Loading...
HomeMy WebLinkAboutRes 2005-26RESOLUTION NO. 2005-26 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO. 98 FOR SHARED FACILITY USE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills (the "Town') and Fountain Hills Unified School District No. 98 (the "District"), relating to shared use of District and Town facilities (the "Agreement") is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, April 7, 2005. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor REVIEWED BY: Timothy G. Pickering, Town Manager Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney 9196.001\.. \2005-26 FHUSD.res.doc 3.21.2005-1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO.98 THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is made as of , 20059 by and between the Fountain Hills Unified School District No. 98, a political subdivision of the State of Arizona (the "District") and the Town of Fountain Hills, an Arizona municipal corporation (the "Town"). RECITALS A. ARiz. REV. STAT. §§ 11-951 and 11-952 authorize intergovernmental agreements by and between political subdivisions and political agencies such as the District and the Town. Further, the District is authorized by ARiz. REV. STAT. §§ 15-342.13 and the Town is authorized by Town Code § 2-1-2 to enter into intergovernmental Agreements. B. The Town, from time to time, wishes to utilize District facilities for public meetings and recreational and physical development programs and activities and the District wishes to utilize facilities of the Town for the conduct of public meetings and recreational and physical development programs and activities. C. The parties hereto desire to make their respective facilities available for such use by each other as permitted by law and under terms and conditions set forth herein. D. The Town and the District have previously entered into the following intergovernmental agreements with respect to shared use of facilities: (i) September 11, 1994 (dealing with general use of facilities); (ii) November 2, 1995 (dealing with the Four Peaks Elementary School Athletic Field); (iii) October 23, 1996 (dealing with the Palisades Basketball Courts); and (iv) July 24, 2000 (merging of preexisting IGA's)(collectively, the aforementioned intergovernmental agreements are referred to herein as the "Prior Intergovernmental Agreements"). The parties desire to "merge" and supercede those Prior Intergovernmental Agreements into this single Agreement. AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference, and the promises and covenants set forth below, the parties hereby agree as follows: 1. Term; Termination. This Agreement shall be effective pursuant to ARIZ. REV. STAT. § 11-952G on the date it is recorded in the office of the Maricopa County Recorder and shall remain in full force and effect for a period of two years thereafter. This Agreement may thereafter be reviewed and renewed for additional two-year periods by appropriate act of the respective governing bodies. The parties agree that this Agreement may be terminated by either party for any reason and without the statement of cause simply upon delivery of written notice of 9196.001\.. \2005-26 FHUSD.res.doc 3.21.2005-1 intention to terminate delivered to the other party 180 days prior to the actual date of termination. This Agreement is subject to cancellation pursuant to ARiz. REv. STAT. § 38-511. 2. Applicability, Prior Agreements. The Prior Intergovernmental Agreements are hereby terminated by mutual agreement of the parties hereto, without additional notice or other action, and superseded in all respects by the terms and conditions of this Agreement. This Agreement shall apply to facilities in addition to those subject to the aforementioned Prior Intergovernmental Agreements. The Town property subject to this Agreement includes certain facilities located at the following: Parcel "A" of the Four Peaks Elementary School site, as depicted on the survey completed by Project Engineering Consultants, Ltd., dated May 30, 1997(the "Parcel A"), Four Peaks Neighborhood Park, Desert Vista Park, Golden Eagle Park, Fountain Park and the Fountain Hills Community Center (collectively referred to herein as the "Town Facilities"). The District property subject to this Agreement includes certain facilities located at the following: Four Peaks Elementary, McDowell Mountain Elementary, and Fountain Hills High School and Middle School, commonly known as multipurpose rooms, gymnasiums, football, baseball, softball, and soccer fields, lecture halls, team rooms, libraries and exterior basketball courts (collectively referred to herein as the "District Facilities"). 3. Joint Use of Facilities. The Town wishes to make the Town Facilities available to the District and the District wishes to make the District Facilities available to the Town, including space upon and within existing properties and buildings as well as that involving new facilities, for reciprocal use for various public purposes including, but not limited to recreational programs, public meetings of councils, boards and commissions, and similar public functions and educational programs. By way of example, the School District wishes to make certain physical facilities at Four Peaks Elementary, McDowell Mountain Elementary, and Fountain Hills High School and Middle School known as multipurpose rooms, gymnasiums, football, baseball, softball, and soccer fields, lecture halls, team rooms, libraries and exterior basketball courts, available to the residents of the Town for use during after -school hours, District recesses, District holidays, District vacation days, and on weekends. Similarly, the Town wishes to make certain physical facilities located at Four Peaks Neighborhood Park, Desert Vista Park, Golden Eagle Park, Fountain Park and Fountain Hills Community Center available to the use of the School District, such as a lighted baseball, softball and soccer fields, control buildings with restrooms, ramadas, bleachers, a span bridge (pedestrian footbridge) and botanical walkways, meeting rooms, ball rooms and kitchen facilities. In addition to the foregoing, the parties hereby agree to such additional facility use as set forth below: a. Community Center. Rooms at the Fountain Hills Community Center may be reserved by either the High School Athletic Director or District Office personnel without fee for up to 15 events per school year; provided, however, that the Town shall have priority in scheduling the Community Center Facilities. b. Palisades Basketball Courts. The Town shall be responsible for the scheduling and use of the basketball courts at all times during evenings, District recesses, vacation days and weekends. The School District shall have exclusive rights of use at other times, and shall have priority for school -related functions at any time. The School District acknowledges and understands that the Town may, in fact, charge an incidental fee to users of the facility for the use of the lights, but that the fee is not a rental for the use of the School property. The Town shall be solely responsible for all costs associated with installation, 9196.001\.. \2005-26 FHUSD.res.doc 3.21.2005-1 operation, and maintenance of the lights during the term of this Agreement. The Town shall retain ownership of the lights for the term of the Agreement, and if the Agreement is either terminated or not renewed for any reason, then the Town shall have 180 days from the date of such termination within which to remove the lights from the campus. Should the Town elect not to remove the lights from the campus within said 180 days, then the lights shall become the property of the School District. The School District shall make available to the Town and maintain its parking facilities during the after -school, evening and vacation days upon which the basketball courts are being used by the Town at no additional charge to the Town. The School District shall be solely responsible for the maintenance, cleanliness and safety of the court surface, poles, rims, and netting, and shall maintain them in a manner to ensure that the courts will be useable for nighttime activity. The maintenance of the courts shall be equal to that which is provided by the Town at Golden Eagle Park Courts. C. Four Peaks Elementary School Athletics Field. The School District will retain rights of use without payment of fees of the Four Peaks Athletic Field during school hours between 8:00 A.M. and 3:30 P.M. d. Parcel A. With respect to the lighted soccer field and other facilities on Parcel A, the School District shall have a right to use the property and any improvements thereon during all school days and for scheduled after -school activities, as approved and scheduled by the Town, without payment of fees to the Town. The Town shall be solely responsible for all costs associated with the installation, operation and maintenance of the soccer field lights and other utilities applicable to Parcel A during the existence of this Agreement. The Town shall be responsible for the schedule and use of the field at all times. The Town shall be totally responsible for the maintenance of the soccer field and shall maintain it in the standard and to such a degree that the field will be useable for nighttime activity. The maintenance of the field shall be equal to that being provided by the Town at Golden Eagle Park. 4. Facility Use; Scheduling. Except as otherwise specifically provided herein, usage of each party's facilities will occur with the mutual consent and agreement of the Town and School District; the terms and conditions of such usage may include times, dates, areas and/or buildings to be used, along with specific provisions for the allocation of responsibility for fees, oversight, maintenance, operation and other issues incident to the use of the facilities. The School District will submit its one hundred eighty (180) day schedule (District calendar) to Town as soon as reasonably practicable to aid in advance coordination of facility use. However, nothing herein shall be construed to bar the submission of a scheduling request upon shorter notice. The Town will provide to the School District its schedule for facilities covered by this Agreement to aid in achieving timely coordination of events scheduled by the Town. The usage schedules for each party's facilities are controlled and/or approved by the Town Manager and the District Superintendent. The Manager and Superintendent will work together to resolve any issues specific to these responsibilities or procedures. 5. Supervision. The Town and the School District will provide adequate adult supervision for any program or activity one party conducts on the other party's premises. The party conducting the activity shall have the sole responsibility for the conduct and control of the program or activity being conducted on the other party's premises. 9196.001\.. \2005-26 FHUSD.res.doc 3.21.2005-1 6. Field Lighting. The Town understands and acknowledges that it shall be responsible for, and use its best efforts to correct, any complaints or problems that may arise from neighbors or surrounding property occupants concerning the use of lights on athletic fields during evening hours. The Town also agrees to indemnify and defend any and all claims or litigation that may arise as a result of complaints or problems filed by neighbors or surrounding property occupants, or otherwise arising from the use of athletic fields or facilities scheduled by the Town during the term of this Agreement. 7. Maintenance. Any facility used by either the Town or the School District shall be left in an orderly and clean condition at the conclusion of the activity by the party using the facility. Any damage, other than the normal wear and tear, done to any building or other facility shall be repaired and/or replaced, as appropriate, by the party responsible for the damage. 8. Insurance. The parties hereto agree to secure and maintain insurance coverage for any risks which may arise out of the terms, obligations, operation and actions provided in this Agreement. The parties to this Agreement shall provide to each other a Certificate of Insurance or a Declaration of Self Insurance indicating as a minimum the following coverage: a. Comprehensive general liability coverage including, but not limited to, blanket contractual liability, personal injury liability and broad form property damage. The minimum amount for such coverage shall be $1,000,000.00 combined single limit. b. As to the employees of each of the parties a Certificate or other evidence indicating that the employees are covered for claims arising out of Workers Compensation as required by the law of the State of Arizona. C. The Certificate of Insurance or Memorandum of Self Insurance shall indicate that the other party is named as "additionally insured" pursuant to the provisions of this Agreement. 9. Indemnity. In addition to the insurance provisions set forth above, each party hereby also agrees to indemnify and hold harmless the other, including elected officials, officers, administrators or employees from any and all liability resulting from personal injury or death or damage to property of third parties arising out of the use of the facilities, for claims alleging the negligence or intentional acts of the elected officials, officers, administrators or employees of the party which did not sponsor or schedule the event as to which such claims are made and as to which the indemnifying party was the sponsor or scheduling entity. 10. Annual Budgets. The parties agree and acknowledge that each party has fiscal responsibilities in connection with this Agreement. The governing bodies shall, pursuant to the budget laws of the State of Arizona, make every effort to annually include in their operating budgets sufficient funds for the performance of their mutual obligations contained herein. 11. Dispute Resolution. The parties agree that if there is a dispute as to the terms and conditions of this Agreement, or a dispute as to the terms and conditions or the relative equity of the operation and use of a facility or athletic field, the Superintendent of the School District and the Town Manager shall meet and attempt to resolve any disputes or concerns prior to the matter coming before the Governing Board or Council of the respective bodies. 9196.001\.. \2005-26 FHUSD.res.doc 3.21.2005-1 12. Posting Information. The parties agree that it's in the best interests of both that the exchange and distribution of materials with information for the public regarding respective programs, classes, athletic events, etc. should occur. Therefore, both agree to the posting and/or distribution of information to students and/or the public be provided by either party as may be requested. TOWN OF FOUNTAIN HILLS W. J. Nichols, Mayor ATTEST: Bevelyn J. Bender, Town Clerk REVIEWED BY: FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT NO.98 Danna Saar, President Fountain Hills School Board ATTEST: Secretary of the School Board REVIEWED BY: Timothy G. Pickering, Town Manager Dr. Marian K. Hermie, Superintendent PURSUANT TO the provisions of ARIZ. REV. STAT. § 11-952.D., this Agreement has been submitted to and approved by the attorney for each of the public agencies who certify that, with respect to their respective clients only, the Agreement is in proper form and it is within the powers and authorities granted under the laws of this State to the School District and Town. Andrew J. McGuire, Town Attorney Attorney for District 9196.001\.. \2005-26 FHUSD.res.doc 3.21.2005-1 The motion CARRIED UNANIMOUSLY (7 to 0). Mayor Nichols commented that he allowed discussion of the above issue to take place out of order so that members of the audience who were present to hear and/or speak on that agenda item would not have to stay until the Council got to that part of the agenda. CONSENT AGENDA AGENDA ITEM #1- CONSIDERATION OF APPROVING THE COUNCIL MEETING MINUTES OF MARCH 17, 2005. AGENDA ITEM # 2 - CONSIDERATION OF RESOLUTION 2005-30, APPROVING AN AMENDMENT TO THE "COUNCIL RULES OF PROCEDURE," ESTABLISHING STANDARDS FOR THE SELECTION AND APPOINTMENT PROCESS FOR VACANCIES ON BOARDS COMMISSIONS AND COMMITTEES. AGENDA ITEM #3 - CONSIDERATION OF APPROVING A LEASE FOR THE COMMUNITY THEATER OCCUPYING TOWN PROPERTY AT 17325 E. RAND DRIVE AND 11455 E. SAGUARO DRIVE. AGENDA ITEM #4 - CONSIDERATION OF RESOLUTION 2005-23, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHEASTERLY PROPERTY LINES OF PLAT 605C, BLOCK 1, LOT 10 (11039 N. PINTO DRIVE) AS RECORDED IN BOOK 164 OF MAPS, PAGE 14, RECORDS OF MARICOPA COUNTY, ARIZONA. EA05-04 (COUP). AGENDA ITEM # 5 - CONSIDERATION OF RESOLUTION 2005-24 ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINES OF PLAT 505D, BLOCK 2, LOT 13 (16821 N. SOURDOUGH PLACE) AS RECORDED IN BOOK 158 OF MAPS, PAGE 41, RECORDS OF MARICOPA COUNTY, ARIZONA. EA05-05 (MERRELL). AGENDA ITEM #6 - CONSIDERATION OF RESOLUTION 2005-25, ABANDONING WHATEVER RIGHT, TITLE OR INTEREST THE TOWN HAS IN CERTAIN PUBLIC UTILITY AND DRAINAGE EASEMENTS LOCATED AT THE NORTHERLY PROPERTY LINES OF PLAT 602A, BLOCK 1, LOT 30 (15610 E. CAVERN DRIVE) AS RECORDED IN BOOK 161 OR MAPS, PAGE 42, RECORDS OF MARICOPA COUNTY, ARIZONA. EA05-06 (CARLSON). AGENDA ITEM #7 - CONSIDERATION OF ORDINANCE 05-03, A TECHNICAL AMENDMENT TO CORRECT AN ERROR IN THE TOWN OF FOUNTAIN HILLS TAX CODE RELATING TO COMMERCIAL RENTAL ACTIVITY. AGENDA ITEM #8 - CONSIDERATION OF RESOLUTION 2005-26, APPROVING AN INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN THE FOUNTAIN HILLS UNIFIED SCHOOL DISTRICT #98 AND THE TOWN OF FOUNTAIN HILLS REGARDING THE SHARING OF FACILITIES. AGENDA ITEM #9 - CONSIDERATION OF APPROVING THE PRELIMINARY AND FINAL PLAT FOR "SABINAS ESTATES CONDOMINIUMS," A 2-UNIT CONDOMINIUM PROJECT LOCATED AT 16927 E. SABINAS DRIVE, AKA LOT 4, BLOCK 4, PLAT 105. CASE #S2005-03. AGENDA ITEM #10 - CONSIDERATION OF APPROVING THE PRELIMINARY AND FINAL PLAT FOR "SHERWOOD VILLAS CONDOMINIUMS," A 2-UNIT CONDOMINIUM PROJECT LOCATED AT 14461 SHERWOOD DRIVE, AKA LOT 7, BLOCK 12, PLAT 104. CASE #S2005-02. E:\BBender\Documents\Current Minutes 2005\04-07-05 Regular and Executive Session.doc Page 3 of 10 Councilman Archambault MOVED to approve the consent agenda as read and Councilman McMahan SECONDED the motion. A roll call vote was taken with the following results: Councilman Kehe Aye Councilman Schlum Aye Councilman Kavanagh Aye Councilwoman Nicola Aye Mayor Nichols Aye Councilman McMahan Aye Vice Mayor Archambault Aye The motion CARRIED UNANIMOUSLY (7 to 0). ACTION AGENDA AGENDA ITEM #11 — CONSIDERATION OF APPROVING A SPECIAL USE PERMIT FOR THE FOUNTAIN HILLS SENIOR CARE CENTER, WHICH WOULD ALLOW A CONVALESCENT HOME UP TO 40 FEET IN HEIGHT IN THE "R-4" MULTI -FAMILY ZONING DISTRICT, LOCATED AT THE SOUTHWEST CORNER OF VERDE RIVER DRIVE AND EL LAGO BLVD.. AKA FOUNTAIN VIEW FINAL PLAT. CASE #SU2004-04. This agenda item was continued prior to the reading of the Consent Agenda. AGENDA ITEM #12 — PUBLIC HEARING REGARDING ORDINANCE 05-02, WHICH WOULD AMEND THE "OFFICIAL ZONING DISTRICTS MAP" FOR THE TOWN OF FOUNTAIN HILLS TO 4J REZONE LOT 34 AND LOT 60, BLOCK 1, FINAL PLAT 506C AND THE ABUTTING UNPLATTED PARCEL OF LAND TO THE WEST OF LOT 34 FROM THE "R1-35 & R143" SINGLE-FAMILY ZONING DISTRICTS TO A "R1-35 PUD:' SINGLE-FAMILY PLANNED UNIT DEVELOPMENT ZONING DESIGNATION. CASE #Z2004-10. Senior Planner Dana Burkhardt informed the Council that for the sake of discussion this evening, staff would discuss the entire project that had a number of actions agendized this evening, first the PUD or the rezoning of the property; second, the Special Use Permit; third the subdivision application and finally the cut and fill waiver. He referred to an aerial displayed in the Chambers that depicted the location of the property and commented on the proposed lot configuration (12 lots). He advised that the applicant was requesting a 12 lot single-family subdivision to be accessed from a private gated hillside local road cul-de-sac extending west from the Cerro Alto Drive cul-de-sac terminus. He added that the applicant was also requesting a PUD to allow a gated private roadway, reduced minimum front yard setbacks from 40 feet to 20 feet, walls over 3.5" in private rights -of -way and the front -yard minimum setbacks, and an alternative land disturbance methodology. He noted that prior Councils had approved extended cul-de-sac lengths as well as the number of units on cul-de-sacs (above and beyond what the subdivision ordinance allows) by Planned Unit Development. Mr. Burkhardt referred to the subdivision layout and said that the Planning & Zoning Commission discussed the project and unanimously recommended denial of the previous design, which consisted of a 14-unit project rather than the current 12. He said that the Commission had not reviewed the 12-lot configuration. He said that staff was recommending approval based on the applicant's adherence to hillside protection easements over some existing outcroppings. He added that in response to concerns expressed by the Planning & Zoning Commission regarding the fact that the secondary emergency access road was designed to cut through an existing lot adjacent to an existing residence, the applicant had since brought all of the gated entry and turn around areas onto the applicant's property. He discussed the fact that the applicant had revised the secondary emergency access 1J roadway from a 20-foot width to 16-feet. He added, however, that the Fire Department requires a minimum 20- EAl3Bender\Documents\Current Minutes 2005\04-07-05 Regular and Executive Session.doc Page 4 of 10