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HomeMy WebLinkAbout2001.0315.TCREM.Packet (be NOTICE OF REGULAR AND EXECUTIVE SESSION OF THE 11.-7(an). �'C 19s9 • FOUNTAIN HILLS TOWN COUNCIL '14fat is Ate"" Mayor Morgan Councilman McNeill Councilwoman Hutcheson Vice Mayor Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, MARCH 15, 2001 TIME: 5:30 P.M. (THE COUNCIL WILL BE IN EXECUTIVE SESSION FROM 5:30 P.M. TO 6:30 P.M. THE REGULAR SESSION WILL BEGIN PROMPTLY AT 6:30 P.M.) WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B RULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 It is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please adhere to the following rules of order if you wish to speak: 1.) All citizens wishing to speak must first be recognized by the Mayor. 2.) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has had adequate opportunity to discuss the item. 3.) Please stand,approach the microphone and state your name and address after being called on to speak. 4.) All comments must be directed to the Mayor. 5.) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM. 6.) Statements should not be repetitive. 7.) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting. • CALL TO ORDER—Mayor Morgan • ROLL CALL 1.) Pursuant to A.R.S. §38-431.03.A.4 AND A.R.S. 38-431.03.A.3, VOTE TO GO INTO EXECUTIVE SESSION for: discussion or consultation with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation(condemnation action-Town of Fountain Hills v. MCO Properties); AND to obtain advice from its attorney regarding the legality of the use of development agreements for sings in the public right-of-way(Crestview);respectively. 2.) RETURN TO REGULAR SESSION Town Council Meeting Agenda Regular Session March 15,2001 • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG • INVOCATION—Pastor Scott Van Lanken—Fountain Hills Assembly of God Church • ROLL CALL Consent Agenda: All items listed with an asterisk(*)are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda,they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent Agenda and considered in its normal sequence on the agenda. *1.) Consideration of APPROVING THE MEETING MINUTES of March 1,2001. *2.) Consideration of the EXTENSION OF PREMISES/PATIO PERMIT APPLICATION submitted by Kenneth Bowman of the American Legion Post 58 located at 16850 East Avenue of the Fountains. The applicant is asking to temporarily extend their "Club" liquor license #14073009 to an enclosed patio area adjacent to the facility on Saturday,March 17,2001 for St.Patrick's Day. *3.) Consideration of the SPECIAL EVENT REQUEST submitted by Josh Griggs of the Perimeter Bicycling Association of America for the El Tour De Phoenix, a 70 and 25-mile cycling event to be held on April 7, 2001. The annual event, held to raise funds for the Leukemia and Lymphoma Society, will only pass through Fountain Hills via Shea Boulevard. No street closures will be required. *4.) Consideration of an AMENDED INTERGOVERNMENTAL AGREEMENT with Maricopa County Library District for expanded library services in the new library. After the Council approved the IGA on January 4, 2001, County personnel discovered that a standard section of the document had been inadvertently deleted and requested Council approval of a corrected version of the agreement. *5.) Consideration of AWARDING THE BID to AJP Electric, Inc. in the amount of $57,200 for the emergency power generator installation in Building B. This installation is the second and final phase of the UPS (uninterrupted power supply) installation project required to complete Building B's status as the Town's emergency operation center. *6.) Consideration of RESOLUTION 2001-11 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the northerly property line, retaining the southerly 20' of the northerly 10' public utility easement for existing and potential future utility boxes, of Plat 506-A, Block 3, Lot 29 (15835 Eagles Nest Drive) as recorded in Book 159 of Maps, Page 30 records of Maricopa County,Arizona. (Scott Rindal)EA00-29 *7.) Consideration of RESOLUTION 2001-12 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the easterly property line, retaining the southwesterly 20' of the easterly 10' public utility and drainage easements for existing and potential future utility boxes, of Plat 212, Block 14, Lot 23 (14405 Drury Lane) as recorded in Book 141 of Maps, Page 17 records of Maricopa County,Arizona. (William Barnett)EA00-36 *8.) Consideration of RESOLUTION 2001-13 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easement located along the southerly property line, retaining the southeasterly 20' of the southerly 10' public utility easement for existing and active sewerline, of Plat 212, Block 14, Lot 4 (16227 E. Montrose Drive) as recorded in Book 141 of Maps, Page 17 records of Maricopa County,Arizona. (Carl E. Rempel)EA01-02 *9.) Consideration of the RATIFICATION OF BID AWARD to LTC, Inc. in the amount of$28,281.15 for sediment removal from Fountain Park. Town of Fountain Hills Page 2 of 3 Last printed 03/14/01 1:24 PM Town Council Meeting Agenda Regular Session March 15,2001 *10.) Consideration of the FINAL REPLAT of Tract C, Tract N and Tract P Diamante Del Lago Final Plat, a tract boundary and Hillside Protection Easement adjustment; Case number S2000-042. (110, *11.) Consideration of the FINAL REPLAT of Lot 97 and Tract Q of Diamante Del Lago Final Plat, a common lot line adjustment; Case number S2000-043. *12.) Consideration of the FINAL REPLAT of Lots 32 & 33 of Diamante Del Lago Final Plat, a common lot line adjustment; Case number S2001-07. *13.) Consideration of the FINAL REPLAT of Fountain Hills Final Plat 601A, Block 3, Lots 15 & 16, a lot join project;Case number S2000-036. 14.) UPDATE on the Town's $2.1 million investment including a progress report on the Town's ongoing efforts to recover the funds. 15.) UPDATE on the Town's recent efforts to control air traffic over Fountain Hills and associated aircraft noise. 16.) Consideration of AWARDING THE BID for the site utility package for the new community center and library/museum project. The bids are due to be opened on March 15. 17.) Consideration of the FUNDING REQUEST for $210,000 submitted by the Fountain Hills Historical Society to purchase furnishings,fixtures and equipment for the new museum. 18.) DISCUSSION AND POSSIBLE ACTION REGARDING MONUMENT SIGNS for the Crestview Subdivision at Palisades and Shea. Discussion will include a possible amendment to the Development Agreement to allow for off premise monument signs. (iw, 19.) Consideration of AWARDING THE BID for the traffic signal to be located at Palisades Boulevard and Avenue of the Fountains. 20.) Consideration of Resolution 2001-14 supporting the Arizona Preserve Initiative grant application to obtain matching funds for the acquisition of a 1,276.02 acre portion of State Trust land abutting the northeastern border of the Town of Fountain Hills, lying within: Section 1,Lots 9 through 11, all of Section 2, and all of Section 3, with the exception of the 34.96 acre Fountain Hills Middle School site, T3N R6E; and the Town's intent to provide matching funds as appropriate. 21.) 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 but must be within the jurisdiction of the Council. All comment is"subject to reasonable time,space and manner restrictions"and the Council will not discuss or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public,individual Council members may respond to criticism,ask staff to review a matter or ask that a matter be put on a future agenda. 22.) ADJOURNMENT. DATED this 14th day of March,2001 CL44..4..t._' Cassie B. Hansen,Director of Administration/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- cw 8939(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 3 of 3 Last printed 03/14/01 1:24 PM MEMORANDUM TO: T E H NO LE MAYOR AND TOWN COUNCIL FROM: PAUIs N,TOWN MANAGER DATE: MAR' ,2001 RE: MANAGER'S REPORT FOR THE MARCH 15TH COUNCIL MEETING REMINDERS: Here's another reminder that Hyett Palma will be here on Wednesday, March 21st at 7:00 p.m. to report their findings in a public meeting. Please note that this meeting will be held in the High School Lecture Hall. I will be out of the office on Tuesday, March 20th, to assist the City of Surprise in their final interview process for an assistant city manager. As always, please see Sue or Cassie if you require assistance in my absence. CONSENT AGENDA: There are thirteen items on the consent agenda. Please review each item and contact me should you determine if any should be removed. AGENDA ITEM# 14 - PROGRESS REPORT ON THE TOWN'S $2.1 MILLION INVESTMENT: Bill Farrell and I will report on the progress on the Town's efforts to recover our funds. We have been in frequent communication with BNY representatives. They have sent another demand letter to Merrill Lynch (copy enclosed). We have also asked that they respond to our request for reimbursement from them by March 15th at 5:00 p.m. Their response, when received, will be shared with the Council at the March 15th meeting. No written report is enclosed. AGENDA ITEM# 15 - UPDATE ON AIR TRAFFIC FLIGHT PATTERNS AND AIRCRAFT NOISE: Scott Grey, City of Scottsdale's Airport Manager, will share information on the proposed "Northwest 2000 Plan", and explain their efforts in reducing, to the extent possible, aircraft noise over Scottsdale and Fountain Hills. Mr. Grey will provide a thorough review of the current Federal Aviation Agency proposal and the City of Scottsdale's alternative. Please refer to Jeff s enclosed report. AGENDA ITEM# 16 - BID AWARD FOR THE NEW COMMUNITY CENTER/LIBRARY MUSEUM SITE UTILITY PACKAGE : The bid opening for the site utility package is scheduled for March 15th. Council will receive a recommendation from staff at Thursday's meeting. AGENDA ITEM# 17 - FOUNTAIN HILLS HISTORICAL SOCIETY FUNDING REQUEST': The Historical Society is requesting that the Town provide $210,000 in assistance for museum displays, etc. This request has been communicated to the Council previously in two letters from Dr. Paul Kohlwaite. This item now comes in front of the Council for consideration. The fiscal issues concerning this item are as follows: There was no provision made for such a request in this budget year; however, the Town certainly has more than enough cash available to fund this request, and I can now project that we have sufficient expenditure limitation authority to make this expenditure. Our general fund reserves are certainly more than sufficient to accommodate this expenditure; in addition, the combination of current year's revenue and expenditures also provide sufficient funding for the expenditure. If it is the Council's desire to grant this request, I would ask that the Council give me discretion to decide from which fiscal year (this or next) these funds would be distributed. This would provide me with the necessary flexibility in case any unforeseen circumstances arise in the next (16, few months. It will also allow me flexibility in working with the Historical Society representatives in fulfilling their grand opening timetable. Dr. Kohlwaite will be available to answer any questions you may have. AGENDA ITEM# 18 -BID AWARD FOR TRAFFIC SIGNAL AT PALISADES BLVD.AND AVENUE OF THE FOUNTAINS: We received five bids on February 22nd for the traffic/fire signal project at Palisades Blvd. and the Avenue of the Fountains. Staff recommends awarding the work to the Contractor's West, Inc., the low bidder, in the amount of $105,635. This amount is less than the engineer's estimate and less than what was budgeted. Randy's memo is attached. AGENDA ITEM# 19 - RESOLUTION 2001-14/CONSIDERATION OF STATE LAND ACQUISITON PROCESS: We presently have an opportunity to apply for Arizona Preserve Initiative funding to aid in the purchase of the two sections of State land lying north of our community that have been designated as "eligible for preservation" under the provisions of the API Act. The enclosed resolution, if approved, would state the Town's willingness to accept this grant money, and to provide the required matching funds. We have not yet (11w. secured an agreement from the Fort McDowell community; however, the grant Town Manager's Report March 15,2001 Council Meeting Page 2 of 3 deadline is upon us, and we believe that we should go forward with the grant request. I am hopeful that if we obtain the grant funding, that this would be another incentive for our native American neighbors to join with us. We are also aware that there is a large amount of grant money available this year, and that there will be few applications submitted. Ideally, we would have our matching funds in place when we would make such an application; however, we believe that the timing of this request is excellent, specifically because of the large amount of dollars presently available. We sincerely believe, in this case, the old saying, "It doesn't hurt to ask", is true. Approval is recommended. Please refer to Jesse's enclosed report. (11w Town Manager's Report March 15,2001 Council Meeting Page 3 of 3 March 14,2001 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL • From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION 1)-1`" Date: 03/14/01 Re: CHANGES TO THE 3/15/01 COUNCIL AGENDA In this mini-packet, you will find a revised, "colorful" agenda and some additional documentation for to ' ,A0,4419 Meeting. The changes include the following: ADDITION OF rAN EXECUTIVE SESSION AT 5:30 P.M. Noe e Bill =has added Ran""executive sessio to discuss the condemnation�n � � � � � o and Crestview issues and has 4tprepared a memo�on fi»he latter. tux & F t e wxw ¢.a; wx 4.):& .;. fmr,4 . ».» ....µ,.,me. .a, ,° d -W.-•......._ ' ab; y . 'NEW AGENxDA ITEM18 /rMONUMENT SIGNS FOR THE CRESTVIEW SUBDIVISION .This item was'kadded to,the agenda.: r a �AGENDA ITEM 13' FINAL REPLAT FOR A LOT JOIN Dana has supplied the staff report missing from the packet on Friday. NNW Page 1 of 1 Updated Agenda Items 3/15/01 Last printed 03/14/01 1:24 PM 03/14/01 March 9, 2001 Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL N.AA1`) From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION Date: 03/09/01 Re: AGENDA ITEM #2—AMERICAN LEGION EXTENSION OF PREMISE AGENDA ITEM #3 — EL TOUR DE PHOENIX SPECIAL EVENT REQUEST AGENDA ITEM #4—AMENDED IGA WITH THE COUNTY FOR THE LIBRARY AGENDA ITEM #5— BID AWARD FOR THE UPS IN BUILDING B AGENDA ITEM #2—AMERICAN LEGION EXTENSION OF PREMISE/PATIO PERMIT Kenneth Bowman has submitted an extension of premise/patio application for the American Legion 58 located at 16850 E. Avenue of the Fountains for St. Patrick's Day, Saturday, March 17, 2001. • • extend the American Legion's Class 14 (club) license to the courtyard - the north side of the building. This is the same area used for al an 6-41i;' l The a! l• ��,.�M �,t = - •f premise allows liquor sales to members and guests only. Two i • . e attached floor Ian that will confine alcohol to the permitted Ke rtil ez h". - red the request and forwarded a favorable recommendation. ,;(k.1,.use see the attached;,memo1fro .Ken.) Staff recommends approval. .. �w � ✓ .... .:$ •4� `e fix o �� ;„. V .PHOENIX SPECIAL EVENT: Josh r g Association of. America has submitted the request for the 1 annual A Tour de Phoer x, {o and 25-mile bicycling event. It is scheduled for Saturday, ril 041 om 7: 0 �n - :30 p.m. The event only "passes through" Fountain Hills, ii � • d to the Beeline Highway. The event will require no local law en r - eel the event coordinators use MCSO officers and surrounding area police a n will be closed. Event coordinators have requested that a certificate of insurance be forwarded to the Town prior to the event. Sgt. Martinez has reviewed the request and forwarded a favorable recommendation. (Please see the attached memo from Ken.) Staff recommends approval. (kw Page 1 of 2 Agenda Items 3/15/01 Last printed 03/09/01 2:25 PM 03/09/01 March 9,2001 (111w AGENDA ITEM #4—AMENDED IGA WITH MARICOPA COUNTY FOR THE LIBRARY: The Council approved the IGA with Maricopa County for extended library services on January 4, 2001. During a subsequent discussion with County personnel regarding the purchase of computers, they discovered that they had inadvertently deleted language from the IGA that specifically dealt with furniture and fixture issues. The approved agreement gave the Library District the responsibility of maintaining, repairing and replacing furnishings and equipment that they did not own. In order for them to assume that fiscal responsibility, ownership of the furniture and fixtures needs to transfer to the District on opening day. Library District Director Harry Courtright and members of his staff came out to Fountain Hills and met with administrative staff and Bill Farrell to discuss the language that they needed to reinsert into the agreement. It was suggested that the Council adopt the IGA in its entirety with the amended language. A copy of the redline version is enclosed to clearly show where the changes were made. The revised agreement was reviewed by Accounting Supervisor Julie Ghetti, Risk Manager Wally Hudson and Bill Farrell. In addition to the language added by the County designated by underlined text, there are three additions made by Wally dealing with insurance and liability issues that appear in bold, italicized, underlined text. Mr. Farrell has provided a memo clarifying the need and legality of ownership transfer. If you have any questions regarding the amended IGA, please feel free to contact Bill, Julie or me. 4/60, AGENDA ITEM #5— BID AWARD FOR THE UPS IN BUILDING B At the March 1 meeting, the Council approved the bid to install the new electrical panel in Building B. This was the first phase of the project to install the uninterrupted power supply (UPS) in Building B and complete the requirements for the emergency operations center. Bids were just received for the second and final phase of the project. Following a few moments of trepidation due to reports that the California energy crisis was causing a run on large generators, Facility Supervisor Don Thumith was pleased to report that the project will be under budget. Phase two will include the installation of the power supply equipment, specialized pad, conduit and screening wall. AJP Electric, Inc. was the low bidder. Please see the attached memo from Don. Staff recommends awarding the UPS bid to AJP Electric, Inc. in the amount of$57,200. Page 2 of 2 Agenda Items 3/15/01 Last printed 03/09/01 2:28 PM 03/09/01 (600, Fountain Hills Marshals Department Memorandum To: Cassie Hansen, Director of Administration From: Sgt. Ken Martinez Subject: Special Event Liquor License—American Legion Date: 03/06/01 The purpose of this memorandum is to endorse the attached special event liquor license submitted by the American Legion Post of Fountain Hills. It is my understanding that this item will go before the Council on March 15t. The American Legion has a valid class 14 liquor license for 16850 Ave of the Fountains. A class 14-license holder may be granted up to ten extension of premise/patio permits per year. The application submitted shows a fenced area in the rear parking lot with security to control the two egress/ingress points. Security will conduct identification checks and beverage control. I am recommending approval of the American Legion's special event liquor license for March 17t 2001. Sgt. Ken Martinez Acting Marshal L ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Ky; �� 400 W Congress#150 (so Phoenix AZ 85007-2934 Y �, Tucson AZ 85701-1352 ti :rrit" (602) 542-5141 (520) 628-6595 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT 5 r: Pf4-7s 0 Permanent change of area of service 13, Temporary change for date(s)of: `/ 7 65 / L't i- t NG F U '/u 1. Owner or Agent's Name: B 06070 #A/ 1 AM/CIO E Last First Middle 2. Mailing Address: /70 5 3 C 4 LC r:- D E O F /-v I1 A 'y 5T City State Zip 3. Business Name: 4 ,fZ [C A ti /-E 6 I o!✓ e'5 T -;FC LICENSE#: 73c--e) ? 4. Business Address: /68150 r- t e F 1/"5 11 Iv J it(- .tip A (CO/0A- A F City COUNTY State Zip 5. Business Phone:( di gfre ) 0 3 2 E Residence Phone:( 1 f 0-C ) 3?— 6. Are you familiar with Arizona Liquor Laws and Regulations? $-YES ❑ NO 7. What security precautions will be taken to prevent liquor violations in the extended area? /p C 6' IC 4 4 E 4C a CEO ��✓� �� ,¢Y )3 c// zp-e/f 5 o.-c/ A .v( 8. Does this extension bring your premises within 300 feet of a church or school? ❑ YES NO 9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. ****After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or Designate for their recommendation. Thi ge in premise LIIRECOMMENDED by the local Board of Supervisors,City Council or Designate: cner 01,`-' C--otkre-t:/( (Authorized S1gnat ) (Title) (Agency) I, f?E,'viv' H E . 13 0 /1 it/ ,being first duly sworn upon oath,hereby depose,swear and declare,under (Print full name) penalty of perjury,that I am the APPLICANT making foregoing application and that the application has been read and that the contents there d all statements contained therein are true,correct and complete. X /. g - SUBSCRIBED IN MY PRESENCE AND SWORN TO before me (Signature of Owner or Agent this day of Ye.446/21.1404../ "OFFICIAL SEAL" Day of Month Month Year VirginiaLaPentaft, Notary Public-Arizona . .My commissio►v- � , -�� ericl, My Commission Expires 12/11/2001 (Signature of NOTARY PUBLIC) nvestigation Recommen�. on: Date: Licensing Approval: Date: *Disabled individuals requiring special accommodation,please call the Department. LIC0105 11/97 EXTENSION 1„,.--' . . .1 ..,i:;.2.,. /1 A I L. :r,F<.,,.IZ L • v f• NOTE: ia- SECURITY RDSI1'IOUS L/ �� - -• : -rEktf�RARY (31 RR/E1 1 q 16 N , ----1 . . Aiffbia - , ..f.,:c 0%2 1 (7 NT , . 4 • - PARKi11G Lor — 1 S- ---+---10' ---- -41---- -3 5 ' ---- r - ------.-- SIDEWALK •- - ---------- _ M EM S gAR RESTROOV 0 ... SERvIuc, AREA 1 , ` r '__- - R. - O 00�)( , 0 O l AMERIC/ LEGIOhl I3u1 Lbw E,- n I ` IbBSO E.avEc,FTOE POUR/T/ 1•I b K-loa. 1 RI WOMES --a ; ' (APPRDY. P,no'SQ.r-r.) -' R ESTP,oOM �� e II L\ t4 • f z r o d - -1_, , E#7--/ rn - fi� w IL Yi' , c) r,.+h hi -4(\ . - -• lL1 Z 2 ,••I(9.1' AMERICAN LEGION II POST#58 it\- FOUNTAIN HILLS, ARIZONA (iw cr. •,�<eGt�t,,�� 16850 Avcnuc of the Fountains "1111* (602)837-5958 TO WHOM IT MAY CONCERN. The following businesses located at 16850 Ave of the Fountains have no objections to the American Legion being granted an extension of premises for a special event on the following dates: 3 / 7//, SHEAR POINT HAIR DESIGN TIME C DESIGN L Fountain Hills Marshals Department Memorandum To: Cassie Hansen, Director of Administration From: Sgt. Ken Martinez Subject: Special Event Request—Perimeter Bicycling Assoc./El Tour de Phoenix Date: 03/06/01 The purpose of this memorandum is to endorse the attached special event request for Perimeter Bicycling Association of America/E1 Tour de Phoenix. It is my understanding that this item will go before the Council on March 15th. The Tour De Phoenix Bike Race will be held on April 7th 2001. The race starts and ends in Mesa. The racers will enter Fountain Hills on Shea at the Scottsdale border and then travel eastbound on Shea to the Beeline Highway SR87. The race will not require any street closures, traffic detours or the use of any town equipment/personnel. The Perimeter Bicycling Assoc. has contacted several surrounding police agencies for traffic services. I am recommending approval of the Perimeter Bicycling Association of America's El Tour de Phoenix bike race for April 7th 2001. Sgt. Ken Martinez Acting Marshal L c=3A''A El Tour de Phoenix Perimeter Bicycling Association of America, Inc. (PBAA) t_j/6-��G A 501 c (3) non-profit, tax-exempt organization "cycling in pursuit of cause , ARIZONA(kW 2609 East Broadway • Tucson,AZ 85716jj = J. (520)745-2033 February, 2000 // = Town of Fountain Hills ; ''`i t' Beverlyn Benders Office of the Town Clerk ,iL F_J,. 16836 East Palisades Blvd. - - EL TOUR DE PHOENIX Re: Seeking a permit for cycling event, El Tour De Phoenix, scheduled for Saturday, April 7, 2001. Enclosed is the following information: (1) Special Event Application (2) Map of Route (3) 2001 Traffic Plan Information This is the l Oth Annual El Tour De Phoenix and for the last 9 years this event has started and finished at Fitch Park in Mesa. The proceeds from this year's event go to The Leukemia& Lymphoma Society and PBAA. (Ow Presently, our organization is working with all the different police agencies, to organize and coordinate all traffic plans and police support for ride day,April 7th. We are coordinating our event with, DPS City of Mesa Police, City of Scottsdale Police, Maricopa County Sheriffs, Salt River Pima-Maricopa Indian Community and Tonto National Forest Service. In addition we will have cones along Beeline & Bush Hwys, as well as barricades, cones, signs, etc.. In Mesa along start/finish area at Fitch Park and wherever else required. We have requested a Certificate of Insurance with a$2 million liability limit. As soon as our office receives it from our insurance company, we will send you a copy. If you require any other information,please call me at (520) 745-2033 in Tucson,AZ. Thank you for your cooperation. Sinttr � • Jo Griggs Permit Coordinator cc: Jason Kornetsky Richard DeBernardis `l�® of a:D=tom I n 1 z F RECEIVED 4 *tnr �4 Special Event Request maz�� FEe � 6 200 T FOUNTAIN HiLLs TOWN ciztik Name of Event Coordinator Josh Griggs Permit Coordinator Address: 2609 E Broadway Tucson, AZ 85716 Telephone: (residence) (business) (5 2 0 ) 7 4 5-2 08 3 If the event is designed to be held on behalf of any person other than the applicant,the applicant shall supply wr1ttert authorization from the organization sponsoring the event,dated not more than 90 days before the application,authorizing the applicant to apply for the permit on the sponsor's behalf. Perimeter Bicycling Association Name of Organization•o f America (PBAA) Telephone: ( S 2 n )7 4 c-7 n-4 3 Address of Headquarters 2 6 0 9 E. B ro a dwa v Tu _ nn n g 5 71 6 Description of Event 70 mile bicycling event around the perimeter of "Red Mount Purpose of Event: •na far acau�c� Prn[�c�cccrl �n to T r�nkmi n r 410, a Societ Location of Event:_ Start/Finish in Fitch/Park in Mesa Etna PBAA • (Attach map or diagram of area to be used for event) Date of Event: 4/7/01 Beginning7 Time: am Ending Time: ...-11_10 What portion of the roadway, if any, will the event occupy right shoulder df Shea and Beeline Hwy.• Estimated number of persons, vehicles (and types, i.e. cars, trucks), animals, etc. participating: ahnnt ann Do you you anticipate a need for the Town to provide any of the following: Please Note The Town Marshal(or designated official)may establish requirements that may include (but are not limited to)personnel for emergency,traffic and crowd control,traffic control devices,and other services and equipment deemed necessary for the protection of event attendees as well as the community as a whole. Personnel- We are working with police agencies Supplies and Services: Vehicles and Other Equipment• 10th Annual !.. ' .' .. Saturday, April 7, 2001 (kw r . C's T' 40...r de , p ,, , : , , , . i k _ , , .7, It-tiv,- s , . , sis, t. , , 0 tit I ti- 1 - ,a I) .:; .,....., ..... ...„,„ ., .., ., , . •••••••••••••• •• •••••• CLOCKWISE DIRECTION ••• •••• ••••••••• • • • .. .� so n Shea Blvd El ja-Mas R uteO Beeine Highway 87 N Shea CO MIL t -0 0 cc 0 V, 1, Fitch Park(8th Street) _ 0 70-MILE START Fli Saguaro Lake Er CC FINISH LINE FOR ALL EVENTS - a 4- 4 Bush fghr --,; a o0 ( C11 u a o CD McDowell Road Da 0 = Brown 25- MILE START DC 61 o H Rest area on McKellips Road ' 8th Street Bush Hwy.,1.7 miles i _ south of Sahuaro Lake University Drive turnoff L, - Main street � p I, S lion Freeway60 Zo 1 D V Holiday law i Hotel & Suites STARTING TIMES ) c l600 S Country aid;Drive u Mesa,Arizona 70-MILE START-7:00 a.m. Start Lines for each event MEN Route 25-MILE START-9:30 a.m. Route runs clockwise:mile - markers indicate distance to finish line These events finish at Fitch Park at O Route/Aid Stations Map not to scale 8th Street Entrance ROUTE/AID STATIONS 1)Hayden Rd.at Indian Bend 3)On Beeline Hwy.at Tonto Na- 5)Four way stop sign at Bush Hwy. Wash Park tional Forest sign and Usery Pass Road 2)110th Str,and Shea Blvd.for Corner of Beeline 4) Hwy.and Bush 6)On Bush Hwy.top of Spook Hill j 70 mile cyclists Hwy. 7)Corner of Lindsey 4 Mcbowell 1 Rd(Northwest corner)- -. ---- PARKlNG 70-Mile Start-There are three parking areas.All of them are within easy walking distance of the Start/Finish area 1)Fitch Park South Parking Lot- 2) Eisenhower School on Mesa Drive just (.....„ Take Center to 6th Place(just South of the Park) North of 8th Street. Parking lot is on the South side of the street.(do not pork in the City of Mesa Communications bepartment 3)City of Mesa Electric bepartment on Mesa lot or in the Cubs parking lot) brive just south of 8th Street. El Tour de Phoenix Perimeter Bicycling Association of America, Inc. (PBAA) A 501 c(3)non-profit,tax-exempt organization "cycling in pursuit of cause" ‘1W. 2609 Fast Broadway♦ Tucson,AZ 85716 (520)745-2033 Traffic Plan Information The traffic plan for El Tour de Phoenix will consist of the following:- (1) Sheriff deputies at major intersections and other appropriate intersections. (2) City or Town police to assist in regulating traffic in their jurisdiction. (3) Barricades to be placed at the start/finish line (Fitch Park, Mesa)to prohibit traffic in the area. (4) Staff, Amateuar radio operators and PBAA bike patrol, will patrol entire route. (5) Department of public safety to regulate their jurisdiction. See route map for more information. Sin el Z-6 J sh Griggs Permit Coordinator cc: Richard DeBernardis, Event Director Jason Kornetsky, Route Director Bill Hunt, Event Director • E-Mail:pbaa(cr�,dakotacom.net—Fax(520)745-1992—www.pbaa.com • • • "Bicycling in pursuit Beaefbs The Leukemia&LymphomaSoefety&PBAA �1,y of fighting blood-related s cancers for The Leukemia Perimeter Bicycling Association of America,Inc.(PBAA)is a non-profit organization with a 4' 4,6 44, &Lymphoma Society" 501(cx3)tax exempt Pstatus. Contributions raised in El Tour de Phoenix arc tax-deductible donations to '4A t• proceeds Bo to The Leukemia&lymphoma Society. 'fig co • • •:of� Hotel: r�� ___ - 1OTHELTOUR de Phoenix - , • ' �' ...' SATURDAY, APRIL 7, 2001 Holiday Inn • Hotel&sores _ I 7:. 70 or 25 Mlles Around Perimeter of Red Mountain I Mesa,AZ A6 fees and collected contributions ere roads payable to PIMA. Bend this fora vrMh a 616 Precessb0 Fee to PA. Mar March 30,2001(4 miles from a let fee of$10.00 must to included with alapple/moos. m fees and contributions must be tumid In on or before Aprile,2001. Processin,ent star•t/fial,h lime) /1. and late foes are not tax-deductible. Coated contributions to PBM or The Leukemia S Lymphoma Societyare tax-doduotlbls donations(as slows by the I.R.B.) Sgl/Dbl$79.00+taz . .,- Name Sex___ Home Phone Suites 599.00+tax : ,- , (/*:• Address Birthdate/ /Work Phone Ask for special �� City State_Zip Occupation EL Tour rates --_ �'+ Erna!Address Shirt�Shes-Check one: (480-964-7000) ;,i = ill _ ; Event Registering for: Chock any that apply M s M L I O. 1' ` f\� ❑ 70 MllesRiding a 0Nand Cycle❑Mountain Bike❑Recumbent Youth Adula 0 Riding a Tandem(separate fees for each rider) 0 25 Milos 0 I want to become a PBM Member • ( EL TOUR CONQUISTADOR ) i„ ❑I want to be the highest money raiser I P-1 ' _ i`l _I+—"C__,lr- _I_ _`A Raise$500 or more in contributions for The Leukemia& I FEES CHART(rus a RIDERS'PS ARE NOT TRANSFERABLE-AND NO REFUNDS) Lymphoma Society and receive El Tour special trophy "EL TOUR CONQUISTADOR" TE FEES:S10 Late Fee Required on all new applicadons received after March 30th for 70 Mlle&25 Mlle Events. design hand-made, 16"lly meWa this bicycle by sculpture oni with a stone from base B sloes. 14,,H44Y, '.;, .i .uy y.i9, ;IV,• Y`' ,,Wei Cit''w4+,.ri;-`t..,: v."g; ��.f rill - i r:Oa.." ;I' oO 00•",,t •,t',s� - ' ADULT EVENT FEES(70 Miles&2S Miles EVENTS) Prop. Entry Late Contribu• Total ' \ Fee Fee Foe Lions Enclosed PRIZE aregift CERTIFICATES: ❑ I will pay a S35 Entry Fee and$15 Processing Fee to PBAA(not tax- Prize Certificates are gift(i.e.,certibites%s,clo can be redeemed for deductible)plus■tax-deductible Contribution al ti5 or more to PBM..and merciiandse or services(i.e.,bicycles,cbthinp,food,art:)at any of PBAA's Information&Redemption cedars around Me comity. receive entry,event benefits and poster.I understand I will not receive $15+ $35 + + a Cyclists collecting$100or more mashie two-Prize Certificates for a t-shirt. every$10 collected each Prize Certificate hes a vekraof$1,00. Prize Certificates ell be issued es soon as se receive$100 in corttribu. ❑I will pay a$45 Entry Fee and$15 Processing Fee to PBM(not W- ails. Al.conbibidian must be In by Friday.April 6 to be elglWs. HEST MONEY RAISER: deductible) lus a tax-deductible Contribution $5 or more to PBM..and 515+ + $45 • receive an event t-shirt as well as entry,event benefits and poster. ElI will urn FREE ENTRY by collecting $100 or more in tax-deductible — — Receives the Treasure Chest with over $1,000 worth of gifts and contributions to PBM,plus pay a$15 Processing Fee(not tax-deductible) services (min $1,000 raised to qualify). too PBM plus receiveax of ve TWO Prize Certificates for every$10 collected,as well as FREE ENTRY,t-shirt,event benefits and poster. i15+FREE+ ++ a EVENT BENEFITS: 0 I will earn an EL TOUR CONQUISTADOR by collecting$500 or more in tax •Medallions to all finishers •Routs Map deductible contributions to PBAA,plus pay a$15 Processing Fee(not tax- •Refreshments(food& • Poster deductible) to PBAA...and receive an El Tour Conquistador and Prize $15+ppeE+ + a water)at all aid stations •Official Results printed Certificates,as well as FREE ENTRY,t-shirt,event benefits and poster. •Polio*Support in Tall Winds and mailed •Medical Support to all participants KIDS 14&UNDER FEES(70 Mile&25 Mlle EVENTS) •SAG Wagon Support •...Possibility of Much More •Subscription to Till Winds ❑ I will pay a$15 Processing Fee to PBM(not tax-deductlble)...and receive Fres Entry,event benefits and poster. I understand I will not receive a t-shirt t 1s +FREE + + ■ STARTING TiMES&LOCATIONS: 70 Mile Event 7:00am Fitch Park-Musa,Arizona deductible)I will pay a$15 Processing Fee plus a$10 Entry Fee to PBM(not tax deductible)...and receive an event t-shirt as well as entry,event benefits and 25 Milo Event 9:30am Rest Aresposter.on Bush Hey-1.7 miles poster. i1— — 6 4, ti10 + + ■ south of Sebum Lake turnoff ❑ I will earn FREE ENTRY by collecting$30 or more in tax-deductible contribu- AI Events finish et Fitch Park-Mesa,Mons tions to PBM...and receive TWO Prize Certificates for every$10 collected, Nona♦FREE♦ • ■ as well as FREE ENTRY,t-ehlrt,event benefits and poster. WHO CAN RIDE: . Bkyclsts of al levels and ages. Cyclists 14 and under neat qualify. Contact Event Headquarters(520) 745-2033 for RIDER WAIVER FORM: All Riders Must Road and Sign This Form qualifications rules. As a participant In©Tour de Phoenix.I must obey al laws of the Slate of Mons which may apply to my activities during tie went, especially traffic laws. AI traffic signals,devices,and other traffic rules apply to me during tits event Unless instructed to the contrary DEADLINE: by a law enforcement official,I must comply with al traffic regulations. El Tour de Phoenix finishes at 3:00 p.m.on ride day,and Absolutely no registration after apm Friday,Aprti e,2001 al course support eft be closed.In signing Ills waiver I agree to be totaly responsible for my own safety and support after 3:00 p.m. In consideration of my signing Ws agreement,I,the undersigned,intending to be Isgaly bound,hereby,for myself,my heirs,executors and administrators,waive and release any and al rights and claims for damages, Including,but rot Incited to the loss of my bicycle, PACKET PICK-UP: helmet or any other personal Items,I may have against the State of Arizona,Mtzona Department of Transportation,Arizona Department of Pottle Safety,City of Scaeadsle,City of Mesa,City of Fountain Hils,The Leukemia&Lymphoma Society,Salt River Plms-Maricopa FridayMes April 6,2001 eosin-8 AZ Indian Coimisity,Marlcope Cotunty,Mesa Convention&Visitors Bureau,Perimeter Bicycling Association of America Inc.,SUPERGO Pm BIKE SHOPS any and at governme tsl and tribal agencies,and any and al sponsors and their representatives,successors,and assigns Mesa -Holiday but ,1, _•- for any and al ire.ies suffered by me as a result of taking part in Ibis bicyc:ng event and any related activities. I attut that I will participate Country Club&Hwy 60 : :, '1(:►G ' in this event as a bicyclng entrant I will wear an ANSI/SNELL-approved bicycle helmet that I am physicay fit and haw sufficiently 480-964-7000 140 trained for the completion of this event and that my physical coition has been verified by a lc-lensed medical doctor. Furtive,I hereby AWARDS: Oympialke medallions to al 70-Mlle finishers. ocant ful f this eve fors an to pitlmn and pirpos the egos to use any photographs,videotapes,motion pictuss,recordings,or any other record I understand al fees and collected contribution are not refundable and not transferable. Rider Numbers are also not transferable. Medallion Men Women Rider's Signature keyculleA Membere Platinum ruttier 3 lira Women 31n ins Yes .❑No Geld under 4 ins under 4v2 ins Parent/Guardian(V rider is under 16) Sliver under 0 inn udder 01/2 irs Upon receipt of this form a a minimum payment of the 516 Processing Fee,PBAA will send you en Acceptance Latter a Event tnfomwtloo— Brenze under 6 ins under 8 Ins L please allow two weeks. MAIL TO:PBM,2609 E Broadwa Blvd,Tucson,Arizona 85716 Code 15 Special Gold Medallions to ail 25 Mile finishers. Webslto:www.•baa,com • E-Mail:pbaa•••akotacom.n•t • Fes:(620)746.19112 SANCTIONED BY THE PERIMETER BICYCLING ASSOCIATION OF AMERICA, INC. (PBAA) (520) 745-2033 Special Event Request Page 2 of 2 LIABILITY RELEASE AND INDEMNIFICATION AGREEMENT AND AGREEMENT TO FURNISH INSURANCE As a condition to, and in consideration of the issuance of this requested permit, the applicant hereby agrees to procure and maintain insurance coverage protecting all aspects of activities involved in the permit. Such insurance shall cover public liability and property damage, including product liability if applicable,and shall include coverage for owned and non-owned autos,for all claims for damages for personal injury or death and property damage arising out of the activities for which this permit is issued. Such insurance to be in limits of not less than $1,000,000 combined single limit personal injury and property damage. The certificate of insurance reflecting this coverage shall name the Town as an additional insured as respects this Special Event Permit. Z� 01 Signature`f Applicant or Agen Date o Appli lion /1 \ Name of Insurance Company.: C �'/.7/a'? & t^(' �` ` 7 C ' Y Policy#s /-'�>�-- 5 Policy Dates. *V' 7--:. a() / (ow (DO NOT WRITE BELOW THIS LINE - OFFI CE CE USE ONLY) Certificate of Insurance Filed: YES C/ NO Approval by Town Marsh • Date: 6 /.4; Comments: Notification of Local Fire Department: Date: Contact Name &Title: Arrangements Made: Notification of Sheriff's Department: Date: Contact Name & Title: Arrangements Made: Fin royal by T • Co ncil: ."7 `j '~ Title. Date: DATE ACORDJ CERTIFICATE OF LIABILITY INSURANCE 03/09/2001) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Haywood, Chapman + Kirby Insur ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 6006 Shull St. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR C362_806_2262 ll Gardens, CA 90201 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. l Gardens, CA 90201 F:562-806-2984 INSURERS AFFORDING COVER INSURED INSURER A: Commerce and Industry 4:#0:1- „4,,,,,,,,„ .,...?, \ BICYCLE RIDE DIRECTORS ASSOCIATION INSURER B: 755 N. LEAFWOOD INSURER C: \p BREA CA 92821- INSURER D: e TO,c.:. INSURER E: COVERAGES ' ..r :.,-� THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE IN b.#NOTWITHStANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS C T E Y B,E-ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCL( N' ANQ C<Th DITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. „may- • INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION .s LT DATE(MMIDD/YYI DATE(MM/DD/YYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 A ® COMMERCIAL GENERAL LIABILITY 281 5325 01/01/2001 01/01/2002 FIREDAMAGE(Anyonefire) $ 50,000 ❑ CLAIMS MADE ®,OCCUR MED EXP(Any one person) $ ❑ PERSONAL&ADV INJURY $ 2,000,000 ❑ GENERAL AGGREGATE $ 2,000,000 . GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 tit POLICY U--( JE ser l fl LOC AUTOMOBILE LIABILITY ANY COMBINED SINGLE LIMIT $ 2,000,000 A (Ea accident) ALLOWNEDAUTOS 281 5325 01/01/2001 01/01/2002 BODILY INJURY ❑ SCHEDULED AUTOS (Per person) $ ® HIRED AUTOS BODILY INJURY NINON-OWNED AUTOS (Per accident) $ ❑ PROPERTY DAMAGE $ ❑ (Per accident) GARAGE UABIUTY AUTO ONLY-EA ACCIDENT $ 0 ANY AUTO OTHER THAN EA ACC $ ❑ AUTO ONLY: AGG $ EXCESS LUIBIUTY EACH OCCURRENCE S ❑ OCCUR ❑ CLAIMS MADE AGGREGATE $ $ ❑ DEDUCTIBLE $ ❑ RETENTION $ $ WORKERS COMPENSATION AND ❑ WC STATU- ❑ OTH- EMPLOYERS'LIABILITY TORY LIMITS ER E.L.EACH ACCIDENT $ E.L.DISEASE-EA EMPLOYEE$ E.L.DISEASE-POLICY LIMIT $ • OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Additional Named Insured to read: Perimeter Bicycling Association of America Event: El Tour de Phoenix Event Date: April 7, 2001 • CERTIFICATE HOLDER IX] ADDITIONAL INSURED;INSURER LETTER: A CANCELLATION Town of Fountain Hills SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 010 DAYS WRITTEN Attn: Beverly Benders 16836 East Palasades Blvd. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER ITS AGENTS OR Fountain Hills AZ 85268- REPRESENTATIVES AUTHORIZED REPRESENTATIVE Z ACORD 25-S(7/97) • O ACORD CORPORATION 1988 Law Offices Of William E. Farrell, P.L.L.C. (100, Tel(480)837-5750 William E.Farrell Building A Fax(480)837-5805 16838 E.Palisades Blvd. Fountain Hills,AZ 85268 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farrell Town Attorney DATE: March 15, 2001 RE: Amended Intergovernmental Agreement Maricopa County Library District Consent Agenda L On your agenda for consideration as part of the package of consent items is an amended Intergovernmental Agreement between the Town of Fountain Hills and the Maricopa County Library District for expanded library services in the new building. You may recall that the Council previously authorized the execution of an Intergovernmental Agreement in which the Town committed to provide additional materials including fixtures and computers to assist the Maricopa County Library in offering more services to our residents. The previously approved Intergovernmental Agreement failed to include a provision that the County wanted regarding ownership of the equipment. Since that provision was excluded there certainly did not appear problem on the part of the Town. Once the County realized that error a new Intergovernmental Agreement was sent to the Town which contained some clauses that gave the Town some concern over the computer equipment that will be provided to the library. All of the interested stakeholders were assembled and Maricopa County in conjunction with the Town Staff has agreed on the language on the new and amended Intergovernmental Agreement and the expenditures have been approved by our bond counsel as being within the provisions of our bond covenant. L Memorandum Re: Amended Intergovernmental Agreement Maricopa County Library District Consent Agenda March 15, 2001 Page 2 It is therefore the recommendation of Town Staff and the Town Attorney that Council look with favor upon this Intergovernmental Agreement. Should you have any questions regarding the new Intergovernmental Agreement I would attempt to answer them prior to the Council meeting. Should you not be able to get a hold of me prior to the Council meeting then remove the item from the consent agenda and I will be more than happy to explain any items over which you might have a question. Respectfully submitted, ;21/itiewk*Ca Wil iam E. Farrell Town Attorney L Z:\WPDATA\FH\LibrarylGA-Meml.wpd (kir INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND THE TOWN OF FOUNTAIN HILLS, ARIZONA This Intergovernmental Agreement (Agreement) is made between the Maricopa County Library District, a political subdivision of the State of Arizona ("Library District") and the Town of Fountain Hills, Arizona, a municipal corporation ("Town"). RECITALS: The parties have the legal capacity to enter into this Intergovernmental Agreement pursuant to A.R.S. § 11-951, et seq. A.R.S. § 48-3901 provides for the establishment of a library district within Maricopa County and further provides that cities and towns within the County may elect to become a part of or to participate in said library district; and Town is a member of the Library District and currently owns a library facility for its (by residents which the District operates, and Town desires to expand and improve the library facilities available to its residents; and Participation by the Town with Library District in this project will provide expanded benefits to the Town and its residents such as: expanded public library service, specialized library programs, and other services which might not be available through the Town's existing library; and NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREINAFTER SET FORTH, the parties agree as follows: 1. General: 1.1. Term of Agreement. The term of this Agreement shall be for ten (10) years commencing on the date the Agreement is filed with the Maricopa County Recorder and subject to annual appropriations by each party to fund the Agreement. After the initial ten (10) year term, this Agreement may be renewed by the parties for additional five (5) year terms by mutual consent of the parties, on the same terms and conditions as set forth in this Agreement or as modified, in writing, and subject to annual appropriations to fund the Agreement. 1.2. Authorized Representatives. Within thirty (30) days after the effective date of this (tikv Agreement, Town and Library District shall each appoint an authorized representative to carry out the duties set forth in this Agreement delegated to such 1 (kiw authorized representatives. Either party may change the designation of its authorized representative by giving notice the other party pursuant to Paragraph 8.1 herein. 2. DEFINITIONS. 2.1. Opening of the Library and Opening Day. As used in this Agreement, "Opening of the Library" and "Opening Day" shall mean the date the Library is first opened to the public for the purpose of providing library services. 2.2. "Library" means 15,000 square foot area of the approximately 20,000 square foot building to be built in and owned by Town which houses the library materials collection for use by the public. 2.3. "Capital Improvements" means the permanent improvements to the library and any fixtures attached thereto. 2.4. "Library materials collection" means the books, magazines, audiovisual items and other materials which are used by the patrons. 2.5. "Contents of the library" means the furniture, shelving, equipment, library materials collection, computers and like items. (lbw 3 The TOWN shall: 3.1. Execute an Intergovernmental Agreement in the form submitted by the LIBRARY DISTRICT herewith; 3.2. Cooperate with the LIBRARY DISTRICT at all times in good faith in order to facilitate the provision of library services. 3.3. Provide to the LIBRARY DISTRICT, the library facilities located at 12901 N. La Montana Dr., Fountain Hills, Arizona under the following terms. 3.4. TOWN shall be responsible for the payment of utility services, to include gas, water, and electric, and ancillary services provided to the premises. &: TOWN shall, at its own expense, insure the premises for all perils and risk coverage on the structure(s) including, but not limited to fire, wind, burglaries and other casualties. TOWN understands and acknowledges that LIBRARY is self- insured-for loss or damage to property pursuant to paragraph 5.2.4 and will provide Town with a certificate to this effect. 3.6. TOWN shall maintain the structure of the premises in good repair and shall (ithw correct any hazardous conditions existing as the result of any structural defect or unsoundness. The term "structure" as used herein includes walls, roofs, floors, 2 (160, foundations, stairways, exterior sidewalks and all electrical, plumbing, heating and air-conditioning systems and equipment. It is understood that the structure and premises are currently in a state of good repair. 3.7. TOWN shall, at its own expense, conform to all applicable standards contained in the "Uniform Building Code for Life Safety" (U.B.C."), and also to all provisions and standards in "Arizona Revised Statutes for Handicapped Accessibility" in Title 9-499.02 and Title 34-401 through 34-439. This will include, but not be limited to, Handicapped Accommodations such as restrooms, drinking fountains, pedestrian ramps, etc. TOWN shall also, at its own expense, conform to all Americans with Disabilities Act requirements for Public Accommodations that are "readily achievable unless an undue burden would result." 3.8. Routine maintenance shall be the responsibility of TOWN, which shall include: electrical and plumbing repairs, painting the interior walls, replacement of all broken glass of the premises resulting from all perils including, but not limited to fire, wind, burglaries and other casualties. TOWN shall perform all repair/replacement maintenance of installed building utility systems and maintain all installed floor covering in a state of good repair. Equipment (including water heaters, furnaces, air conditioners and fire extinguishers) of the library shall be maintained by TOWN in a safe operating condition. 3.9. Janitorial and landscape services shall be provided and TOWN shall pay cost of said services. 3.10. Town Responsibilities Prior to Opening of the New Library. 3.10.1. Computers and Computer Data. computers, one (1) computef network sewer, and network equipment. Telecommunic sons Departmen+ Town shall paythe District the sum of T� vT-►-.rv,vp'urtrrr�rr� $50,500 within 15 days of the District request for the purchase of a minimum of twenty (20) personal computers, one (1) network server, and network equipment (switches, racks, etc.). 3.10.2. Opening Day Furnishings. The Town shall provide all furnishings and equipment to outfit the Library. Library shall be furnished so that there is adequate seating for the public and shelving for at least 60,000 items. No area of the Library is to be left without furnishings on Opening Day except as may be agreed upon by both parties in writing. 3.10.3. All items identified in paragraphs 3.10.1 and 3.10.2 will be valued as of opening day. This valuation shall be made by mutual agreement, in writing, (60 and attached to this Agreement. 3 4. The LIBRARY DISTRICT shall: 4.1. Provide and pay for, from revenues received pursuant to the County LIBRARY DISTRICT Tax levied pursuant to A.R.S. 48-3903, all salaries and employee benefits; office supplies, automation, audiovisual materials, books and other similar materials, office equipment, microfilm/microfiche, telephone, telefacsimile, electronic mail, catalogues, automated circulation system and public access catalogue, and other equipment and services and for supplies necessary to provide full library services to the TOWN; 4.2. Provide centralized acquisitions, cataloging, processing and graphic arts services; 4.3. Provide centralized personnel, fiscal, procurement, supply any other necessary administrative services; 4.4. Provide coordinating and consulting services; 4.5. Provide access to all library programs and materials within the Library District's system, including, but not limited to, audiovisual services and special collections; 4.6. Provide policies, procedures and operations manuals and support network; 4.7. Coordinate with local schools to offer assistance in developing literacy improvement; 4.8. Provide advice and assistance to all library staff in programming, advanced reference research, online reference searches, microforms and reference collection development; 4.9. Provide coordinated children's programs and services which may include summer reading, year-round reading, film programs, book-week programs, storytelling, school visits, crafts, read-aloud programs, performances and special events; 4.10. Encourage input from citizens in the selection of library materials and programs; 4.11. Operation of Library. 4.11.1. Library District shall be solely responsible for the operation of the Library on and after the Opening of the Library under terms set forth in this agreement, and shall hold Town harmless from any acts by Library Lor personnel that result in personal injury or property damage. 4 (lise Library-District shall be responsible for and pay the costs associated with the Library. 5. Ownership of Furnishings and Equipment. 5.1. Ownership. The Town shall transfer ownership to the Library District the Opening Day Furnishings and Equipment. 5.2. Furnishings and Library Materials Collection. After Opening of the Library, the Library District shall be responsible for and pay the costs associated with the following: 5.2.1. Maintaining the existing furnishings and equipment of the Library; 5.2.2. Obtaining and maintaining any additional furnishings required by the Library which will be valued and credited to Library District at the time of termination of this Agreement; 5.2.3. Acquiring the ongoing Library materials collection for the Library, which will be valued and credited to Library District at the time of termination of this Agreement. 5.2.4. Replacing and/or repairing any items that might be lost or damaged due to burglary, theft or any other insurable peril. 5.3. Calculation of Town's Opening Day Credit. As soon after Opening Day as is reasonably practicable, the Town shall calculate the total amount of all invoices that the Town paid for computers and computer data and opening day furnishings and equipment pursuant to Paragraph 3.10.1 and 3.10.2. The Town Representative shall provide the Library District Representative written notice of the amount obtained by this calculation accompanied by sufficient information to enable the Library District Representative to determine the manner in which the calculation was made. Library District Representative shall have ten (10) days after the date on which the Library District Representative received the notice of calculation from the Town in which to object to the Town's calculation by delivering written notice of objection to the Town Representative. The only grounds on which the Library (kw District Representative may object are 1) that the Town's calculation contains and arithmetic mistake; or 2) that the Town's calculation includes the cost of items, 5 (Iitv which are not part of the Opening Day Furnishings and Equipment. Failure of the Library District Representative to disapprove the Town's calculation in writing within such ten-day period shall constitute approval of the Town's calculation. If the Library District Representative disapproves the Town's calculation, the notice of disapproval shall contain a statement of the reasons for such disapproval. Thereafter, the Representatives shall cooperate reasonably to resolve the Library District Representative's concerns and to revise the Town's calculation. This cooperative effort shall continue for thirty (30) days following the date on which the Town Representative received the notice of disapproval, or until the Library District Representative approves the Town's calculation, whichever occurs first. If at the end this thirty-day period the Library District Representative has not approved the Town's calculation, then either Party may demand that an arbitrator as provided in Paragraph 10.2 determine the amount of the Town's Opening Day Credit. The arbitrator's determination shall be final, conclusive, and binding upon the Parties. The total amount of this calculation as finally determined shall constitute the Town's Opening Day Credit, which shall be utilized upon termination of this Agreement, as provided in Paragraph 8. 5:6. Future Improvements to Library. If Town and Library District mutually agree the Library should be expanded, Town and Library District will analyze the number of library users associated with Town and other communities and unincorporated areas of Maricopa County. Town will use good faith efforts to fund expansion of the Library if the majority of Library users are Town residents and if Town and Library District agree expansion is appropriate at that time. 6:7. Termination, Expiration or Non-renewal. This Agreement shall terminate under the following circumstances: 6.1.7.1. Upon non-appropriation by either party for continued funding of the Agreement; 6.2.7.2. Upon 365 days written notice by a party; 6.3.7.3. By mutual written agreement of the parties on an agreed upon date. 8. Upon termination, expiration or non-renewal of this Agreement, the parties will dispose of property related to the Library pursuant to the following: 7-1-:8.1. Town shall: 7.1.1.8.1.1. Purchase the Library Materials collection of the Library from the Library District after valuation of said collection, subject to appropriation of (ow funds by Town for that purpose. 6 (kw 7.1.2.8.1.2. Purchase any computers and related equipment, software;i network equipment and related items that the Library District has purchased. This excludes any items still in use that was purchased by the Town. 7.2.8.2. Library District shall: 7.2.1.8.2.1. Value the then current Library Materials Collection of the Library for purchase by Town pursuant to Paragraphs 78.1.1. and 78.1.2 above 7.2.2.8.2.2. Transfer to Town bibliographic and patron data in MARC format; provided however, the costs of such transfer shall be paid by the TownTown shall pay the costs of such transfer. Library District shall provide technical assistance on the design and transfer of such computer files to Town at no cost to the Town. 7.3.8.3. Failure of Town and Library District to Agree on Valuation of Contents of Library. Should Town not agree with the valuation of the contents of the Library pursuant to Paragraph 78.2.1 above, Town and Library District will agree on an independent evaluation and share the cost of the evaluation equally. The result of that independent evaluation shall be final and binding on the parties. 748.4. Failure of Town to Purchase Contents of Library. Failure of Town to purchase the contents of the Library pursuant to Paragraphs 78.1.1 and 78.1.2 above will release Library District to dispose of the contents of the Library as it deems appropriate with no further financial obligation to Town. 89. Miscellaneous. 8-1-9.1. Notices. Notices required pursuant to this Intergovernmental Agreement shall be given by first class mail, postage prepaid, to the following: For the Library District: For the Town: Director Town Manager Maricopa County Library District Town of Fountain Hills 17811 North 32nd Street 16836 East Palisades Phoenix, Arizona 85032 Fountain Hills, Arizona 85269 8.2.9.2. Entire Agreement Supersedes Any Other. This Agreement, including all Exhibits and appendices referenced herein, comprises the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. L 7 (kw 3:-3:9.3. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, and the laws, rules and regulations of Town and Library District. 9:10.Dispute Resolution. 9,4,10.1. The Authorized Representatives shall meet and attempt to resolve any dispute arising under this agreement within five business days after notice is given of the nature of the dispute, unless both parties agree to a longer period of time. 9.2.10.2. In the event a dispute arises which cannot be resolved by the Authorized Representatives within a reasonable time, the dispute may be submitted to mediation or non-binding arbitration upon mutual consent of the parties. 11.Future Transfer 10.1.11.1. Town Operation The parties recognize that the Town of Fountain Hills may grow in the future to a degree that warrants full ownership and operation of the Library by the Town. If the parties agree that this condition has occurred, they will negotiate in good faith as to ways and means to effect such a transfer as efficiently as possible, including assistance and cooperation by the District in making available to the Town appropriate data bases and other technical support. L L 8 (ow IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first written above. FOR THE DISTRICT: FOR THE TOWN: Title: Title: ATTEST: ATTEST: Clerk of the Board Town Clerk Date: Date= ATTORNEY DETERMINATION The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11- 952 by the undersigned counsel who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. Library District Attorney Town Attorney Date=: Date Date--: L 9 (11160 INTERGOVERNMENTAL AGREEMENT BETWEEN THE MARICOPA COUNTY LIBRARY DISTRICT AND THE TOWN OF FOUNTAIN HILLS, ARIZONA This Intergovernmental Agreement (Agreement) is made between the Maricopa County Library District, a political subdivision of the State of Arizona ("Library District") and the Town of Fountain Hills, Arizona, a municipal corporation ("Town"). RECITALS: The parties have the legal capacity to enter into this Intergovernmental Agreement pursuant to A.R.S. § 11-951, et seq. A.R.S. § 48-3901 provides for the establishment of a library district within Maricopa County and further provides that cities and towns within the County may elect to become a part of or to participate in said library district; and Town is a member of the Library District and currently owns a library facility for its residents which the District operates, and Town desires to expand and improve the library facilities available to its residents; and Participation by the Town with Library District in this project will provide expanded benefits to the Town and its residents such as: expanded public library service, specialized library programs, and other services which might not be available through the Town's existing library; and NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS HEREINAFTER SET FORTH, the parties agree as follows: 1. General: 1.1. Term of Agreement. The term of this Agreement shall be for ten (10) years commencing on the date the Agreement is filed with the Maricopa County Recorder and subject to annual appropriations by each party to fund the Agreement. After the initial ten (10) year term, this Agreement may be renewed by the parties for additional five (5) year terms by mutual consent of the parties, on the same terms and conditions as set forth in this Agreement or as modified, in writing, and subject to annual appropriations to fund the Agreement. 1.2. Authorized Representatives. Within thirty (30) days after the effective date of this Agreement, Town and Library District shall each appoint an authorized 1 (kw representative to carry out the duties set forth in this Agreement delegated to such authorized representatives. Either party may change the designation of its authorized representative by giving notice the other party pursuant to Paragraph 8.1 herein. 2. DEFINITIONS. 2.1. Opening of the Library and Opening Day. As used in this Agreement, "Opening of the Library" and "Opening Day" shall mean the date the Library is first opened to the public for the purpose of providing library services. 2.2. Library" means 15,000 square foot area of the approximately 20,000 square foot building to be built in and owned by Town which houses the library materials collection for use by the public. 2.3. "Capital Improvements" means the permanent improvements to the library and any fixtures attached thereto. 2.4. "Library materials collection" means the books, magazines, audiovisual items and other materials which are used by the patrons. 2.5. "Contents of the library" means the furniture, shelving, equipment, library materials collection, computers and like items. 3. The TOWN shall: 3.1. Execute an Intergovernmental Agreement in the form submitted by the LIBRARY DISTRICT herewith; 3.2. Cooperate with the LIBRARY DISTRICT at all times in good faith in order to facilitate the provision of library services. 3.3. Provide to the LIBRARY DISTRICT, the library facilities located at 12901 N. La Montana Dr., Fountain Hills, Arizona under the following terms. 3.4. TOWN shall be responsible for the payment of utility services, to include gas, water, and electric, and ancillary services provided to the premises. 3.5. TOWN shall, at its own expense, insure the premises for all perils and risk coverage on the structure(s) including, but not limited to fire, wind, burglaries and other casualties. TOWN understands and acknowledges that LIBRARY is self- insured for loss or damage to property pursuant to paragraph 5.2.4 and will provide Town with a certificate to this effect. L 2 TOWN shall maintain the structure of thepremises in good repair and shall (kw 3.6. correct any hazardous conditions existing as the result of any structural defect or unsoundness. The term "structure" as used herein includes walls, roofs, floors, foundations, stairways, exterior sidewalks and all electrical, plumbing, heating and air-conditioning systems and equipment. It is understood that the structure and premises are currently in a state of good repair. 3.7. TOWN shall, at its own expense, conform to all applicable standards contained in the "Uniform Building Code for Life Safety" (U.B.C."), and also to all provisions and standards in "Arizona Revised Statutes for Handicapped Accessibility" in Title 9-499.02 and Title 34-401 through 34-439. This will include, but not be limited to, Handicapped Accommodations such as restrooms, drinking fountains, pedestrian ramps, etc. TOWN shall also, at its own expense, conform to all Americans with Disabilities Act requirements for Public Accommodations that are "readily achievable unless an undue burden would result." 3.8. Routine maintenance shall be the responsibility of TOWN, which shall include: electrical and plumbing repairs, painting the interior walls, replacement of all broken glass of the premises resulting from all perils including, but not limited to fire, wind, burglaries and other casualties. TOWN shall perform all repair/replacement maintenance of installed building utility systems and maintain all installed floor (kw covering in a state of good repair. Equipment (including water heaters, furnaces, air conditioners and fire extinguishers) of the library shall be maintained by TOWN in a safe operating condition. 3.9. Janitorial and landscape services shall be provided and TOWN shall pay cost of said services. 3.10. Town Responsibilities Prior to Opening of the New Library. 3.10.1. Computers and Computer Data. Town shall pay the District the sum of $50,500 within 15 days of the District request for the purchase of a minimum of twenty (20) personal computers, one (1) network server, and network equipment (switches, racks, etc.). 3.10.2. Opening Day Furnishings. The Town shall provide all furnishings and equipment to outfit the Library. Library shall be furnished so that there is adequate seating for the public and shelving for at least 60,000 items. No area of the Library is to be left without furnishings on Opening Day except as may be agreed upon by both parties in writing. 3.10.3. All items identified in paragraphs 3.10.1 and 3.10.2 will be valued as of opening day. This valuation shall be made by mutual agreement, in writing, (ow and attached to this Agreement. 3 L 4. The LIBRARY DISTRICT shall: 4.1. Provide and pay for, from revenues received pursuant to the County LIBRARY DISTRICT Tax levied pursuant to A.R.S. 48-3903, all salaries and employee benefits; office supplies, automation, audiovisual materials, books and other similar materials, office equipment, microfilm/microfiche, telephone, telefacsimile, electronic mail, catalogues, automated circulation system and public access catalogue, and other equipment and services and for supplies necessary to provide full library services to the TOWN; 4.2. Provide centralized acquisitions, cataloging, processing and graphic arts services; 4.3. Provide centralized personnel, fiscal, procurement, supply any other necessary administrative services; 4.4. Provide coordinating and consulting services; 4.5. Provide access to all library programs and materials within the Library District's system, including, but not limited to, audiovisual services and special collections; 4.6. Provide policies, procedures and operations manuals and support network; 4.7. Coordinate with local schools to offer assistance in developing literacy improvement; 4.8. Provide advice and assistance to all library staff in programming, advanced reference research, online reference searches, microforms and reference collection development; 4.9. Provide coordinated children's programs and services which may include summer reading, year-round reading, film programs, book-week programs, storytelling, school visits, crafts, read-aloud programs, performances and special events; 4.10. Encourage input from citizens in the selection of library materials and programs; 4.11. Operation of Library. 4.11.1. Library District shall be solely responsible for the operation of the Library on and after the Opening of the Library under terms set forth in this agreement L 4 (trio and shall hold Town harmless from any acts by Library personnel that result in personal injury or property damage. 5. Ownership of Furnishings and Equipment. 5.1. Ownership. The Town shall transfer ownership to the Library District the Opening Day Furnishings and Equipment. 5.2. Furnishings and Library Materials Collection. After Opening of the Library, the Library District shall be responsible for and pay the costs associated with the following: 5.2.1. Maintaining the existing furnishings and equipment of the Library; 5.2.2. Obtaining and maintaining any additional furnishings required by the Library which will be valued and credited to Library District at the time of termination of this Agreement; 5.2.3. Acquiring the ongoing Library materials collection for the Library, which will be valued and credited to Library District at the time of termination of this Agreement. L5.2.4. Replacing and/or repairing any items that might be lost or damaged due to burglary, theft or any other insurable peril. 5.3. Calculation of Town's Opening Day Credit._ As soon after Opening Day as is reasonably practicable, the Town shall calculate the total amount of all invoices that the Town paid for computers and computer data and opening day furnishings and equipment pursuant to Paragraph 3.10.1 and 3.10.2. The Town Representative shall provide the Library District Representative written notice of the amount obtained by this calculation, accompanied by sufficient information to enable the Library District Representative to determine the manner in which the calculation was made. Library District Representative shall have ten (10) days after the date on which the Library District Representative received the notice of calculation from the Town in which to object to the Town's calculation by delivering written notice of objection to the Town Representative. The only grounds on which the Library District Representative may object are 1) that the Town's calculation contains and arithmetic mistake; or 2) that the Town's calculation includes the cost of items, which are not part of the Opening Day Furnishings and Equipment. Failure of the Library District Representative to disapprove the Town's calculation in writing within such ten-day period shall constitute approval of the Town's calculation. If the Library District Representative disapproves the Town's calculation, the notice of disapproval shall contain a statement of the reasons for such disapproval. Thereafter, the Representatives shall cooperate reasonably to resolve the Library 5 4irw District Representative's concerns and to revise the Town's calculation. This cooperative effort shall continue for thirty (30) days following the date on which the Town Representative received the notice of disapproval, or until the Library District Representative approves the Town's calculation, whichever occurs first. If at the end this thirty-day period the Library District Representative has not approved the Town's calculation, then either Party may demand that an arbitrator as provided in Paragraph 10.2 determine the amount of the Town's Opening Day Credit. The arbitrator's determination shall be final, conclusive, and binding upon the Parties. The total amount of this calculation as finally determined shall constitute the Town's Opening Day Credit, which shall be utilized upon termination of this Agreement, as provided in Paragraph 8. 6. Future Improvements to Library. If Town and Library District mutually agree the Library should be expanded, Town and Library District will analyze the number of library users associated with Town and other communities and unincorporated areas of Maricopa County. Town will use good faith efforts to fund expansion of the Library if the majority of Library users are Town residents and if Town and Library District agree expansion is appropriate at that time. 7. Termination, Expiration or Non-renewal. This Agreement shall terminate under the following circumstances: 7.1. Upon non-appropriation b either art for continued fundingof the Agreement; PY party 7.2. Upon 365 days written notice by a party; 7.3. By mutual written agreement of the parties on an agreed upon date. 8. Upon termination, expiration or non-renewal of this Agreement, the parties will dispose of property related to the Library pursuant to the following: 8.1. Town shall: 8.1.1. Purchase the Library Materials collection of the Library from the Library District after valuation of said collection, subject to appropriation of funds by Town for that purpose. 8.1.2. Purchase any computers and related equipment, software; network equipment and related items that the Library District has purchased. This excludes any items still in use that was purchased by the Town. 6 8.2. Library District shall: 8.2.1. Value the then current Library Materials Collection of the Library for purchase by Town pursuant to Paragraphs 8.1.1. and 8.1.2 above 8.2.2. Transfer to Town bibliographic and patron data in MARC format; provided however, the Town shall pay the costs of such transfer. Library District shall provide technical assistance on the design and transfer of such computer files to Town at no cost to the Town. 8.3. Failure of Town and Library District to Agree on Valuation of Contents of Library. Should Town not agree with the valuation of the contents of the Library pursuant to Paragraph 8.2.1 above, Town and Library District will agree on an independent evaluation and share the cost of the evaluation equally. The result of that independent evaluation shall be final and binding on the parties. 8.4. Failure of Town to Purchase Contents of Library. Failure of Town to purchase the contents of the Library pursuant to Paragraphs 8.1.1 and 8.1.2 above will release Library District to dispose of the contents of the Library as it deems appropriate with no further financial obligation to Town. 9. Miscellaneous. 9.1. Notices. Notices required pursuant to this Intergovernmental Agreement shall be given by first class mail, postage prepaid, to the following: For the Library District: For the Town: Director Town Manager Maricopa County Library District Town of Fountain Hills 17811 North 32nd Street 16836 East Palisades Phoenix, Arizona 85032 Fountain Hills, Arizona 85269 9.2. Entire Agreement Supersedes Any Other. This Agreement, including all Exhibits and appendices referenced herein, comprises the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 9.3. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, and the laws, rules and regulations of Town and Library District. 7 (Ikw 10.Dispute Resolution. 10.1. The Authorized Representatives shall meet and attempt to resolve any dispute arising under this agreement within five business days after notice is given of the nature of the dispute, unless both parties agree to a longer period of time. 10.2. In the event a dispute arises which cannot be resolved by the Authorized Representatives within a reasonable time, the dispute may be submitted to mediation or non-binding arbitration upon mutual consent of the parties. 11.Future Transfer 11.1. Town Operation The parties recognize that the Town of Fountain Hills may grow in the future to a degree that warrants full ownership and operation of the Library by the Town. If the parties agree that this condition has occurred, they will negotiate in good faith as to ways and means to effect such a transfer as efficiently as possible, including assistance and cooperation by the District in making available to the Town appropriate data bases and other technical support. L 8 (60, IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first written above. FOR THE DISTRICT: FOR THE TOWN: Title: Tit e: ATTEST: ATTEST: ) Clerk of the Board Town Clerk Date: Date: (tar ATTORNEY DETERMINATION The foregoing Intergovernmental Agreement has been reviewed pursuant to A.R.S. § 11- 952 by the undersigned counsel who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona. edet41.4, 1).c:7‘e,u, Library District Attorney Town Attorney Date: Date: 3 1 (kw TOWN OF FOUNTAIN HILLS MEMORANDUM TO: Honorable Mayor and Town Council FROM: Donald F. Thumith, Facilities Operations Supervisor THROUGH: Paul Nordin, Town Manager DATE: March 12, 2001 RE: Emergency Power Generator Installation, Building B, Public Safety Department, Town Hall Construction bids were opened March 5, 2001 for the installation of an Uninterrupted Power Supply (Generator) for Town Hall at Building B, Public Safety Department, Town Hall. Two bids were received, as shown (iw below. Bidder Bid D&D Electric $ 60,864.38 AJP Electric, Inc. $ 57,200.00 Notice inviting bids were published locally and valley wide, we utilized two construction data base companies that distribute notice inviting bids statewide. As a result five packets were picked up, with two bids presented. AJP Electric, Inc. presented the low bid, this company has extensive experience with generator installation projects for State, Federal, and local Municipalities. Selection of this company will help insure the entire project will be completed under budget. Staff recommends the project be awarded to AJP Electric, Inc. Cc: Cassie Hansen Bill Farrell L (iikw MEMORANDUM Chron 52 TO: Honorable Mayor and Town Council FROM: Art Candelari Civil Engineer REVIEWED: Tho as L Wa , Interim Town E.• THROUGH: Paul L i , wn Manager DATE: March 01 RE: Easement Abandonment 00-29; Resolution 2001-11 15835 Eagles Nest Drive Plat 506-A, Block 3, Lot 29 Scott Rindal 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 Lot 29, Block 3, Plat 506-A, (15835 Eagles Nest Drive) as shown in Exhibit "A". The property owner of Lot 29 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The southerly 20' of the northerly 10' public utility easement will be retained for existing and potential future utility boxes. 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 the Town should retain the drainage easement. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 29 is required to pass the developed flows generated by the upstream lots across their property. A significant drainage area 2-1/2 acres, currently drains to this location, and must be accommodated. This is above the nuisance level flow which we have allowed to be handled by a "lot-to-lot drainage" note on the abandonment. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-11. cc: Scott Rindal M/M Markowitz M/M Nickel M/M Mlindner G:\Easement Memo\EA00-29;Plat 506-A,Blk 3.Lot 29(15835 Eagles Nest Dr)Rindal When recorded, return to: Engineering Department Town of Fountain Hills 40w P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2001-11 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 29, BLOCK 3, OF PLAT 506-A, FOUNTAIN HILLS, ARIZONA, AS RECORED IN BOOK 159 OF MAPS,PAGE 3,RECORDS OF MARICOPA COUNTY,ARIZONA. WHEREAS. The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, 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 of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means, and WHEREAS. Allpresent utilitycompanies have received notification of the proposed P P P abandonment. NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That a portion of the certain ten (10) foot public utility and drainage easements, located along the northerly property lot line of Plat 506-A, Block 3, of Lot 29, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 159 of maps, page 30 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 29 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 of assert any right resulting therefrom or existing previous to any action by the Town. La, PASS/FAIL 3 OTION Pro•-Ova t. SECOND Mu. COUNT —0 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 15th day of March 2001. L FOR TH N OF FO AIN HILLS ATTESTED TO: #tiVa,ti-k46 )4J44A.4._ Sharon organ, Mayor Cassie B. Hansen, Director of Administration/Town Clerk lE IEWE $Y: APPROVED AS TO FORM: t I / t ___, jAttes: r Pa . No in, Town Manager William E. Farrell, Town Attorney (ow L., Resolution No.2001 - 11 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 506—A BLOCK 3 LOT 29 (kow ,, , ,.- , \ ABANDON 10' PUBLIC ' UTILITY EASEMENT, :, `, ,;/ RETAIN 10' DRAINAGE EASEMENT RETAIN 20' OF THE LOT 30 '' ' 10' WIDE PUBLIC ti LOT 28 UTILITY AND DRAINAGE ,\ `i-N. EASEMENT >:) 0 `50 '',„„,.,.„.„.„ , ,/,. 3,,'' ''i' 1‘ / ,</N e4 \ '�L >> 0 ,s / 0 i I (iw N II �'\\ / , LOT 29 z �o \ V ti A=05' S'35" �j' �O . Z 4, L=20.00 ti c'i ks,.. ,,V� O) R=225.00\.\ 0 4 ,00 , �, 4 .off \4 cLI \\ \\ o\ S Z G' '''' �% , - ems, ,=' \ \ \ ,V / 0 90'00'00" \ L=31.42' ,, R=20.00' \ \ , 4-k \ \ (16w SCALE: 1"=40' DATE: 2-22-01 Chron 62 'I (IIIIY '449 4.4 a 1 Z. Town of FOUNTAIN HILLS • � «�% ��o Engineering Department at s MEMO RANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria Civil Engineer REVIEWED: Thom War., Interim To •rn :'er THROUGH: Paul L. . ft t n Manager DATE: March 1\2Pe1 RE: Easement Abandonment 00-36; Resolution 2001-12 14405 Drury Lane Plat 212, BIk 14, Lot 23 William Barnett L 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 easterly property line of Lot 23, Block 14, Plat 212, (14405 Drury Lane) as shown in Exhibit "A". The property owner of Lot 23 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The southerly 20'of the easterly 10' public utility and drainage easements will be retained for existing and potential future utility boxes. 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 owner of Lot 23 is required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-12. jb att. Cc: William Barnett (itri M/M Prinzen M/M Hilgemann 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 When recorded, return to: Ikw:ngineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-12 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE EASTERLY LOT LINE OF LOT 23, BLOCK 14, OF PLAT 212, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 141 OF MAPS, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, 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 of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and LIHEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the certain ten (10) foot public utility and drainage easements, located along the easterly property lot line of Plat 212, Block 14, of Lot 23, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 141 of maps, page 17 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 23 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 therefrom or existing previous to any action by the Town. (kir, Resolution 2001-12 PASS AIL 3-/5` D Page 1 of 2 TON U crc.L SECOND 4a€so 14-, COUNT 1 -0 LPASSED AND ADOPTED this 15th day of March 2001. ATTEST: F R T E TOWN O F UNTAIN HILLS CL44,L4) 7J-kA / PC' Cassie B. Hansen, Town Clerk Sharon Morgan, a r RE ED BY: APPROVED AS TO FORM: eil(44,4 51k49 Paul L. N rdin, Town Manager William E. Farrell, Town Attorney L L Resolution 2001-12 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT co, EXHIBIT "A" PLAT 212 BLOCK 14 LOT 23 / . / , / / / * // o�/ LOT 24 /4,• cry/ /A. ..� /� �// / 9 / • o/ , .,M h �'6, �6i, /Q• / 6 'L / / 2S' ��' ' ABANDONED 20' 9 / �o / 2S' PUBLIC UTILITY / / LOT 21 A=88°10'39"/ & DRANAGE ESMT. / / R=20.00' - LOT 23 VA, / �L=30.78 , i o/ ,,,& o ��o 43 .4346. ti ''o LOT 22 /moo . �A A=04°07 38 \\ '49,f A R=I395.00 �4 L=I00.49' F RETAIN 20 LF OFif PUBLIC UTILITY EASEMENT ABANDON 20 LF OF. DRAINAGE EASEMENT SCALE: 1"=50 Chron 63 4111Wk° ill 1111 11 o Town of FOUNTAIN HILLS t-va•' = c Engineering Department se. - 1 sa fiat is Ai, MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art C•ndel• •, Civil Engineer @____,,--- REVIEWED: Tho •l L. WV it, Interim Tow ' -:r THROUGH: Pau ► /•r,'i f', own Manager DATE: Marc , :, 001 RE: Easement Abandonment 01-02; Resolution 2001-13 16227 E. Montrose Drive Plat 212, Blk 14, Lot 4 Carl E. Rempel r 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 Lot 4, Block 14, Plat 212, (16227 E. Montrose Drive) as shown in Exhibit "A". The property owner of Lot 4 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. Staff has received no comments to date from the adjacent property owners. The southeasterly 20' of the southerly 10' public utility easement will be retained for existing and active sewerline serving Lot 4. 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 owner of Lot 4 is required to pass the developed flows generated by the upstream lots across their property. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. Staff recommends adoption of Resolution 2001-13. jb att. 411•10 Cc: C.Rempel D. &C. Anderson M. Bell • G.•& S. Davis 16836 East Palisades Boulevard,Building C—P.O.Box 17958—Fountain Hills,Arizona 85269—(480)837-2003—FAX: (480)837-1404 When recorded, return to: engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills,AZ 85269 RESOLUTION 2001-13 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A PORTION OF THE CERTAIN TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE SOUTHERLY LOT LINE OF LOT 4, BLOCK 14, OF PLAT 212, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 141 OF MAPS, PAGE 17, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, 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 of the Town of Fountain Hills has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and L !HEREAS, All present utility companies have received notification of the proposed abandonment; NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills Arizona as follows: SECTION 1. That the certain ten (10) foot public utility and drainage easements, located along the southerly property lot line of Plat 212, Block 14, of Lot 4, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 141 of maps, page 17 records of Maricopa County, Arizona; are hereby declared to be abandoned by the Town of Fountain Hills. Certain lots within this subdivision are subject to lot-to-lot drainage runoff. The property owner of Lot 4 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 therefrom or existing previous to any action by the Town. (Itiy Resolution 2001-13 Page 1 of 2 (PASS/FAIL . -'t-s-0 MOTION FIY-O-A3tA1A SECOND -- eSw'-- COUNT 7_a PASSED AND ADOPTED this 15 th day of March 2001. ATTEST: F•')T l TOWN • OUNTAIN HILLS (AV344-t-Sb -3 1 � AA... /t, Cassie B. Hansen, Town Clerk Sharon Morgan, Ma . REVIE D BY: /-/ Z.--t ., APPROVED AS TO FORM:0aul . N 6r n, Town Manager Wi iam E. Farrell, Town Attorney L L Resolution 2001-13 Page 2 of 2 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT (kw EXHIBIT "A" PLAT 212 BLOCK 14 LOT 4 • ` NSF O RIf N6 e. DO•0 8004 \ •00. LOT 3 0 ,s ` ABANDONED 10' o C PUBLIC UTILITY e ,. :,,, ,00",,, & DRANAGE ESMT. \k LOT 4 a�0AUetio,0C-\ /0. D.F .0p /F e LOT 5ry &=of 4�\ r o, 6 � � � LOT 6 RETAIN 20 LF OF 10' \ PUBLIC UTI ITY EASEMENT i8 00. ABANDON 20 LF OF DRAINAGE E SEMENT LOT 25 S5 SCALE: 1"=50 DATE: 2-23-01 Sediment Removal l.doc >*1A1 A I lokw 5,94111111;wP,• Town of FOUNTAIN HILLS a �inb'r• I 40 tie+ • Ifitha t;S TO: Town Council FROM: Mayor Sharon Morg THROUGH: Tom Paul Nordin DATE: March 2,2001 RE: Expenditure for removal of sediment at Fountain Park Lake Please be advised that,in accordance with Section 3-3-4 of the Town Code(Emergency Purchasing Procedure),as of this date I have authorized the expenditure of$28,281.15 to L T C,Inc.for the removal of the remaining sediment at Fountain Park Lake. When bids were taken for the new lake liner at Fountain Park,because of the unknown quantity,the sediment removal portion was not included. The original cost estimate by Black&Veatch for removal and disposal of the sediment was$600,000. In July 2,000,separate bids were requested for the sediment removal and placement to a staging area just east of the proposed Plaza Fountainside project. The low bid was$193,689. The Plaza Fountainside developer agreed to use the sediment for backfill around the northerly portion of the to be constructed box culvert. What now remains is the excess 5400 cu. yds. Through a conversation with Ron Huber of the Fountain Hills Sanitary District, staff discovered that Effluent Lake 28-6 at the Firerock development will be abandoned in 2002. After meeting with Firerock representatives and Ron Huber, it was decided the sediment could be stored at the site until such time as the lake is drained and ready for backfill material. The sediment has been tested and is free from hazardous substances. Our consulting engineer, Black & Veatch,has previously advised that this material may be disposed of as"fill dirt". L T C, Inc.'s written quote of $28,281.15 was the low bid among the four written quotes received (see attached written quotation summary). bb att. cc: Randy Harrel Bryan Hughes Ron Huber Don Clark L Sediment Removal!.doc (kw Written quotes for sediment removal at Fountain Park. ■ LTC, Inc. $28,281.15 • ■ Hunter Contracting Co. $28,580.21 • ■ Double D Construction, Inc. $39,593.61 • ■ Markham Contracting Co., Inc. $57,410.00 L L TOWN OF FOUNTAIN HILLS ,,,,,,,► MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Senior Planner DATE: March 9, 2001 SUBJECT: S2000-042; Consideration of the "Final Replat of Tract C, Tract N and Tract P Diamante Del Lago Final Plat" This is a request to move the common tract boundary between Tracts "P & N" of Diamante Del Lago Final Plat. Tract "P" is a tract designated as parking for the adjacent amenity area. Sivage-Thomas has chosen to add an additional 4 parking spaces to this tract therefore requiring that they revise the tract boundary of Tract "P" to consume a small portion of Tract "N". Tract "N" has a Hillside Protection Easement which requires the applicant dedicate an easement over undisturbed areas equal to that proposed to (Iv be disturbed by the construction of the parking area. The applicant has provided the Town with an HPE that exceeds what is required by approximately 1,236.41 square feet. Staff recommends approval of this replat. Please refer to the attached Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. L (Ow TOWN OF FOUNTAIN HILLS STAFF REPORT MARCH 15, 2001 CASE NO: S2000-042 PROJECT MANAGER: Dana Burkhardt LOCATION: Tracts "C, P, & N" of Diamante Del Lago Final Plat. REQUEST: Consideration of approval for the "Final Replat of Tract C, Tract N and Tract P Diamante Del Lago Final Plat", a tract boundary and Hillside Protection Easement adjustment. DESCRIPTION: OWNERS: Sivage-Thomas Homes APPLICANT: Mory Hartman EXISTING ZONING: "Rl-6A P.U.D." EXISTING CONDITION: constructed parking area on Tract "P", constructed pool amenity on a portion of Tract "C" and undisturbed HPE on tract N. (liw. SURROUNDING LAND USES AND ZONING: NORTH: Open Space Tract and Single-family residences; zoned " R1-6A PUD" SOUTH: Open Space Tract and Single-family residences; zoned "R1-6A PUD" EAST: Open Space Tract and Single-family residences; zoned "Rl-6A PUD" WEST: Open Space Tract and Single-family residences; zoned " Rl-6A PUD" SUMMARY: This request is for final plat approval of "Final Replat of Tract C, Tract N and Tract P Diamante Del Lago Final Plat" which is a Tract boundary and Hillside Protection Easement adjustment project. Due to the simplicity of this request a "fast track" process is being allowed. The owner, Sivage-Thomas Homes, has chosen to adjust the common Tract boundary between Tracts "N" & "P" to allow for an additional four automobile parking spaces within Tract "P" for the adjacent club house amenity area. Tract "N" has been platted with a Hillside Protection Easement per the Subdivision Ordinance, and any proposed disturbance within this tract must be balanced by dedicating an equal amount of HPE over undisturbed lands elsewhere in the Town of Fountain Hills. The applicant has chosen to dedicate to the Town an HPE over existing undisturbed land within Tract "C" of Diamante Del Lago Final Plat (the other amenity tract). The Hillside (116, Protection Easement adjustment proposed will net the Town an additional 1,236.41 square feet of HPE above what is required. The 1,236.41 square feet of excessive Hillside Protection Easement is distributed across each slope category. 411., RECOMMENDATION: The proposed tract boundary and Hillside Protection Easement adjustment is in compliance with the regulations of The Town of Fountain Hills Zoning and Subdivision Ordinances. Staff recommends approval of replat S2000-042 " Final Replat of Tract C, Tract N and Tract P Diamante Del Lago Final Plat" . L oo�T"D'sr �i TOWN OF FOUNTAIN HILLS 10 COMMUNITY DEVELOPMENT DEPARTMENT (kw W. 2 - ! ,7- : .RELIMINARY PLi4 APPLICATION x , , Date Filed Fee Paid , ' f�.°o + Accepted By 1 t/$/a. "100 t " Plat Name/Number ,.�._ Dt it n iLit-1 9;ep1 �iro fe ‘-rratif 1574- Try- m Parcel Size NI"e j 8. gb Number of Lots 1024' C—LIoj2cZ5 •SI P-2IUI.94 lI 0 Number of Tracts Zoning 12.1..... General Plan Land Use Designation Density Requested(Dwelling Units Per Acre) Applicant Day Phone gi v T 4Cinekef) L1S0-Sal'-13Z1 2 Address Q City ST Zip4 ✓ ` '`�. Flit- 4 t L� I 6U-106 Owner Day Phone Bw4e lm4, krveE ,14$0-t31-e -72, Ad dres City ST Zi )1D2.b5 1\1, L& rr,d Or. PA. 441114 A-zo- 6 Attachments(Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date I TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) TFH Case Number Fee Schedule Attached Q. C. 11 ' •� -J w a p to W w V. r i . 2 1, (bow ,,,-0-- Ci -. -° 1.1 41'1 P aQ 6 d ill 1 511 *.0 .5 iiI Oa 't+ Z,z M atl 3viw a s Z w g high ti gl , a J a w l � ��� � • � �� � � W Y © a q l= PX$ 1u n it 3illilig9 z <Z ro a =A .9,-ff, 11PP.XX' ig le Q R Will; g ;I:Iiii 4 . 9 gm d cz -c,f_- g 104115. ;g1 1.) 4441 . aptivii g .. w§ a p Ir�,p6 1. 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Zia%Ve5cR sr <,..-, <>°` cf>,,..<65t<S'\) )/ '4(/ G i CD O -1 / / • Q•NI CoI `9 t (060, ,,, 44.4-/ ,, 3 - • C „94 69 Q -o, `'b \ri-%-A4 `t 0-Z . - -off // l49 -2`9. @' / U w lo bL2 9-0 \\ <C M Q Q / . 1SA Wd 9L:Zo:b 00-14-01 6•1,'Wo ul TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Senior Planner -1 DATE: March 9, 2001 SUBJECT: S2000-043; Consideration of the "Final Replat of Lot 97 and Tract Q Diamante Del Lago Final Plat" This is a request to move the common lot line of Lot 97 and Tract "Q", Diamante Del Lago Final Plat. The lot line adjustment will increase the length of the front lot line of lot 97 by .91 feet and the rear lot line by 4.94, increasing the overall lot size by 365.39 and decreasing Tract "Q" by that same amount. The purpose of this is to allow development of lot 97 without encroaching into the required minimum building setback. Please refer to the attached Staff report for additional details regarding this request. If you should have any (iliw questions, I can be reached at 816-5138. L TOWN OF FOUNTAIN HILLS (kw STAFF REPORT MARCH 15, 2001 CASE NO: S2000-043 PROJECT MANAGER: Dana Burkhardt LOCATION: Lot 97 and Tract Q of Diamante Del Lago Final Plat. REQUEST: Consideration of approval for the "Final Replat of Lot 97 and Tract Q Diamante Del Lago Final Plat", a lot line adjustment. DESCRIPTION: OWNERS: Sivage-Thomas Homes APPLICANT: Mory Hartman EXISTING ZONING: "Rl-6A P.U.D." EXISTING CONDITION: constructed single-family and rip-rapped drainage easement LOT SIZE: 10,067.73 sq. ff. SURROUNDING LAND USES AND ZONING: (Its, NORTH: Open Space Tract "H-1"; zoned " R 1-6A PUD" SOUTH: Single family residences; zoned "R1-6A PUD" EAST: Open Space Tract "H-1"; zoned "R1-6A PUD" WEST: Single family residences; zoned " R1-6A PUD" SUMMARY: This request is for final plat approval of "Final Replat of Lot 97 and Tract Q Diamante Del Lago Final Plat" which is a lot line adjustment project. Due to the simplicity of this request a "fast track" process is being allowed. The owner, Sivage-Thomas Homes, has chosen to adjust the common side lot line to allow greater flexibility for construction on lot 97, without encroaching into the minimum required setbacks. The new lots will meet all the requirements of the "R1-6A PUD" Zoning District for size and dimensions. The applicant has met the Hillside Protection Easement requirements of the Subdivision Ordinance under the original Final Plat. The proposed lot line adjustment has a minimal bearing on the H.P.E. in that it is extended to reach the newly adjusted lot line. The owner is increasing the length of the rear and front lot lines of lot 97 by 4.94 feet and .91 feet, respectively, by moving the common side lot line of Tract "Q".This lot line adjustment will increase the total square footage of lot 97 to 6,376.67 and decrease Tract "Q" by 365.39 square feet. Tract "Q" and that portion of Tract "Q" being given to lot 97 will remain a public utility (lisie easement and drainage easement as it was originally platted. The lot line adjustment only serves the purpose of allowing a slightly wider home to fit on this lot. 46y RECOMMENDATION: The proposed lot line adjustment is in compliance with the regulations of The Town of Fountain Hills Zoning Ordinance. Staff recommends approval of replat S2000-043 " Final Replat of Lot 97 and Tract Q Diamante Del Lago Final Plat" . I. TOWN OF FOUNTAIN HI°° LLS :•: :NA,...: COMMUNITY DEVELOPMENT DEPARTMENT °r F , 'RE011Y1'''I'NAAVAH'VA:Z. �ICA IO A � �, Date Filed I i isia., Fee Paid 410004) IAccepted B yA Plat Name/Number Di 0.411t- (..-1 La5 0 rivkal e-e_peu- a- Loco 4- 11%-a Cf Q Parcel/SSi/�zeej o A Number of Lots typo I Number of Tracts 1 Zoning General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) Applicant Day Phone gl 051 171,71,-L4 _ so- y �-82�2 Address City ST Zip • • Filt- L' A 8U-106 •caner Day Phone SI MAC 11;:ttryl..coS !-how 0- Address-) '�'� � 7'evil- ) �V's-)5L Dr. City ST Zi trizto 6 r4rt, 44111.4, Aio- Attachments (Please list) Signature of Owner I HERBY AUTHORIZE (Please Print) Date • TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 . My Commission Expires Notary Public (Seal) it:1;e Schedule Attached TFH Case Number Ltfpmath.d.q 10-11-00 1:50:15 pm MST N \/ / Z CP tr.,—, a�5 xi) o 0 4 -4.--Rokiii.,004 4:\ -2 )>"\P-')& <'' N z z z (kir l�� f. e S N t(#J�• Np N N n (Tl -v w , ti \Jc9, '4 / c n '� � v-vF o6, ` F a s,� ti o ..746.4 lAisg" 9 %iAyi 100 Q\. >cz, Z fN'1 =A �y s i to �\�� ��cv\ 1.S. HI r^ C • B a � >__—� 4hPN t� M __ r it i M A4� i 1h illir i g rg 9 MI ?4:1 A O'C'r $1. I 10 r5N1 r Arai �' 4 n lMills ?! r� � St!---';';% ; 6! 91111i 11 , Ign 11 1 il il 1 ll It ig R _ (iime If UHT'a I fla kill 01.4011 llrrll A III 14114t -4110 ha PlipiliM g ;1 ilillE i 1 t, Eg11 lig!Adlor 0 g A • spp I 22 q• 1 {^ gr f = N 2-1 ih. Img • I>1Ai � � ; !lig 0 dq Cl welR t ' It el ;d6011 2 m z cn O b m g � 5 c�o,,,v p n zDzo Ag;Agi 0 F..-1 =0 ;'4. !MI 1 ag > s4 rt_71 Co m (15litg[3s goo F s ae >> r P �� NOT¢ aoigi, C -a-z ® �i r Z N-Feq o m o Np ' r Oy r O N f: 9 q D ppooxs. $ m c� r cly N �4 �m C o�oQo _ G7p—i D coh ry 22 ni d • �! f2'D —11 4!/ a� r TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Planner DATE: March 9, 2001 SUBJECT: S2001-07; Consideration of the "Final Replat of Lots 32 and 33 Diamante Del Lago Final Plat" This is a request to move the common lot line of Lots 32 and 33 Diamante Del Lago Final Plat. The lot line adjustment will reduce the rear lot line of lot 33 by .43 feet, and increase the rear lot line of lot 32 by the same amount. The purpose of this is to allow development of lot 32 without encroaching into the required minimum building setback. Please refer to the attached Staff report for additional details regarding this request. If you should have any questions, I can be reached at 816-5138. L TOWN OF FOUNTAIN HILLS 4116, STAFF REPORT MARCH 15, 2001 CASE NO: S2001-07 PROJECT MANAGER: Dana Burkhardt LOCATION: Lots 32 & 33 of Diamante Del Lago Final Plat; aka 17328 & 17332 Sunscape Dr. REQUEST: Consideration of approval for the Final Replat of Lots 32 and 33 Diamante Del Lago Final Plat, a lot line adjustment. DESCRIPTION: OWNERS: Sivage-Thomas Homes APPLICANT: Mory Hartman EXISTING ZONING: "R1-6A P.U.D." EXISTING CONDITION: Platted, vacant lots LOT SIZE: 13,268.376 s.f. SURROUNDING LAND USES AND ZONING: NORTH: Arriba Del Lago&Open Space Tract; zoned "R-3 RUPD" SOUTH: Single family residences; zoned "Rl-6A PUD" EAST: Single family residences; zoned "Rl-6A PUD" WEST: Arriba Del Lago &Open Space Tract; zoned "R-3 RUPD" SUMMARY: This request is for final plat approval of "Final Replat of Lots 32 and 33 Diamante Del Lago Final Plat" which is a lot line adjustment project. Due to the simplicity of this request a "fast track" process is being allowed. The owner, Sivage-Thomas Homes, has chosen to adjust the common side lot line to allow greater flexibility for construction on lot 32, without encroaching into the minimum required setbacks. The new lots will meet all the requirements of the "Rl-6A PUD" Zoning District for size and dimensions. The applicant has met the Hillside Protection Easement requirements of the Subdivision Ordinance under the original Final Plat, and this lot line adjustment has no bearing on those easements. The owner is adjusting the length of the rear lot lines by .43 feet by moving the common side lot line where it intersects the rear lot lines. Lot 33 will have a rear lot line of .43 feet less than originally platted, reducing the total lot square footage from 6,769.224 square feet to approximately 6,7444.224 square feet. Lot 32 will have a .43 foot longer rear lot line and an increase in total lot size of approximately 25 square feet. filiw RECOMMENDATION: The proposed lots are in compliance with the regulations of The Town of Fountain Hills Zoning Ordinance. Staff recommends approval of replat S2001-07 " Final Replat of Lots 32 and 33 Diamante Del Lago Final Plat" r CrJ—Gts—Geld 1 1 N•G'-i I UUJI 4 IJ r I I n 1 LLJ - 40 J�ZAIN k TTOWN OFFOUNTAIN_ � HILLS COMMUNITY DEVELOPMENT DEPARTMENT M ✓� ( w r n+W..w.... .rLw P4w rd'1 Date Flied ,r- Fee Paid Q 6 v Accepted By VLY ) 71/, /)7A) Plat Name/Number Dt CuntAA-1,1- Lei 1--ap Parcel Size ^ A Lots "59— vA Number of Tracts /v/A, Zoning General Plan Land Use Designation e_ &S./di-At Density Requested (Dwelling Units r Acre) N/A Applicant Day Phone t -ThpLaS Address City ST Zip LOwner Day Phone di ss'Addre City ST Zip 1 oo25 N • (a- j=4-u- 14-1.t 1s t S5a,z5 Attachments (Please Ilst) lak2 a-tread-d-1 Signature of Owner I HERBY AUTHORIZE (Please Print) Date 3f ( o/ TO FILE THIS APPLICATION. Subscribed and sworn before me this day of , 19 My Commission Expires Notary Public (Seal) TFH Case Number Fee Schedule Attached L TOTAL P.01 • U' < a i L' i.-I `R uLir o cc ts' x d � L7iiih 2Gao i _ N ..c g IN e41 o_6 i i6 cJ 8 g2 Z „2g — eT,r,iaV- ^` MS CC 'SS W O PO !Lillis CD ...c R 4 _a8 am -I 'dZ r g a$ ligli331 I® ® ;v� ® d-~ �a 4Iz ® 7Yi3 j Q• ® S=N a I1,1 O CO e- 4R X gib' ; Z .A -, ''')ci,Q. 48 H W1 46§ OP: 11 li ;Aggl: MI ll s W .. . g q Rile a i I. 1 0 I iJii P ildi 1 1I. —II '.1.1!!!ii 1! i 1 �i14dd, Es tAt_ __ u t 110Milit 1 Oliel 4 lil s babiE• Ar ,x il IS 1 1.r 0,dm il ,4t.', r-:.. ',': Igilitiiiii vg 1 lA 10 v ;N 41 al%(!) i I N- ii g ii .1 1 1 •i.A --:. 7 li / ;1 Il 1 4 ill Pi 44 of 00! 412 91 R3 144 IP I Ili c�.. iiii 11 I:1 id 11 d 11 1" ii ,.5„.. U!" Rx ggi gl 5R gA .1 1211011 1;, ,,c::///// rjs k 14 ) Nll Q.y-.y J -4 1 ts i: .... . Tqlg 6.) c,r,1 :1! 6,,,s70 ,.� ci 000y�\\X O • �J�IK= � WjW <9 '4 190:)0 v \ • ti1141 • E(12 ifj:ff, 1•0 ,hog OIf.> \U J, 1ii Xm1 (6 Ll'x,- W CSy ~ CD • �O \� \ a`�chiu < c4 , �� ,.' �'s'p \ K Ve4 (NO, r,,/J �,ay\ ,gyp 4 ice'--1 /1 '.\ 441,4*.oh- is.LLF 61:90:L 10-9z-1 5MP'41.wdH'1 TOWN OF FOUNTAIN HILLS (1160 MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Senior Planner DATE: March 9, 2001 SUBJECT: S2000-036; Consideration of the Final Replat of "Fountain Hills Plat 601 A, Block 13, Lot 15A." This is a request to remove the common lot line between lots 15 and 16, Block 13, Final Plat 601 A, a lot join project. Staff is waiting for a revised exhibit from the applicant for the staff report. This report will be distributed to you on Monday, March 12, 2001. I apologize for any inconvenience this may cause. If you have any questions I can be reached at 816-5138. (111, TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul L. Nordin, Town Manager FROM: Dana Burkhardt, Senior Planner ! ;. DATE: March 12, 2001 SUBJECT: S2000-036; Consideration of the Final Replat of "Fountain Hills Plat 601 A, Block 13, Lot 15A." This is a request to remove the common lot line between lots 15 and 16, Block 3, Final Plat 601 A, a lot join project. Staff has found the proposed final plat is in conformance with the Town of Fountain Hills Zoning &Subdivision Ordinances. Staff recommends approval of this replat. If you have any questions I can be reached at 816-5138. (kw TOWN OF FOUNTAIN HILLS STAFF REPORT March 15, 2001 CASE NO: S2000-036 CASE MANAGER: Dana Burkhardt LOCATION: Lots 15 & 16, Block 3, Final Plat 601 A; aka 12642 Mountainside Dr. REQUEST: Consider approval of a replat for "Fountain Hills Plat 601 A, Block 3, Lot 15A", a lot join project. DESCRIPTION: OWNER: William and Margaret Leach APPLICANT: Vertical Developments, LLC EXISTING ZONING: "R-3" EXISTING CONDITION: Undeveloped lots LOT SIZE: .5739 acres SURROUNDING LAND USES AND ZONING: NORTH: Developed single-family residence; zoned "R-3" SOUTH: Colony Wash; zoned "C-2" EAST: Open Space Parcel; zoned "C-2" WEST: Multiple-family residences, zoned "R-3" SUMMARY: This request by Vertical Development, L.L.C., is for final plat approval of a replat for "Fountain Hills Plat 601 A, Block 3, Lot 15A" which is a lot join project. This final plat does not include any off-site improvements, therefore a "fast track" process is allowed. The applicant, Vertical Developments, LLC, has chosen to reconfigure these lots by combining the lots into one lot. The reconfiguration of these lots will allow for greater flexibility in the construction and orientation of additions without crossing lot lines. The new lot will meet all the requirements of the "R-3" Zoning District for size and dimensions. The Hillside Protection Easement shown on the final plat exhibit conforms to Article 504 of the Subdivision Ordinance for hillside preservation. RECOMMENDATION: The proposed lot is in compliance with the regulations of The Town of Fountain Hills Zoning & Subdivision Ordinances. Staff recommends approval of replat S2000-036 "Fountain Hills (kw Plat 601A, Block 3, Lot 15A"with the following stipulation: 1) That the applicant abandon the Public Utility Easement along the south lot line to meet the required Hillside Protection Easement, prior to recordation of the Final Plat. i !AM • I o TOWN OF FOUNTAIN HILLS (; I COMMUNITY DEVELOPMENT DEPARTMENT EL. RY` „ z ;: ,� :a -- 1 '. .. .�;� � -th�INA �PLATIARPLICATION ������k.�.� e� 'E Date Filed �,(3 Fee Paid of�� Accepted o`'OC__' Plat Name/Number () --- 0-1- i 5'- i B \o c.K 3 �v rr4Cu r1 E4-i t 1 s P 1406- (_ 01 A Parcel Size Number of Lots b 51 s 9 cAc—r-es 2 Number of Tracts Zoning 42 General Plan Land Use Designation Density Requested (Dwelling Units Per Acre) 4 l 0,, 5 c N`lcp 1e C0,0,11 b22• t l8'• Z- 4-". Applicant Day Phone ' 41 c(l o P rncrr�S 1-1�C_ ' 4 o •on�3 5-7,oo 6 Address City ST Zip 12O 1 - A . 1—cuy,0 04 a c-yi.c r- ‘4-1 I IS AZ- Zic,5 glisrOwner Day Phone VN c . r n.nol 'P cat a 30k rrSo n (: c;)5 - Address City T Zip 1b1a 9 Monct,rn Aire, Gokki cl Attachments(Please list) I Signature f yi ' I HERBY AUTHORIZE (Please Print) Date 'tN 1 C__O‘e, JRc.)beris 0-27_1)199imucyr-J TO FILE THIS APPLICATION. 9', q ^ ,,,, ... Subscribed and sworn befo me this 9th day of �ip 1 GrwVR -'ate II/ ' HUN;.' wnissi. 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L.: vi V) o � - or, 0 in 0 CNi CI Q O O CC V V Q Q O 1 r Q 0 aw. v © o 0 0 J V) r Town of Fountain Hills r Memorandum DATE: March 9, 2001 TO: The Honorab Mayor and Common Council FROM: Jef ey lder, ommunity Development Director THROUGH: Pau 4Lk o ' , own Manager SUBJECT: Updat he To n's recent efforts to control air traffic over Fountain Hills and associat aircraft noise. Over the past several months the Town has been contacted by concerned residents and others regarding noise generated by aircraft flying over Fountain Hills. While sharing those concerns the Town has no authority to regulate the airspace over Fountain Hills. However,the Federal Aviation Administration(FAA)is now considering modifying the radar vector routes within 40 nautical miles of Sky Harbor International Airport. Radar vector routes are the airspace routes that air traffic controllers use to direct incoming and departing flights into and out of Sky Harbor. The modifications to the radar vector routes are proposed in the "Northwest 2000 Plan." In order for the Northwest 2000 Plan to be adopted by the FAA and Phoenix TRACON(Phoenix TRACON is air traffic control at Sky Harbor generally responsible for airspace within 40 nautical miles of Sky Harbor International Airport)the Northwest 2000 Plan must prepare an environmental assessment of the impacts of the proposed modifications to the radar vector routes. The environmental assessment process is a lengthy public notice and comment period. Through this comment period the City of Scottsdale has held several public meetings on the Northwest 2000 Plan. Town staff have participated in this process and have reviewed the Northwest 2000 Plan,including the modified radar vector routes originally proposed by the FAA and Phoenix TRACON. Paul Nordin and I met with Mr. Scott Grey, the City of Scottsdale Airport Manager,to discuss the Northwest 2000 Plan. After reviewing the maps with Mr. Grey we determined that the Town's interests and the interests of the City of Scottsdale were very complimentary in that both are very interested in reducing,to the extent possible, aircraft noise over our respective communities. We agreed to support some further modifications to a set of tentative radar vector route maps. That map(dated March 5, 2001)is included as an attachment to a letter of March 5,2001 from John Little, Scottsdale's Transportation General Manager to Mr. Harvey Reibel(attached). There are actually two maps that make up the Northwest 2000 Plan,a"West Flow"and an"East Flow"map. These maps are shown on a separate attachment and include the FAA's current and proposed radar vector routes. Air Traffic Control Update Town Council Memorandum March 9,2001 Page 2 of 2 411W The"West Flow"map depicts the radar vector routes used by Phoenix TRACON when prevailing winds at Sky Harbor are out of the west,and aircraft arrive and depart Sky Harbor from an east to west direction. As you can see on Exhibit"C",the existing"West Flow"routes, incoming flights from the northeast are routed over Fountain Hills along the"FOSSL STAR"("FOSSL is just a name of the route and"STAR"is an acronym for Standard Instrument Arrival Route), and outgoing flights to the east and northeast are routed over and close to Fountain Hills along the "ST. JOHNS DP"and the"EAGUL DP"(DP is an acronym for"Departure Procedures"). Town staff are satisfied with the FAA proposal(Exhibit"F"on the attached sheet)for the"West Flow" routes because the"FOSSL STAR"route is being eliminated in favor of the"DBACK STAR" route, which will not over fly Fountain Hills. In addition,both the"EAGUL DP"and the"ST JOHNS DP"are being eliminated in favor of the"RIMM DP"which will be approximately three to five miles north of the existing"ST JOHNS DP." Town Staffs major concerns were with the"East Flow"routes as proposed by the FAA and Phoenix TRACON. Currently, as shown on Exhibit"B",departing flights over Fountain Hills utilize the"DRAKE DP"and the"EAGUL DP." The Northwest 2000 Plan currently proposes little change to the Departure Procedures,but does propose that the"CHEZ7/RIMM DP"be created that would lead in a northerly heading directly over the central and western portions of Fountain Hills and the"EAGUL DP"will be eliminated,where those same departing flights now fly in a northeasterly direction over the northwestern portions of Fountain Hills. We are especially sensitive to these"East Flow"DPs because the aircraft are lower and therefore noisier than the"West Flow"flights, and have a greater impact on our quality of life. 4111w In working with the City of Scottsdale,Town staff believe that the March 5, 2001 proposed"East Flow"radar vector map will reduce aircraft noise in east flow conditions. In this proposal the east and north bound departing flights will remain on the FAA-proposed"ST JOHNS DP" heading and all departing flights would be routed several miles east of Fountain Hills before turning north,thereby eliminating any departing east-flow over-flights of Fountain Hills. Scott Grey,the City of Scottsdale Airport Manager, will attend the Town Council meeting on March 15,2001 to provide the Council with a thorough review of the current FAA proposal and the City of Scottsdale alternative. �3/05/01 1 5:45 FAX 3124000 _ _ _ - _ _ TRANSPORTATION uuli uu WY sJ r4 SO:111.gal! • "Most Livable City"U.S.Conference of Mayors• _ March 5,2001 1=11Mil Post-Ir brand fax transmittal memo 7671 Co. C Mr. Harvey Riebel C Phone _ a-- •(� LANDRUM &BROWN INC. kept. C; y 6151 W. Century Blvd., Suite 1000 Los Angeles, CA 90045 RE: Comments on the Notice of Proposed Action and Preparation of Environmental As- sessment for Northwest 2000 Plan Dear Mr. Riebel: The purpose of this letter is to respond to the above Notice received by the City of Scottsdale on Ja nuary 31, 2001. The City of Scottsdale is extremely concerned with the accuracy of the e cthe f no L tions in the proposed action within the Notice. In addition, based on preliminary graphics the City of Environmental Assessment that we have seen to date, neither the flightroutes has s ent a si ' cant Scottsdale boundary are accurately depicted. The City of Scottsdale staff p Federal Aviation Administration (FAA) amount of time and effort collecting the details from their order to adequately respond to the Phoenix TRACON and has generated our own graphics q No- tice. It is critical that the "Draft" Environmental Assessment include more accurate illustrations of the proposed routes and City boundaries. In add ition to the official meetings scheduled as part of the Environmental Assessment, the City of Scottsdale has conducted five public information meetings to gather input from gour Crown citizens regarding the proposed flight routes. The City of Scottsdale has retainedthhedser is si ofCrown Consulting, of Washington DC, to assist in analyzing the proposedaction alternatives that we expect develop- ing alternatives. Based on these actions, we have developed several to be examined during the Environmental Assessment process. In addition to the alternatives presented within this letter, we will be actively involved in the En- vironmental Assessment process, which may result in additional alternatives being developed. p The cities of Scottsdale,Fountain Hills and Carefree will be cooperating in this effort. page graphic g on a e 4 illustrates the City of Scottsdale's recommended changes to the FAA's � proposed action. Based on our discussions with FAA, the proposed radar vector routes wil therefore, we will describe our mirror the proposed RNAV arrival and departure routes; com- ments relative to the applicable RNAV routes. L .... ...... CITY of SCOTTSDALE•TaaNsPoRT TION SYSTEMS DEPARTMENT•7447 E.1NDIAN SCHOOL D.,SUITE 205•SCCOTTSDALE,AtuzoNA•85251 PHONE (480)312-7696 • FAX (480) -- -�3/05/01 15:46 FAX 3124000 _ _ _ _ _TRANSPORTATION iguuz/uu4 - Mr. Harvey Riebel Comments on the Notice of Proposed Action and Preparation of Environmental Assessment for Northwest 2000 Plan L March 5,2001 Page 2 The first recommendation is to move point BARGN approximately five (5) nautical miles�east. This point is used on the CHEZZ departure procedure during east flow conditions at Sky H arbbor. By moving this point, it would eliminate the CHEZZ route from crossing numerous o ermitting aircraft areas in the City of Scottsdale and the Town of Fountain Hills, as to gain more altitude prior to crossing proposed DBACK arrival route and if necessary when crossingresidential areas farther out on the procedure. Point BARGN could also be incorporated as a common point for the CHEZZ-ABQ route as well. The second recommendation is associated with the CHEZZ-CHILY transition route during ast to flow conditions. The CHEZZ-CHILY route could be moved north to point MSKET thenthe TRACON exit gate at point ZEPER. This would provide additional opportunities for aircraft to gain altitude prior to crossing residential areas when continuing to the west. The third recommendation is associated with the DBACK arrival route during east flow condi- tions. It is recommended that points VANZZ and DUWOP be moved several miles west to re- duce the number of flights over residential areas in the City of Scottsdale. In conjunction with the two previous recommendations,this would also permit the DBACK associated altitudes to be increased since the departures would be crossing at higher altitudes. • examiningthe opportunity to have the arrival aircraft on both Finally, we also recommend DBACK and MEHAM maintain higher altitudes until established on the downwind legs in either east or west flow conditions. This in association with the"power-off" approach techniques pro- posed osed with the approach procedures may result in a reduction of aircraft noise over populated areas. In addition to the recommended route changes included within this letter, the City of Scottsdale is concerned about the implementation of the operational procedures at the Phoenix TRACON. Of particular importance is that the air traffic controllers will be required to utilize the recom- mended flight paths under all circumstances, except during emergencies or to avoid severe weather conditions. This requirement will provide the citizens assurance that aircraft will not be vectored off the final adopted routes unless absolutely necessary for safety. The City of Scottsdale is very interested in participating in the Environmental Assessment poet- roc- ess and in providing any additional information or analysis necessary for support mended changes. Since this is a significantly important project to numerous City officials and pl ease citizens, consider this our formal request that the City of Scottsdale receive ten (10) copies of all the environmental documents, as they are prepared. It is also our understanding hat each of the Scottsdale public libraries will receive their own copies for revie w l public. We also request that an adequate number of copies be provided to the Cities of Fountain Hills and Carefree. /05/01 15:46 FAX 3124000• TRANSPORTATION 16003/004 Mr. Harvey Riebel Comments on the Notice of Proposed Action and Preparation of Environmental Assessment for Northwest 2000 Plan (kw March 5,2001 Page 3 We appreciate the opportunity to provide our initial comments on such a significant project and trust that you will take serious considerations to our comments. Please do not hesitate to contact Mr. Scott Gray at(480)312-7735 if you should have any questions. Sincerely, C. . Jo Little Tr sportation General Manager c. Honorable Scottsdale Mayor and City Council Honorable Wes Marsh,District 28 Representative Arizona State Legislature Jan Dolan,City Manager,City of Scottsdale David Ellison,Assistant City Manager, ,City of Scottsdale Scott Gray,Aviation Director,City of Scottsdale Steve Olson,Intergovernmental Affairs Director,City Paul Nordin,City Manager,City of Fountain Hills (iv Wayne Fisher,Vice Mayor,Town of Carefree Charles Lieber,Environmental Specialist,FAA Western Pacific Region Stan Mathews,Air Traffic Division Manager,Crown Consulting Michael Haklitch,Air Traffic Systems Analyst,Crown Offic Consulting Robert Chamberlin,Senator John McCain's Tod Jorns,Senator John McCain's Phoenix Office Carolyn Chaney,Chaney and Associates L 03/05/01 15:47 FAX 3124000 TRANSPORTATION lj U04/004 Mr. Harvey Riebel Comments on the Notice of Proposed Action and Preparation of Environmental Assessment for Northwest 2000 Plan L March 5,2001 Page 4 City .of Scottsdale Suggested..Revisions to4. Proposed FAA.Northwest 2000 Plan Routes March 5, 2001 i .b;�r . ,, ,i .,.r N, °..v,-.t:t•^ ,n7,--. .^;z... 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L -Y.�L O C: jt F CCU 1 ' 8 Sent By: HOFMANN-DIETZ; 602 539 8608; 15 Mar 01 3:25PM;Job 188;Page 2/3 dig li 111,41 March 15, 2001 llnfniann-Dietz Architect$,Ltd. i+,►++++,•,t:. TOWN OF FOUNTAIN Hit:is construction 16836 E. Palisades Boulevard Fountain Hills, Arizona 85268 439 N,(Gilbert Road Suitt'C.?gip! ATTN: Toni Ward :iih t, 85234•41.r Interim Town Engineer (:')1f7+'r•: OW))539,t180O I n,•: 0.80)5.4!)- o 1:..A1101:1++11f'1°04 ++:1ti'm 0'!+ PROJECT: [.TNl EKGuOtUNU UTILITIES FOR NEW TOWN CENTER COMPLEX Prir,cipalh Town of Fountain Hills jock r,1(,,p,nli,►.;t.J A. Architect's Project No. 9720.1 U J«�+yid,. .. Choi A.McClure SUBJECT: ARCHITECT'S RECOM M II N DATI ON Stniur A;kticila1t ,4itrieri'n,A.1,r3. Pete barker Dear Tom: R.Alum' Hile, III „�r1�.n�:Ic�rrx Attached is the tabulation of all bids received and opened by the Town of 1;rn c Fountain Hills for the referenced project on Thursday, M.aich 15, 2001 at 2:00 P.M. We recommend the acceptance of the Base Proposal submitted by Valley Rain Construction Corporation in the amount of One Hundred Seventy Nine Thousand Six Hundred Dollars ($179,600.00), which represents the lowest. Base Bid received. Respectfully, IIOFMANN--DIETZ ARCHITECTS, LTD. Norman Lin Project Architect NL/ein (like Attachment: Bid Tabulation Form Sent By: HOFMANN-DIETZ; 602 539 8608; 15 Mar 01 3:26PM;Job 188;Page 3/3 11 (111W ilill NM II cA •SUM GOMM IIIIINNIIM MUML� O rd Q {`�a 1 1 1 1 g. a N w . 1 , 1 I V a L., 1 1 1 I '�" C3 1 1 1 1 3 E Y.l, 1 Li 1 I I t1 4 v CO CO CG p4 a.) fo r; 4 iir. s ,4 o 0 0 0 . Ft' 7. 7 x z 4 Aq 1 1 1 17 `. © 1 1 1 1 7 1:3 N1 l 1 1 1 1 G 1 1 1 1 .;G. Gd z 1 ! I 1 4�r1 ro 4. ' o 8 Up cn - . Vl •• 1.n = 6. 1-4 t4 fri g 0 g o c/IWa o 0 °" M Z v 0 (kw, hwM A. E.{ N 6 o x x x 04 M PA 2 - x x ►), a. ,1 X X X 0,1 a 0 ,.., (..; t,.) is N .. • o z UI z 8 o i oo0 o '.., 4r, W t Z U0o w _. F1 ,u E e 0 ;(2) () 0 t w o z A lig 0 t.t.) ,-.3 :."*- ‘i 4 Le g Q A cG cn A. _ › _ 0. _ E.- _ ❑ _ X V7 . — .m. q o maim" cii, ilINII..IIMMIkc tom, (116, ......,..m . \ ) -- �. =' �■m ■� 4 o _■_M■M N .ti C.) w 0 W o01 V1 A ti wa CA A M w cA a ("J Lo c rn r - n N � n N cn zoo U '� A A ~ \AeC N \ \ \ a x o W o w © N 1-0 O N O U l © A z A z r-, O l� 0 v 0 0 0 zo 0 'o z x U U H A z H E 1 ; E U - x O a z HH ¢"L E.4 ;:.i 0 z � Uz w 0 z p4 WUW A OU a a O w w A A `�' as a Law Offices Of William E. Farrell, P.L.L.C. CO' Tel(480)837-5750 William E.Farrell Building A Fax(480)837-5805 16838 E.Palisades Blvd. Fountain Hills,AZ 85268 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk Community Development Director FROM: William E. Farrel vff Town Attorney DATE: March 14, 2001 RE: Crestview Development Agreement Amendment to Provide For Shea Blvd. Right-of-Way Monument Signs Cue This item is continued from an agenda item on the March 1, 2001 agenda. The basic request from the applicant is for the Council to give favorable consideration to a supplemental development agreement that would allow, among other things, two monument signs to be constructed adjacent to the Crestview subdivision in the right-of-way for Shea Boulevard. The issue has been discussed between the applicant and the Town for a number of months, and only recently did the Town become aware that the applicant is under a deadline from another agency to have the monument signs installed. I believe the agency is the Arizona Department of Real Estate and that the deadline is March 31 st of this year, but I am not positive at the time of this writing. At the March 1st meeting, there was possible discussion of either an encroachment permit or a right-of-way abandonment as other possible solutions to the problem,but neither seemed to be adequate or timely. The Fountain Hills Town Code prohibits permanent offsite advertising in the public right-of-way. Offsite advertising signs can be located in the public right-of-way on a daily basis and subject to certain size and location limitations. L Memorandum Re: Crestview Development Agreement (iise Amendment to Provide For Shea Blvd. Right-of-Way Monument Signs March 14, 2001 Page 2 The supplemental development agreement is attached in draft form to this memorandum, as well as the legal descriptions and approximate locations of the sign easements. Three sites are shown; however, the applicant is only requesting two sites in the supplemental development agreement and will not use one of the two sites at the Arista right-of-way. The Community Development Director has been out of town for a substantial portion of the last two weeks attending the American Planning Association annual conference and,therefore,has not had an opportunity to thoroughly review and comment on this staff report. The Town has traditionally used the development agreement and amendments thereto as a method of providing relief from strict application of the Town's ordinances in certain development conditions. The applicant has requested an additional short presentation on the evening of the 15th and staff has no recommendation, either affirmative or negative, at this time. As always, we will attempt to answer any questions you may have. (lbw Respectfully submitted, William E. Farrell Town Attorney WEF:pf attachments teti/01 Z:\WPDATA\FH\MayCouncl-re Crestview.mem.wpd 02/12/01 16:13 FAX 6022345893 BEUS,GILBERT ( I013 L After Recording Return to: Town of Fountain Hills 16836 E.Palisades Blvd. Building C Box 17958 Fountain Hills,Arizona 85269 _. .. SUPPLEMENTAL DEVELOPMENT AGREEMENT THIS SUPPLEMENTAL DEVELOPMENT AGREEMENT(the "Agreement") dated as of the date set forth below, is entered into by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town"), MCO Properties L.P. d/b/a MCO Properties Limited Partnership, a Delaware limited partnership ("MCO"), and Summit Estates LLC, a Delaware limited liability company d/b/a Crestview at Fountain Hills LLC (the "Developer") with reference to the following: A. MCO and the Town entered into that certain "Pre-Annexation Development - - Agreement Town of Fountain Hills and MCO Properties Re Northwest Corner of Shea (kw Boulevard and Palisades Boulevard" recorded February 9, 1999 at No. 99-01282_61 in the '3 Official Records of the Maricopa County Recorder's Office (the "Development Agreement") in connection with the annexation and development of the certain real property,including Parcel 1, as more particularly described in the Development Agreement. B. Developer is the successor to MCO as developer of Parcel 1. C. The Town is the owner of that certain real property located in Maricopa County, Arizona,legally described on Exhibit "A" attached hereto and as shown on the drawing attached hereto as Exhibit"A-1"(the"Crestview Right of Way Property"). D. Developer has submitted to the Town for its approval,certain improvement plans prepared by Neill/Vecchia&Associates, Inc. and dated August 31, 2000, and thereafter revised on October 31, 2000, and January 5, 2001, (the "Plans for the Crestview Sign") for the construction of an entry monument/sign serving Parcel 1,to be located on the Crestview Right of Way Property(the"Crestview Sign"). E. The Town is also the owner of the two additional parcels of real property located _ in Maricopa County, Arizona legally described on Exhibits `B" and "C" respectively and as .. depicted on the drawings attached as Exhibits"B-1"and"C-1,"respectively(the"Arista 1-Right: of Way Property"and the"Arista 2 Right of Way Property,"respectively). 11:mo097►Mc0 Sapp DaV A z.d 02/12/01 16:13 FAX 6022345893 BEUS,GILBERT Qj014 F. Developer is desirous of a second monument sign on either the Arista 1 Right of Way Property or, in the alternative, on the Arista 2 Right of Way Property. Developer is presently process in the of making the determination of which of these two locations will better the "Arista Sign"). Once it has been serve Developer's need for such a sign (hereinafter,erved bya signon the Arista 1 Right of determined whether Developer's needs will be b will submit to the Town for itser Way Property or the Arista 2 Right of Way Property,Developer Inc. (the approval other improvement plans also being prepared by Neill/Vecchia&Associates, "Plans for the Arista Signs") for the construction of one additional monument sign which will also serve Parcel 1 and which is to be located either on the Arista 1 Right of Way Property or the Arista 2 Right of Way Property as indicated in such Plans. G. The Town has approved the Plans for the Crestview Sign and has agreed to permit the Developer to construct and maintain the Crestview Sign on the Crestview Right of Way Property,on the terms set forth herein. H. The Town has also approved the concept and has agreed to permit Developer to construct and maintain the Arista Sign on either the Arista 1 Right of Way or the Arista 2 Right of Way, upon submission to and approval by the Town of the Plans for the Arista Sign indicate which of the two Arista sites has been chosen by Developer for the Arista Sign. I. To facilitate construction and maintenance of the Crestview Sign and the tArista Sign, MCO, the Developer and the Town are entering into this Agreement pursuant o the provisions of A.R.S. 9-500.05. NOW, THEREFORE, in consideration of the foregoing and the mutual promises and agreements set forth herein,the parties agree as follows: ti . MCO herebydelegates and assigns, and 1. Partial Assignment and Assumption.,! Developer hereby assumes, MCO's rights and obligations under the Development Agreement with respect to Parcel 1. 2. The Crestview Work. Developer shall install the Crestview Sign on the Crestview Right of Way Property in accordance with the Plans for the Crestview Sign (the "Crestview Work"). Developer shall maintain,repair and replace the Crestview Sign and bear all expenses incurred in connection therewith. 3. The Arista Work. Prior to commencing any work on the Arista Sign,�De Developer shall present the Plans for the Arista Sign to authorized representative (the "Town Representative") for review and approval of such Plans. The Plans for the Arista Sign shall indicate whether it is to be built on the Arista 1 Right of Way Property or the Arista 2 Right of Way Property. The Town Representative shall either approve or reject the Plans for the Arista Sign within fifteen(15) days after receipt of such plans. If the Plans for the Arista Sign are rejected, then the Town Representative in its written notice of rejection to Developer shall set forth what corrections, additions or modifications are required to • render such plans acceptable from the Town's perspective. Developer may then.caus such plans to be corrected, modified and/or amended as appropriate and then resubmit the corrected, modified or amended Plans for the Town's approval in accordance with this same procedure. -2- K:�ti 00974403 Sapp D«MR z ao6 02/12/01 16:14 FAX 6022345893 BEUS,GILBERT• 015 Once the Plans for the Arista Sign have been approved by the Town Representative,Developer kw' shall install the Arista Sign in accordance with such plans as approved for either the Arista 1 Right of Way erty or the Arista 2 Right of Way Property, as disclosed to the Town in the forSign the Arista (the"Arista Work"). Thereafter, Developer shall maintain, repair and Plans replace the Arista Sign and bear all expenses incurred in connection therewith. 4. Cooperation. The Town shall cooperate with Developer as reasonably necessary in connection with completion of the Crestview Work and the Arista Work and maintenance of both signs contemplated hereby. 5. Easements. The Town hereby grants to the Developer a non-exclusive easement upon and across the Crestview Right of Way Property,for the purpose of constructing,installing, reconstructing, replacing, removing, repairing, and maintaining the Crestview Sign upon the Crestview Right of Way Property, together with the right of ingress and egrThe Toto, wn hereby across and along the Crestview Right of Way Property in connection therewith. grants to the Developer a non-exclusive easement for the Arista 1 Right of Way Property and the Arista 2 Right of Way Property, for the purpose of constructing, installing, reconstructing, replacing,removing,repairing,and maintaining the Arista Sign upon either the Arista 1 Right of Way Property or the Arista 2 Right of Way Property,together with the right of ingress and egress to, from, across and along the Arista 1 Right of Way Property or the Arista 2 Right Way Property in connection therewith. Upon the installation of the Arista Sign on either Arista 1 Right of Way Property or the Arista 2 Right of Way Property, any claim to an easement over or across the other Arista Right of Way Property where the sign was not erected shall be automatically extinguished without further action of the parties hereto. 6. Indemnification, Developer shall indemnify and hold the Town harmless from Land against any and all damage or injury of any kind or nature to all persons and property caused by,resulting from, arising out of or occurring in connection with the Crestview Work,the ta Work,the Crestview Sign, and the Arista Sign, except to the extent, if any, expressly prohibited by statute or caused by Town's willful misconduct or gross negligence. 7. Successors anal Assigns. Developer may delegate and assign its rights arid obligations with respect to the Crestview Sign and the Arista Sign hereunder, including without limitation its rights and obligations pursuant to sections 2 through 6 hereof, by a written instrument recorded in the Official Records of Maricopa County, expressly delegating and assigning such rights and obligations. The party assuming such rights and obligations may include,without limitation,a property owners association organized with respect to Parcel 1. 8. (a) Capitalized Terms. All capitalized terms used in this Amendment shall have the meanings ascribed to them in the Development Agreement unless otherwise indicated herein. (b). Counterparts. This Agreement may be signed in counterparts, and the : fully executed counterparts shall together constitute a single original Agreement. -3- mioogriMGO SoPp De"AST ache 02/12/01 16:15 FAX 6022345893 BELTS,GILBERT (7j016 (c) Effective Date. The effective date of this Agreement shall be the date, of recordation hereof (d) Recordation. This Agreement shall be recorded in the Official Records ofe Maricopa County, Arizona not less than ten (10) days after this Agreement is executedby Town,MCO, and the Developer. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written below. Town: APPROVED AS TO FORM: TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation William E.Farrell Town Attorney for the Town of Fountain Hills By: _ --- Date: _ _ Its: _ Date: ATTEST: thirog Town Clerk STATE OF ARIZONA ) County of Maricopa ) The foregoing document was acknowledged before me the day of 2001,by the of the Town of Fountain _ _ _.—. — Hills,an Arizona municipal corporation,on behalf of the corporation. Notary Public My Commission Expires: Fittoo9T44co Sapp Dcv Ay a aos 02/12/01 16:15 FAX 6022345893 BEUS,GILBERT [j018 • Developer: (bor SUMMIT ESTATES LLC, a Delaware limited liability company dib/a Crestview at Fountain Hills LLC By: _ - -Its: Date: - --- STATE OF ARIZONA ) County of Maricopa ) The foregoing document was acknowledged before me the dayfo_ -SPirmit Eames -,2001,by ,as LLC, a Delaware limited liability company d/b/a Crestview at Fountain Hills LLC, on behalf of said limited liability company. Notary Public • My Commission Expires: (we -6- HAloont.eco Sapp Cleo Amr 211oc 02/08/01 16:47 FAX 6022345893 BEUS,GILBERT �jj009 "� P.14 _____. r• C.o r1 '01 uw-e..�r'1'1 M°MLQH t N (titif CRESTVIEW AT FOUNTAIN HILLS p (M.C.R.B�. 533 G. 01) PROPOSED SIGN EASEMENT at. Cretview Drive • A description legal for a proposed sign-easement located at the northwest corner of the g intersection of Shea Blvd. and Crestview Dr. Commencing at the brass cap(flush)at the intersection of Shea Blvd and Crestview Dr. said point being the point of Beginning. Thence North?degrees 41 minutes 47 seconds West along the monument line of Crestview Dr.,a distance of 115.00 feet: . • Thence South 82 degrees 18 minutes 13 seconds West,a distance of 27.00 feet to a point at the back of curb; Thence continuing South 82 degrees 18 minutes 13 seconds West,a distance of 95.00 feet; Thence South 7 degrees 41 minutes 47 seconds Last,a distance of 56.89 feet to a point at the back of curb;said point also being on a curve concave to the east whose center bears Le North 5 degrees 11 minutes.14 seconds West,a distance of 2787.03 feet; Thence along said curve through a central angle of 0 degrees 54 minutes 46 seconds, arc distance of 44.40 feet to a point of compound curvature the of which bears North 5 degrees 59 minutes 01 seconds West,a distance of 49.16 feet; Thence along said curve through a central angle of 91 degrees 42 minutes 46 seconds,an arc distance of 78.69 feet to a point; . Thence North.?degrees 41 minutes 47 seconds West,a distance of 9.43 feet; Thence North 82 degrees 18.minutes 13 seconds Fast,a.distanne of 27.00 feet; Thence South 7 degrees 41 minutes 47 seconds East along the monument line of Crestview Dr.,a distance of 115.00 feet,said point being the point of Beginning. Comprising an Area of 5,012 sq.ft.or 0.12 acres. ��D LAND Sli ce4"- ICAttti 'pz. ta C? wine O S. J�NNiNusP.4 d'ime4Y:-/ , Li 0.$.; „ I EXHIBIT "A" 02/08/01 16:48 FAX 6022345893 BEDS,GILBERT ,_,_ r�010 -'"� t k.13 `Idl 1�+�6jr"1'1 I`1C;Vi' F�N `4 L . SIGN EASEMENT EXHIBIT t • . - . . . • . ,.. _ •, . ,. .. . . 0 - . NOT TO SCALE so7.41'47"E . 1.. . *' \ (-*(n ' 9.43' ' ,l3,„W - 27.OQ cJ OO s . t N SIGN EASEMENT O . Nt) �• . Oa cQ jf illtr op. - Cz Cl --• CURVE TABLE a CURVE ' LENGTH RADIUS ci 44.40 2787.03 C2 78.69 4916 • S‘-‘E-N BL VD. -- C•0 0 Nv � 32TB$ t1 ' Cr, •-- . C> JENNING l; .1. il• / L .......... _ smcat • eaLsgiciiiamand • F 1ttBIT "A-1" 02/08/01 16:48 FAX 6022345893 BEUS,GILBERT T _ p011 r ca Y14•Gorr i t�.Vr_ r ri(110* CRESTVIEW AT FOUNTAIN lies .GR.BK 533 PG 01) SIGN EASEMENTS PROPOSED SIGN EASEMENT I at Arista Drive A descriptionle al for proposed wernents•loc ated at the intersection of Shea Blvd. • ,8 and Arista Lane. Commencing at the brass cap(flush)at the intersection of Shea Blvd. and Arista Lane . said point being the point of Beginning. Thence North 0 degrees 18 minutes 08 seconds East along the monument line of Arista Lane,a distance of 94.83 feet; Thence North 89 degrees 41 minutes 52 seconds West,a distance of 30.00 feet to a point at the back of curb; Thence South 0 degrees 18 minutes 08 seconds West,a distance of 19.98 feet to a point on a curve the center of which bears North 89 degrees 41 minutes 52 seconds West, distance of 25.00 feet; Thence along said curve concave to the southwest through a central angle of 87 the 15 minutes 20 seconds an arc distance of 38.06 feet to a point on a revers center of which bears.South 3 degrees 37 minutes 16 seconds But,a distance of 2951,91 (lar, feet; Thence along said curve through a central angle of 0 degrees 33 minutes 45 seconds,an arc distance of 28.98 feet to a point; Thence North 0 degrees 06 minutes 08 seconds West,a distance of 122:68 feet; Thence North 44 degrees 08 minutes 50 seconds East,a distance of 31.46 feet to a point on a.curve on the tight of way of Shea Blvd,the center of which bears South 3 degrees 30 minutes 18 seconds East,a distance of 3099.41 feet; • Thence along said curve through a central angle of 0 degrees 39 minutes 58,seconds,an arc distance of 36.04 feet to a point at the intersection of the right of ways at Shea Blvd and west side of Arista Lane; Thence continuing along said curve the center of which bears South 2 degrees 50 minutes 20 seconds East,a distance of 3099.41 feet; Thence along said curve through a central angle of 0 degrees 23 minutes 05 seco ,an arc distance of 20.81 feet to a point on the cusp of a curve the center of which bears South 55 demes 30 minutes 12 seconds East,a distance of 174.97 feet, LEXHIBIT "W" 02/08/01 16:48 FAX 6022345893 BELTS,GILBERT 012 * ".** G.L r rwvr r rt Thence along said curve through a central angle of 3 degrees 52 minutes 49 seconds 9 rth degrees 23 minutes 06 seconds West, , an arc distance of 11.85 feet to a point of reverse curve the center of which bears Na (Swa distance of 20,00 feet; Thence along said curve through a central angle of 30 degrees 06 minutes 32 seconds an arc distance of 10.51 feet to a pow of reverse curve the center of which bears South 29 degrees I6 minutes 34 seconds Fast a distance of 45.00 feet; Thence along said curve through a central angle of 89 degrees 17 minutes 32 seconds,en arc distance of 70.14 feet to a point of reverse curve the center of which bears South 64 degrees 06 minutes 58 seconds West,a,distance of 20.00 feet; Thence along said curve through a central angle of 34 degrees 41 minutes 33 seconds an arc distance of 12.11 feet to a point of reverse curve the center of which bears South. SS degrees 15 minutes 00 seconds East a distance of 205.01 feet; Thence along said curve through a central angle of 4 degrees 18 minutes 49 seconds,an arc distance of 15.43 feet to a point Thence South 89 degrees 41 minutes 52 seconds East,a distance of 30.00 feet to a point on the monument tine of Arista Lane; Thence South 0 degrees 18 minutes 08 seconds West,a distance of 94,83feet to a point at the intersection of Shea Blvd. and Arista Lane and the point of Beginning; (We Comprising an area of 7,700 sq.for 0.18 acres more or less, OP LA NO to G 32789 = CC MIKE F G op JeNNiNal$ 0 7 L 02/08/01 16:49 FAX 6022345893 BEUS,GILBERT p �13 , r t_ti Ki.> r.s.t. 4)--••G.I.rri l'IL.Ur t-11—. ..,, ,„. „,,,,, . ._ - ,,‘„<, . . • S1GN EASEMENT," �,, ..- (kw EXHIBIT // . • ,��,,, . - j . . / . / / . . - t>,9-\.. . / / 11 .--Ca. / Cg / . •-Aillif/ be !^ f:' ' 0� M1 j~ •,� Z r{Cl �U 1/0• Cl -y O 1 i • tri -31 t ...! '� q. O © C} ....I 1:3 t.•) 6 - u ( Ii Cr) • 1..4 M . CU N U 00 4 .1 L '; . IA CO . C1 - CURVE03 TABLE m:_lo RUB. CURVE LENGTH RADIUS Tct .28.98 2951.91 $,_ C2 38.06q 25.00, L�1171.61' r C3 15.43 20.QO.01 C4 12.11 �O R . SHEA _BLV. .. 4 .C6 to.si elan -L LINESABLE � . .. ''"" 7 1i15 �,74,97 L1W LENGTH • BEARING �" B soo ivew ,. C 099.41 Li 19`� G8 3f,04 3 .�._...__ .---- C9 2$1 3099.41� cm 16.54 3099,41 �r�� SAND sG CII 219 3n99.4i Affr`Fic147. o w y 4. C12 59.25 2964.41 $2709 • o Q MAKE F. 1 st ell?,./. .0N . .-or L .0%...,... CU 5 l4r.6*I fr i • Am 6 Of 101.01-Q g EXHIBIT "B-1" 02/08/01 16:49 FAX 6022345893 BEUS.GILBERT 1.1014 ..0 rJ✓ u y c-+•GGf i'1 J'I.Vt f t^1 (ttir CRESTVIEW AT FOUNTAIN MILS (M.C.R. BI< 533 PG Ot) PROPOSED SIGN EASEMENTS SIGN EASEMENT 2 at Arista Drive Mega!descriptionproposed for sign easements located at the intersection of Shea Blvd. and Arista Lane. Commenting at the brass cap(flush)at the intersection of Shea Blvd. and Arista Lane - said point being the point of Beginning; Thence North 0 degrees 18 minutes 08 seconds East along the monument line of Arista Lane,a distance of 94.04 feet; Thence South 89 degrees 41 minutes 52 seconds East,a distance of 30.00 feet to a point of curvature at the back of curb the center of which bears South 89 degrees 4lminutes 52 seconds East,a distance of 25.00 feet; Thence along said curve through a central angle of 95 degrees 54 minutes 41 seconds an- are distance of 41.84 feet to a point on a reverse curve the center of which bears South degrees 29 minutes 13 seconds East,a distance of 2964.41 feet; Thence along said curve through a central angle of 1 degrees 08 minutes 43 seconds,an • (sor arc distance of 59.25 feet to a point; • distance of 135.49 feet, Thence North 0 degrees 20 minutes 29 second West,a step to a point on a curve on the north right of way of Shea$Ivd the center of which bears South 0 degrees 20 minutes 29 seconds East a distance of 3099.41; Thence along said curve through a central angle of 0 degrees 18 minutes 21 seconds,an aro distance of 16.54 feet to a point at the intersection of the right of ways at Shea B vd and east side of Arista Lane; Thence continuing alongsaid curve the center of which bears South 0 degrees 38 minutes 50 secondsBast,a distance of 3099.41 feet; Thence along said curve through a central angle of 0 degrees 23 minutes 37 seconds,an aro distance of 21.29 feet to a point on the cusp of a curve the center of which bears South 46 degrees 37 minutes 0S seconds East,a distance of 169.63 feet, Thence along said curve through a central angle of 40 degrees 51 minutes 53 seconds an arc distance of 120.98 feet to a point of reverse curve the center of which bears South 89 degrees 41 minutes 52 seconds East,a distance of 25.00 feet; Thence North 89 degrees 41 minutes 52 seconds West,a distance of 30.00 feet to a point on the monument line of Arista Lane; kir E ¢iIBIT C 02/08/01 16:50 FAX 6022345893 BEUS,GILBERT (�015 _ — P.12 Thence South 0 degrees 18 minutes OS finds West,a distance of 94.04 feet to a point at the intersection of Shea Blvd. and Arista Lane and the point of Beginning; Comprising an area of 9,600 sq.ttor 0.22 acres more or less. Quo lra �,( . t y 32?89 Q •G MIKE F, ,� 4ENN({tGS eoi L 02/08/01 16:50 FAX 6022345893 BEUS,GILBERT _ Y. I016 / ../- .((/ -.• SIGN EASEMENT/ / . _ ... . ...- v..\--- ...' .... \,. ,, (kw EXHIBIT - isvk i / , .,..... ../. 4.., sic.„ , /// / / C9 ‘451 • ' • Q ? ,. i j / )7y I ;�• t 1 ....., 4, �(/) in ; At (b) a'0$` c, o (/) t I c, . ry a to , . 4 g KI * . C06 IN? i (/� ttD N a• ..a ,• X tom o t M 03. 8 $---- (..) : ; , , rt.) g C r ; r- /Or . , • "S %a r . . . Y� _.. , .. ... r. . ,. . . ... , L . . . ., e- / IX) CURVE TABLE o P POSB• CURVE LENGTH RADIUS IIIM29.99 2,51.91 . 39.06 moo 1...=1171.Si' ..— 01111111120 15.43 20501 R;2199.4 BLVD C4 12.1120.00 SHEA 70.14 45A1 • Tt1ETABLIE . CS Mt 20.00 BEARING C7 11•55 174.97 LINE LE�iC �00'18'08' GO36.a4 3099.41 Li i�. �.- C9 20.81 '099.41 Aa tio t,ANp a� C1tl 1654 3 �t�Etcnt�C1a9�Cll 21.29 3099.4L- C12 59.E 2964.41 w MIKE F. 35 g JENNING t 6113X4leier642"._,........==Lese====,26:,==.7/ridd Vie,„ 40 '110.:.Non.. 6 0 2.sr.":6W7 - Sao Oaf.fall.01.9 I IT "C-1" Chron 60 41111, . /.11A.AIN �� Town of FOUNTAIN HILLS ate. ' .04° Engineering Department that is AioPv MEMORANDUM TO: Honorable ayor and Tow ounci FROM: ' . • L. H+ ,eckf.1)\ THROUGH: P. 1. DATE: M. 00 RE: Traffic (Fire) S gnal Project Bid Award Bids were opened on February 22, 2001 for the traffic (fire) signal project at Palisades Blvd at Avenue of the Fountains (Bid No. ENG 2000-09). Five bids were received, ranging from $105,401 to $139,071 (see attached bid tabulation). Contractor's West was the low bidder at $105,635. Our engineer's estimate (prepared by our consultants, Burgess & Niple) was $146,644. Budgeted funding is $130,000, in the Street Department budget. We have not previously worked with Contractor's West, but have checked their references and also with the Registrar of Contractors. The project will require easement grants from Fountain Hills Fire District and Chaparral City Water Company. The easement preparation/granting process is underway, and will need to be complete prior to any actual construction beginning on those respective properties. Because of the lead-time necessary for the out-of-state traffic signal fabrication, we anticipate that it will be 5 months until the traffic signal poles are set in place. Please recall that this intersection did not meet any warrant as a traffic signal as of our traffic count last year but was requested to be installed by the Fire District. The signal was therefore designed and bid as an interim fire signal, to be initially operated with flashing yellow on Palisades and flashing red on Avenue of the Fountains. However, with the ongoing development of Town Center I and II, this intersection has met four traffic signal warrants based on our traffic count of 1-21-01 (only one warrant needs to be met). So, we will utilize fully actuated traffic signal operation after the startup, warning flashing period. L E:\Bids\ENG 2000-09 Bid Award Staff Memo.doc Page 1 of 2 Chron 60 Traffic Signal Operation In normal operation, the signal will operate similar to most of our other traffic signals. The major street,Palisades Blvd,will have a green light for through traffic, except when other traffic is present and activates the pavement loop detectors. Properly equipped fire and ambulance emergency vehicles will preempt the traffic signal (giving their direction a green light and all other directions a red light). An additional opticom preemption detector will be pole mounted along the fire station driveway to trigger the signal change as early as possible. (Note: Staff is working with the Fountain Hills Fire District regarding their cost in this additional opticom work.) The traffic signal includes standard street light luminaires, an internally illuminated street name sign, pedestrian push buttons, and"Walk-Don't Walk"pedestrian signal heads on each pole. We have advised the Fire District by letter that upon actuation as a fully functional traffic signal (green-yellow-red), their westerly "office" driveway entrance would be unsafe and can no longer remain. We will, prior to full traffic signal operation, remove that driveway entrance under our annual concrete contract and install a vertical curb and end of road markers. Staff recommends award of the traffic (fire) signal project to Contractor's West, Inc. in the amount of$105,635. bb att. cc: Tom Ward Leticia Carrillo (111, Larry Woodlan Robert Howes David Hansen Scott LaGreca L E:\Bids\ENG 2000-09 Bid Award Staff Memo.doc Page 2 of 2 TOWN OF FOUNTAIN HILLS MEMORANDUM TO: The Honorable Mayor and Town Council THROUGH: Paul Nordin,Town Manager FROM: Jesse Drake, Senior Planner _JQ DATE: March 9, 2001 SUBJECT: Consideration of Resolution 2001-14 supporting the Arizona Preserve Initiative grant application to obtain matching funds for the acquisition of a 1,276.02 acre portion of State Trust land abutting the northeastern border of the Town of Fountain Hills, lying within: Section 1, lots 9 through 11, all of Section 2, and all of Section 3, with the exception of the 34.96 acre Fountain Hills Middle School site, T3N R6E; and the Town's intent to provide matching funds as appropriate. This request is for approval of a Resolution which would show the Town's support of the Arizona Preserve Initiative grant application to obtain matching funds for the acquisition of portion of State (116, Trust land abutting the northeastern part of the Town of Fountain Hills. The property would be purchased to set aside for preservation and conservation purposes. Town matching funds, hopefully in conjunction with Tribal funds, would be required, and the Resolution states the Town is willing to raise the required funding with either a General Election Bond issue or another funding mechanism. The Town, in cooperation with the Fort McDowell Mohave-Apache Indian Community and the McDowell Park Association have been working since 1995 to acquire this parcel of State Land. On October 19,1996 an application was made to the State Land Department under the Arizona Preserve Initiative Act to classify the property as suitable for conservation purposes. Two years later, on October 27, 1998 the State Land Commissioner approved the application. Since that time, efforts have continued to complete both the required State Land application for purchase of the land, and an application for grant funds from the Arizona State Parks Growing Smarter State Trust Land Acquisition Program. This Resolution is a part of that process, indicating to the State Land Department the intent of the Town of Fountain Hills to provide funding should the application for the purchase be successful. L (to RESOLUTION 2001-14 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, SUPPORTING THE ARIZONA PRESERVE INITIATIVE GRANT APPLICATION TO OBTAIN MATCHING FUNDS FOR THE ACQUISITION OF A 1,276.02 ACRE PORTION OF STATE TRUST LAND ABUTTING THE NORTHEASTERN BORDER OF THE TOWN OF FOUNTAIN HILLS, LYING WITHIN: SECTION 1, LOTS 9 THROUGH 11, ALL OF SECTION 2, AND ALL OF SECTION 3, WITH THE EXCEPTION OF THE 34.96 ACRE FOUNTAIN HILLS MIDDLE SCHOOL SITE, T3N R6E; AND THE TOWN'S INTENT TO PROVIDE MATCHING FUNDS AS APPROPRIATE. WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real property located in the Town of Fountain Hills, may determine the need to set aside lands for conservation purposes, and WHEREAS, The Town Council of the Town of Fountain Hills has the authority to acquire conservation lands, and WHEREAS, All affected Town departments have received notification of the proposed land purchase; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA, as follows: Section 1. Approves the filing of an application to purchase 1,276.02 acres of State Trust Land abutting the northeastern border of the Town of Fountain Hills lying within Section 1, lots 9 through 11, all of Section 2, and all of Section 3, with the exception of the 34.96 acre Fountain Hills Middle School site, T3N R6E, legally described and depicted herein as Attachment"A"; and Section 2. Certifies that the Town of Fountain Hills will comply with all appropriate State and Federal regulations, policies, procedures, guidelines, and requirements as they relate to the application; and Section 3. Agrees that the Town of Fountain Hills will diligently work with the Fort McDowell Mohave-Apache Indian Community to share the costs of the land acquisition, and that the Town of Fountain Hills will enter a bond election within a time period sufficient to provide the Town's portion of funding needed for the acquisition or provide funding from another municipal source; and (kir Section 4. Certifies that the Town of Fountain Hills will apply for a grant of matching funds of at least fifty percent (50%) of the allowable acquisition costs through the Arizona State Parks Growing Smarter State Trust Land Acquisition Program; and Section 5. Appoints Paul L. Nordin, Town Manager, as agent of the Town of Fountain Hills to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, amendments, billing statements, etc. which are necessary for the completion of the aforementioned project. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 15th day of March, 2001. FO TOWN 0 FOUNTAIN HILLS ATTESTED TO: Sharon Morgan, Mayor Cassie B. Hansen, Director of Administration/Town Clerk REVIEWED BY: APPROVED AS TO FORM: i Paul L. o din, own Manager William E. Farrell,Town Attorney L Resolution No.2001-14 Page 2 of 2 EAh1Vlt A BOUNDARY RY SURVEY LEGAL That portion of Sections 1,2,3 & 12, Township 3 North, Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, and being more particularly described as follows: BEGINNING at the common corner of Sections 2,3,10 & 11 of said T.3 N., R.6 E., said point also being on the Northerly line of the Town of Fountain Hills Incorporated Boundary(TOFH INC BDRY), according to Maricopa County Board of Supervisors resolution declaring the incorporation of the Town of Fountain Hills, dated the 29 of December, 1989; THENCE South 89degrees53minutes45seconds East along the North line of said TOFH INC BDRY, said line also being the South line of said Section 2, a distance of 2628.94 feet to the South 1/4 corner of said Section 2; THENCE South 89degrees55minutesl0seconds East along said North line of TOFH INC BDRY, said line also being the South line of said Section 2, a distance of 2639.95 feet to the Southeast corner of said Section 2, said corner also being common with said Sections 1, 11 & 12; THENCE South 00degrees l l minutes3 9seconds East along the East line of said TOFH INC BDRY, said line also being the East line of said Section 11 a distance of 341.32 feet to a point of intersect of the East line of said Section 11 and the West boundary of the Fort McDowell Indian Reservation; THENCE leaving said TOFH INC BDRY and said East line of Section 11 North 06degrees22minutes47seconds East along the West boundary of said Fort McDowell Indian Reservation, a distance of 343.13 feet to a point of intersect with the line between said Sections 1 & 12; THENCE continuing along said West line of the Fort McDonnell Indian Reservation North 06degrees33minutes21seconds East, a distance of 5314.96 feet to a point on the North line of said Section 1; THENCE leaving the West line of said Fort Mcdowell Indian Reservation along the North line of said Section 1, South 89degrees45minutes30seconds West, a distance of 656.48 feet to the Northwest corner of said Section 1; THENCE South 89degrees37minutesl lseconds West along the North line of said Section 2, a distance of 2639.25 feet to the North 1/4 corner of said Section 2; THENCE continuing along said North line of Section 2, South 89degrees 40minutes27seconds West, a distance of 2638.92 feet to the Northwest corner of said Section 2; THENCE along the North line of said Section 3, South 89degrees38minutes30seconds West, 2708.95 feet to the North 1/4 corner of said Section 3; Page 1 of 2 JHF 8 May, 2000 continued THENCE continuing along said North line of Section 3 South 89degrees41minutes L52seconds West, a distance of 2571.89 feet to the Northwest corner of said Section 3, said corner also being a Northeast corner of said TOFH INC BDRY; THENCE South 00degrees19minutes17seconds East along the West line of said Section 3, said line also being an East line of said TOFH INC BDRY, a distance of 2566.57 feet to the West 1/4 corner of said Section 3; THENCE continuing along said West line of Section 3 and said East line of TOFH INC BDRY South 00degrees21minutes07seconds East, a distance of 2642.12 feet to the Southwest corner of said Section 3, said point also being an angle point on said TOFH INC BDRY line; THENCE North 89degrees56minutes54seconds East along the South line of said Section 3, said line also being the North line of said TOFH INC BDRY, a distance of 2640.82 feet to the South 1/4 corner of said Section 3; THENCE continuing along said South line of Section 3 and said North line of TOFH INC BDRY North 89degrees59minutes14seconds East, a distance of 2638.76 feet to the Southeast corner of said Section 3, said point also being the POINT OF BEGINNING. EXCEPT the following described parcel of land: Commencing at said Southeast corner of Section 3; THENCE along the South line of said Section 3, South 89degrees59minutes14seconds West, a distance of 281.70 feet to the POINT OF BEGINNING; THENCE continuing along said South line of Section 3, South 89degrees59minutes 14seconds West, a distance of 1037.73 feet; THENCE North 00degrees42minutes04seconds West, a distance of 1319.10 feet; THENCE South 89degrees59minutes52seconds East, a distance of 1186.09 feet; THENCE South 00degrees42minutes04seconds East, a distance of 897.42 feet to a point on the westerly Right-of-Way line of McDowell Mountain Road; THENCE along the the westerly Right-of-Way line of McDowell Mountain Road being a non-tangent curve to the left, having a local tangent bearing of South 38degrees30minutes20seconds West with a radius of 612.96 feet with a length of 334.73 feet; THENCE along the westerly Right-of-Way line of McDowell Mountain Road South 07degrees13minutes00seconds West, a distance of 117.68 feet to the POINT OF BEGINNING. Subject to all recorded easements. 7/6.LAND \ ,Q%Q.��FICA1; G,Q This parcel contains 1,276.02 gross acres more or less. ' �<< �166 0 : . _ JOHN H. • O FIRESTONE Page 2 of 2 °' -05e: �S'� • gn JHF qq/IDNA,0 51k. ,,, 8 May 2000 1 oi 1 41 6,_I . .., EL .., • ... . • 5 ;'-'< : 1 it 4 :t11,„' ...1 i 1 1-, •0 i , i • - ..1 i ,i, : - ' *„ I I i,f i ip. .11.f;rio.-1, J Ifq. ll : .1 ! IA .1--/ . kw. 14 „II pilxj will;1! ph!li i ii. ;6111 piiii ! II!611;P m g 1 ..< .. .. k 1 .iv =plipio:J i 2'Jle.i 0 1"1:1 1"14 / - tf .,', LT,..1114.1!11.0 J'' i 4-11 ili!" ilif' g.IT -. Z°11 11 lill dl 'igiVIIiiiii !11-i2 Ei',lit!,41141011: 4 liil i::.A. ,1 -140,11;110,01,14, f', Ili s! 10 i;' fit;1;i iSlif 3 1.1-if.pili i. i 6 41 111,9,44.111f!'yli VIDA i:J- I::wibili.ii° ',, -.7i:ill Vi,; -1. , 3.5f3L00;"' ,,,,-..... ..... 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