A new destination” Council MembersWally Nichols, MayorJaySchlum, Vice-MayorMikeArchambaultJohnKavanaghEdwinKeheKeith McMahan Participants•Residents•Business Community•Town Staff•The WLB Group Design Team Project Mission StatementThe goal of this project is to bring together, in a collaborative effort, the creative ideas of community members, the Town of Fountain Hills, and the WLB Group Team to design improvements for the Avenue of the Fountains that will establish a vibrant downtown presence which is interactive, rich and exciting. Project Information•The project will be completed in three phases. Phase I -north streetscape improvement including:–street lighting (electrical upgrade)–shade structures –benches –decorative sidewalk treatment–landscape enhancement•Anticipated start of construction for Phase I is March 2006. Project InformationEstimated Project Cost is $5 million.BudgetPhase$2.7 MillionPhase III$1.5 millionPhase II$800,000Phase I “Sense of Water”•Focal points at each entry to the Avenue of the Fountains are defined with new water features that create a strong visual statement, a sense of excitement and define the landmark status of the site. •Emphasis is placed on the “sense of water”. “Sense of Water”•Each element is designed to encourage visitors to make connections to water as a vital resource in our desert environment. Fountain Site Plan Saguaro Blvd Entry Site Plan•Between the new fountains are an arrangement of walls and gardens, which spatially define gathering areas Site PlanEast Block Site PlanWest Block Design Highlights•Within the east block median, a market plaza creates a functional space for craft fairs and the Farmers’Market. Design Highlights•At the west block median is an exciting, interactive water feature that is certain to become a destination point. Design Highlights•The Verde River Drive intersection becomes a vibrant “piazza” with mirrored fountains. Design Highlights•Along the north streetscape, shade structures with urban amenities mid-block will create pedestrian comfort areas. The addition of desert shade trees,Cercidiumhybrid 'Desert Museum', will provide filtered shade, yet the airy canopy will permit visibility to the existing buildings. Design Highlights•Pedestrian crossings are defined mid-block and at each intersection utilizing a specialty paving application. Shade Structure Lighting•Pedestrian level lighting will illuminate the Avenue to enhance evening usage.•Lighting compliant with TOFH zoning ordinance. Lighting•Post mounted light to illuminate parking and sidewalk.•Bollards located in median and at pedestrian crossings.•Uplights at palm trees.•Electrical outlets at each palm tree planter for holiday light display. Lighting without umbrellaUrban Amenities Urban Amenitiestrash receptacle only Entry FeatureOption COption AOption B Sidewalk Landscape•The plant palette for the project is reflective of the surrounding desert with emphasis on lush native plants that are colorful and leafy. The gardens will be in harmony with the “sense of water”established by the fountains. Cercidium hybridFicus microcarpaJacarandaTreesUlmus parvifoliaProsopsis hybridDalbergia sisso Firecracker penstemonRegal mistPlantsBougainvilleaQueen’s wreathAbutilonChuparosaOctopus agaveRed yuccaLady’s slipperGold lantana Summer snowRoger’s redPlantsChaparral sageBear grassMexican honeysuckleRed fountain grassPodraneaOrchid treeAloe vera Color Palette•The color scheme will compliment the Town Center Color Palette and will be reflective of the desert hues. Color Palette “A New Destination”•The aesthetic expression of the entire project is a direct result of the passionate community support. TheAvenue of the Fountainsis destined to become a compelling site that will capture the wonder of water. Landscape Architect:Water Feature Design:Electrical Engineer: “Celebrating the Motion, Transparency, Splash, Sparkle and Character of Water, Our Vision Draws Upon the Existing World Class Fountain and Water Attraction -the Ripples of That Attraction and This Enhancement Project Will Continue to Influence and Positively Affect the Community of Fountain Hills.” Document in 8-4-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 8/4/05 Submitting Department: Administration Contact Person: Jay Chilton Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Public Administration Intern Jay Chilton will provide a brief overview of the moving process regarding the recent relocation into the New Town Hall Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Slide show presentation on the move to the New Town Hall List All Attachments as Follows: Printout of Powerpoint Presentation Type(s) of Presentation: Verbal Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 8-4-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 26, 2005 FR: Jay Chilton, Public Administration Intern Reviewed: Tim Pickering, Town Manager RE: Slide show presentation on the move to the New Town Hall A Big Move: The Town of Fountain Hills Moves into its New Town Hall, July 21-22, 2005 The presentation will be a slide show and I will speak as the pictures go by. There will be no text in the Powerpoint presentation other than the first slide. The slide numbers that go with each section of text are in parenthesis. Presentation: On Thursday and Friday, July 21 and 22, 2005, we moved into our new Town Hall Building. The building was built over the course of about nine months and was completed and available within 11 days from the original schedule. Our new Town Hall will result in a savings of $650,000 a year to the general fund. The new building houses our Administrative functions, Parks and Recreation, Public Works including Planning and Zoning and Building Safety, Law Enforcement, the Municipal Court, and of course the Council Chamber. The building is 34,306 square feet, has approximately 43,200 feet (8.2 miles) of voice and data wiring, and has over 9000 feet (1.7 miles) of fiber optic cable for the network. Our construction manager was Kitchell, our architect Smithgroup, and our builder was Holder (1, 2, 3). At our old town hall, we started packing early. Some of us were all ready to go by the day before the move (4, 5). Some were still in the thick of packing (6, 7, 8), and some just hadn’t even had time for any of that yet (9). Our moving company, Fountain Hills Moving, arrived at the old town hall at 8 am on Thursday to start moving our boxes (10, 11, 12). They loaded their trucks and started bringing everything to the new building. Some of us were waiting patiently for our things to arrive, ready to unpack (13, 14, 15, 16). When our boxes started arriving, we got to work (17, 18, 19). Some things got unpacked a little faster than others (20, 21). We like our new accommodations. Our cubicles, storage areas, the court, judge’s chamber. Even the holding cell (22, 23, 24, 25, 26, 27). Even in all of that, we had time for a few breaks. We ate some ice cream and played some games (28). The move went smoothly. As far as we know, we have all of our stuff. By Monday morning, July 25, we were open for business again. Document in 8-4-05.obd There were a few people who had a lot of the move on their plates. They were always on the run. To wit, these are the best pictures I got of our IT Coordinator, Mike Ciccarone. Every time we saw these few people, they had sweat dripping down their foreheads (29, 30, 31, 32). Our special thanks go to our IT crew, Joe Ross and Mike Ciccarone, to our facilities group, Don, George, and Stretch. And of course, to our facilities supervisor Don Thumith, who made much of this move possible (33). Document in 8-4-05.obd Page 1 of 1 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 8/04/05 Submitting Department: Admin Contact Person: Bender Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Draft Minutes Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of approving the Town Council Meeting Minutes from July 7, 2005. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: To approve the meeting minutes for archival purposes. List All Attachments as Follows: Draft minutes Type(s) of Presentation: none Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee Document in 8-4-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 8/4/05 Submitting Department: Public Works Contact Person: John Morast Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of approving a one-year contract renewal with TruGreen LandCare for the annual wash cleanup project in the amount of $ 129,094.00. Staff Recommendation: Approve Fiscal Impact: Yes $ 129,094.00 Purpose of Item and Background Information: Annual wash cleanup. List All Attachments as Follows: Staff memo Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 8-4-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: July 26, 2005 FR: John Morast, Assistant Public Works Director TH: Tom Ward, Public Works Director RE: Wash Cleanup The Town has an existing wash cleanup annual contract with TruGreen LandCare. The contract is for a one-year period and includes yearly renewal unless written notification is otherwise presented by either party. The contract stipulates that up to four additional one-year renewal periods, with prices adjusted for inflation each year, are possible. The wash cleanup program has been in existence for the last nine years. It started when town staff realized that many of our washes were overgrown, creating problems for proper drainage and fire control. Salt Cedars and Desert Broom are the two plant species that create most of these problems, not just in Fountain Hills, but also across the entire valley. The Fountain Hills Fire Department assists town staff in determining which washes contain the highest degree of concern for potential fire hazards. Wash cleanup crews will also cut low hanging tree limbs that provide mosquito breeding grounds when they hang in water. Eliminating these breeding grounds helps reduce the potential of West Nile Virus carrying mosquitoes. At the same time, crews remove any dead branches, fallen trees, trash and dumping of other miscellaneous articles. Along with the wash cleanup we utilize the contractor to perform any necessary maintenance of our six ADWR jurisdictional dams that are inspected annually. The first contract year was completed in June 2005 and the second year is now up for renewal. Staff has been satisfied with the contractor’s performance and is in favor of renewing the contract for a second year. The contract has an annual increase based upon the Consumer Price Index (CPI). The CPI for this contract is 2.7%. The contractor has agreed to this 2.7% increase in their overall rate schedule. Upon a new notice to proceed issued by the Town, the contractor will begin fall scheduling cleanup crews. The new contract amount is $129,094. Overall this program serves to lessen the liability for the town for fire hazards and potential flooding, and reduces mosquito breeding areas in Town washes. The following wash locations are scheduled for wash cleanup: • Ashbrook Wash – Saguaro Blvd to El Pueblo Blvd • Fountain Channel – El Lago Blvd to Panorama Dr • Colony Wash – Both sides of Saguaro Blvd • Cereus Wash – Saguaro Blvd to Shea Blvd • Bristol Wash – Both sides of Sierra Madre Dr Staff recommends renewal of the annual wash cleanup contract with TruGreen Landcare in the amount of $129,094.00. document in 8-4-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 8/4/2005 Submitting Department: Admin Contact Person: Julie Ghetti Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Invoice Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of approving the release of funds to Fountain Hills Veteran's Memorial, Inc. in the amount of $40,000. Staff Recommendation: Approve Fiscal Impact: Yes $40,000 Purpose of Item and Background Information: The request from the Veterans Memorial Committee is for release of funds that were appropriated in the FY05-06 Operational and Community Support budget. List All Attachments as Follows: Letter of request from Fountain Hills Veterans' Memorial, Inc. dated June 22, 2005 Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee document in 8-4-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 8/4/2005 Submitting Department: Admin Contact Person: Julie Ghetti Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Invoice Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of approving the release of funds to Fountain Hills Community Theater, Inc. in the amount of $50,000. Staff Recommendation: Approve Fiscal Impact: Yes $50,000 Purpose of Item and Background Information: The request from the Fountain Hills Community Theater is for release of funds that were appropriated in the FY05-06 Operational and Community Support budget. List All Attachments as Follows: Letter of request from Fountain Hills Community Theater, Inc. dated July 6, 2005 Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager / Designee Document in 8-4-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 8/4/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-41 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southerly property line of Plat 204, Block 5, Lot 1 (16937 E. Malta Drive) as recorded in Book 142 of Maps, Page 10 Records of Maricopa County, Arizona. EA05-14 (Hamann) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 8-4-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 6, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-14 16937 E. Malta Drive Plat 204, Block 5, Lot 1 This item on the Town Council's agenda is a proposal to abandon the ten (10’) foot public utility and drainage easements located at the southerly property line of Plat 204, Block 5, Lot 1, (16937 E. Malta Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 1 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-41. Enc: Resolution Exhibit C: Helena Hamann Adjacent Property Owners Document in 8-4-05.obd RESOLUTION 2005-41 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE SOUTHERLY PROPERTY LINE OF PLAT 204, BLOCK 5, LOT 1, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 142 OF MAPS, PAGE 10 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easement, located at the southerly property line of Plat 204, Block 5, Lot 1, Fountain Hills, as recorded in Book 142 of Maps, Page 10 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 8-4-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 4, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 8-4-05.obd Document in 8-4-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 8/4/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-43 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly property line of Plat 604B, Block 1, Lot 10 (15136 E. Mustang Drive) as recorded in Book 142 of Maps, Page 10 Records of Maricopa County, Arizona. EA05-16 (Viterbo) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 8-4-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 15, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-16 15136 E. Mustang Drive Plat 604B, Block 1, Lot 10 This item on the Town Council's agenda is a proposal to abandon the ten (10’) foot public utility and drainage easements located at the northerly property line of Plat 604B, Block 1, Lot 10, (15136 E. Mustang Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Lot 10 are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-43. Enc: Resolution Exhibit C: John Viterbo Adjacent Property Owners Document in 8-4-05.obd RESOLUTION 2005-43 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE NORTHERLY PROPERTY LINE OF PLAT 604B, BLOCK 1, LOT 10, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 196 OF MAPS, PAGE 27 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain ten (10’) foot public utility and drainage easement, located at the northerly property line of Plat 604B, Block 1, Lot 10, Fountain Hills, as recorded in Book 196 of Maps, Page 27 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 8-4-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 4, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 8-4-05.obd Document in 8-4-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 8/4/05 Submitting Department: Public Works Contact Person: Tom Ward Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Finance Regular Agenda Wording: Consideration of RESOLUTION 2005-45 abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the southerly property line of Mirage Condominiums #30 (formerly Plat 111, Block 7, Lot 10) (16631 E. Ashbrook Drive) as recorded in Book 375 of Maps, Page 35 Records of Maricopa County, Arizona, with stipulation. EA05-15 (Mleczko) Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Request for abandonment submitted June 10, 2005. List All Attachments as Follows: Staff memo, resolution and abandonment exhibit Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager Document in 8-4-05.obd TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 12, 2005 FR: Art Candelaria, Civil Engineer Randy Harrel, Town Engineer Reviewed: Tom Ward, Director of Public Works RE: Easement Abandonment - EA05-15 16631 E. Ashbrook Drive, Mirage Condominiums #30 (formerly Plat 111, Block 7, Lot 10) This item on the Town Council's agenda is a proposal to abandon the twenty (20’) foot public utility and drainage easements located at the southerly property line of Mirage Condominiums #30 (formerly Plat 111, Block 7, Lot 10), (16631 E. Ashbrook Drive) as shown in Exhibit “A”. The property owners desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of this public utility easement (except that Cox needs to verify that their approval can apply to the full rear width of the lot). The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owners of Mirage Condominiums #30, Unit A are required to pass the developed flows generated by the upstream lots across their property. Staff recommends approval of Resolution 2005-45, subject to the following stipulation: • Verification from Cox Cable that their abandonment does apply to the full rear width of Mirage Condominiums #30. (All the other utilities have verified that, to date.) Enc: Resolution Exhibit C: Janusz Mleczko Adjacent Property Owners Document in 8-4-05.obd RESOLUTION 2005-45 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN PORTIONS OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS AT THE SOUTHERLY PROPERTY LINE OF MIRAGE CONDOMINIUMS #30, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 375 OF MAPS, PAGE 35 RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”), as the governing body of real property located in the Town of Fountain Hills (the “Town”), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights-of-way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That portions of the certain twenty (20’) foot public utility and drainage easement, located at the southerly property line of Mirage Condominiums #30, Fountain Hills, as recorded in Book 375 of Maps, Page 35 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Document in 8-4-05.obd PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, August 4, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney Document in 8-4-05.obd Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: August 4, 2005 Submitting Department: Parks and Recreation Department Contact Person: Mark Mayer Consent: Regular: Requesting Action: Report Only: Type of Document Needing Approval (Check all that apply): Public Hearing Resolution Ordinance Agreement Emergency Clause Special Event Permit Special Consideration Intergovernmental Agreement Acceptance Grant Submission Liquor/Bingo License Application Plat Special Event Permit Special/Temp Use Permit Other: Council Priority (Check Appropriate Areas): Education Public Fitness Library Services Public Safety Community Activities Economic Development Public Works Human Service Needs Parks & Recreation Town Elections Community Development Regular Agenda Wording: Consideration of approving a PROFESSIONAL SERVICES AGREEMENT with J2 Engineering and Environmental Design, L.L.C., in the amount of $92,000 for the design and architectural plans for the Central Trailhead project. Staff Recommendation: Approve Fiscal Impact: Yes $92,000 Purpose of Item and Background Information: The firm of J2 has previously completed both the overall Master Plan for the McDowell Mountain Central Tailhead and the grading plan for the site. The completion of the design and the archtectural for the restroom, picnic ramada and site amenities will complete the design process for the project. Funds for this project have been budgeted to come from Open Space Development fees in this year's Town budget. Staff is recommending approval of the Agreement. List All Attachments as Follows: Copy of the signed Agreement Type(s) of Presentation: None Signatures of Submitting Staff: ____________________________ _____________________________________ Department Head Budget Review (if item not budgeted or exceeds budget amount) ____________________________ Town Manager PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J2 ENGINEERING AND ENVIRONMENTAL DESIGN, L.L.C. THIS PROFESSIONAL SERVICES AGREEMENT (this “Agreement”) is made as of August 4, 2005, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and J2 Engineering and Environmental Design, L.L.C., an Arizona limited liability company (the “Consultant”). RECITALS A. The Consultant possesses the skill and experience required to complete the architecture and design of the Central Trailhead for access to McDowell Mountain Preserve surrounding the Town. B. The Consultant previously completed the master plan and the grading plan for the future Central Trailhead for the Town under separate agreements. C. The Town desires to enter into an Agreement with the Consultant for the landscape architecture and architectural design for the Central Trailhead site (the “Services”). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the following mutual covenants and conditions, the Town and the Consultant hereby agree as follows: 1. 1. Term of Agreement. This Agreement shall be effective as of the date first set forth above and shall remain in full force and effect until August 1, 2006. 2. 2. Scope of Work. Consultant shall provide the Services as set forth in the Consultant Proposal, attached hereto as Exhibit A and incorporated herein by reference. 3. 3. Compensation. The Town shall pay Consultant a price not to exceed $92,000.00 for the Services, as set forth in Exhibit A. 4. 4. Payments. The Town shall pay the Consultant monthly, based upon work performed and completed to date, and upon submission and approval of invoices. All invoices shall document and itemize all work completed to date. The invoice statement shall include a record of time expended and work performed in sufficient detail to justify payment. 5. 5. Documents. All documents prepared and submitted to the Town pursuant to this Agreement shall be the property of the Town. 6. 6. Consultant Personnel. Consultant shall provide adequate, experienced personnel, capable of and devoted to the successful completion of the Services to be performed under this 9196.009\J2-Central Trailhead.agt.doc 7.13.2005-1 Agreement. Consultant agrees to assign specific individuals to key positions. Consultant agrees that, upon commencement of the Services to be performed under this Agreement, key personnel shall not be removed or replaced prior without written notice to the Town. If key personnel are not available to perform the Services for a continuous period exceeding 30 calendar days, or are expected to devote substantially less effort to the Services than initially anticipated, Consultant shall immediately notify the Town of same and shall, subject to the concurrence of the Town, replace such personnel with personnel of substantially equal ability and qualifications. 1. 7. Inspection; Acceptance. All work shall be subject to inspection and acceptance by the Town at reasonable times during Consultant’s performance. The Consultant shall provide and maintain a self-inspection system that is acceptable to the Town 2. 8. Licenses. Consultant shall maintain in current status all federal, state and local licenses and permits required for the operation of the business conducted by the Consultant. 3. 9. Performance Warranty. Consultant warrants that the Services rendered will conform to the requirements of this Agreement and to the highest professional standards in the field. 4. 10. Indemnification. To the fullest extent permitted by law, the Consultant shall defend, indemnify and hold harmless the Town, its agents, representatives, officers, directors, officials and employees for, from and against all claims, damages, losses and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the cost of appellate proceedings) relating to, arising out of, or caused by the negligent, willful, wrongful or intentional acts of the Consultant, its employees, agents or any tier subcontractors, or the negligent acts, errors, mistakes, omissions, work or services of the Consultant, its employees, agents, or any tier of subcontractors in the performance of this Agreement. Consultant’s duty to defend, hold harmless and indemnify the Town, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or destruction of property, including loss of use resulting therefrom, caused by any negligent acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of the Consultant or any tier of subcontractor or any other person for whose negligent acts, errors, mistakes, omissions, work or services the Consultant may be legally liable. The amount and type of insurance coverage requirements set forth below will in no way be construed as limiting the scope of the indemnity in this Section. 11. Insurance. 11.1 General. a. Insurer Qualifications. Without limiting any obligations or liabilities of Consultant, Consultant shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of A-or above with policies and forms satisfactory to the Town. Failure to maintain insurance as specified herein may result in termination of this Agreement at the Town’s option. 9196.009\J2-Central Trailhead.agt.doc 7.13.2005-1 2 .b. No Representation of Coverage Adequacy. By requiring insurance herein, the Town does not represent that coverage and limits will be adequate to protect Consultant. The Town reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Consultant from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. .c. Additional Insured. All insurance coverage and self-insured retention or deductible portions, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. .d. Coverage Term. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement are satisfactorily performed, completed and formally accepted by the Town, unless specified otherwise in this Agreement. .e. Primary Insurance. Consultant’s insurance shall be primary insurance with respect to performance of this Agreement and in the protection of the Town as an Additional Insured. .f. Claims Made. In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for three years past completion and acceptance of the services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and contains the provisions as required herein for the three-year period. .g. Waiver. All policies, except for Professional Liability, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against the Town, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Consultant. Consultant shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto. .h. Policy Deductibles and/or Self-Insured Retentions. The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to the Town. Consultant shall be solely responsible for any such deductible or self-insured retention amount. .i. Use of Subcontractors. If any work under this Agreement is subcontracted in any way, Consultant shall execute written agreement with Subcontractor containing the indemnification provisions set forth in this Section and insurance 9196.009\J2-Central Trailhead.agt.doc 7.13.2005-1 3 requirements set forth herein protecting the Town and Consultant. Consultant shall be responsible for executing the agreement with Subcontractor and obtaining certificates of insurance verifying the insurance requirements. j. Evidence of Insurance. Prior to commencing any work or services under this Agreement, Consultant shall furnish the Town with certificate(s) of insurance, or formal endorsements as required by this Agreement, issued by Consultant’s insurer(s) as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverages, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. If a certificate of insurance is submitted as verification of coverage, the Town shall reasonably rely upon the certificate of insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the above-cited policies expire during the life of this Agreement, it shall be Consultant’s responsibility to forward renewal certificates within ten days after the renewal date containing all the aforementioned insurance provisions. Additionally certificates of insurance submitted without referencing a contract number will be subject to rejection and returned or discarded. Certificates of insurance shall specifically include the following provisions: (1) The Town, its agents, representatives, officers, directors, officials and employees are Additional Insureds as follows: (a) Commercial General Liability -Under Insurance Services Office, Inc., (“ISO”) Form CG 20 10 03 97 or equivalent. .(2) Consultant’s insurance shall be primary insurance as respects performance of the Agreement. .(3) All policies, including Workers’ Compensation, waive rights of recovery (subrogation) against Town, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Consultant under this Agreement. .(4) A 30-day advance notice cancellation provision. If ACORD certificate of insurance form is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted. (b) Auto Liability - Under ISO Form CA 20 48 or equivalent. (c) Excess Liability -Follow Form to underlying insurance. 9196.009\J2-Central Trailhead.agt.doc 7.13.2005-1 4 11.2 Required Insurance Coverage. .a. Commercial General Liability. Consultant shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than $1,000,000 for each occurrence, $2,000,000 Products and Completed Operations Annual Aggregate and a $2,000,000 General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured’s clause. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited as an Additional Insured under ISO, Commercial General Liability Additional Insured Endorsement form CG 20 10 03 97, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope then underlying insurance. .b. Vehicle Liability. Consultant shall maintain Business Automobile Liability insurance with a limit of $1,000,000 each occurrence on Consultant’s owned, hired and non-owned vehicles assigned to or used in the performance of the Consultant’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” “any auto” policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, the Town, its agents, representatives, officers, directors, officials and employees shall be cited as an Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance shall be “follow form” equal or broader in coverage scope then underlying insurance. .c. Professional Liability. If this Agreement is the subject of any professional services or work, or if the Consultant engages in any professional services or work adjunct or residual to performing the work under this Agreement, the Consultant shall maintain Professional Liability insurance covering negligent errors and omissions arising out of the Services performed by the Consultant, or anyone employed by the Consultant, or anyone for whose negligent acts, mistakes, errors and omissions the Consultant is legally liable, with an unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 all claims. In the event the Professional Liability insurance policy is written on a “claims made” basis, coverage shall extend for three years past completion and acceptance of the Services, and the Project Manager shall be required to submit certificates of insurance evidencing proper coverage is in effect as required above. .d. Workers’ Compensation Insurance. Consultant shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability 9196.009\J2-Central Trailhead.agt.doc 7.13.2005-1 5 Insurance of not less than $500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy limit. 1. 11.3 Cancellation and Expiration Notice. Insurance required herein shall not expire, be canceled, or materially changed without 30 days prior written notice to the Town. 12. Applicable Law; Venue. In the performance of this Agreement, Consultant shall abide by and conform to any and all laws of the United States, State of Arizona and Town of Fountain Hills, including but not limited to, federal and state executive orders providing for equal employment and procurement opportunities, the Federal Occupational Safety and Health Act and any other federal or state laws applicable to this Agreement. This Agreement shall be governed by the laws of the State of Arizona and suit pertaining to this Agreement may be brought only in courts in the State of Arizona. 13. Termination; Cancellation. 2. 13.1 For Town’s Convenience. This Agreement is for the convenience of the Town and, as such, may be terminated without cause after receipt by Consultant of written notice by the Town. Upon termination for convenience, Consultant shall be paid for all undisputed services performed to the termination date. 3. 13.2 For Cause. This Agreement may be terminated be either party upon 30 days’ written notice should the other party fail to substantially perform in accordance with this Agreement’s terms, through no fault of the party initiating the termination. In the event of such termination for cause, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 4. 13.3 Due to Work Stoppage. This Agreement may be terminated by the Town upon 30 days’ written notice to Consultant in the event that the Services are permanently abandoned. In the event of such termination due to work stoppage, payment shall be made by the Town to the Consultant for the undisputed portion of its fee due as of the termination date. 5. 13.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ. REV. STAT. § 38-511. The Town may cancel this Agreement without penalty or further obligations by the Town or any of its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Town or any of its departments or agencies is, at any time while the Agreement or any extension of the Agreement is in effect, an employee of any other party to the Agreement in any capacity or a Consultant to any other party of the Agreement with respect to the subject matter of the Agreement. 6. 13.5 Gratuities. The Town may, by written notice to the Consultant, cancel this Agreement if it is found by the Town that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Consultant or any agent or representative of the Consultant to any officer or employee of the Town for the purpose of securing this Agreement. In the event this Agreement is cancelled by the Town pursuant to this provision, the Town shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Consultant an amount equal to 150% of the gratuity. 9196.009\J2-Central Trailhead.agt.doc 7.13.2005-1 6 14. Miscellaneous. 1. 14.1 Independent Contractor. The Consultant acknowledges that the Services provided under this Agreement are being provided as an independent contractor, not as an employee or agent of the Town. Both parties agree that this Agreement is nonexclusive and that Consultant is not prohibited from entering into other contracts nor prohibited from practicing its profession elsewhere. 2. 14.2 Laws and Regulations. The Consultant shall keep fully informed and shall at all times during the performance of its duties under this Agreement ensure that it and any person for whom the Consultant is responsible remains in compliance with of all rules, regulations, ordinances, statutes or laws affecting the Services, including the following: (i) existing and future Town and County ordinances and regulations, (ii) state and federal laws and (iii) Occupational Safety and Health Administration (“OSHA”) standards. 1. 14.3 Amendments. This Agreement may be modified only by a written amendment signed by persons duly authorized to enter into contracts on behalf of the Town and the Consultant. 2. 14.4 Provisions Required by Law. Each and every provision of law and any clause required by law to be in the Agreement will be read and enforced as though it were included herein and, if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement will promptly be physically amended to make such insertion or correction. 3. 14.5 Severability. The provisions of this Agreement are severable to the extent that any provision or application held to be invalid by a Court of competent jurisdiction shall not affect any other provision or application of the Agreement which may remain in effect without the invalid provision or application. 4. 14.6 Relationship of the Parties. It is clearly understood that each party will act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other for any purpose whatsoever. The Consultant is advised that taxes or Social Security payments will not be withheld from any Town payments issued hereunder and that the Consultant should make arrangements to directly pay such expenses, if any. 5. 14.7 Interpretation; Parol Evidence. This Agreement represents the entire agreement of the parties with respect to its subject matter, and all previous agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and superseded by this Agreement. No representations, warranties, inducements or oral agreements have been made by any of the parties except as expressly set forth herein, or in any other contemporaneous written agreement executed for the purposes of carrying out the provisions of this Agreement. 6. 14.8 Assignment. No right or interest in this Agreement shall be assigned by Consultant without prior, written permission of the Town and no delegation of any duty of Consultant shall be made without prior, written permission of the Town. 9196.009\J2-Central Trailhead.agt.doc 7.13.2005-1 7 14.9 Subcontracts. No subcontract shall be entered into by the Consultant with any other party to furnish any of the material or services specified herein without the prior written approval of the Town. The Consultant is responsible for performance under this Agreement whether or not subcontractors are used. 1. 14.10 Rights and Remedies. No provision in this Agreement shall be construed, expressly or by implication, as waiver by the Town of any existing or future right and/or remedy available by law in the event of any claim of default or breach of this Agreement. The failure of the Town to insist upon the strict performance of any term or condition of this Agreement or to exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or the Town’s acceptance of and payment for services, shall not release the Consultant from any responsibilities or obligations imposed by this Agreement or by law, and shall not be deemed a waiver of any right of the Town to insist upon the strict performance of this Agreement. 2. 14.11 Attorneys’ Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this Agreement or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys fees and reasonable costs and expenses, determined by the court sitting without a jury, which shall be deemed to have accrued on the commencement of such action and shall be enforced whether or not such action is prosecuted through judgment. 3. 14.12 Liens. All materials or services shall be free of all liens and, if the Town requests, a formal release of all liens shall be delivered to the Town. 4. 14.13 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below, (iii) given to a recognized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: If to Town: Town of Fountain Hills 16836 E. Palisades Boulevard Fountain Hills, Arizona 85268 Facsimile: 480-837-3145 Attn: Timothy G. Pickering, Town Manager With copy to: JORDEN BISCHOFF MCGUIRE & HISER, P.L.C. 7272 E. Indian School Road, Suite 205 Scottsdale, Arizona 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. If to Consultant: J2 Engineering and Environmental Design, L.L.C. 4649 E. Cotton Gin Loop, Suite B2 Phoenix, Arizona 85040 Facsimile: 602-438-2225 Attn: Jeff Engelmann 9196.009\J2-Central Trailhead.agt.doc 7.13.2005-1 8 or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage, (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (iv) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 1. 14.14 Confidentiality of Records. The Consultant shall establish and maintain procedures and controls that are acceptable to the Town for the purpose of ensuring that information contained in its records or obtained from the Town or from others in carrying out its obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or employees, except as required to perform the duties under this Agreement. Persons requesting such information should be referred to the Town. Consultant also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Consultant as needed for the performance of duties under this Agreement. 2. 14.15 Conflicting Terms. In the event of a conflict between the Consultant Proposal and this Agreement, the terms of this Agreement shall govern. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date and year first set forth above. “Town”“Contractor” TOWN OF FOUNTAIN HILLS, an Arizona J2 ENGINEERING AND municipal corporation ENVIRONMENTAL DESIGN, L.L.C., an Arizona limited liability company By: W. J. Nichols, Mayor ATTEST: Name: T itle: Bevelyn J. Bender, Town Clerk 9196.009\J2-Central Trailhead.agt.doc 7.13.2005-1 9 (ACKNOWLEDGEMENTS) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on , 2005, by as of J2 ENGINEERING AND ENVIRONMENTAL DESIGN, L.L.C., an Arizona limited liability company, on behalf of such limited liability company. Notary Public in and for the State of Arizona My Commission Expires: STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on , 2005, by W.J. Nichols, the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, on behalf of the Town of Fountain Hills. Notary Public in and for the State of Arizona My Commission Expires: 9196.009\J2-Central Trailhead.agt.doc 7.13.2005-1 10 EXHIBIT A TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND J2 ENGINEERING AND ENVIRONMENTAL DESIGN, L.L.C. [Consultant Proposal] See following pages. 9196.009\J2-Central Trailhead.agt.doc 7.13.2005-1 RESOLUTION NO. 2005-46 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED DEVELOPMENT AGREEMENT RELATING TO LOT 34, BLOCK 1, FINAL PLAT 506C AND THE ABUTTING PARCEL OF LAND TO THE WEST ENCOMPASSING APPROXIMATELY 27.5 ACRES OF LAND. WHEREAS, on July 7, 2005, the Mayor and Council of the Town of Fountain Hills approved a development agreement between the Town of Fountain Hills (the “Town”) and High Nob, L.L.C., (“High Nob”) pursuant to ARIZ. REV. STAT. § 9-500.05 (the “Agreement”), subject to modifications regarding the calculations for hillside disturbance associated with the development of the property; and WHEREAS, High Nob has completed the necessary modifications to the hillside disturbance calculations; and WHEREAS, the Town and High Nob desire to enter into an amended and restated development agreement, including the amended provisions relating the hillside disturbance calculations, to replace the Agreement; and WHEREAS, the amended and restated agreement is consistent with the Town’s adopted General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the amended and restated agreement is hereby approved in the form attached hereto as Exhibit A. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, August 4, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor Bevelyn J. Bender, Town Clerk 9196.001\. . \2005-42 High Nob.res2.doc 7.29.2005-1 REVIEWED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney 9196.001\. . \2005-42 High Nob.res2.doc 7.29.2005-1 EXHIBIT A TO RESOLUTION NO. 2005-46 9196.001\. . \2005-42 High Nob.res2.doc 7.29.2005-1 E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Agenda 8-4-05.doc Page 1 of 4 Last printed 7/29/2005 4:01 PM *8.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for the “Greatview Condominium, A Condominium”, a 4-unit condominium project located at 11420 Saguaro Blvd., aka Lot 6, Block 2, Final Plat 201. Case #S2005-13. *9.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for “Twin Hawk Condominiums”, a 2-unit condominium project located at 16811 E. Hawk Drive aka Lot 2, Lot 2, Block 1, Final Plat 201-A. Case #S2005-08. *10.) CONSIDERATION of the PRELIMINARY AND FINAL PLAT for “Ivory Professional Building, A Condominium”, a 4-unit commercial condominium project located at 15024 Ivory Drive aka Lot 24, Block 1, Final Plat 106. Case #S2004-30 *11.) CONSIDERATION of terminating the Town’s legal services agreement with Jorden Bishoff McGuire & Hiser, P.L.C. and authorizing the Town Manager to execute an engagement letter with Gust Rosenfeld, P.L.C. *12.) CONSIDERATION of approving a PROFESSIONAL SERVICES AGREEMENT with J2 Engineering and Environmental Design, L.L.C., in the amount of $92,000, for the design and architectural plans for the Central Trailhead project. REGULAR AGENDA 13.) CONSIDERATION of approving a $2,500 donation to the 911 Memorial fund. 14.) PUBLIC HEARING to receive comment on ORDINANCE 05-06, which is a text amendment to the Zoning Ordinance, modifying the 200 foot building length limitation in Multi-family Zoning Districts. Case #Z2005-01. 15.) CONSIDERATION of ORDINANCE 05-06, amending the Town of Fountain Hills Zoning Ordinance, modifying the 200-FOOT BUILDING LENGTH LIMITATION in Multi-family Zoning Districts. Case #Z2005-01 16.) CONSIDERATION of RESOLUTION 2005-46, amending the DEVELOPMENT AGREEMENT is with High Nob, L.L.C., for “High Nob Acres”, a proposed 27.5 acre, 11-lot single family residential subdivision located on Lot 34, Block 1, Final Plat 506-C, and the abutting unplatted parcel of land to the west of Lot 34. 17.) CONSIDERATION of the PRELIMINARY PLAT for “High Nob Acres”, a proposed 11-lot single-family residential subdivision located on Lot 34, Block 1, Final Plat 506-C, and the abutting unplatted parcel of land to the west of Lot 34. Case#S2004-22 18.) STAFF REPORT with possible direction to staff regarding FRACTIONAL OWNERSHIP AND TIMESHARES. 19.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths, weaknesses, and discuss possible improvements for future meetings. 20.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. None 21.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 22.) ADJOURNMENT. DATED this 29th day of July, 2005. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk’s office. E:\Clerk\AGENDAS\REGULAR\2005\Web Agendas\Agenda 8-4-05.doc Page 2 of 4 Last printed 7/29/2005 4:01 PM