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1999.0218.TCREMP.Packet
(kW oN. NOTICE OF REGULAR AND EXECUTIVE SESSION kc OF THE ate, °" —.4° FOUNTAIN HILLS TOWN COUNCIL INT 1� 'satisA Mayor Morgan Councilman Apps Councilwoman Wiggishoff Councilman Wyman Councilman Poma Vice Mayor Mower Councilwoman Hutcheson WHEN: THURSDAY, FEBRUARY 18, 1999 TIME: 6:30 P.M. WHERE: TOWN HALL COUNCIL CHAMBERS 16836 E. Palisades, Building B LRULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90 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 • PLEDGE TO THE FLAG • INVOCATION—Father Tot O'Dea from the Church of the Ascension Catholic Church • ROLL CALL Consent Agenda: All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an item on the consent agenda,they may request so prior to the motion to accept the consent agenda. The item will be removed from the Consent enda and considered in its normal sequence on the agenda. Town Council Meeting Agenda Regular/Executive Session February 18, 1999 *1.) Consideration of APPROVING THE MEETING MINUTES of February 2nd and 4th, 1999. lw *2.) Consideration of the EXTENSION OF PREMISES/PATIO PERMIT submitted by Rosemary Barringer for the Silver Stein located at 17030 Enterprise Drive. The permit is for Friday,Saturday and Sunday,February 26th, 27`h,and 28th during normal business hours. *3.) Consideration of the EXTENSION OF PREMISES/PATIO PERMIT submitted by Rose Barringer for the Silver Stein located at 17030 Enterprise Drive for March 17, 1999. *4.) Consideration of CHANGING THE STREET NAME of Morning Glory Lane to Cactus Flower Way in SunRidge Parcel L. *5.) Consideration of CHANGING THE STREET NAME of Twilight View Drive to Azure Court in Eagle Mountain Parcel 14 and 15. *6.) Consideration of APPOINTING Robert F. Mock and Bill Trask to the McDowell Mountain Preservation Commission to fill two vacancies. 7.) MONTHLY REPORT presented by Magistrate Stuart Shoob. 8.) Consideration of the OBJECTIONS to the award of the Cottonwoods Improvement District construction contract and RESOLUTION 1999-09 rejecting the objections relative to the Town of Fountain Hills, Arizona, Cottonwoods Improvement District. 9.) Consideration of ACCEPTING THE RECOMMENDATION to reject all bids for the Community Center project as submitted by architect Rob Dietz. 10.) DISCUSSION,WITH POSSIBLE DIRECTION TO STAFF,concerning: a)Community Center construction options,and b)allowing a public vote on the project or a portion of the project. 11.) Consideration of RESOLUTION 1999-10 ordering and calling a special bond election to be held in and for the Town of Fountain Hills, Arizona, on May 18, 1999, to submit to the qualified electors thereof the question of authorizing the issuance and sale of a total of $3,700,000 principal amount of general obligation bonds, project of 1999,to finance a library/museum. 12.) Consideration of RESOLUTION 1999-11 ordering and calling a special bond election to be held in and for the Town of Fountain Hills, Arizona, on May 18, 1999, to submit to the qualified electors thereof the question of authorizing the issuance and sale of a total of $1,400,000 principal amount of general obligation bonds, project of 1999,to finance the acquisition of certain open space. 13.) Consideration of the MASTER PLAN for Desert Vista Neighborhood Park. 14.) Consideration of the MASTER PLAN for Four Peaks Neighborhood Park. 15.) Consideration of INITIATING AN AMENDMENT to Sections 1.12 and 10.02 of The Zoning Ordinance for the Town of Fountain Hills to revise two definitions and to allow guest houses in any single-family zoning district by Special Use Permit, given certain restrictions. 16.) CALL TO THE PUBLIC Public comment is encouraged but please be advised that the Council has no ability to respond or discuss matters brought up during the Call to the Public as such discussion is prohibited by the Arizona Open Meeting Law. Town of Fountain Hills Page 2 of 3 Last printed 02/18/99 10:17 AM Town Council Meeting Agenda Regular/Executive Session February 18, 1999 17.) Pursuant to A.R.S. §38-431.03.A.3 and A.R.S. §38-431.03.A.7, VOTE TO GO INTO EXECUTIVE SESSION for discussion or consideration for legal advice with the attorney or attorneys of the public body; AND discussions or consultations with designated representatives of the public body in order to consider its position and instruct its representatives regarding negotiation for the purchase of lease of real property; respectively. 18.) RETURN TO REGULAR SESSION. 19.) ADJOURNMENT. DATED this 17th day of February 1999. /�By: l Cassie B. Hansen,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. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. L Town of Fountain Hills Page 3 of 3 Last printed 02/18/99 10:17 AM L Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERK Date: 02/17/99 Re: AGENDA UPDATE There are just a couple of minor changes to the agenda. Please make note of the following: 1 OEk #4- PROPERTY LINE ABANDONMENT This item has been deleted. AGENDA nEM #11 CO UNITY CENTER OPTIONS r p$ ted t ' t an item be placed on the agenda to discuss Community Cen coin r-octi r ons n e ossibility of allowing a public vote on all or part of the project. tstqftaitbe.otanyessistancei;rilease do not hesitate to call. 1 Page 1 of 1 Cassie Hansen Last printed 02/17/99 4:42 PM 02/17/99 MEMORANDUM TO: TH H I N 1 ' BLE MAYOR AND TOWN COUNCIL FROM: PAU ', 1, DIN, TOWN MANAGER DATE: FEBRIkRY 12, 1999 RE: MANAGER'S REPORT FOR THE FEBRUARY 18TH COUNCIL MEETING Reminder: The town offices will be closed on Monday, February 15th, in observance of the President's Day holiday, and next week will be busy. A special session regarding the Town's acquisition of the CCWC will be held Tuesday, February 16th, at 6:30 p.m. in the (note the location) Chamber of Commerce Conference Room. An Executive Session is scheduled to follow our regular council meeting on February 18th. I will brief key community people regarding the status of the state shared revenue situation on Friday, February 19t at 8:00 a.m. in Council Chambers. All councilmembers are invited to this meeting! CONSENT AGENDA: There are seven items on the consent agenda. Please note that packet material for Item#4 on the consent agenda was not available on Friday. If the material is not available by Tuesday, this item will be pulled from the agenda. Please review the items and contact me should you determine any should be removed. AGENDA ITEM#8—COURT ACTIVITY REPORT: Judge Shoob will share his report on the January 1999 court activities. AGENDA ITEM#9—RESOLUTION 1999-09/REJECTION OF COTTONWOODS OBJECTIONS: Scott Ruby, attorney for the Cottonwoods district, will be present to advise Council to reject the Armstrong's objections. Staff will be directed to proceed with the execution and delivery of the construction contract and levy assessment for the costs of the work. See Scott's memo. AGENDA ITEM# 10 - RECOMMENDATION TO REJECT COMMUNITY CENTER BIDS: Architect Rob Dietz will recommend that the 13 bids received on January 14th for the construction of the community center be rejected, and that it be re-bid in early April. Staff agrees with this recommendation. Cassie's report is attached. AGENDA ITEM# 11 & #12—RESOLUTION 1999-10/SPECIAL BOND ELECTION/LIBRARY & MUSEUM/RESOLUTION 1999-11/SPECIAL BOND ELECTION/PURCHASE OPEN SPACE: Council will consider the resolutions to call for the special bond election on May 18th and setting the amount of the bonds. Resolution 1999-10 asks for authorization to issue and sell $3,700,000 G. O. Bonds for the library/museum and Resolution 1999-11 calls for authorization for the acquisition of 9.25 acres of open space in the amount of$1,400,000. Scott Ruby will be present to answer any questions you may have. See Cassie's memo. AGENDA ITEM# 13—DESERT VISTA PARK MASTER PLAN: Al Lorenz, Chairman of the Parks and Recreation Commission Facilities Planning Subcommittee, and Bob Thompson, Principal of e-group, will present the Desert Vista Park master plan. This project has now been brought before the Council to enable the Parks and Recreation Department to compete for an Arizona State Heritage grant. This project is eligible for $700,000 in matching monies. Staff recommends approval. See Robin's memo. AGENDA ITEM# 14—FOUR PEAKS PARK MASTER PLAN: Al Lorenz and Bob Thompson will also present the Four Peaks Park master plan to the Council. Robin's report is attached. thir AGENDA ITEM# 15—ZONING AMENDMENT TO ALLOW GUEST HOUSES BY SPECIAL USE PERMIT: Councilmember Apps has requested that the Council consider initiating an amendment to chapters 1 and 10 of the current zoning ordinance. If approved, two definitions would be revised to allow guest houses in any single-family zoning district by special use permit with certain restrictions. Jeff's memo is attached. AGENDA ITEM# 17—EXECUTIVE SESSION: An executive session with the town attorney is scheduled to follow this council meeting. L Manager's Report February 18,1999 Council Meeting Page 2 of 2 L Interoffice Memo To: HONORABLE MAYOR AND TOWN COUNCIL From: CASSIE HANSEN, TOWN CLERK Date: 02/12/99 Re: AGENDA ITEM #2—SILVER STEIN EXTENSION OF PREMISE REQUEST AGENDA ITEM #3—SILVER STEIN EXTENSION OF PREMISE REQUEST AGENDA ITEM #9— RESOLUTION REJECTING COTTONWOODS OBJECTIONS AGENDA ITEM #10— RECOMMENDATION TO REJECT COMMUNITY CENTER BIDS AGENDA ITEM #11 —CALLING SPECIAL BOND ELECTION — LIBRARY/MUSEUM AGENDA ITEM #12—CALLING SPECIAL BOND ELECTION — LAKESIDE OPEN SPACE AGENDA ITEMS #2 AND #3 — EXTENSION OF PREMISE/PATION PERMIT REQUESTS FOR THE SILVER STEIN Rose r ' g Thom the Silver Stein, 17030 Enterprise Drive, has requested two extension of prpermitsAgenda item #2 requests an extension during the weekend of the Great Fair, ' 28th while agenda item #3 requests an extension for St. Patrick's Day, March 17, i999�� oth applicationsre ests to extend the Stein's liquor license to the area immediately adjacent to the west wallthe west'wet of t e building. The area will be fenced with a gate and security personnel insuring that all alcohol is kept within the enclosed area. These have both become annual,requests and there have been no violations or incidents in the past. Marshal Gendler has done his rt/iw a • e orsed bath requests. (Please see attached memos from Steve.) Staff tig AI* AGENDA ITEM#9- RESO AN 1999-09 REJECTING COTTONWOOD OBJECTIONS As reported in the last two TIP reports, the Clerk's Office received two letters of protest following e ttrce' of Nawar. of7 tid for the Cottonwoods Improvement District. Wayne and Kathleen trong submi, ''eiyetters stating that the "provisions, acts or proceedings" were "irregular, defe' le erroneous:errortot or faulty". Copies of the notice and the two letters are included for your referent ^ cott Ruby, attorney for the district, reviewed the letters and found them to be "not well taken". He subsequently has recommended that the Council pass Resolution 1999-09 at the February 18th meeting thereby rejecting the objections. Please see the attached memo from Page 1 of 3 Cassie Hansen Last printed 02/12/99 3:01 PM 02/12/99 February 12, 1999 Scott. Approval of Resolution 1999-09 will also direct staff to proceed with the execution and delivery of the construction contract to the contractor and the levy assessment for the costs of the work. On the advice of Counsel, staff recommends approval. AGENDA ITEM #10— RECOMMENDATION TO REJECT COMMUNITY CENTER BIDS As reported at the January 21st Council meeting, all of the bids received for the proposed Community Center exceeded the budget. Over the last four weeks, Rob Dietz and his staff have carefully reviewed all of the bids and obtained significant information from the bidders. Earlier this week, Rob met with the Mayor, members of the Community Center Advisory Commission, and Town staff. After reviewing the information presented and assessing the items identified for possible reduction, the group concurred that all bids should be rejected. Enclosed in the packet is a letter from Rob Dietz recommending that the Council reject all bids, direct the architect to work with the Commission to reduce the scope of the project by $1.3 million, and to rebid the project. Staff recommends the acceptance of the architect's recommendation to reject all bids. AGENDA ITEMS #11 AND #12—CALLING THE SPECIAL BOND ELECTION FOR MAY 18 At the January 4th Council meeting, staff was directed to notify Maricopa County Elections of the Town's intent to call and conduct a special bond election for May 18th. The purpose of the election would be to submit to the qualified electors the questions of authorizing the issuance and sale of general obligation bonds to finance a new library/museum building and the acquisition of Lakeside Village open space. It is time for the next step of the process which is the consideration of the resolutions ordering and calling the election and setting the amount of bonds to be considered. In order to make it clear that two separate issues are being voted on, bond counsel Scott Ruby has prepared separate resolutions for each of the issues. Resolution 1999-10 calls the election for the library/museum issue and asks for authorization to issue and sell $3,700,000 general obligation bonds. The Council may recall that the amount quoted for the library/museum at the January 7th meeting was $3.368 million. Mr. Ruby advised that bonds are not generally issued in such increments and that the amount should be rounded to $3.4 million. The second adjustment to the price was made very recently during the review of the Community Center bids. Included in those specs were the mechanical plant extension from the Community Center to the library facility and certain landscaping components. Due to the rejection of the bids and the possible re-bidding of the Community Center project on a scaled-back basis, the mechanical and landscaping elements required for the library/museum (estimated at $250,000) had to be added to the original cost. The revised cost of$3,618,000 million was rounded to $3.7 million and is reflected as such in Resolution 1999-10. Revised debt schedules and tax rate impact charts are included with the resolution. Resolution 1999-11 calls the election for the acquisition of 9.25 acres of open space and asks for authorization to issue and sell $1,400,000 general obligation bonds. The description of this property appears in the ballot language that appears in Exhibit A of the resolution. A map and legal description are also attached. L 2 February 12, 1999 Approval of these resolutions will place the two bond questions before the qualified electors on May 18th. If the Council wishes to remove one or both of the items from the ballot, they must vote to do so no later than March 4, 1999. If the Council wishes to proceed with the special bond election in May, staff recommends approval of Resolutions 1999-10 and 1999-11. Scott Ruby will be at the Council meeting on the 18th and available to answer any questions on the items pertaining to the Cottonwoods and the bond election. If you have any questions or need additional information, please do not hesitate to contact me. 3 ARIZONA DEPARTMENT OF LIQUOR LICE �,�cc��J�& CONTROL Ryr RECEI\/Eu w� ry 800 W Washington 5th Floor 2: �� :' 400 W Congress#150 Phoenix AZ 85007 � � �•��,? FEB 0 2 1999 Tucson AZ 85701 ,i (602) 542-5141 ' rr� =OUN/TAIN HILLS TOWN CLERK (520) 628-6595 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT 0 Permanent change of area of service c� E Temporary change for date(s)of: /i� ��U/`I /7 `/fly I. Owner or Agent's Name: 152z9.eW//l/C-54_ le S�`i ? Y Last First Middle 2. Mailing Address: p 'Q• BD k �7 f �- G{It1 T/9/Al H/LL S �L �-SiZ 1 City State Zip 3. Business Name: l S /,�, U E 12 S �//\,/ LICENSE#:/2 D 7 D-2) 4. Business Address: /7D3 n /e/1/7i p404'iZ G /SAC • 7qA/G p{)A !92- SSz cf City COUNTY State Zip / 5. Business Phone: - ) 8 3 7--7, Residence Phone:( ��2- ) F37'�7 gT 6. Are you familiar with Arizona Liquor Laws and Regulations? lid" YES 0 NO c. What security precautions will be taken to prevent liquor violations in the extended area? -e-<,1--r- --le--' 8. Does this extension bring your premises within 300 feet of a church or school? la/YES 0 NO 9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. ****After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or Designate for their recommendation. This in premises is MMENDED by the local Board of Supervisors,City Council or Designate: Lere,l'i .___ //`"(24/t" I-111 CL' I Or 11-1 r`lh_fd://- (Authorized ignature) c j (Title) L (Agency) I,4 S t J'7 r ze p K/9.e,j'Aia-.Xteg first duly sworn upon oath,hereby depose,swear and declare,under (Print full name) penalty of perjury,that I am the APPLICANT making foregoing application and that the application has been read and that the contents thereof d all statements contained therein are true,correct and complete. X Ss-a / - 1�SCRIBED IN MY PRESENCE AND SWORN TO before me (Signature• ' . r or Agent) .y p OFFICIALS V" `' LINDA D. LE y of 1�4 .... - Month Year MryARICOPAC• lig My oomm. y._ `7r � --'Stibevly commission expires on: — — =, _ - --_:_-_7 - ' , IC l// I (Signature of NOT Y PUBLIC) Investigation Recommendation: Date: Licensing Approval: Date: *Disabled individuals requiring special accommodation,please call the Department. UCO1 O5 11i97 v . / - I ivo<1 � E . inior9,4"-vie?' ---1:=T--Z--- v A ! ..\--.1 i ! N., ' L4 f,,',k \. t. I. 1 6 1,--) n o LI\ qi v% , .,.._.____, .(NI .1, \' , i Li .1 , 1------ ' '< sQ , ii 4..... 1 io : .._.___. ... c),( --2.,,. I a o i '.04 44K) LI il -v , .ci) 6 , clao ' o c.„ % 1 o :0 i , -, . \N'\ 1.° 1 Ft . 1 , L_i. — -, ...._.Q., cz ---— - N', `'.' \vi I - r w 'na ��� I ' 4 i Ni , ,. I r � I (4., 1 ! \x. I It, _..iI1 0 '.t. o . I v ,_ , , ARIZONA DEPARTMENT OF LIQUOR LiftRigkrebCONTROL 800 W Washington 5th FloorFEB 0 2 1999 400 W Congress#150 tyt Tucson AZ 85701 Phoenix AZ 85007 FOUNTAIN HILLS (602) 542-5141 ttrun TOWN CLERK (520) 628-6595 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT 0 Permanent change of area of service,.— ErTemporary change for date(s)of: 1. Owner or Agent's Name: L5)/e./(2/ 7)G-L-7/ Last First '/ Middle 2. Mailing Address: if). gn X /7 9 22 f Q c ui 11 'A//i L L S City State Zip 5 3. Business Name: S/�.�/,Iz 74/J't) LICENSE#:/2 d 7 D-p/- 4. Business Address: /7 D 3 O /1)7f R/ /14-X/G D /9 r City COUNTY State Zip 5. Business Phone:( ) g 3 7- 9 73 y Residence Phone:( /2,7, ) 8 3 7—;—.7 f ' 6. Are you familiar with Arizona Liquor Laws and Regulations? [LYES ❑ NO (kw'. What security precautions will be taken to prevent liquor violations in the extended area? ' 8. Does this extension bring your premises within 300 feet of a church or school? BYES ❑ NO 9. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. ****After completing sections 1-9 bring this application to your local Board of Supervisors, City Council or Designate for their recommendation. This ge in premises i OMMENDED by the local Board of Supervisors,City Council or Designate: GA YY1at,1or ow►� F5 11 S (Authorized Signatur (Title) (Agency) I,45E-n_ 9ie y 4e.},(2/e/ t2G--E kbeing first duly sworn upon oath,hereby depose,swear and declare,under (Print full name) penalty of perjury,that I am the APPLICANT making foregoing application and that the application has been read and that the contents thereof all statements contained erein are true,correct and complete. SUBSCRIBED IN MY PRESENCE AND SWORN TO before me (Signature o r or Agent) ,/ LINDA OFFIClm ;;,Y I 1� ';l ► Of Mci Year NoLryRRICOPA..ou�. vi commissioneX ireson: . - _ ktvmmm. `• ; y.- /� ) L Y P _,.a'Ifr `i . �iCC..XXX (Signature of NOTARY PUBLIC) Investigation Recommendation: Date: Licensing Approval: Date: *Disabled individuals requiring special accommodation,please call the Department. UC01O5 1197 in '7zisi7-9->c›-v,7 . i: cis ' E ' i : v i! _\ 1 A : . . ! - ,,. I L4 . fsk \. iv , . 1: o Lf\T 1 � ! 6 n n ...._______ . _ •u d t_________! . < .:,4 1 i 1 .z14 io , . .ki - L t '0 ‘-7 )\ 0 0 - . C9° li 1 I. 6 1 '''''' c. , ° 'z, _42 1 Q n Cl.‘ 1 0 cz i _ Ltk eliasajaji 4 1 1 cb I I is r I a I L i tU i ` ii , ct:_*- I mac-- i v . ! 1 Chron 34 MEMORANDUM TO: Honoral le Mayor and Town Council FROM: ' larrel, Town Engine eqM\ THROUGH: Paul din, Town Manager DATE: Feb 8, 1999 RE: Street Name Change Morning Glory Lane to Cactus Flower Way The Engineering Department and Community Development Department recommend approval of the street name change from Morning Glory Lane to Cactus Flower Way, as requested by SunRidge Canyon, L.L.C. Morning Glory Lane is too similar to the existing street name "Morning Glory Way" in SunRidge Parcel G-South. SunRidge is the owner of the affected properties on the street. If this name change is approved, we will notify the affected utilities, emergency services, and other governmental agencies. L SRC,Morning Glory Lane to Cactus Flower Way.doc TOWN OF FOUNTAIN HILLS • JAN 2 8 1999 SUNRIDGE ENGINEERING DEPARTMENT CANYON January 26, 1999 Town of Fountain Hills P.O. Box 17958 16836 E. Palisades Blvd. Fountain Hills, Az. 85268 Attn: Randy Harrel Re: Street address change Dear Randy, SunRidge Canyon L.L.C. respectfully requests a street name change for Parcel L. The recorded Final Plat has Morning Glory Lane; we would like the name changed to Cactus Flower Way. This request is due to a similarity of another street name, Morning Glory Way, in Parcel G-South. If you have any questions, please feel free to contact me at 837-3604. Thank you. SunRidge Canyon L.L.C. at„ . C? Joshua S. Crothers Site Superintendent JSC/bjb L SunRidge Canyon L.L.C. • 12825 N. SunRidge Drive • Fountain Hills,AZ 85268 • (602) 837-3604 fax:(602) 837-3183 1-800-822-2885 Chron 35 MEMORANDUM TO: Honorable Mayor and Town Co cil FROM: Ra L arrel, Town Engine ' 1 THROUGH: Paul din, Town Manager DATE: Febru 8, 1999 RE: Street Name Change Twilight View Drive within Eagle Mountain Parcel 14 to Azure Court. The Engineering Department recommends approval of the street name change from Twilight View Drive (in Eagle Mountain Plat 14) to Azure Court, as requested by Eagle Mountain Investors. Eagle Mountain Investors, L.L.C. is the owner of the affected properties on the street. Twilight View Drive in Eagle Mountain Parcel 10/11 does not line up with this street in Parcel 14 and 15. Additionally, in Parcel 10/11 the street addresses are East-West, and in Parcel 14 and 15 the addresses should be North-South. The need for this change was noted prior to re-platting Parcel 15 and so is correctly shown as Azure Court on that recorded plat. The change therefore, is only required for Parcel 14. If this name change is approved, we will notify the affected utilities, emergency services, and other governmental agencies. L EM,Twilight View Drive to Azure Court.doc 02/05/99 16:46 FAX 602 265 7740 COMMUNITIES SW i 001 Neighborhoods With Lasting \/slue February 5, 1999 Mr. Ken Valverde Town of Fountain Hills 16836 E. Palisades Blvd. Fountain Hills, Arizona 85268 Re: Eagle Mountain Parcel 14, Twilight View Drive Street Name Change Request Dear Ken: Per our discussions, this letter shall serve as the declarants formal request to change the street name of Twilight View Drive within Eagle Mountain Parcel 14 to AzureDrivC. coal—. �/ If you have any questions please feel free to call me. �N zg_q7 Very truly yours, EAGLE MOUNTAIN INVESTORS, L.L.C., an Arizona limited liabil'. .mpany .� • / G, By: — . en Pritulsky, Vice President of Denro, Ltd., the authorized agent of Eagle Mountain Investors, L.L.C. kmb:SMP cc: file . `59+1.?lforth 16th Street Suite 460 Phoenix,Arisen 85016 602.265.1952 Fax 602.265.7740 --=1111.OldSprings Road Anaheim,California 92909 F:\ARCH►Vk\KELLY\STEVE\.EAGLE\ValverdeTFll Narnechange.doc 714.279.6555 Fax 714.279.6556 Town of Fountain Hills Memorandum DATE: February 12, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder,Community Development Directors THROUGH: Paul L. Nordin,Town Manager SUBJECT: Appointment of two new McDowell Mountain Preservation Commissioners Due to the resignations of Curt Dunham and Loras Rauch from the McDowell Mountain Preservation Commission,there is a need for the Town Council to appoint two new Commissioners. After a long advertising period the Town has received two applications. Mayor Morgan has therefore decided to nominate the two applicants,Mr. Robert F.Mock and Mr. Bill Trask to the McDowell Mountain Preservation Commission. Mr.Mock will fill the unexpired term of Curt Dunham and Mr.Trask will fill the unexpired term of Loras Rauch. Staff has contacted both of these gentlemen and both are willing and eager to serve the Town as ( McDowell Mountain Preservation Commissioners. Attached are Mr.Trask's and Mr. Mock's �r applications. An affirmative majority vote of the Town Council is needed to appoint someone to the McDowell Mountain Preservation Commission. L TOWN OF FOUNTAIN HILLS (are BACKGROUND AND PERSONAL DATA OUTLINE FOR APPOINTMENT TO THE MCDOWELL MOUNTAIN PRESERVATION COMMISSION NAME: Rod T f / floc( PHONE: ec> '7 /7 2 3 ADDRESS: /v 1:/`-43 £. ,Bye©diea 1)/; i i ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS? YES NO PLEASE SUMMARIZE YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained, if any) L-ynG/ fr'i h hoe, / 44devij t Ai;4Qn / ) Giza/ GG1z .0Y-v Pe st.�n j GM/a. B. s. in As9 1?S"-d PRESENTLY EMPLOYED BY: IRef&IreI f'h'nt Gehl 1;tre!/,'e e /be" JOB TITLE: Dpe!r> 71-feits 0Pfter PHONE: L. BUSINESS ADDRESS: PHONE: CURRENT ORGANIZATIONAL MEMBERSHIPS &OFFICES HELD: Poem/v./ Jhri iie Lib rttr\/ f905:i - aeon/ ,we wIe r, #h! Com,,yer/6 O er C.�Ntlhissr�7 / xl�er, k: ht ,?2°,Lho isf ce•- Ict/�ea4' eh, m iw6er P N &'mAl /1/:9 CAo►u,5 t91 atie r c� �;/�i! I rt-elreers , PAST ORGANIZATIONAL MEMBERSHIPS & OFFICES , HELD: �7�`1 Rota p Clubs o P h viiirer o#,S DATE: f . l9 SIGNATURE: 01. 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Valloroso Dr Fountain Mills,AZ 85268 ARE YOU REGISTERED TO VOTE IN TOWN ELECTIONS? X YES NO PLEASE S YOUR EDUCATIONAL BACKGROUND: (Including colleges attended and degrees obtained, if any) University of Delaware;major in Anthropology,minors in Biology and American History numerous corporate management and personal computer classes PRESENTLY EMPLOYED BY: PCS Health Systems, Inc. JOB TITLE: Supervisor PHONE: 391-4447 BUSINESS ADDRESS: 9501 E. Shea Blvd. Scottsdale,AZ 85260 PHONE: 391-4100 CURRENT ORGANIZATIONAL MEMBERSHIPS AND OFFICES HELD: National Geographic Society Tread Lightly - charter member PAST ORGANIZATIONAL MEMBERSHIPS AND OFFICES HELD: Boy Scouts of America- Scout, Scoutmaster, Camp Counselor Archaeological Institute of America-Associate Member DATE: 1/21/99 SIGNATURE: 11d64, S �� TOWN OF FOUNTAIN HILLS MCDOWELL MOUNTAIN PRESERVATION COMMISSION Please explain and describe why you are interested in serving on the Fountain Hills McDowell Mountain Preservation Commission. Also please state what your goals and objectives in serving on the Commission would be. Finally, please indicate your feelings about the growth and development that you now see taking place in our community. Attach additional sheet,if necessary. I believe that the McDowell Mountains should be preserved in as natural a state as possible, and that only through personal involvement can I be in a position to influence the future of this remarkable area. Such is my objective. My goals are more personal: to make my voice be heard, to influence other members of the community to become involved in preserving the quality of life which first attracted us to Fountain Hills and to no longer sit idly by and bemoan the loss of rare habitat to development. I have spent the better part of my non-working life outdoors and regret the loss of any place where Nature reigns. L As to current growth and development, I find that this town has rapidly lost many of the qualities which attracted my wife and me to Fountain Hills 8 years ago. It is no longer the small friendly place surrounded by `unspoiled" desert with limitless natural views. Coyotes and javalina have given way to the bulldozer's blade and the carpenter's hammer. Preserving what remains of the McDowell Mountains may be our last best hope of salvaging some little piece of that natural element. L WILLIAM S. TRASK (iw 14610 N Valloroso Drive Fountain Hills, AZ 85268 (602) 837-1438 QUALIFICATIONS: Extensive experience in high volume production environments and service- oriented operations, including budgeting, staffing and employee relations. Strong analytical skills, organized, detail-oriented, highly developed written and verbal communication skills, leadership skills, good sense of humor. Experienced on PC spreadsheet, word processing and graphics software. WORK HISTORY: 1985 - present Supervisor - PCS Health Systems, Inc., Scottsdale, AZ Responsibilities: scheduling; implementing and enforcing departmental and company policies and standards; interviewing, hiring and training personnel; budgeting, process analysis. 1984 - 85 Microfilm Operator -American International Co., Wilmington, DE Responsibilities: microfilm claim forms and applications, retrievals, denial letter writing and general mailroom duties. 1978— 84 Warehouse Manager- Bilco Sales, Inc., Phoenix, AZ Responsibilities: inventory control for six store audio and video retail chain; ordering product, delivery of products to stores, inventory and tracking of more than $10 million in electronic equipment, contracting warranty repair, preparing invoices, wholesale selling. 1975 - 78 Store Manager- B&H Enterprises, Newark, DE. Responsibilities: ordering stock, maintaining inventory, verifying and paying invoices, balancing cash register receipts and making daily bank deposits, hiring and training full and part time clerks. 1975 General Laborer -Kershaw Construction Co., Wilmington, DE. Summer employment as laborer with asphalt paving contractor. 1973,1974 Nature/Ecology Director - Ceasar Rodney Boy Scout Reservation, Northeast, MD. Responsibilities: development and implementation of instructional programs and merit badge sessions for all nature and ecology areas. EDUCATION &TRAINING: 1971 — 1976 University of Delaware, Newark, DE. L, Major: Anthropology; Minors: Biology and History OTHER INTERESTS: Photography, camping, hiking, sports. Fountain Hills Municipal Court Monthly Report January 1999 LASES FILED MONTH FYTD COURT DPS MCSO FHMD PROS Civil Traffic 307 2,438 (0) (3) (235) (69) (0) Criminal Traffic 51 265 (13) (0) (29) (9) (0) Misdemeanor 48 397 (10) (0) (31) (6) (1) OOP/IPH 8 59 (8) January 1999 414 3,159 (31) (3) (295) (84) (1) January 1998 419 2,807 CASES TERMINATED MONTH FISCAL YEAR TO DATE Civil Traffic 367 2,633 Criminal Traffic 42 301 Misdemeanor 56 393 OOP/IPH 7 58 January 1999 472 3,385 January 1998 372 2,745 HEARINGS/TRIALS HELD MONTH FISCAL YEAR TO DATE Civil Traffic Hearings 13 96 Traffic/Criminal Trials 2 10 Juvenile Hearings 8 98 PTC/OSC/SR Hearings 37 347 OOP/IPH Hearings 2 11 January 1999 62 562 January 1998 76 463 January 1999 Revenue Received $ 28,075 98-99 FISCAL YEAR TO DATE $221,851 January 1998 Revenue Received $ 24,660 97-98 FISCAL YEAR TO DATE $176,657 Lianuary 1999 Outstanding Balance $296,037 January 1998 Outstanding Balance $293,819 MEMORANDUM Date: February 11, 1999 To: Mayor and Council From: Scott W. Ruby, Bond Counsel Subject: Cottonwoods Construction Improvement District As you are aware, the Cottonwoods Improvement District has awarded a construction contract for the performance of the work described in the Resolution of Intention (Resolution No. 1998-07). Pursuant to the Arizona Revised Statutes, notice of the award of the construction contract was published, posted and sent to those individuals who had previously filed protests against the District. In response to the notice, one property owner (Mr. and Mrs. Armstrong) filed two letters of protest. The letters of protest do not specifically point out any particular issue relating to the proceedings or the award of the construction contract, but rather, reassert their general objections which they made when they presented their objections to the Resolution of Intention. At the original hearing on their objections to the Resolution of Intention, the Council overruled their protests and objections and went forward with the project. In light of the fact that the protests appear to be the same as the Council originally overruled, a resolution has been prepared for your consideration which, if adopted, would deny their current protests. If the protests are denied and the resolution is adopted, the improvement district process will continue. Specifically, hereafter letters requesting cash payment will be sent to each property owner. The letters will provide that each property owner has approximately 25 days to pay their assessment in cash. If the assessment is paid in cash, the lien against their property levied by the Cottonwoods Improvement District would be extinguished. (The Maintenance District would continue to bill for annual maintenance expenses.) If they elect not to pay in cash, then the assessment will "go to bond" and thereafter they will pay the assessment in semi-annual installments for twenty years. Once the cash collection period ends, the final bond resolution must be adopted by the Council, the bond issue then would close and the contractor could be given the notice to proceed shortly thereafter. If the protests are upheld, the Council must determine what specifically is being upheld. If the Council determines that the protest is correct in the position that the property should not be assessed, then the entire improvement district would probably need to be extinguished. If the protest that was upheld for reasons involving some irregularity in the proceedings (nothing specifically has been alleged), then perhaps the particular deficiency could be corrected without extinguishing the entire district. As bond counsel, I know of no reason the protest should be upheld. SWR:joy 295017.01 2/11/99 NOTICE OF AWARD OF CONTRACT FOR CONSTRUCTION OF THE WORK KNOWN AS TOWN OF FOUNTAIN HILLS,ARIZONA,COTTONWOODS IMPROVEMENT DISTRICT Pursuant to the provisions of §§48-571 through 48-619, inclusive, Arizona Revised Statutes, and all amendments and supplements thereto,NOTICE IS HEREBY GIVEN that the Mayor and Council of the Town of Fountain Hills,Arizona(hereinafter the"Town"),in public session on January 7, 1999 examined and publicly declared all bids offered for the improvement lcnown as Town of Fountain Hills, Arizona, Cottonwoods Improvement District; and that thereafter on such date, the Mayor and Council awarded the contract for the construction of such work to Valley Rain Construction Corporation,the lowest and most responsible bidder for the kind of material and specifications set forth in the plans and specifications for the aforementioned improvement at the unit prices named for said work in such proposal on file in the office of the Town Clerk.The total amount bid by the winning bidder based on the Engineer's estimate of quantities is S74,322.00. The Engineer's estimate of construction costs was$34,200.00. The Town reserves the right to rescind the award of the construction contract if: (i) for any reason no bonds are sold or the amount available after the sale of the bonds is less than the amount necessary to pay such contract,(ii)in the event the Council upholds any objection to the award of the contract or(iii)the rights-of-way and public utility easements necessary for construction of the improvements have not been obtained. If,because of pending or threatened litigation concerning any one or more parcels subject to assessment, the Town and the winning bidder receive a written opinion of Bond Counsel stating that bonds cannot be issued against such parcel or parcels or all of the rights-of-way necessary for construction of the improvements have not been obtained by the Town, the Town may then cause the construction contract to be modified to exclude from the applicable contract some or all of the work which will benefit the parcel or parcels in question. The filing of a certificate and request that no bonds be issued against any parcel pursuant to §48-597, Arizona Revised Statutes,may be deemed to be threatened litigation. The said Mayor and Council have determined that improvement bonds shall be issued in the name of the Town but payable only out of the special fund collected by the Town from the assessments levied and assessed against the property included within the assessment district described in Resolution No. 1998-07 and will bear interest at a rate not to exceed twelve percent(12%)per annum. Any owner,or any other person having an interest in any lot, piece or parcel of land situated within the above-described District, who claims that any of the provisions, acts or proceedings relating to the above- described improvement are irregular, defective, illegal, erroneous or faulty, may file with the Town Clerk, 16836 E. Palisades, Building C, Fountain Hills, Arizona 85268, within fifteen (15) days from the date of the first publication of this notice, a written notice specifying in what way said acts or proceedings are irregular, defective, illegal, erroneous or faulty; if no such notices are filed, the Superintendent of Streets will continue with the proceedings and ultimately allows the above-named company to make said improvements for the total fixed amount specified in said proposal or bid. Dated: January 7, 1999. s/s Cassie Hansen, Clerk,Town of Fountain Hills,Arizona SWR:gmh 290364.01 1/S/99 CT J / CC;7 'OPJ wv;i(1 : 11 FFF1 71 'uer January 17, 1999 RECEIVED JAN 1 8 1999 Ms. Cassie Hansen, Clerk FOUNTAIN HILLS Town of Fountain Hills TOWN CLERK 16836 E. Palisades, Building C Fountain Hills, Arizona 85268 Ms. Hansen: We are in receipt of the "NOTICE OF AWARD OF CONTRACT FOR CONSTRUCTION OF THE WORK KNOWN AS TOWN OF FOUNTAIN HILLS, ARIZONA, COTTONWOODS IMPROVEMENT DISTRICT" from your office dated January 7, 1999. We would like several points regarding this, and past, correspondence noted for the record: The correspondence refers to "fifteen (15) days from the date of the first publication of this notice" without specifying when this date was or how it could be determined. The letter was postmarked January 15, 1999 in Phoenix and received by us on January 16, 1999. This is absurd based on the location of Cottonwoods residents from the town office. This a continuing example of irresponsible management and is particularly infuriating when demonstrated by elected officials who have a responsibility to all residents, not just those supporting a proposed action. Previous correspondence and public coverage of this issue infers that a majority of the Cottonwoods homeowners support this action, which in fact, the council knows is not true. A number of the homeowners are not here on a regular basis which makes it difficult to represent ourselves and protect our investment. The last paragraph of this correspondence should be embarrassing to every member of the council and to all public employees involved. It basically says there are several things that may have been done illegally but we have to determine specifically what occurred. Obviously, this means we have to spend money for an attorney to investigate: Which Arizona statutes apply to this process. Which statutes or their respective processes, may have been violated by either our elected officials or town employees. Ms. Cassie Hansen, Clerk Town of Fountain Hills 01/17/99 Page 2 This correspondence will serve to inform you that we take exception to the process, conduct of the council, and the objectives of this action, including: Forcing all residents of the Cottonwoods to maintain other homeowners property in the absence of their personal responsibility and conscience. Arbitrarily limiting proposed maintenance to three exterior walls, while expecting homeowners within the Cottonwoods to maintain the remaining exterior walls (ex: La Casa) and pay for the maintenance of walls for homeowners who lack the responsibility to do so. Providing a sidewalk for the Saguaro side of the Cottonwoods (where there is no exit from the Cottonwoods) which should clearly be provided through existing property taxes. Threatening property liens of residents who promptly pay their taxes and meet their moral and legal obligations to maintain their property. We maintain our previous objection to issuing bonds based on our property in accordance with existing Arizona statute, and hereby inform you that shortly you will be contacted by an attorney representing our interests in this, and any related matters. This individual will be authorized to examine and pursue any individual or class actions/remedies that may be applicable to the processes or any individual actions involved with this matter. From: Wayne E. & Kathleen Armstrong 17026 E. Aloeprive, Fountain Hills, Arizona 85268 Y,71t,e- - Received by: Name & Title Frfr Sign ture & Date January 20, 1999 RECEIVED Ms. Cassie B. Hansen, JAN 2 1 1999 Town Clerk/Director of Administration FOUNTAIN HILLS Town of Fountain Hills TOWN CLERK 16836 E. Palisades Boulevard Building C Fountain Hills, Arizona 85269 Re: Cottonwoods Maintenance District Ms. Hansen: The original estimate of the "repairs" were in the low to mid $30,000 range, then budgeted for $46,800, then estimated at $50,112, with a low bid of$74,322. In addition, in a joint letter dated 12/03/98 Randy Harrel, Town Engineer, and Paul Nordin, Town Manager reported that bond interest would not exceed 8%, while your letter of 01/07/99 (little more than a month later), stated 12%. Now it has been reported that the Council has stated that the Town will absorb approximately 1/3 of this cost. Obviously these town funds represent interests of Fountain Hills residents who do not benefit from the Cottonwoods Maintenance District. This situation should have already become completely intolerable for everyone involved. The following statements are being made on advice of council: We adamantly object to the formation of the Cottonwoods Maintenance District and the activities it will support. We do not believe that the District, or the proposed improvements, either individually or collectively benefit all of the homeowners within the Cottonwoods Maintenance District, and in fact, serve to improve the value of a small number of selected properties within its boundaries. In accordance with existing Arizona Statutes, and having previously provided proof of ownership of property within the Cottonwoods Maintenance District, we hereby reaffirm our opposition to the issuance of bonds against our property. Further, we believe the statement in your recent correspondence that if we believe any provisions, acts or proceedings relating to the described improvements are irregular, defective, illegal, erroneous, or faulty, we may file with the town clerk, specifying in what way said acts or proceedings are irregular, defective, illegal, erroneous, or faulty is, in fact, the responsibility of the Town Council, Town Manager, and Town Engineer. Council members were elected, and town employees were hired, to represent the interests of the citizens of Fountain Hills, and your statement does not absolve them of their obligations from either a legal or moral perspective. Vbayne E. Armstrong 17026 East Aloe Drive Fountain Hills, Arizona 85268 Cc: David R. Baker Attorney at Law RESOLUTION NO. 1999-09 RESOLUTION REJECTING THE OBJECTIONS RELATIVE TO THE TOWN OF FOUNTAIN HILLS,ARIZONA, COTTONWOODS IMPROVEMENT DISTRICT. WHEREAS, the Town of Fountain Hills, Arizona, Cottonwoods Improvement District (the "District") in open session publicly declared the bids received for the construction of the work as described in Resolution No. 1998-07 and thereafter awarded the contract to perform the work to Valley Rain Construction Corporation (the "Contractor"); and WHEREAS, notice of the award of contract (the "Notice") was published pursuant to the requirements of Arizona Revised Statutes ("A.R.S.") Section 48-584 and the Notice was mailed to the Contractor and each person who had previously filed a protest or objection to the District pursuant to A.R.S. Section 48-579; and WHEREAS, within fifteen days from the date of the first publication, two objections were received from persons having an interest in a lot liable to assessment, which protests related to an objection to the performance of the work and the assessment of the costs therefor by the District; and WHEREAS, the Mayor and Council have considered the objections and finds they are not well taken; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA, that: Section 1. The two objections received pertaining to the District are not well taken and are rejected and the Town's staff is hereby authorized and directed to proceed with the execution and delivery of the construction contract to the Contractor and proceed with levying the assessment for the costs of the work. Section 2. Improvement bonds in the amount of the total of all unpaid assessments are hereby ordered to be sold in accordance with the requirements of law. PASSED, ADOPTED AND APPROVED on February 18, 1999. j/4.,ef /./7/(n( Mayor ATTEST: 64//tL, /0-A-114-44-- Clerk c PASS FAIL - 7 •TION (A-)i33; 1wff SWR:gmh 293873 2/4/99 SECOND bO J M o.YL COUNT 1—b !IIIHOiHiUi I I!I! !I!iL I.iI%11.=1 February 10, 1999 Hofmann-Dietz Mr. Paul Nordin, Town Manager Architects,Ltd. Planners& Town of Fountain Hills Construction P.O. Box 17958 Managers Fountain Hills, Arizona 85269 459 N.Gilbert Road Suite C-200 Gilbert,AZ 85234 PROJECT: New Community Center office: (602)539-8800 Town of Fountain Hills Fax: (602)539-8608 Architect's Project No. 9720 Modern:(602)539-8926 E-Mail:hdaghd-architects.cnm SUBJECT: Recommendation of Bids Principals lack T.Hohmann,A.I.A. Rob Dietz Dear Paul, Cheri A.McClure fames A.Morris,P.F. On Thursday, January 14, 1999 we received bids from 13 General Senior Associates Contractors for the New Community Center. The base bids ranged Ion P.Anderson,A.I.A. from $8,773,000 to $10,581,000. After nearly 4 weeks of analysis of the (ssiefe Barker bids, including specific information supplied by the apparent low, it is ,R.Mason Hite,III my recommendation that we reject the bids, work with the Associates Community Center Commission to reduce the scope by at least $1.3 Bruce Scott million, and rebid the project in early April. Respectfully, HOFMANN-DIETZ ARCHITECTS, LTD. owti Rob Dietz RD/mv L ..... A o wonCMINN a. 0 (Iw .��', VGOMM MUM , , _5 8 O ...�. ��yy I I _ — ��.�w E-+ o I cti N -- III0 g Y — O O•as - m in VprZ HN U < ti cj cc O O Z z W ' w Ay oc C C 1 Q E.' , , 2 a) cd O EN+ 14, Q ' ' cz a 2 C_ ►' O ca E-C C w o 0 0 0 u. Ho o 0 z r 0 0 0 0 0 0 0 0 0 0 0 0 co �, � a 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 W O . a0 N tri .- c� O O t1j d- CD Ch `- > U Z M �' to to to d' �t lf) Cr) r- LU N L .O C M J to to Ef? to to (f� to to co. 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E— i co m Et co o z co < m c7 0 E-- a RESOLUTION NO. 1999-10 RESOLUTION ORDERING AND CALLING A SPECIAL BOND EL ECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA, ON MAY 18, 1999, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION OF AUTHORIZING THE ISSUANCE AND SALE OF UP TO $3,700,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, PROJECT OF 1999, TO FINANCE A LIBRARY AND/OR MUSEUM. WHEREAS, the Mayor and Council of the Town of Fountain Hills, Arizona, believe it to be in the best interest of the Town to authorize the issuance and sale of a total of up to $3,700,000 principal amount of General Obligation Bonds to complete two separate purposes; and WHEREAS, it is necessary that the Mayor and Council submit the question of the issuance and sale of such bonds to the qualified electors of the Town; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA: Section 1. A special bond election in the Town of Fountain Hills, Arizona, hereinafter referred to as the "Town", is hereby called to be held on May 18, 1999, to submit to the qualified electors of the Town the question as shown on the form of ballot attached hereto and marked Exhibit A. Section 2. The Clerk is hereby directed to cause the preparation and distribution of an information pamphlet and sample ballot for the Town pursuant to A.R.S. § 35-454. The officers of the Town are hereby authorized to prepare and deliver or cause to be prepared and delivered to the Clerk the information necessary or appropriate for completing the information pamphlet, including, without limitation, the estimated debt retirement schedule, estimated issuance costs, estimated tax rate impact on an average owner-occupied residence and commercial industrial property, current outstanding debt and debt limitation, an introductory statement on behalf of the Town, and a statement of the purpose for which the bonds are to be issued. Section 3. Notice of the special bond election is ordered to be given by causing the information pamphlet to be mailed not less than ten (10) days and not more than forty(40) days before the date of election to the residence of each registered voter of the Town as shown on the general county register. The Clerk is hereby authorized and directed to cause the information pamphlet to be prepared and mailed as required by law and in accordance with the provisions of this resolution and to cause a copy of the information pamphlet to be submitted to the Arizona Department of Revenue within thirty(30)days after the election. Section 4. The Clerk is hereby directed to cause ballots to be printed and delivered to the election boards to be furnished to the qualified electors offering to vote at the election. Section 5. The election will be conducted and the poll lists kept, and the votes cast thereat shall be counted and tabulated and the returns thereof will be made in the manner provided by law and only persons will be allowed to vote at the election who are qualified.electors pf tti T ASS/FAIL - - ON A SwR:gmh 293698.01 J9/99 1 SECOND l� S�►O The election may be consolidated with any other election conducted in or by the Town on May 18, L., 1999. Section 6. Early voting will be permitted at the election in accordance with the provisions of Title 16, Chapter 4,Article 8, Arizona Revised Statutes, as amended. Section 7. The Council hereby authorizes all expenditures as may be necessary to order, notice, hold and administer the special bond election. All actions of the members of the Council, officers, employees and agents of the Town which are in conformity with the purposes and intent of this resolution, whether heretofore or hereafter taken, shall be and are hereby ratified, confirmed, authorized and approved. Section 8. In order to comply with the Voting Rights Act of 1965, as amended, the following proceedings pertaining to this election will be translated into Spanish and posted, published and recorded in each instance where posting, publication and recording of such proceedings are required,to-wit: information pamphlet,ballot, all early voting material and all instructions at the polls. Section 9. As soon as the polls are closed, the election officials will canvass the votes cast, enclose one list of the persons voting and one copy of the tally sheet in a cover and seal and direct the same to the Mayor and Council of the Town. The Mayor and Council will meet at the Council Chambers on June 3, 1999, which is a day within seven days from the twelfth day after the election date to canvass the returns of the election. The Mayor and Council will be governed by the vote of the majority on the question submitted. PASSED, ADOPTED AND APPROVED bythe Mayor yor and Council of the Town of Fountain Hills, Arizona, on February 18, 1999. Sharon Morgan, Mayor A ITEST Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: Scott Ruby,Bond Counsel L -2- SWR:gmh 293698.01 2/9/99 CERTIFICATION I, Cassie Hansen, the duly appointed and acting Town Clerk of the Town of Fountain Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 1999-10 was duly passed by the Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on February 18, 1999, and the vote was 7 aye's and 0 nay's and that the Mayor and 6 Council Members were present thereat.. l�\U )11LA,Izt..) Cassie Hansen,Town Clerk L -3- SWR:gmh 293698.01 2/9/99 EXHIBIT A L OFFICIAL BALLOT FOR SPECIAL BOND ELECTION IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA ON MAY 18, 1999. Question Shall the Mayor and Council of the Town of Fountain Hills, Arizona(the "Town"), be authorized to issue and sell general obligation bonds of the Town in the principal amount of up to $3,700,000 to provide funds: (1) to design, construct and improve a Town library and a museum; (2) to, if necessary, acquire land or interests in land, furnishings, computers and equipment therefor; (3) to acquire the initial collection of library books; and (4) to pay all environmental, financial, legal, engineering and other costs incurred in connection with the purpose and the issuance of the bonds? The bonds may be sold at a premium not to exceed the maximum amount permitted by law, will bear interest at a rate or rates of not to exceed ten percent (10%) per annum and will mature over a period of not to exceed thirty (30) years from the date of their issuance. The bonds shall be in such authorized denominations and bear such other terms as determined by the Mayor and Council of the Town. BONDS, YES BONDS, NO NOTICE TO VOTERS: The voter shall place a mark in the square opposite the words "Bonds, Yes" or "Bonds, No", whichever words express the voter's choice. Only qualified electors of the Town of Fountain Hills are eligible to vote at this election. v p I L SWR:gmh 293699 2/9/99 A-1 I.O. or O O O O N 1..1 Pi W R. ,.. N .....W..N. pp !! j "'r. - 0 8 $ 8gs88S s k aZ�v r gaaEaa $ a NC^ . a 4 N •.. O 'a0 a v W.S8 ■ C « e` . 4 b tiE;.q aaa* Va ** * aZat_ wtt 4 ~ 3 a a �e S Q r 1 to c to ro .o .o :o .o 0 lt cra a g o tW a 4 hl MI a T a a11 m CO a os a a` -1 V• . 1- N au N N 1.. N N N N N 4 N V. N .1 O a oc r--, R ' 1 6 T 2 y. O u M 1JI1 u u '4 o " O c $ 1 $ $ 1 � ss § § § § A i r 49 a o Pi. o� l - i. - L. C J C1 RP IL Q y:4 $ a P `D It ram.. N v ^C 11 .nC0001.. .a poa 1.1. 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F -+ a � r � �col ° ° ° �a 1 c U � ' N 1 U C U U C.. �•, I L a A % G u I as i I 1 RESOLUTION NO. 1999-11 RESOLUTION ORDERING AND CALLING A SPECIAL C AL BOND ELECTION TO BE HELD IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA, ON MAY 18, 1999, TO SUBMIT TO THE QUALIFIED ELECTORS THEREOF THE QUESTION OF AUTHORIZING THE ISSUANCE AND SALE OF UP TO $1,400,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS, PROJECT OF 1999, TO FINANCE THE ACQUISITION OF CERTAIN OPEN SPACE. WHEREAS,the Mayor and Council of the Town of Fountain Hills, Arizona, believe it to be in the best interest of the Town to authorize the issuance and sale of a total of up to $1,400,000 principal amount of General Obligation Bonds to complete two separate purposes; and WHEREAS, it is necessary that the Mayor and Council submit the question of the issuance and sale of such bonds to the qualified electors of the Town; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA: Section 1. A special bond election in the Town of Fountain Hills, Arizona, hereinafter referred to as the "Town", is hereby called to be held on May 18, 1999, to submit to the qualified electors of the Town the question as shown on the form of ballot attached hereto and marked Exhibit A. Section 2. The Clerk is hereby directed to cause the preparation and distribution of an information pamphlet and sample ballot for the Town pursuant to A.R.S. § 35-454. The officers of the Town are hereby authorized to prepare and deliver or cause to be prepared and delivered to the Clerk the information necessary or appropriate for completing the information pamphlet, including, without limitation, the estimated debt retirement schedule, estimated issuance costs, estimated tax rate impact on an average owner-occupied residence and commercial industrial property, current outstanding debt and debt limitation, an introductory statement on behalf of the Town, and a statement of the purpose for which the bonds are to be issued. Section 3. Notice of the special bond election is ordered to be given by causing the information pamphlet to be mailed not less than ten (10) days and not more than forty (40) days before the date of election to the residence of each registered voter of the Town as shown on the general county register. The Clerk is hereby authorized and directed to cause the information pamphlet to be prepared and mailed as required by law and in accordance with the provisions of this resolution and to cause a copy of the information pamphlet to be submitted to the Arizona Department of Revenue within thirty(30)days after the election. Section 4. The Clerk is hereby directed to cause ballots to be printed and delivered to the election boards to be furnished to the qualified electors offering to vote at the election. Section 5. The election will be conducted and the poll lists kept, and the votes cast �r thereat shall be counted and tabulated and the returns thereof will be made in the manner provided by law and only persons will be allowed to vote at the election who are qualifie ctors of he1T w o SS/PAIL 1 MOT fON � 1�� -r--(-- SWR:gmh 294479.01 2/9/99 SECOND f COUNT The election may be consolidated with any other election conducted in or by the Town on May 18, L., 1999. Section 6. Early voting will be permitted at the election in accordance with the provisions of Title 16,Chapter 4,Article 8, Arizona Revised Statutes, as amended. Section 7. The Council hereby authorizes all expenditures as may be necessary to order, notice, hold and administer the special bond election. All actions of the members of the Council, officers, employees and agents of the Town which are in conformity with the purposes and intent of this resolution, whether heretofore or hereafter taken, shall be and are hereby ratified, confirmed, authorized and approved. Section 8. In order to comply with the Voting Rights Act of 1965, as amended, the following proceedings pertaining to this election will be translated into Spanish and posted, published and recorded in each instance where posting, publication and recording of such proceedings are required, to-wit: information pamphlet,ballot, all early voting material and all instructions at the polls. Section 9. As soon as the polls are closed, the election officials will canvass the votes cast,enclose one list of the persons voting and one copy of the tally sheet in a cover and seal and direct the same to the Mayor and Council of the Town. The Mayor and Council will meet at the Council Chambers on June 3, 1999, which is a day within seven days from the twelfth day after the election date to canvass the returns of the election. The Mayor and Council will be governed by the vote of the majority on the question submitted. PASSED, ADOPTED AND APPROVED by the Mayor and Council of the Town of Fountain Hills, Arizona, on February 18, 1999. Sharon Morgan, ayor ATTEST: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: Scott Ruby,Bond Counsel L -2- SWR:gmh 294479.01 2/9/99 CERTIFICATION I, Cassie Hansen, the duly appointed and acting Town Clerk of the Town of Fountain Hills,Arizona, do hereby certify that the above and foregoing Resolution No. 1999-11 was duly passed by the Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on February 18, 1999, and the vote was 6 aye's and 1 nay and that the Mayor and 6 Council Members were present thereat. eeyyj,t_:_43 AtzvizIA„) Cassie Hansen,Town Clerk -3- SWR:gmh 294479.01 2/9/99 EXHIBIT A OFFICIAL BALLOT FOR SPECIAL BOND ELECTION IN AND FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA ON MAY 18, 1999. Question Shall the Mayor and Council of the Town of Fountain Hills, Arizona(the "Town"), be authorized to issue and sell general obligation bonds of the Town in the principal amount of up to $1,400,000 to provide funds: (1) to acquire, purchase or condemn certain land for open space preservation, more particularly described as follows: approximately 60 acres of land which includes 9.25 acres suitable for 24 development units commonly known as Diamonte Del Lago Phase 3 which is located and includes a major portion of the prominent ridgeline directly east of the Arriba Del Lago subdivision; and (2) to pay all environmental, financial, legal, engineering and other costs incurred in connection with the purpose and the issuance of the bonds? The bonds may be sold at a premium not to exceed the maximum amount permitted by law, will bear interest at a rate or rates of not to exceed ten percent (10%) per annum and will mature over a period of not to exceed thirty (30) years from the date of their issuance. The bonds shall be in such authorized denominations and bear such other terms as determined by the Mayor and Council of the Town. BONDS, YES BONDS,NO NOTICE TO VOTERS: The voter shall place a mark in the square opposite the words "Bonds, Yes" or "Bonds, No", whichever words express the voter's choice. Only qualified electors of the Town of Fountain Hills are eligible to vote at this election. SWR:gmh 294480 2/9/99 A_1 FEB-11-99 THU 4: 07 Phi ANDERSON-NELSON, INC. FAX N0. 602 273 0264 N. 1 i L. ..: .. ..... L ,cc.,,, PLAT •i1• ,.� •�j '� �, .C.R. ROOK 1 7, PAGE 4 L" \��,\`1 ` ' -= i0. t W� P CC o 0 0. , .e. Fo ' / MR ' i • otNTE = i c g ° R-3 RAP. .. r - i ' . M,Cx. .ijtjK SIS, BA s, C _,, 6 CO 3 -- 46. ryry CV r? s �- r/ ` I Ql h,.,/ to 1' ' '- gip' S09' 6'S7' *r , ,, , ,10 i19' L. .gei - - ..., .,. --,/ z 9.2527 r_ ., 2 co" Acres =9 / 2 Z ' M 21 MILE MARKER I-y,f/I A G a 0 S76.00 53 E j END. BRASS CAP ,.- 41.44 —`� o w i:.{j .,:: N- �s co ? ARRIBA DE -.)4 N w Ny9.25 ri '49 pp 3�PAG � � � `� 1 53.58 iiiiiJ 0 rilIPW' 'i n _ N�J`45' •"E `r' 8' * cc`i 100 ag , N735 ca arv,�. 2 p5•. 4 - y qfJ� 0 60 Q 1 1 -.► J I4T�•'9O'43"W yL?S 4;Y, 0JI! .AAr, '1.' r� 66.26' ��F NELSONo°`. N 28'00'15"W �` • � `�„��I', 138.51' y: '• - S73'13'33"W 158.56' 20 1/2 MILE MARKER FND. BRASS CAP LEGAL NUMBER 1101 'Anderson R,( 2 11,-99. Nelson, inc. SCALE: 1" . 200' oaks mom;0.4 n.wx R am Ibo tbd sop . PAGE 2 OF 2 `(wn n3-111.10 is 0221 27342N/ 1?1fl 11 00 Tii11 d ' 0G 1116 hhil1rilP(111 biiii P(1i,1, 161f. ii hY hin. G00 2 i0 00Gd DIAMONTE DEL LAGO-PHASE 3 A PORTION OP 3LCTT(IN 14,TO N9THiTP 1 NORTH,RA 'W1.11 PAST OP THR►NI.A Al /SALT ri .7t RASE ANT)M RTT)IAN. MAR IMP A COTTMT'Y. ARTz(DIA.MORE PAR TTCT MAR I,Y T)F,s(11TRRI) A FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF ARRIBA DEL LAGO, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,ARIZONA, RECORDED JULY 14, 1988 IN BOOK 323 OF MAPS,PAGE 30; THFNTrF'AU112TH 1C 11Fr v>Al:s 71 alrfliirrt:c In ct:rnnrnc «WWST A nATI:TuG'rani MITI A4V ITC cAin ARRIBA DEL LAC,O, A UIS 1ANC;L U1 229.l12 FLI:.'I; THENCE DEPARTINC SAID ARIIIDA DEL LACO.NORTH 33 DIICRELIC 01 M41N1.7rEC 6U CI:CONl)6 ISACT A DISTANCE OF 126.83 FEET; THENCE NORTH 06 DEGREES 32 MINUTES 28 SECONDS EAST A DISTANCE OF 239.45 FEET; THENCE NORTH 51 DEGREES 20 MINUTES 36 SECONDS WEST A DISTANCE OF 239.27 FEET; THENCE NORTH 07 DEGREES 30 MINUTES 05 SECONDS EAST A DISTANCE OF 198.49 FEET; THENCE NORTH 47 1Thf;RFES rrRS 47 SFrnNnS FAST A.IiIST.A.N E OF 19747 FEET: 416.„ THENCE SO1U'f i:s UziNce,a6 L V M1NU 1 Ca 3J LONUS bAJ l A U1S•1 ANl,h ur 406.150 rr.1 1 U A POINT ON A CORNER OF LOT 9,OF MIRAGE PO1NTE, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,RECORDED IN BOOK 419 OF MAPS.PAGE 19; THENCE SOUTH 19 DEGREES 15 MINUTES 47 SECONDS EAST ALONG THE BOUNDARY OF SAID MIRAGE POINT A DISTANCE OF 163.46 FEET; THENCE SOUTH 19 DEGrREF:S 33 MiNI iTF.S 31 SECONDS WEST CONTINT TING .AT.ONCI SAiD •BOUNDARY LINE AND 115 I'KOLONCtAL ION A DIS LANCE OF 213.33 k'LE'1.'; THFNrF 'i IT111-twoIiri'THhh1Ilft MINI fIh'ti57tihr1lNl1SI' TA I1I'TANf•Fif1H111711hhh1: THENCE SOUTH 76 DEGREES 00 MINUTES 53 SECONDS EAST A DISTANCE OF 41.44 FEET; THENCE SOUTH 10 DEGREES 34 MINUTES 55 SECONDS EAST A DISTANCE OF 298.01 FEET; THENCE NORTH 79 DEGREES 25 MINUTES 49 SECONDS EAST A DISTANCE OF 153.58 FEET; THENCE SOUTH 05 DEGREES 45 MINUTES 57 SECONDS WEST A DISTANCE OF 332.60 FEET; THENCE SOUTH 53 DEGREES 30 MINUTES 24 SECONDS EAST A DISTANCE OF 155.55 FEET; THENCE SOUTH 73 DECREES 13 M1W1JT 5 is Siat:ONLS wiaS 1 A U1S J AM:n Or L)ts.36 MET; THENCE NORTH 28 DEGREES 00 MINUTES 15 SECONDS WEST A DISTANCE OF 138.51 FEET; THENCE NORTH 74 DEGREES 38 MINUTES 48 SECONDS WEST A DISTANCE OF 66.26 FEET; THENCE NORTH 73 DEGREES 52 MINUTES 05 SECONDS WEST A DISTANCE OF 252.22 FEET; THENCE NORTH 21 DEGREES 45 MINUTES 29 SECONDS EAST A DISTANCE OF 116.08 FEET; THENCE NORTH 13 ITEGREFS 41S MINITTF4 16 SECONDS WEST A DISTANCE,OF 717 97 FEET TO THE pnrisrr nF FWGINNTNG V TYPAT.NTTMRFR 1101= (AWN 2-11-99 PAGE 1 OF 2 -FEB.12.1999 10:10AM PHS&G, INC. 6029520220 NO.811 P.3/5 L y = O co) '" ��. c C $Q p i k � a ZO U '� to F" vi 0 Cp o O Cl) C g •'= O 4 0 cli►�' QpS � O U' �4 -4 ... yy o F o � N. O 00o a W ., oU � o 6p000Q ry ri U o 4.4 C q g '' O `R = L. L 4 oZa g O:' PA t'l o p' ' < .; cd.= o CU ..... Q O Q c� c. k 0.1 V tl �Fjr1 c o c Q W y ; Q 0 Ei IR ` c W EA _ e y v1 7 d cW >00 o .c 0 ooC 1 E Wad y 00 w. y . v1 o LA V1 y [� ol- G Ca. � , cia 4.1 i �O w > � > E •S O fP4 z (itiiI \ 0 u to h su $ s ti O O 0. u -1_.) v; \r. . �'- N ,....0 w , L a, .n ..o I..' I U- N L MEMORANDUM TO: Mayor o gan an Town Council THROUGH: Pa L. i , n Manager FROM: '�`�• G o man, irector of Parks and Recreation DATE: February 12, 1999 RE: Parks and Recreation Commission Recommends Final Approval of Desert Vista Neighborhood Park Master Plan Purpose The purpose of this memo is to seek council approval for the Desert Vista Neighborhood Park (DVNP) Master Plan. This is necessary to compete for a 1999 Heritage Grant. Public input was gathered through a community planning process, which culminated in a plan that was approved by the Parks and Recreation Commission on February 8, 1999. The estimate for park construction is $1.5 million with an annual operating budget of $170,000, which includes 2 FTE's. Community Planning Process The Facility Planning Subcommittee held a series of public workshops to gather community input. One of the most visible and well-discussed amenities in the park is the Off-Leash Recreational Facility. This facility and recreation opportunity has been discussed since April 1997, when the Town was first approached about such a facility. In December 1999, the Town Council voted to pre-approve the Off-Leash Recreational Facility be included in DVNP. Master Plan Description This would be the Town's fourth active park site. The master plan includes a 3 acre Off-Leash Recreational Facility (OLRF), a multi-purpose field, a restroom/control building, 3 racquetball courts, 2 basketball courts, 2 sand volleyball courts, 6 picnic/shade ramadas, a children's playground, a water play feature, 39,000 square feet of open turf, 5,500 linear feet of sidewalks, parking and project signage. This park will offer 4 unique features to the Fountain Hills park system. First, this will be the first site in the Southern portion of Town. Secondly, there are 3 new features, which will be introduced in this park. These unique amenities are: the Off-Leash Recreational Facility, a children's water-play area, and 3 racquetball courts. These features will make this park unique and a destination site. Project Costs It is estimated that this park will cost approximately $1.5 million dollars to construct. Since the property was donated to the Town from MCO Properties, it is eligible for matching grant funding. Attached is a letter dated December 2, 1998 from Mr. Ken Travous, Executive Director of Arizona State Parks. This letter approves a request made by the Town in November of 1998 for a "Waiver of Retroactivity". The significance of this letter is that the Town has been given an opportunity to apply for a Heritage Grant and use the value of the land donation as a match. The financial value of the approved waiver could be as great as $700,000. However, this is not a guarantee for funding, it is only an opportunity to compete for funding. The Arizona State Heritage Grant process is extremely competitive and only the most organized and well-written grants have a chance to receive funding. Site Plan 81/2" x 11" Color Site Plan Attached Recommended Council Action The Parks and Recreation Commission recommends approval and support of the Desert Vista Neighborhood Park Master Plan as presented. Approval is requested to meet Heritage Grant requirements. L L "Managing and conserving natural, cultural, and recreational resources" December 2, 1998 Ms. Robin Goodman, Director *Ad* Parks and Recreation Department Vvv Town of Fountain Hills Arizona 16836 East Palisades Boulevard P.O. Box 17958 State Parks Fountain Hills, Arizona 85269 Dear Robin: Jane Dee Hull This letter approves the Town of Fountain Hill's November 13, 1998 request for a Governor waiver of retroactivity for the land donation of 12 acres for park land from MCO STATE PARKS Properties,Inc. This waiver authorizes you to use the appraised value as match to a BOARD MEMBERS proposed application for FY 1999 or FY 2000 Local,Regional, and State Parks Heritage Fund(or FY 1999 or FY 2000 Land and Water Conservation Fund, if it is Chairman revived). Ruth U.Patterson St.Johns Retroactive costs are incurred at the applicant's risk. Granting a waiver Members acknowledges the need for immediate action and neither implies or guarantees Sheri J.Graham project approval. In addition,there are three conditions to this approval: Sedona Vernon Roudebush 1. An appraisal of the property must be completed and reviewed by the Arizona Safford State Parks Board and a review appraiser. Walter D.Armer,Jr. 2. Acceptance of the property must occur prior to submitting your grant Benson application. M.Jean Hassell Phoenix 3. The value of the land can not be used as a match for more than one successful grant application. Joseph H.Holmwood Mesa If you have questions regarding the waiver of retroactivity,please contact Theresa J.Dennis Wells Guillen, Grant Program Coordinator, at (602) 542-7129. State Land Commissioner Sincerely, Kenneth E.Travous Executive Director K nneth E. Travous Rafael Payan Executive Director Assistant Director 1300 West Washington KET/tg Phoenix,Arizona 85007 '&m 602-542-4174 c: Theresa Guillen,Partnerships Division ,,, 1-800-285-3703 from (520)area code ://www.pr.state.az.us General Fax: 602-542-4180 Director's Office Fax: 602-542-4188 L r� 1 t , t �r a 1 ` g t �A • a � 'ISM Ti s30 f t ��a. ��. dal �+� � t'`;> � �. &93 Ab 'fig �� q r q-,ry'' Y 0 �` gf4@ ,v `��1 r .6{yy �p .t= a ,/,,,,_'4,.:)::---F.::,-,:r':.- 3-,:2-,i-A;;;,-e-1-'" .':-....,:,-. --' ,A'fitlie-30i,,p&:...:,,;;;;e4 . ...• : o /zII • ir .` fir r'4 r r r �$�a ,p ! �� 'fit l T '' "��g t� '�br!:;tate • t 4 - \d'Q� y � Grip.. � '4+ ��,." p - f s�'!�' �� A�' ''?�a.�-. CO V 'n y �g( 'y .-.-;..mot,r Yam.. ,a..;: ..�77 }}"ti 4.-4.:141.:P;dtminE.11146";':' Z.'-s"'--';',c,':',::,'--,-_--,--, '' .iiii...ri, -1-(VS .tad } L Tzi O R ' mNOO a UI Dc, c n@ ym ii _ 'h (IIW CO a) c) MEMORANDUM TO: Mayor o :an a Town Council THROUGH: Paul L. No ' , n Manager FROM: Robin G•.• I an, Di ector of Parks and Recreation DA: February 12, 1999 RE: Parks and Recreation Commission Recommends Final Approval of Four Peaks Neighborhood Park Master Plan Overview This Master Plan focuses on the balance of land (11 acres) to be deed to the Town from the Fountain Hills Unified School District. The site has existing improvements, but they are in need of renovation. One of the important aspects of the master plan is that it looks at the entire site. Thought has been given to parking, circulation, and distribution of activity areas. Secondly, the plan builds upon what already exists. For example, the only new amenities to be introduced will be a skating/hockey facility and a picnic ramada. This plan has been discussed for approximately two years. It was recently discussed at a public workshop and again at the Joint Town Council/Parks and Recreation Commission meeting on February 8, 1999. Master Plan Description Acquisition and development of an 11-acre neighborhood park. This site will include: a lighted in-line hockey court (85' x 180') with spectator seating; one lighted multi-purpose field with spectator seating; three lighted basketball courts (50' x 84'); concrete walkways with lighting; one picnic ramada; open picnic area; 45 space parking lot; children's playground with bicycle parking; tennis court lighting and court improvements (2 courts); material storage yard; signage; landscaping; irrigation; and grading. Site Plan 81 " x 11" Color Site Plan Attached Project Costs This master plan is estimated to cost $997,500 with a $170,000 annual operating budget including 1 additional FTE. The current operating budget in $125, 000 annually with one FTE. Recommended Council Action The Parks and Recreation Commission recommends approval and support of the Four Peaks Neighborhood Park Plan as presented. It is further recommended that construction documents be developed at a later date with park development being phase over two fiscal years. The Town could compete for further Heritage funding using general funds as a match. cc: P&R Commission e-group project binder L (moo \\I,t12r \\,_ : � ,i 11 u111.III,CItI( t _.;. � III II IU\i. _ .. • ��- I,,I,„\t, I 1 \\: Z. 1. t . s °\ ht)1:�l in II II. U I I\1111, Y t a \ 5''a1 I- \1,\A'C 1 \\1 I in IIUI\i, v' "/, 4, \!.\\ ,111IlS\II 1.111.NI. 7 , S VA I I iI 1H,I11, . . -.-,--.--- __.._ a t`t 1-- 1 ItTT)1 I I �'- i .; �Xib"YINC I I(LJ) d ,•'IU4\\ \I I. - i _ S •, hr � PI It III' C�Cs . q VI I(.IllitlUNI)Ut, !\ s �1/1- 1\ ,I{\I)I� ,I Itl t 11 I I( J �a'" ����y��� '� € ° / \ \ p3, 1 V,tl\1,P utl\I\1. �....T..�f \ I. if v, - ~, \y\`,It ;< Al 1 \I,11\1.rll \Ir\I \lil __---� `�• \�• I>,I \I.1 � �� .- \•\�\�\\\ �i IIUIII lil I1.1II\I \ .-% AI:A1 ItF,IIt I II Ili \I.1\ lIIl'II' ,\\II III \IIII\ - ---- ��._ Lt1;11' Y,1'IL\til�l•:I IS.U.I.IY11 II I ``e 111 35•, Ikll'kill I.FIt II( )1 h4\ 1 I \I I I I I III L ll.l l I I\(, ,, , ,, ,..,.., , tJ\t t:['1't t. !>t•:\ i':t.()t'\tl':� I (II. \\ ��� �1� �'�',:� •� :��'.� I �id��Z "��)()1) ll' nll� �':�f2 P11.ASI II _`IIII' - ,I ntl11 L 41600 Town of Fountain Hills Memorandum DATE: February 12, 1999 TO: The Honorable Mayor and Common Council FROM: Jeffrey Valder, Community Development Directo THROUGH: Paul L. Nordin,Town Manager SUBJECT: Initiation of an amendment to Sections 1.12 and 10.02 of The Zoning Ordinance for the Town of Fountain Hills to revise two definitions and to allow guest houses in any single-family zoning district by Special Use Permit, given certain restrictions. Section 10.02(B) of the Zoning Ordinance now allows for guest houses,by special use permit,in the"R-190", "R1-43", "R1-35H" and the"R1-35"Zoning Districts if certain conditions exist. Section 10.02(B) is reprinted below so that you can review the current regulations: B. Additional Permitted Uses in the R-190,R1-43,R1-35H,and R1-35 Zoning Districts 1. Corrals for the keeping of horses, provided such corrals are located in the rear yard, set back from all lot lines a distance of not less than forty (40) feet and contain at least twenty thousand (20,000) square feet of area for each horse kept therein. The keeping of horses on properties located in residential Zoning Districts in other than permitted corral areas is prohibited. 2. Guest Houses are permitted by Special Use Permit, only if the following conditions exist: a. Structure must conform to at least minimum setback requirements. b. Must be located behind the front line of the primary structure c. May not exceed thirty (30) percent of the square footage of the livable area of the primary structure. d. Shall be single story. e. Must be connected to primary structure's utilities. f. The lot or parcel must be at least twice the minimum lot size Ley requirements of the zoning district. g. May not be used for any commercial or non-residential uses. Town Council Memorandum Guest Houses February 12, 1999 Page 2 of 3 There have been a couple of recent requests for guest houses in smaller-lot zoning districts where the lot size in excess of 70,000 square feet. The intent of the current regulations seems to be to allow for guest houses on larger lots. There are several areas of Town where lot sizes are much larger than the base zoning would imply. Some of these property owners have complained that because their lot sizes are as large as those in larger lot zoning districts,that they too should have the ability to petition the Town Council, through the Special Use Permit process,for the development of a guest house. Councilmember Apps has requested that the Council initiate an amendment to Chapters 1 and 10, as follows: CHAPTER 10 INTRODUCTION 1.12 Definitions. For the purpose of this ordinance, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number, all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Gender shall be universal,any reference to one gender shall also implicitly refer to the other gender. The word "shall" is mandatory and not discretionary. Other words and phrases used in the ordinance shall have the following meanings: ,,, Building, Accessory: A building or structure that does not share a livable, enclosed connection to the main building, and that h is subordinate to, and the use of which is customarily incidental to,that of the main building, structure,or use on the same lot or parcel. Guest House: Living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. The accessory building may be attached to or detached from the main building. Such quarters shall not be rented,and/or otherwise used for income producing purposes. CHAPTER 10 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS: R-190,R1-43, R1-35,R1-35H,R1-18,R1-10,R1-10A,R1-8,R1-8A,R1-6,R1-6A 10.02 Permitted Uses. B. Additional Permitted Uses in the R-190,R1-43,R1-35H,and R1-35 Zoning Districts 1. Corrals for the keeping of horses, provided such corrals are located in the rear yard, set back from all lot lines a distance of not less than forty (40) feet and contain at least twenty thousand (20,000) square feet of area for each horse kept therein. The keeping of horses on properties located in residential Zoning Districts in other than permitted corral areas is prohibited. Town Council Memorandum Guest Houses February 12, 1999 Page 3 of 3 2. Cucst Houses are permitted by Special Use Permit, only if the following ..diti„ st• C. Guest Houses are permitted by Special Use Permit in any Single-Family Zoning District if the following conditions exist: la. Structure must conform to at least minimum setback requirements. 2b. Must be located behind the front line of the primary structure 3e. May not exceed thirty (30) percent of the square footage of the livable area of the primary structure. 44. Shall be single story. 5e. Must be connected to primary structure's utilities. 6f. The lot or parcel must be at least 70,000 square feet in size twice the m nimum lot 7g. May not be used for any commercial or non-residential uses. L