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HomeMy WebLinkAbout2001.0614.TCSEM.Packet Nk1 NOTICE OF SPECIAL AND EXECUTIVE o cf, N OF THE oIII SESS O FOUNTAIN HILLS TOWN COUNCIL ghat is ADP- Mayor Morgan Councilman McNeill Councilwoman Hutcheson Vice Mayor Wyman Councilman Kavanagh Councilwoman Fraverd Councilwoman Ralphe WHEN: THURSDAY, JUNE 14, 2001 TIME: 6:00 P.M. (THE COUNCIL WILL BE IN EXECUTIVE SESSION FROM 6:00 P.M. TO 7:00 P.M. THE REGULAR SESSION WILL BEGIN PROMPTLY AT 7:00 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, 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). kiw 2.) RETURN TO REGULAR SESSION Town Council Meeting Agenda Special Session June 14,2001 • CALL TO ORDER—Mayor Morgan • PLEDGE TO THE FLAG Le • INVOCATION—Vice Mayor John Wyman • ROLL CALL 1.) Consideration with possible action to APPROVE OR DISAPPROVE A SETTLEMENT AGREEMENT to resolve all pending lawsuits with MCO Properties concerning the Fountain Hills McDowell Mountain Preserve, the proposed Eagle Ridge North and Eagle's Nest subdivisions, and all issues relating to the validity and content of the Town's Subdivision Ordinance. 2.) 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. 3.) ADJOURNMENT. 6 )...L.,...., DATED this 13th day of May,2001 L.,,,,, Cassie B.Hansen,Crector 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- (4, (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 2 of 2 Last printed 06/13/01 3:27 PM k, Shepherd the Hills of Lutheran Church 4 Joel S.Bjerkestrand,Pastor JUNE 14, 2001 Mayor Sharon Morgan Town Council Dear Mayor Morgan and Members of the Town Council, I am unable to be present with you for tonight's Council meeting. I am writing to encourage you to vote to approve the agreement between the Town of Fountain Hills and MCO as stated in the Fountain Hills Times three weeks ago. I sense the citizens of our town are ready for all parties to move on with an agreement that seems to be for the good of all under the circumstances. Thank you for considering my sentiments in this letter. Sincerely, with blessings, /?5,z2-4 (---;/wPve Pastor Joel Bjerkestrand C P.O. Box 17444• Fountain Hills,Arizona 85269•(602)837-9532•Fax(602)816-6168 McDOWELL PRESERVE SETTLEMENT AGREEMENT (so At a Mediation Conference held Saturday, May 12, 2001, and in subsequent discussions, MCO Properties, L.P. ("MCO") and the Town of Fountain Hills ("Town") reached the following binding agreements, pursuant to Rule 80(d)of the Arizona Rules of Civil Procedure. The parties wish to express their mutual understanding of certain terms and conditions contained herein. Both parties have agreed that a public process toward stated goals and objectives is in the best interest of the parties. Both parties are aware and acknowledge the considerable sums have been expended and will continue to be expended in an effort to reach a fair settlement of the parties differences. Toward the end of harmony and in a spirit of trust and cooperation the parties do hereby agree as follows. The term "binding" is used herein but the agreement remains subject to the conditions described below and elsewhere herein. Neither side may bring a cause of action against the other for any failure of any condition under this agreement. The parties agree that they are bound to attempt in good faith to seek plat approval of 415 dwelling units and the transfer of 354 acres for a sum of$13,500,000. MCO acknowledges and agrees that the Town Council may fail to vote to approve either the preliminary or final plat. The Town agrees that if it approves a preliminary plat that MCO retains the right to either proceed to final plat or withdraw from the process. The Town agrees that any final plat approved by the Town in this process must be approved by MCO before assurance of construction and recording occur. The Town and MCO agree that MCO may submit plats using the terms and conditions set forth in paragraphs 5 and 9 and that the Town will not reject said plats (iw because the plats exceed subdivision text as submitted. MCO understands and agrees that the P&Z commission may recommend other stipulations and conditions upon approval of the plat and that the Town Council may uphold or revise those stipulations at the time of its public vote on the preliminary plat. The parties agree that if the preliminary and or final plats are not approved and or MCO chooses not to go forward as provided in the agreement then the sole remedy for either side is the resumption of all litigation placed on hold as a result of this agreement and the requirement of a referendum election no later than May 2002. The parties further agree that subsequent documents will be needed for the complete and total settlement of the rights of the parties and that those documents can include escrow instructions, legal descriptions, forms of judgment, deeds, plat notes, deed restrictions, ordinance amendments and a development agreement. 1. The final Settlement Agreement shall be effective only upon approval of the Town Council and MCO Board of Directors. 2, The Town shall acquire 354 +/- acres described as all or portions of MMPC Parcels 1, 2, 3, 4, 7 and 8, as depicted on the attached map. Paragraph 5.vi below further describes the intent of the parties as to the acquisition. MCO will delineate development envelopes for lots 103, 104, 105, and 106 on the preliminary plat for Eagle Ridge North. MCO will record deed restrictions on those lots immediately adjoining the Preserve trail system, notifying future owners of such trail system. (haw Z:\MCO Settlement Agreement\CleanFinalSettlementAGT.wpd 6/20/01 4:47 PM . T 3. The identified areas of MMPC Parcels 1, 2 and 3 (as depicted on the (kw attached map and commonly referred to as the existing jeep trail) will be utilized for gated fire/emergency vehicle access and MCO will be granted all rights and easements necessary to construct the unpaved emergency access-only roadway and to construct and maintain underground utilities within the roadway corridor. The emergency access corridor will be a maximum of 20 feet wide (or such other less obtrusive configuration as may be allowed) and shall be constructed in such a manner as to allow the joint use as a trail. MCO shall return the surface to as natural a state as reasonably possible, including needed revegetation and natural color restoration. The roadway will be maintained by the Town after expiration of any construction warranty. It is the intent of the parties that this gated, unpaved, emergency vehicle access be used only in cases where the southern entrance to Eagle Ridge North is blocked. 4. The MMPC Parcel 5 roadway (as located on the final plat) shall be a public roadway. Mass transit vehicles shall be prohibited from the Area 5 roadway. MCO will construct a sidewalk on one side of the Parcel 5 roadway and one or more bicycle lanes, not to exceed eight feet in aggregate width, within the standard right-of-way for the Parcel 5 roadway. The Parcel 5 roadway shall be constructed to Parcel 3 prior to the date that any certificate of occupancy is issued for home construction within Eagle Ridge North and/or Eagles Nest. A mutually acceptable date for the completion of the public right-of-way to the (hw trailhead site shall be noted on the final plat and in the assurances of offsite construction. 5. MCO will be granted the following rights, approvals, waivers; and other matters as follows. The provisions of this paragraph 5 are intended to serve as development guidelines and standards to be used in the plat approval process; provided;however;that, subject to the foregoing, the Town Council shall retain its final approval discretion with respect to the waivers or approvals set forth in paragraphs 5iii, 9iii and 9iv. The final plat as approved must be acceptable to MCO. i. Lot count on the remainder property retained by MCO will be 415 units; 240 in Eagles Nest, 175 in Eagle Ridge North. The counts within each plat are subject to minor adjustment by MCO prior to final plat approval, provided the total of 415 lots is not exceeded. Roadway and lot line layouts, etc. will be based generally on MCO's January 2000 (543 lot) plat as modified by the attached map. ii. With respect to the individual homeowner improvements on the lots to be developed, the disturbance amount will be an average of 21,000 square feet per lot, inclusive of construction disturbance buffers (but in no event more than 35,000 square feet on any individual lot) or the (my amount calculated per lot based on the retained MCO property using the "gross" method of calculation, whichever is greater. Individual lot Z:1MCO Settlement Agreement\CleanFinalSettlementAGT.wpd 6/20/01 4:47 PM -2- disturbance amounts will be reflected on the final plats (on a per-lot basis).All disturbance amounts shall be exhausted through the per-lot allocation on the final plats. There will be no residual disturbance allowance retained by MCO for on- or off-site additional disturbance. There will be no transfer of hillside disturbance from Town-acquired lands. All subdivision improvements, including but not limited to all road, utility line; and water tank construction, are exempt from inclusion in the "gross" disturbance calculation (i.e., with respect to subdivision infrastructure, all necessary disturbance will be permitted without disturbance penalty). MCO will use good faith efforts to avoid locating wet utilities within wash areas. iii. Cut and fill waivers will be granted to permit construction of the roadway system reflected on the attached map (see section vii below for wash crossings requiring bridges); iv. Road grades above 15% (but in no event above 18%) for up to 400 feet will be approved for private hillside local roads. v. The ordinance requirement for retaining wall height will be modified to allow six-foot high retaining walls for cut slopes and eight-foot high retaining walls in fill slopes, with the horizontal requirements of the Subdivision Ordinance to be met in the case of multiple walls; vi. There will be one reservoir and access corridor within the Preserve serving Eagle Ridge North as indicated on the attached map. A second reservoir and access corridor serving Eagles Nest shall be selected by the Town from the two option locations shown on the attached map. MCO will be granted necessary and appropriate easements and other rights, but not fee title, to permit construction and maintenance of the reservoirs, access roads, and related .improvements which shall be designed to be as unobtrusive as possible. The reservoirs shall not be visible from the view-shed reference points. vii. MCO will construct seven (7) bridges (each consisting of fill adjacent to each wall of the wash and a center bridge span of 40 feet), of the type depicted on the attached illustration, and two (2) eight foot high con arches, at the locations designated on the attached map; viii. Full gating of Eagles Nest and local road gating of Eagle Ridge North (the Area 5 roadway shall not be gated) will be provided for on the final plats; ix. The Zoning Administrator has determined that the emergency access described in Paragraph 3 eliminates the single entrance 90-unit Z:\MCO Settlement Agreement\CleanFinalSettlementAGT.wpd 6/20/01 4:47 PM -3- limitation for Eagle Ridge North. This decision shall be embodied in a Ldetermination of the Zoning Administrator; x. Cul-de-sacs shall be no longer than 2,900 feet and shall not include more than 25 lots; xi. Loop road lengths up to 3,500 feet will be allowed; additionally, one loop road of up to 6,000 feet will be allowed beginning at Lot 65 in Eagles Nest, and one loop road of up to 6,000 feet will be allowed beginning at Lot 54 in Eagle Ridge North; xii. Stopping distance and line of sight will be per AASHTO Standards; and xiii. MCO's rights to develop Eagles Nest and Eagle Ridge North will not be subject to more stringent ordinances or administrative interpretations than were existing at January 2000, nor will the Eagles Nest/Eagle Ridge North land be subjected to any Town moratorium unless such moratorium is imposed on all vacant residential lots in Fountain Hills. 6. The Town will pay to MCO the settlement principal amount of$13.5 million for 354 +/- acres. Interest will be paid on the sum at the LGIP pool interest (iw rate available to the Town, from August 19, 2001 to the date of actual payment(s). At the Town Manager's option, up to$1.5 million (principal)may be deferred for up to three (3) years with interest to accrue at the statutory rate applicable to condemnation actions. The Town's payment obligations shall be embodied in a final judgment in the condemnation litigation. Except for the deferred amount described above, payment shall be made within ten (10) days of final plat approval for both the Eagles Nest and Eagle Ridge North plats. 7. The Settlement Agreement will include conceptual site plans and standards for (i) the construction of the MMPC Area 3 trailhead, that includes parking for two (2) school buses, and (ii) related trail system. The final site plans and standards shall be the result of a joint planning process between the Town and MCO, with final approval resting with the Town. 8. The Settlement Agreement shall be conditioned upon the preliminary plat approvals by or before September 20, 2001, and final plat approvals by or before December 7, 2001. Such approval dates may be extended at MCO's election. No interest shall accrue on the Paragraph 6 payments for the time period of any postponement of final plat approval, resulting from any MCO requested delay in the plat review and approval process not resulting from a Town-requested delay in such process. The parties will agree on a mutually acceptable plat processing schedule consistent with the above Z:1MCO Settlement Agreement\CleanFinalSettlementAGT.wpd 6/20/01 4:47 PM -4- approval dates. The Town shall waive all plan check and construction permit fees for subdivision improvements for Eagle Ridge North and Eagles Nest. 9. The following other engineering and construction design matters shall be used in connection with the submitted plats. The lot width to lot depth ratio of 3:1 will be measured against disturbance envelopes (exclusive of the driveway envelope). ii. The Town will abandon the non-vehicular access easement at the intersection of Mountain Parkway and Sun Ridge Drive and the residual portion of Plat 507-E. iii. The designs of typical roadway cross sections will be incorporated into the Settlement Agreement. iv. The Settlement Agreement will provide that the Town Engineer will designate a reasonable driveway location if, in the opinion of Town Engineer,a lot is in minor nonconformance with the"Driveway Policy." v. The top edge of cut banks adjacent to roadways, where the slope meets the natural terrain, may be "feathered" or "rounded" without disturbance penalty. (kw vi. Homeowners can add natural vegetation at front entrances and along driveway corridors with drought tolerant materials,without disturbance penalty. 10. The parties shall stipulate to entry of an order for immediate possession, a final judgment and final order of condemnation consistent with the terms of the Settlement Agreement. The stipulations shall be filed with the Court only after satisfaction of all conditions (e.g., final plat approvals) to effectiveness of the Settlement Agreement, and a final order of condemnation shall be entered only after the Town has made the final payment (including interest) required under the Settlement Agreement. The parties shall jointly request continuance on the inactive calendar through January 1, 2002 to effectuate this agreement. If the transaction does not close, then the Town shall not be entitled to immediate possession under this paragraph, but shall have the right to seek immediate possession under A.R.S. §12-1116. 11. The lawsuits between the parties challenging the open space ordinance provisions and the referendum will be dismissed with prejudice (and, in the case of the referendum lawsuit, the dismissal will acknowledge that no election shall be held). The parties will work cooperatively to obtain court permission to cease all work on all pending cases during the time needed to (iriw implement this agreement. Z:\MCO Settlement Agreement\CleanFinalSettlementAGT.wpd 6/20/01 4:47 PM -5- • y t 12. Each party shall bear its own costs and attorney's fees in the pending lawsuits (assuming effectiveness of the settlement) and its own costs and attorney's fees incurred in connection with the negotiation and drafting of the Settlement Agreement. The Mediator's fees shall be paid one-half (1/2) by MCO and one-half (1/2) by the Town, including fees incurred in connection with the May 12, 2001 Mediation Conference. 13. Subject to the approvals and conditions set forth herein, it is the parties' intention that this Agreement constitutes a binding agreement of all parties. 14. MCO's representatives Hank Lickman and Paul Gilbert, Esq. shall each publically announce their support for, and endorsement of, the settlement reflected in this agreement and shall actively seek the Town Council's approval required by this agreement and by the Settlement Agreement. 15. The Town Council shall approve or reject the Settlement Agreement by or before June 14, 2001. 16. The parties will promptly advise the Court in the three pending cases of the tentative settlement. If the settlement fails for any reason, the cases will be reset at the earliest possible date. 17. MCO will provide pedestrian and bicycle access from the Golden Eagle Boulevard gate (to Eagles Nest) over private streets via an easement to culminate at a point between Eagles Nest lots 29 and 30 which shall provide access to the McDowell Mountain Park. MCO shall work with the Town to relocate the gate on Golden Eagle Boulevard to provide public parking spaces prior to entry into the subdivision, which parking area shall be owned and maintained by the Town. 18. Hillside protection easements shall be dedicated to the Town at the time of building permit issuance and shall encompass all of the lot except for the platted disturbance allowance. 19. Chain link disturbance fencing will not be required for subdivision infrastructure (road and utility line) construction. Iron stake, rope and flags will be required and customary subdivision ordinance penalties will apply to disturbance violations. 20. The services of a mutually acceptable mediator will be utilized in the event of any impasse reached during the plat review processes or if there is any question regarding the interpretation or intent of this Memorandum. 21. The "alternate route" (Rhodes Court) condemnation resolution will be rescinded at the time of final plat recording. L Z:1MCO Settlement Agreement\CleanFinalSettlementAGT.wpd 6/20/01 4:47 PM -6- v . It (i00, Accepted and agreed to this/ 7 dayof June, 2001, byMCO Properties, L.P. and the p Town of Fountain Hills. Town of Fountain Hills, an Arizona municipal corporation ,1 By: G�''l/ Its. APPROVED AS TO FORM AND CONTEN • Pgizi William E. Farrell Town Attorney for the Town of Fountain Hills Kft3 AT ST: (AA/JAL- Cassie Hansen lbw Town Clerk for the Town of Fountain Hills MCO Properties L.P., a Delaware limited partnership By: MCO Properties Inc., a Delaware cor•,g .tion, • -neral partner B : e_ Its: G • r airman of the Board L Z:\MCO Settlement Agreement\CleanFinalSettlementAGT.wpd 6/20/01 4:47 PM -7- ALTERNATIVE WATER RESERVOIR ALTERNATIVE LOCATIONS FOR SITES FOR EAGLES NEST '\ END OF ACCESS CORRIDOR TO \ ...di- McDOWELL MOUNTAIN PARK - \ %'` ,�a�J° 'Sr,i ; j, L,1 -3P 13a�.. 30 �, �l -,111 39(}'e �`/' <\L• , .. to,'� •: / ';`','�'OS ` %`' 'J_'-_ 7+i -%'��' 1 -. 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'•\r��.=Cti:-(IIR� � ..-:\. 1"^ ,731 "gym •`� � r `' 18.68 Acres - , `>-,,,--1 -../ 7 % ..- IaR / LLL 1 / • .k .,ea\lea- ' :\,w▪ \M ,.}`-,ro,�:togto:,/'1 ,\,�:..( mn N-.,•- '—,',i — - -c AREA 3 ?;-\=`;J.\lar,,aa \Y. --`•�i , �,; 3 ..m L 'r-`-YPn.a,� , ; 1'' / f 61.70 Acres \ 1 \ ' , ,aa7`, 3,.<; • 1 1 ` \ \ \ • • 30• ,. AREA 4 " �' i'.Ix OIMMIMIIMMIMMIMMIIMMMII 28.76 Acres F,. FIRE/EMERGENCY Water VEHICLE ACCESS ROADWAY 4 Water it AND UTILITY EASEMENT 4mem92 Acres , , los 1 la,/ " rile 0\l: I", , 1 107 1 KM �q /,m AREA 5 \ / ,,,,,P,a,; 13.92 Acres \ut\•\ `�. ua\"ae rP / / a , v Tn; °--- / ".--•' `•IlOy.e .'' -?tip...,/77 %.: -1`__.1 .. ,�o-" `t't,,,, ,,` s'ux yf`t{',�a —TRAILHEAD / Ix/,,133 1 \J/� „r ry' \.',•'•'- f/a7�`, • ' -d '` ,>r \J � ./,. �`� ,,, ��"�".. ``\ EAGLE RIDGE NORTH ,0ej�,sa , ;'� � , `�,i n7`,.\ ,\:;�j 7ri • \4 .2,; .tom-/`a, ,/int o,,,,n,\;`,:'tly /`\,"7 +•::Y!rl-, ,' l"IOr: r \ '. ''Y '� '''r`, /' i) as '\U�.- ,..,� ` F..\,711,1Y7\ Inn'1` \I31, '1x. 63/ Y '.�, `.'• / \ 2500 Elevation __,, ,el,,;e/147,i. •, L 7M1\\ . c_- ,a3\s`.,;==`� .. 147 \„ ao -dp\7M1. / /T 2600 Elevation `,,P, �-�'. ;% ���,�,� �Y:`° ..1,!"'New Trails / .( ",a•';;,`,,,33▪/~', a� "Iai I_ a,`\17 • ) \: f i ,ez ''\ l j •1 .:f s.,. ,s7 , i a'l ao j a., to I % '\t /l lay'':` / \ �!. ^`'-'•:- / {%_' 1 \ OR,.."'�Trails in existing dirt roads `: �` '1e,\la: ,..•' r`"'�"�!; ,` •;;�., - „; ) ./ 30 a, in to,.'" / Wildlife Sensitive Crossings It~ oC41f,- ' 'r !z ,"S Bridges(7 locations) �a =%3a .-- `..,.. ,\I /; j.,.< —L_ %.-- %�;: _ / to - ~, Con Arch(2 locations) , 13� 1 40,1 ...'.P-- • ,eP`a1 \ 1 ,, (hwTown of Fountain Hills ,' Land Acquisition t73'•'^' <� : Cl/ Eagle Ridge North & Eagles Nest __v NORTH n.t.s. MAY 2001 1 c :_ ,- `u� �°.g. -"-t: Is i ifY ._., 1 k f � des 's`w r" y., ...., * /' ! ,.. «`, x $cif '_ Ty ti Cif : ' ." r v `N .'..\ 1 .. •- § 1 .. :- Via„ R (Iii, Single Span Bridg e