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HomeMy WebLinkAbout2001.0920.TCRM.PacketTown Council Meeting Agenda Regular Session September 20, 2001 NOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Morgan Councilman McNeill Vice Mayor Wyman Councilwoman Fraverd Councilwoman Hutcheson WHEN: THURSDAY, SEPTEMBER 20, 2001 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B Councilman Kavanagh RULES FOR ADDRESSING THE COUNCIL —ADOPTED 1118190 Councilwoman Ralphe 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 tllowing rules of order if you wish to speak: 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 • PLEDGE TO THE FLAG • INVOCATION — Councilman John Kavanagh • ROLL CALL Mayor's Report: Mayor Sharon Morgan will give an update on: ♦ the medical condition of Town Manager Paul Nordin ♦ McDowell Mountain Month the fountain ♦ the grand opening of the Community Center and Library buildings on September 29, 2001 the committee, Chaired by Councilman Kavanagh, appointed to plan the Town's official memorial for the life changing events of September 11, 2001 ♦ the task force comprised of Captain Scott Penrose of the Sheriff's office and Marshal Gendler to coordinate a special effort regarding the safety of the citizens of Fountain Hills Town of Fountain Hills Page 1 of 2 Last printed 09/19/01 1:46 PM Town Council Meeting Agenda Regular Session September 20, 2001 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 September 6, 2001. *2.) Consideration of RENEWING the annual wash cleanup contract with Five Star Landscaping. *3.) Consideration of AWARDING the bid to Sage Landscaping for the annual landscape contract in the amount of $121,656.68. *4.) Consideration of RESOLUTION 2001-43 abandoning whatever right, title, or interest the Town has in a drainage easement located along the southerly property line of Lot 31, of Plat 606-Amended, (15216 Sunburst Drive) as recorded in Book 428 of Maps, Page 50 records of Maricopa County, Arizona. (First Habitat Development Group) EA01-19 5.) PRESENTATION by John Rosenquist, Chairman of the Community Center Contribution Fund, to Mayor Morgan of a check in the approximate amount of $174,000 to be used for furniture, fixtures and equipment in the new Community Center. The presentation will include recognition by Bob Yordy and Michael Fleck on behalf of the Arts Council for the group's efforts in raising funds for public art. 6.) INTRODUCTION of Mark Mayer, the new Director of Parks and Recreation. 7.) Discussion and possible action on a GRANT OF EASEMENT from the Town of Fountain Hills to the Fountain Hills Sanitary District for a well site adjacent to the new Community Center. 8.) UPDATE AND DISCUSSION of the preliminary plats for Eagle Ridge North and Eagles Nest, the proposed subdivisions located in the McDowell Mountains that were approved by the Planning and Zoning Commission on Monday, September 10, 2001. Discussion will cover all aspects of the project including, but not limited to, cut and fill waivers, preliminary plats and a right-of-way abandonment in Eagle's Nest. Council action on the items related to these projects is scheduled for the October 4 meeting. 9.) 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. 10.) ADJOURNMENT. DATED this 19th day of September, 20011,_ n/L�.. loLfvti.a 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 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. Town of Fountain Hills Page 2 of 2 Last printed 09/19/01 1:46 PM Town of Fountain Hills Office of the Mayor A Proclamation WHEREAS: The preservation of the McDowell Mountains and the Sonoran Desert has been established as a high priority of the Town of Fountain Hills and its citizens; and WHEREAS: It is the desire of the Town of Fountain Hills to celebrate its unique environment; and WHEREAS: It is also the intent of the Town of Fountain Hills to raise awareness regarding the need to preserve these valuable treasures for future generations; and WHEREAS: The Fountain Hills McDowell Mountain Preservation Commission has planned several events including story telling, public assemblies in the elementary schools, and scheduled hikes; NOW, THEREFORE, I, Sharon Morgan, Mayor of the Town of Fountain Hills, Arizona, do hereby proclaim October 2001 as: "MCDOWELL MOUNTAIN MONTH" in Fountain Hills and call upon all citizens to take a moment during this month to appreciate the beauty of this community treasure. IN WITNESS WHEREOF, I have set my hand and caused to be affixed the seal of the Town of Fountain Hills, Arizona, this 1st day of October, 2001. Sharon Morgan, Mayor Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, DIRECTOR OF ADMINIST T Date: 09/14/01 Re: SEPTEMBER 20, 2001 COUNCIL AGENDA To make up for the size of the packet two weeks ago, staff worked diligently to insure that this packet would not send anyone to a chiropractor after lifting it! After a four item consent agenda, there are only three other items for your perusal. Agenda item #5 is a celebration item. John Rosenquist, Chairman of the Community Center Contribution Fund, will present the Mayor with a very nice check in the area of $170,000. As you know, he and his committee have been working tirelessly for more than a year and a half to raise funds for the new community center. The committee established a goal of $500,000 and has been successful in raising over $400,000. Three -fifths of the funds were designated for furniture, fixtures and equipment for the community center and the remaining two -fifths for public art. Civic Association President Bob Yordy and Arts Council Chairman Michael Fleck have requested to participate in this "public appreciation item" and thank Mr. Rosenquist for the funds raised for public art. This committee has done a tremendous job in raising the funds that became even more important in light of the $2.1 million funding deficit. Appropriate recognition for Mr. Rosenquist and his committee is planned as part of the grand opening ceremonies. Agenda item #6 is yet another "celebration" item when Mr. Farrell introduces the new Director of Parks and Recreation, Mark Mayer. Agenda item #7 will be a continuation of the brief discussion that began on September 6 regarding the Eagle Ridge North and Eagles Nest developments. All items that the Council will consider on October 4 including the preliminary plats, the cut and fills, and right-of-way abandonment, have been incorporated into one agenda item for discussion purposes. Jeffrey has provided a memo updating the Council on the Planning and Zoning recommendation and outlining the revised stipulations that have been agreed to by both staff and MCO. He has also provided Resolution 2001-42 that will abandon rights -of -way on Cholula and Ramon Drives to facilitate the Eagles Nest subdivision. That's it for the agenda. We may be adding an item on Wednesday regarding the well site on the community center property. Bill is meeting with Ron Huber on Tuesday. If all the materials are in order and meet with Bill's satisfaction, the item will be added and a mini -packet prepared for your review. Page 1 of 2 September 20, 2001 Agenda Last printed 09/14/01 3:49 PM 09/14/01 September 14, 2001 I recently received an email from Joan Blankenship regarding the expiring terms of 3 Planning and Zoning Commissioners at the end of September. The application deadline is September 27 and to date, I believe Joan has received only one. Joan will have more information next week including any of the commissioners who would like to serve another term. Staff would like to place an item on the October 4 agenda appointing 3 citizens to fill the expiring terms. The question arises regarding the interview process and when that process could be scheduled. There are two possibilities to consider. The Council could schedule a special session on Tuesday, October 2 for the sole purpose of going into Esession for interviews. The second option would work if there were not many applications and that would be to schedule an Esession at 5:00 or 5:30 p.m. before the regular session on September 20. We're certainly open to third or fourth options as well! I just wanted to give you a heads up so you could check your schedules and let us know your individual preferences. There is plenty of time to receive your comments/preferences and schedule the meeting. As always, if you have any questions, please do not hesitate to contact me. PS I received an email from Bill earlier today who said they were still scheduled to return to Phoenix today. Hold a good thought for their safe return...... Also....for Susan and Roger who will be airborne within Florida today and returning to Phoenix on 4, Sunday -AND- John and Barbara whose flight to Washington was cancelled and rescheduled to Sunday....... safe journey to all..... Wash Cleanup Contract Renewal.doc Chron 207 N a — b • ftr. 190 'bat is Town of FOUNTAIN HILLS Engineering Department MEMORANDUM TO: Honorable Mayor & Council FROM: Tom Ward, Assistant Public Works Di o THROUGH: Randy L. Harrel, Town EngineerNage William Farrell, Acting Town M DATE: September 11, 2001 RE: Annual Wash Cleanup Contract Renewal The Town has an existing wash cleanup annual contract with Five Star Landscaping. This contract is for a one-year period with an option to renew for up to four additional one-year periods, with prices adjusted for inflation each year. The second year was completed in August 2001 and the third year is now up for renewal. Staff has been satisfied with the contractor's performance and is in favor of renewing the contract for a third year. The contractor has agreed to a 4.3% increase in his overall rate schedule. With the present state of the economy, we do not believe we would obtain better prices or better schedule performance by re -bidding this work. Attached is a map indicating the work area for this fiscal year. Staff recommends renewal of the annual wash cleanup contract with Five Star Landscaping. att. Cc: Five Star Landscaping David Stepanek PW 2001-01 Bid Award Staff Memo.doc Chron , , lIN II o adp N a `&7: 190 tha[ Is Hl" a Town of FOUNTAIN HILLS Public Works Department TO: Honorable Mayor and Town Council FROM: Thomas L. W 001 0THROUGH: Randy L. Hamel ��' William E. Farrell �q DATE: September 13, 2001 RE: Annual Landscape Contract Bid Award MEMORANDUM Bids were opened on September 13, 2001 for the annual landscaping contract PW 2001-01. One bid was received from Sage Landscaping. Sage Landscaping had held the annual landscape contract with the Town of Fountain Hills since 1995. Staff has been satisfied with the contractor's performance and is in favor of awarding the bid to Sage Landscaping. The amount of actual unit price increase was 7.7%. It should be noted that plans and specifications were mailed to seven local landscape contractors (including Sage Landscaping) in Fountain Hills and five contractors in the valley. Telephone calls were subsequently made to these local contractors inquiring if they planned to bid. In most cases, there were no responses to the messages left on their voice mail system. Staff recommends award of the annual landscape contract to Sage Landscaping in the amount of $121,656.68. .t att. cc: David Stepanek Dave Rau/Sage Landscaping n L,J PW 2001-01 Annual Landscape Contract Bid Tabulation Sage Landscaping Bid Description Quantity Unit Price Total Amount 1 Riprap 50 SY $ 6.32 $ 316.00 2 Parkway Grading 5,000 SY $ 0.12 $ 600.00 3 Borrow 200 CY $ 10.84 $ 2,168.00 4 Decomposed Granite (2" thick, 3/a" screened) 25,000 SF $ 0.32 $ 8,000.00 5 Surface Boulder 2'x3'x3' approx. 1 ton 25 EA $ 107.00 $ 2,675.00 6 Desert Tree (48" Box) 5 EA $ 1,045.00 $ 5,225.00 7 Desert Tree (36" Box) 30 EA $ 625.57 $ 18,767.10 8 Desert Tree (24" Box) 50 EA $ 183.74 $ 9,187.00 9 Desert Tree (15 Gal.) 100 EA $ 44.35 $ 4,435.00 10 Saguaro (8-10' Height) 12 EA $ 475.00 $ 5,700.00 11 Ocotillo 12 EA $ 47.59 $ 571.08 12 Barrel Cactus (5 Gal.) 25 EA $ 28.50 $ 712.50 13 Hedgehog (5 Gal.) 50 EA $ 28.50 $ 1,425.00 14 Prickly Pear (5 Gal.) 50 EA $ 23.75 $ 1,187.50 15 Desert Shrub (5 Gal.) 200 EA $ 12.89 $ 2,578.00 16 Desert Shrub (1 Gal.) 400 EA $ 4.75 $ 1,900.00 17 Materials Adjustment for Planting Allowance $ 1,000.00 $ 1,000.00 18 Hydroseeding (See Seed Spec) 3 AC $ 2,288.00 $ 6,864.00 19 Pre -emergent Weed Control Surflan 5 AC $ 659.00 $ 3,295.00 20 Post -emergent Weed Control (Round u 5 AC $ 259.00 $ 1,295.00 21 Weed Removal 5 AC $ 1,172.00 $ 5,860.00 22 Irrigation Sleeve (4" PVC, SDR 21) 200 LF $ 5.49 $ 1,098.00 23 Irrigation Line (2" PVC, Sch. 40) 500 LF $ 4.30 $ 2,150.00 24 Irrigation Line (1" PVC, Sch. 40) 1,000 LF $ 2.15 $ 2,150.00 25 Irrigation Line (3/4" PVC, Class 200 and 1/z" PVC) 1,000 LF $ 1.22 $ 1,220.00 26 Irrigation Bubblers, Emitters and Valves Allowance $10,000.00 $ 10,000.00 27 1" Backflow Preventer Assembly 6 EA $ 650.00 $ 3,900.00 28 Backflow Cage 6 EA $ 396.25 $ 2,377.50 29 Rock Coloring (Permeon or Eonite) Allowance $ 5,000.00 $ 5,000.00 30 Materials Adjustments; Irrigation Controls; Valves, Bubblers and Emitters Allowance $10,000.00 $ 10,000.00 TOTAL BID $ 121,656.68 EA01-19; Plat 606A, Lot 31 (15216 Sunburst Drive) First Habitat Dev. Group Chron 198 w M Town of FOUNTAIN HILLS Engineering Department MEMORANDUM TO: Honorable Mayor and Town Council FROM: Art Candelaria, Civil Engineer REVIEWED: Randy Harrel, Town Engineqftd THROUGH: Bill Farrell, Acting Town Ma e DATE: September 13, 2001 RE: Drainage Easement Abandonment 01-19; Resolution 2001-43 Notification of New (Replacement) Easement Grant Plat 606-Amended, Lot 31 15216 Sunburst Drive This item on the Town Council's agenda is a proposal to abandon the existing drainage easement, as shown in Exhibit A, located on the southerly part of Lot 31, Plat 606-Amended (15216 Sunburst Drive). The property owner has granted a replacement drainage easement, as shown in Exhibit B, attached for the Council's information. The lot buyer wants to reconfigure the drainage easement to be able to better place his proposed house on the lot. Staff reviewed the applicant's engineer's drainage computations (and proposed site plan of two 18' storm drain pipes to convey runoff under the proposed driveway; provide 5' clearance for vehicle safety from the driveway slope, and handrails where the drop exceeds 30" and at designated pedestrian use areas). The replacement easement is adequate to contain and convey the drainage flow. Staff has received no comments to date from the adjacent property owners. The Engineering Department has reviewed the site to ascertain any other issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that the new proposed drainage easement alignment is acceptable to replace, by separate instrument, the existing drainage easement proposed to be abandoned. Staff recommends adoption of Resolution 2001-43. att. cc: Dennis Brown/First Habitat Development Group M/M Mannion M/M Walton 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404 Resolution 2001- 43; Plat 606A, Lot 31 (15216 Sunburst Drive) When recorded, return to: Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2001-43 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN A CERTAIN DRAINAGE EASEMENT SHOWN IN EXHIBIT A OF LOT 31, PLAT 606-AMENDED, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 428 OF MAPS, PAGE 50 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 NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That the drainage easement shown in Exhibit A, located on Lot 31 of Plat 606-Amended, Fountain Hills, Arizona; as recorded in book 428 of maps, page 50 records of Maricopa County, Arizona; is hereby declared to be abandoned by the Town of Fountain Hills. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. Resolution 2001-43 Page 1 of 2 PAS All. q' V MOTION�� SECOND ML ICJ _ C."DUNT in --() Resolution 2001- 43; Plat 606A, Lot 31 (15216 Sunburst Drive) PASSED AND ADOPTED this 20th day of September 2001. ATTEST: FOR Tim TOWN OF FOUNTAIN HILLS Cassie B. Hansen, Town Clerk REVIEWED BY: William E. Farrell, Acting Town Manager APPROVE AS TO FORM: 2 K'V it am E. Farrell, Town Attorney Resolution 2001-43 �`` Page 2 of 2 EXHIBIT "A" DRAINAGE EASEMENT ABANDONMENT That portion of Lot 31, Fountain Hills Plat 606-A, according to the plat of record in Book 428, Page 50 of Maricopa County, more particularly described as follows: COMMENCING at the western most property corner of aforementioned Lot 31, thence along the northwest property line North 45 degrees 38 minutes 47 seconds East a distance of 52.78 feet to the POINT OF BEGINNING; Thence continuing along said property line and said course a distance of 100.64 feet; thence departing said property line South 13 degrees 50 minutes 09 seconds East distance of 22.94 feet; thence South 34 degrees 59 minutes 40 seconds West a distance of 48.07 feet; thence South 38 degrees 51 minutes 02 seconds East a distance of 118.43 feet; thence South 19 degrees 56 minutes 56 seconds East a distance of 92.50 feet to a point on the south property line of Lot 31; thence along said property line North 77 degrees 24 minutes 02 seconds West a distance of 14.64 feet to the beginning of a tangential curve concave northerly and having a radius of 175.00 feet; thence continuing along the south property line along the arc of said curve through a central angle of 07 degrees 30 minutes 39 seconds an arc length of 22.89 feet; thence departing said property line North 18 degrees 41 minutes 20 seconds West a distance of 49.38 feet; thence North 39 degrees 06 minutes 52 seconds West a distance of 143.17 feet to the POINT OF BEGINNING. HTPO job no. A00-374 PAGE 1 OF 2 EXHIBIT "A" DRAINAGE EASEMENT ABANDONMENT Scale in feet 0 40 80 120 ,C'AI F• 1 " — an' N POINT OF COMMENCEMENT O1'18'23' ' L \ 3.99.99' Syy,, \ by � l \ \ s00 �a 9Q96. \ � \ Ca22.8g 14.84• N77 4 02 39.08' ALIAm Engineers Surveyors � Hansen Thorp Pellinen Olson Inc. 16743 E. Palisades Blvd. Suite 203 Fountain Hills, AZ 85268 (480) 836-0535 FAX: (480) 836-0575 PAGE 2 OF 2 N047 j.�8•W �?1 36 When Recorded Return To: Town Engineer Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 GRANT OF EASEMENT C7rd„pC (C ' •' F; ,j4 HR 6 , & h e v e I op_.,,...¢ , &x� ntor, for good and valuable consideration, hereby grants to the -Town of Fountain Hills, Arizona, grantee, a municipal corporation, its successors and assigns, and to public utilities, a perpetual easement for the following purposes, namely: Refer to the attached Exhibit B for the legal description -on, over, under and across the ground embraced within the aforementioned plat as described in Exhibit "A" and as depicted in Exhibit "B", situated in the Town of Fountain Hills; State of Arizona. Grantor covenants that grantor is lawfully seized and possessed of this aforementioned tract or parcel of land; that grantor has good and lawful right to sell and convey-4t; and that grantor will warrant the title and quiet possession thereto against the claim of any person whatsoever. Dated this 2 3 day of I_1/ 2001. By: By: STATE OF ARIZONA )� ) s. County of Maricopa ) 3Xn SUBSCRIBED AIND SWORN TO BE before me this a day of /� 11 \ I _ _ f Q 2001, by My Commission Expires: Notary Public orrIcu tSAN E,gNERNNo"RICO" 1WAftM PAGE 1 OF 3 R►c0;A cOUHTym. espy.. � 2. 2= EXHIBIT "B" GRANT OF EASEMENT That portion of Lot 31, Fountain Hills Plat 606-A, according to the plat of record in Book 428, Page 50 of Maricopa County, more particularly described as follows: COMMENCING at the western most property corner of aforementioned Lot 31, thence along the northwest property line North 45 degrees 38 minutes 47 seconds East a distance of 52.78 feet to the POINT OF BEGINNING; Thence continuing along said property line and said course a distance of 100.64 feet; thence departing said property line South 13 degrees 50 minutes 09 seconds East distance of 22.94 feet; thence South 34 degrees 59 minutes 40 seconds West a distance of 89.56 feet; thence South 24 degrees 14 minutes 02 seconds East a distance of 55.18 feet; thence South 41 degrees 07 minutes 08 seconds East a distance of 84.60 feet; thence South 06 degrees 03 minutes 25 seconds East a distance of 18.70 feet to a point on the south property line of Lot 31, said point also being the beginning of a non -tangential curve concave northerly, having a radius of 175.00 feet, and a chord bearing North 66 degrees 24 minutes 35 seconds West; thence along said property line along the arc of said curve through a central angle of 07 degrees 05 minutes 54 seconds an arc length of 21.68 feet; thence departing said property line North 41 degrees 07 minutes 08 seconds West a distance of 83.28 feet; thence North 24 degrees 14 minutes 02 seconds West a distance of 79.86 feet; thence North 04 degrees 26 minutes 56 seconds East a distance of 13.73 feet to the POINT OF BEGINNING. HTPO job no. A00-374 PAGE 2 OF 3 EXHIBIT "B" GRANT OF EASEMENT Scale in feet IN 0 40 80 120 N SCALE: 1 " = 40' POINT OF COMMENCEMENT 1 01'18'23' ' \ - 3.99.99' ,yh L S* S N747 7•16•W 1?1 36 � 96 0. \ /X S06'03'25'E \ \ C 9 9s 81 Ca72 \ 73. \ N7724 0? \ \ 39.08' W Engineers Surveyors Hansen Thorp Pellinen Olson Inc. 16743 E. Palisades Blvd. Suite 203 Fountain Hills, AZ 85268 (480) 836-0535 FAX: (480) 836-0575 PAGE 3 -OF 3 MEMORANDUM TO: Mayor and Council Town Manager Town Clerk FROM: William E. Farr Town Attorney DATE: September 20, 2001 RE: Community Center Well Site Easement Attached to this memorandum are the following: (i) Grant of Easement and Agreement (the "Easement") between the Town and the Fountain Hills Sanitary District (the "District") for the purpose of installation and operation of a water well within a walled -in area adjacent to the physical plant of the Community Center and (ii) architectural renderings showing the integration of the wall surrounding the well into the existing physical plant. The Easement to be granted will include (i) space behind the ten -foot masonry wall for a well and related facilities, (ii) access over and across the parking lot and driveway nearest to the well site and (iii) access over and across the area near the east property line for installation and maintenance of water lines to the well. The District has promised to take all steps necessary to ensure that construction of the well will not interfere with activities at the Community Center, including already having delayed drilling at the site to accommodate our postponed opening date of September 29. As you can see from the renderings, Rob Dietz has done a nice job integrating the wall for the well site into the overall design of the physical plant at the Community Center. Staff will be working with the District to finalize the legal description and map prior to recording the Easement. As always we would be more than happy to answer any questions you may have and Staff would recommend that you approve granting the Easement. Respectfully submitted, /2 W William E. Farrell Town Attorney When recorded Return to: Town of Fountain Hills 16836 E. Palisades Blvd. Fountain Hills, AZ 85268 Attn: Town Clerk GRANT OF EASEMENT AND AGREEMENT THIS GRANT OF EASEMENT AND AGREEMENT (this "Agreement") is made �f=��, ,, zo , 2001, by and between the Fountain Hills Sanitary District, an Arizona sanitary district (the "Grantee") and the Town of Fountain Hills, an Arizona municipal corporation (the "Grantor"), with reference to the following: A. Grantor is the record owner of certain real property located in Fountain Hills, Maricopa County, Arizona described in Exhibit "A" and depicted on Exhibit `B", attached hereto and incorporated herein by reference (the "Easement Area"). B. Grantor intends to convey to Grantee an easement over, across and through the Easement Area, on the terms provided herein. NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Easement. Grantor hereby grants to Grantee and its employees, contractors, agents, successors and assigns, an easement, subject to all matters of record, upon and across the Easement Area, as hereinafter provided. The easement and rights and privileges hereby granted shall be used solely for the construction and operation of a water well and all necessary appurtenances, including installation and maintenance of all necessary water lines, and shall include a ten foot high masonry wall around the perimeter of the Easement Area and a gate from the Easement Area onto public right-of- way, as reasonably required in connection with such work. Grantee, its employees, contractors and agents, may enter upon the Easement Area at their own risk, after reasonable notice to Grantor, in order to exercise the rights granted herein. 2. Conditions. The grant of easement is subject to the following conditions and limitations: a. Grantee and its employees, contractors and agents agree to be bound by all existing terms, provisions and conditions of any easements, restrictions, covenants, conditions, reservations or other encumbrances (excluding monetary liens) now in existence and affecting all or any part of the Easement Area and all laws and regulations governing the activities of Grantee and its employees, contractors and agents. Grantee shall be responsible for obtaining all governmental permits and approvals which may be necessary in connection with the improvements to be constructed by Grantee. b. Grantee and its employees, contractors and agents shall indemnify Grantor and Grantor's officers, agents and Grantor's successors and assigns to ownership of the Easement Area and hold them harmless from any liability, damage, claim, action, loss, cost or expense including reasonable attorneys' fees arising out of the rights and responsibilities granted Grantee hereunder, except to the extent Grantor's misconduct or gross negligence in any way causes such liability, damage, claim, action, cost or expense. C. Grantee and its employees, contractors and agents, shall in all events cooperate as reasonably requested by Grantor so as to minimize any disruption or use of the Easement Area caused by the exercise or discharge of Grantee's rights and obligations herein. d. Prior to constructing the improvements described above, Grantee shall obtain Grantor's approval of the design thereof and the materials to be used in connection herewith. Grantee shall construct such improvements in a good and workmanlike manner and shall keep Grantor's property free of all mechanics' and materialmens' claims arising from such work. e. Maintenance of the landscaping and pavement areas located within that portion of the Easement Area lying outside the block wall of the water well site and maintenance of the exterior of the block wall surrounding the water well site shall be the responsibility of the Grantor; provided, however, that the Grantee shall pay to the Grantor its pro-rata share of the costs of such maintenance upon invoice of such costs to the Grantee. 3. Character of Agreement and Easement. This Agreement and rights, obligations and easement granted hereunder shall be binding on the parties hereto. 4. Termination of Easement. This Agreement and the easement hereunder may be terminated by the agreement of the parties. Such termination shall take effect upon recordation of a written memorandum of such agreement, signed by all such persons, properly notarized and suitable for recordation (the "Memorandum"). Notwithstanding the foregoing, Grantee's obligations set forth in Section 2(b) above shall survive such termination. 5. Assignment. This Agreement and the easement granted hereunder may be assigned by the Grantee to another entity solely for the purposes of construction and operation of a water well and all necessary appurtenances. Such assignment shall be subject to the prior, written approval of the Grantor; provided, however, that such prior approval by the Grantor shall not be unreasonably withheld or delayed. 6. Miscellaneous. a. Entire Agreement. This instrument contains the entire agreement between the parties relating to the rights herein granted and obligations herein assumed. 2 Any oral representations or modifications concerning this instrument shall be of no force f and effect excepting subsequent modification in writing, signed by the party to be charged, or as otherwise provided herein. b. Attorneys' Fees. In the event of any controversy, claim or dispute between the parties relating to this agreement or the breach hereof, the prevailing party shall be entitled to recover from the losing party reasonable attorneys' fees, court costs and litigation expenses incurred in connection therewith. C. Severability. If any clause, sentence or other portion of the terms, conditions, covenants and restrictions of this agreement shall become illegal, null or void for any reason or be held by a court of competent jurisdiction to be so, the remaining portion shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the day and year first above written. "Grantee" FOUNTA3�*LS SANITARY DISTRIC Arizona sanitary district Bert Kaerman, Chairman Board of Directors 3570.002\Community Center Well Easement2.doc 9-19-01-1 "Grantor" TOWN OF FOUNTAIN Arizona m)plricipal corpc ATTEST: Cassie Hansen, Town Clerk , an 3 STATE OF ARIZONA ) ss. COUNTY OF MARICOPA) The foregoing instrument was acknowledged before me this -�7 day of 2001, by Bert Putterman, Chairman of the Board of Directors of the Fou tain Hills Sanitary District, an Arizona sanitary district, on behalf of the District. My Commission Expires: / a- 8' 4— STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA) ALt 4�.r, ".q� �aryublic in and for the State of Arizona OFF JANE E. ROSINSS� - Noary Fublic - State of Arij a-1.. MARICOPA C0j,gTY My corn. expires The foregoing instrument was acknowledged before me this ;�G day of 2001, by Sharon Morgan and Cassie Hansen, Mayor and Town Cleri of Town of Fountain Hills, an Arizona municipal corporation, on behalf of the Town. My Commission Expires: OFFICIAL SEAL BEVELYN J. BENDE Notary Public • State of Arizona PA COUNTY My comm. expires Aug. 28, 2003 Notary Public i#andate of Arizona 4i "ail-1417:1 [legal description of Easement Area] EXHIBIT B [map of Easement Area] Z O w J W F- U) W Z O H w J W S H O Z Town of Fountain Hills Memorandum DATE: September 11, 2001 TO: The Honorable Mayor and Town Council 11 FROM: Jeffrey Valder, Director of Community Development6.Nll THROUGH: William E. Farrell, Acting Town Manager SUBJECT: The Eagle Ridge North and Eagles Nest development applications. On September 10, 2001 the Fountain Hills Planning and Zoning Commission completed their review and recommended Town Council approval of the cut/fill waiver and preliminary plat applications for the Eagle Ridge North and Eagles Nest subdivision applications. The Planning and Zoning Commission recommended Town Council approval of these applications by a series four of 6-1 votes. Commissioner Downes cast the dissenting vote on each application. The Planning Commission's recommendation included all of the stipulations included in the staff reports, as amended below. On the afternoon of September 10 h, staff met with representatives of MCO to review the outstanding stipulations that were included in my August 31, 2001 memorandum. All other Community Development Department stipulations have been previously agreed to by MCO. We had agreed to modify the following Community Development Department stipulations. They are: Eagle Ridge North Stipulation No. 3 and Eagles Nest Stipulation No. 5: Town staff and MCO have agreed to the following stipulation, with new text shown as double -underlined and old text shown as Dui. Prior to Final Plat approval, show on the Final Plats for Eagles Nest and Eagle Ridge North that each lot will be allocated an average disturbance for each lot totaling not more than 9,3-�;,500 42 20 Q5 square feet (415 Lots multiplied by 22,500 square feet). This disturbance allocation will include all disturbance necessary for the development of a lot, including driveways, utility lines, house construction, any other construction or grading , five feet ff-effi afly wall of fence and th fee feet f ^m the edge of any grading. This disturbance allocation will also include any areas needed to be disturbed even if those areas had been previously disturbed through the subdivision construction process. If the developer constructs joint - use driveways during the subdivision improvement process, the disturbance for those driveways and underground utilities shall be included in each lot's disturbance allocation on the final plat. Prior to building permit approval, the lot owner will be required to dedicate to the Town a Hillside Protection Easement over all of a lot except for the area equal to the disturbance allocation for that lot as specified on the Final Plat. As a part of the agreement for this stipulation, staff will propose an amendment to the Zoning Ordinance, prior to final plat consideration, that will require disturbance buffers of at least five feet from any 4W building, three feet from any wall or fence and one foot from the edge of any grading. Like all Town Council Memorandum Eagle Ridge North and Eagles Nest September 11, 2001 Page 2 of 3 disturbance buffers, these minimum disturbance buffers would be chain -link fenced. If disturbance does take place within a Hillside Protection Easement, in addition to current remedies such as stop -work orders and required revegetation, the proposed ordinance would create a new fine structure that would be implemented, on a square foot basis, at a rate high enough to ensure compliance. Eagle Ridge North Stipulation No. 5 and Eagles Nest Stipulation No. 6: A revised form of this stipulation has been agreed to by MCO. The revised stipulation is as follows, with new text shown as double -underlined and old text shown as cFessed 00t. Please confirm that Lots 54, 170, (Lots 35, 104, 125, 128, 144, 199 in Eagles Nest) have 145 linear feet of lot width. Most if not all of these lots have a smaller frontage on a second street. Although No Build Easements (NBE) are shown on these smaller frontages, the front yard is the narrower of the two street frontages, so the lot width is calculated along these frontages. Platting a separate parcel of land in lieu of the NBE should solve this problem in most if not all of these occurrences. If platting the separate 40-foot wide parcel reduces the lot size to less than 43.560 square feet, reduce the width of the parcel to maintain at least a lot size of 43,560 square feet. Eagle Ridge North Stipulation No. 6 and Eagles Nest Stipulation No. 7: The Community Development Department and MCO have agreed that the developer's submittal of several conceptual site plans representing the typical types of constraints that exist in these two areas can serve to meet the requirements of the Subdivision Ordinance. The Department recommends the following co modified stipulation: Prior to final plat approval submit and gain Town approval of a,,,.,,.Y.ontation (seenas of conceptual site plans for the subdivisions lets belew. All proposed lots must be buildable without the need of future variances. Show that a single-family house can be developed on each of these lots without a cut/fill waiver, with a driveway not exceeding 18% slope and conforming to all Fire District regulations, within the setbacks, that all disturbance (including disturbance for utilities and sewer laterals) is contained outside of proposed Hillside Protection Easements and in conformance with all applicable subdivision and zoning ordinance regulations. If a lot cannot be shown as developable it will either be reconfigured so that it is developable or it shall be removed from the final plat. These site plans will be held to be representative of any of the lots in Eaglege North and Eagles Nest. It is understood that a conceptual site plan indicates one of perhaps many ways that a lot may be developed within Town regulations, and the property owner is free to submit alternative designs. A note on the final plats describing the challenges of development in these subdivisions shall be provided. The following language of this note is preliminary: "Due to the nature f the existing terrain. some lot owners may need to design multi -level houses to com lly with Town zoning and other development regulations." Provide conceptual site plans for the agreed -upon lots in Eagles Ridge North and Eagles Nest. Town Council Memorandum Eagle Ridge North and Eagles Nest September 11, 2001 Page 3 of 3 Eagles Nest Stipulation No. 9: The current stipulation is as follows: It was the Town's understanding in the negotiating process that resulted in the Settlement Agreement, that in exchange for the elimination of the six -lot cul-de-sac northwest of the proposed trailhead location on Eagle Ridge North, that six lots were allowed to be added in two areas that, at that point in time in the negotiations, were not to be developed. The Town agreed to allowing the development of three lots adjacent to the water tank in Eagles Ridge North and three lots that would be higher that the 2,400-foot elevation at the end of Desert Springs Drive in Eagles Nest. There are four lots shown higher than 2,400 feet in this area. Eliminate one of these lots. The Acting Town Manager, Bill Farrell, has reviewed this stipulation with MCO. It is my understanding that Town staff and MCO have generally agreed to the following points: MCO will retain the fourth lot in Eagles Nest. The Town will not acquire and will not pay for the four acres of land in Eagle Ridge North south of Lots 104 and 105. The Town will participate, through the allocation of a portion of the Town's SRP aesthetics fund, in the under -grounding of a 69Kv transmission line underneath Eagle Ridge Drive at the southern edge of Eagles Ridge North. CONCLUSION Staff recommends Town Council approval of the cut/fill waivers and the preliminary plats for the Eagles Ridge North and the Eagles Nest subdivisions, with all of the stipulations included in the staff reports and as amended in this memorandum. \ �rj \/ �ORIgrNAL ALIGNMENT \ �, l GRAPHIC SCALE \ ` ' �� 20 0 10 20 40 1 INCH . 40 FEET 42' x 8' CON —ARCH /moo I , 1 2�42. 9\\ i 04 A I J 10' FILL DEPTH 15' FILL DEP TI� 20' FILL DEPTH i a 25' FILL DEPTH PROPOSED ALIGNMENT 30' FILL DEPTH,,' C am❑ Kimley-Hom and Associates, Inc. L L A MP_6;,'�-N-Vl , \ L' � 'L LL ' L,/'- Town of Fountain Hills Memorandum DATE: September 11, 2001 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Director&IJ THROUGH: William E. Farrell, Acting Town Manager SUBJECT: Resolution 2001-42, abandoning the Cholula Drive and Ramon Drive rights -of way located in Plat 507-E. There are several lots and two streets in an old remnant subdivision, known as Plat 507-E, that are proposed to be included in the Eagles Nest subdivision. In order to subdivide the Eagles Nest area of Fountain Hills, MCO needs to absorb this remnant subdivision into Eagles Nest. Plat 507-E was originally subdivided in 1973, but the roads and lots were never developed. Most of Plat 507-E was replatted and developed with the Plat 514 subdivision several years ago. A small portion of Plat 507-E remains, and MCO has proposed that this area be included in the Eagles Nest subdivision. In order to facilitate the Eagles Nest subdivision, the Town needs to abandon the rights -of -way back to MCO, because the current rights -of -way are proposed to be altered by the Eagles Nest preliminary plat. The two attachments will be provided to the Council when the Town receives them from MCO, which is expected to be early next week. Staff recommends that the Town Council approve Resolution 2001-42 on October 4, 2001, concurrently with the Town Council's consideration of the Preliminary plat for Eagles Nest. If adopted, this resolution will not be recorded until just before the Eagles Nest Final Plat. When recorded, return to: �w Engineering Department Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2001-42 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT TO A.R.S § 28-7201 ET. SE0. ABANDONING ALL RIGHT, TITLE, OR INTEREST IN ALL OF A CERTAIN PUBLIC RIGHT -OF WAY KNOWN AS RAMON DRIVE LOCATED IN PLAT 507-E, FOUNTAIN HILLS ARIZONA, AS RECORDED IN BOOK 165 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY AND IN A PORTION OF A CERTAIN PUBLIC RIGHT -OF WAY KNOWN AS THAT PORTION OF CHOLULA DRIVE LOCATED IN PLAT 507-E, FOUNTAIN HILLS ARIZONA, AS RECORDED IN BOOK 165 OF MAPS, PAGE 43, RECORDS OF MARICOPA COUNTY. WHEREAS, A.R.S. § 28-7201 et. sue. provides for the disposition of unnecessary public roads; and WHEREAS, A.R.S. § 28-7203 provides that a roadway or portion of a roadway may be exchanged with an abutting owner for all or part of a new public roadway; and WHEREAS, The Town Council of the Town of.Fountain Hills, as the governing body of the Town; and NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills, Arizona as follows: SECTION 1. That all of Ramon Drive as shown in Exhibit "A" and legally described in Exhibit `B", located northeast of and abutting Lots 1,2 and 3, Block 2 of Plat 507-E, Fountain Hills, Arizona, as recorded in Book 165 of maps, Page 43 records of Maricopa County, Arizona; are hereby declared to be no longer necessary for public use as a right-of-way. SECTION 2. That a portion of a Cholula Drive as shown in Exhibit "A" and legally described in Exhibit `B", located between Lots 54, Block 1 and Lot 6, Block 3 of Plat 507- E, Fountain Hills, Arizona, as recorded in Book 165 of maps, Page 43 records of Maricopa County, Arizona; are hereby declared to be no longer necessary for S4.1 public use as a right-of-way. RESOLUTION 2001-42 Page 1 of 2 SECTION 3. That the public rights -of -way as shown in Exhibit "A" and described in Exhibit "B" are vacated by recordation of this Resolution. SECTION 4. That upon recordation of this resolution in the office of the Maricopa County Recorder and pursuant to A.R.S. § 28-7203, title to the property shall vest in the owner of record of the property, as determined by the records of the Maricopa County Recorder on the day of recordation, that is located adjacent to the abandoned rights -of -way. PASSED AND ADOPTED this 4th day of October, 2001. FOR THE TOWN OF FOUNTAIN HILLS: Sharon Morgan, Mayor REVIEWED BY: William E. Farrell Acting Town Manager ATTEST: Cassie B. Hansen Town Clerk APPROVED AS TO FORM: William E. Farrell Town Attorney RESOLUTION 2001-42 Page 2 of 2 Chron 216 0��1TAIIV N a 4 • esc tse+ • 4i �dOat is September 13, 2001 To: Jeff Valder From: Randy Harrel Town of FOUNTAIN HILLS Engineering Department Re: Eagles Ridge North Subdivision Resolution comments to MCO's responses. Staff has reviewed MCO's comment response letter of August 15, 2001, and has reached the following resolutions with MCO. (Staff s initial comments are shown in regular type, MCO's responses are shown in bold and staffs resolution comments are shown in italics per our meeting of September 17, 2001, with MCO. The comments/responses/resolutions are listed in the same order used by MCO in their August 15, 2001, response letter. PRELIMINARY PLAT General Comments: (w) Loop road Street D and I is over 6,000 feet in length (6,137'). We understood that this was not an issue, based on the comments at the Technical Review meeting. Staff` will recommend that the Council allow this minor amount of over -length loop road. Traffic Impact Report At the Eagles Ridge Drive/Palisades intersection: Construct the conduit and pull boxes for a future traffic signal across the north and south legs and west leg where not currently (and west leg where not correctly available). It is our understanding that the conduit and pull boxes were installed with the initial improvement of this intersection. If that is not the case, it seems to make sense to install them only if, and when, it is determined that a traffic signal is, in fact, warranted. No conduit pull boxes have ever been placed on the north and south legs of Eagle Ridge Drive at Palisades. Extend MCO's (or SunRidge Canyon's if previously subrogated) obligation to pay 50% of the traffic signal costs if warranted prior to the extended date of December 2007. We do not agree with the extension of the SunRidge obligation referenced beyond the current October 2003 date. Eagles Ridge North Rebuttal Comments to Jeff Valder 9-13-0l.doc Page 1 of 2 16836 East Palisades Boulevard, Building C — P.O. Box 17958 — Fountain Hills, Arizona 85269 — (480) 837-2003 — FAX: (480) 837-1404