HomeMy WebLinkAbout2000.0601.TCREMP.Packet 4MAIN. NOTICE OF REGULAR AND EXECUTIVE SESSION
ao 0 OF THE
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'� FOUNTAIN HILLS TOWN COUNCIL
Mayor Morgan
Councilman McNeill Vice Mayor Hutcheson
Councilman Wyman Councilman Kavanagh
Councilwoman Fraverd Councilwoman Ralphe
WHEN: THURSDAY, JUNE 1, 2000
TIME: 6:00 P.M. (the regular session will begin at 6:30 p.m.)
WHERE: TOWN HALL COUNCIL CHAMBERS AND JURY ROOM
16836 E. Palisades, Building B
(tioRULES FOR ADDRESSING THE COUNCIL—ADOPTED 1/18/90
is the Council's desire to hear public comment on agenda items. As it is important to maintain order during the meeting,please
adhere to the following rules of order if you wish to speak:
1) All citizens wishing to speak must first be recognized by the Mayor.
2) The Mayor will not call for public comment on an item until after a motion has been made and seconded and the Council has
had adequate opportunity to discuss the item.
3) Please stand,approach the microphone and state your name and address after being called on to speak.
4) All comments must be directed to the Mayor.
5) TIME LIMIT—THREE(3)MINUTES PER PERSON PER ITEM.
6) Statements should not be repetitive.
7) Persons or groups wishing to make longer presentations should see the Town Clerk prior to the meeting.
• CALL TO ORDER—Mayor Morgan
• ROLL CALL
1.) Pursuant to A.R.S. §38-431.03.A.4., VOTE TO GO INTO EXECUTIVE SESSION for discussion or
consultation with the attorneys of the public body in order to consider its position and instruct its attorneys
regarding the public body's position in pending or contemplated litigation regarding Leuders versus Golf
International Inc. and the Town of Fountain Hills,Case#CV99-15464.
2.) RECESS THE EXECUTIVE SESSION TO CONVENE THE REGULAR SESSION AT 6:30 P.M.
Ly 3.) ADMINISTRATION OF OATH OF OFFICE to Mayor-elect Morgan, Councilman-elect Kavanagh,
Councilwoman-elect Fraverd, Councilman-elect McNeill and Councilwoman-elect Ralphe. The oath will be
administered by Representative Carolyn Allen.
Town Council Meeting Agenda Regular Session June 1,2000
• CALL TO ORDER—Mayor Morgan
• PLEDGE TO THE FLAG—
‘11W • INVOCATION—Pastor Scott Von Lanken,First Assembly of God Church
• ROLL CALL
Consent Agenda:
All items listed with an asterisk (*) are considered to be routine, non-controversial matters and will be enacted by one
motion and one roll call vote of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a
Councilmember or member of the public so requests. If a Councilmember or member of the public wishes to discuss an
item on the consent agenda, they may request so prior to the motion to accept the consent agenda. The item will be
removed from the Consent Agenda and considered in its normal sequence on the agenda.
*1.) Consideration of APPROVING THE MEETING MINUTES of May 18 and 24, 2000.
*2.) Consideration of RESOLUTION 2000-24 abandoning whatever right, title, or interest the Town has in certain
public utility and drainage easement located along the easterly and southerly lot lines of Plat 206,Block 2, Lot
3 (16423 E. Desert Sage Drive) and Lot 4 (16415 E. Desert Sage Drive) as recorded in Book 147 of Maps,
Page 2 records of Maricopa County,Arizona(Stanley G. Koveikis,Michael &Denise Koveikis)EA00-17.
*3.) Consideration of the PRELIMINARY AND FINAL PLAT for the 2-unit Gallery Homes Condominiums 7,
located at 14432 Sherwood Drive, Case Number S2000-022.
*4.) Consideration of the FINAL PLAT for FireRock Country Club Parcel 0-1 & 0-2, a 48 lot, 7 tract subdivision
located within the FireRock Country Club, Case#S99-036.
tilw *5.) Consideration of the FINAL PLAT for FireRock Country Club Parcel Q-1 &P-2, a 21 lot, 1 tract subdivision
located within the FireRock Country Club, Case#S99-047.
*6.) Consideration of the FINAL PLAT for FireRock Country Club Parcel Q-2, a 25 lot, 6 tract subdivision
located within the FireRock Country Club, Case#S99-037.
*7.) Consideration of APPROVING THE GRANT AWARD from the Justice Department in the amount of
$133,456 for two full time law enforcement positions in Fountain Hills. The grant award is part of the
"Violent Crime Control and Law Enforcement Act of 1994."
*8.) Pursuant to Section 2-6-1.0 of the Town Code of the Town of Fountain Hills, consideration of PLACING
REFERENDUM 2000-RO1 on the September 12th ballot.
9.) ROTATION of the position of VICE MAYOR to Councilwoman Hutcheson. The Vice-Mayor is an eight-month,
rotating position to be held by every councilmember.
10.) PRESENTATION of plaque of appreciation to Leesa Fraverd for almost five years of service on the Planning and
Zoning Commission. Ms. Fraverd, first appointed in September 1995, served as Vice-Chair from 1996 through
1998 and Chair from 1998 to present.
11.) INTRODUCTION of Parks and Recreation Summer Intern, Marlena Cavallo from Slippery Rock University in
Slippery Rock,Pennsylvania.
12.) Consideration of the CUT AND FILL WAIVER request for Lot 3,Town Center I, a request to cut 13±feet at
the southwest corner of Lot 3,Case Number CFW2000-04.
Town of Fountain Hills Page 2 of 3 Last printed 05/30/00 4:27 PM
Town Council Meeting Agenda Regular Session June 1,2000
13.) Consideration of AWARDING A CONTRACT to Rick Giardina & Associates in an amount of$70,000 to
create a methodology study and analysis for development fees. The report/study will be the basis for creating
an ordinance adopting development fees for the Town of Fountain Hills.
14.) Consideration of RESOLUTION 2000-25 authorizing the issuance and sale of General Obligation Bonds,
Project of 1999, Series B (2000), on behalf of the Town. These bonds are for the voter approved
library/museum project.
15.) Consideration of the RENEWAL OF THE EMPLOYMENT CONTRACT of Town Manager Paul Nordin
with a recommendation of increase in annual compensation.
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.
17.) ADJOURNMENT.
DATED this 30th day of May 2000.
Cassie B. Hansen,Director of Administration/Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice)or 1-800-367-8939
(TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting.
Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office.
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Town of Fountain Hills Page 3 of 3 Last printed 05/30/00 4:27 PM
MEMORANDUM
TO: HONORABLE MAYOR MORGAN AND
TOWN COUNCILMEMBERS
FROM: PAUL L. NORDIN, TOWN MANAGER
DATE: MAY 26,2000
RE: FY 2000-2001 EXPENDITURE LIMITATION "GOOD NEWS"
I have some very good news to share with the Council. I was at the League of Cities
earlier today and intercepted a memo being distributed this afternoon by the League staff
(copy attached). During the Legislative session recently concluded, HB2563 was passed.
This bill concerns the expenditure limitations of cities, like us, that have not adopted any
type of alternative expenditure limit pursuant to a public vote. I was aware of the passage
of this bill, but no calculations had been distributed showing actual dollar amounts until
today, so I was unable to include the potential effect of HB 2563 on our FY 2000-2001
expenditure limitation.
However, as the attached shows, within the last few days, the calculations have been
completed and the net effect will increase our expenditure limitation from $12.9 million
to $13.7 million. I am sure that you all will agree, especially after my discussions with
each of you this week, this is very good news. However, even with this $800,000
reprieve, we will still have a "tight" year. This increase will eliminate the need for staff
to come to the Council next week and ask for authorization to spend monies this year that
we had planned for next year. In addition, it may also lessen the need to borrow funds to
work around the expenditure limitation.
I believe it is very important to include this increased expenditure authority in our next
year's budget planning. Therefore, it is necessary to change the verbiage and many of the
departmental budgets for FY 2000-2001. I therefore respectfully request the Council's
understanding in allowing staff to deliver the budget document to you on June 5th in lieu
of June lst. With this extra time, staff will be able to produce a much improved budget
document incorporating this new additional authority.
cz *r * * ', �~.. ._ T. __,...
HE LEAGUE OF ARIZONA CITIES & TOWNS
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2 0 I820 W Washington St •• Phoenix AZ 85007-294 •• (602)258-5786 •• I-A\ (60'_(25.1-1874 •• E-mail league(�'mh.�tute.a/ti
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May 24, 2000
TO: City/Town Managers in Cities/Towns under the State Expenditure Limitation
FROM: Byron D. Smith, Staff Assistant
SUBJECT: HB2563 AND EXPENDITURE LIMITATIONS
A matter of great concern to some of you was brought to our attention in the middle of this legislative session
at the time the Economic Estimates Commission released their preliminary expenditure limitation numbers.
Many city or town limitations went down despite prevailing economic conditions suggesting at least some
inflation. After some inquiries by the Department of Revenue staff, we learned that the U.S. Department of
Le. Commerce had made a regular adjustment to the inflation component of the calculation,the GDP price deflator.
Although this adjustment has happened on a regular four year cycle,to the best recollection of those who have
monitored the index as it is used for expenditure limitation purposes in Arizona, this index recalculation has
never previously lowered expenditure limitations.
A variety of options were considered in addressing this problem. The Constitution gives the Legislature the
authority to determine the index, but a new index adopted after March 1 does not apply to the immediately
following fiscal year. Because of the March 1 deadline, HB2563 was offered as a short term fix for 2000-2001
and gives all interested parties time to work with the Economic Estimates Commission on a permanent solution
to be presented to the Legislature by December 1, 2000.
The measure provides that penalties for violation of the expenditure limit will be $100 to a city,town or county
if the jurisdiction does not exceed its expenditure limit for 1999-2000 plus an adjustment for population growth
and 3% inflation growth. The measure also makes an allowance for Maricopa and Pima counties
disproportionate share payments.
Attached is a listing of all the cities and towns under the state limitation with their Final Expenditure Limitation
from the Economic Estimates Commission and their"Adjusted" Expenditure Limitation (per HB2563). If a city
or town expends over the Final amount but under the "Adjusted" amount, the city will be penalized $100. If
the city expends over the "Adjusted" amount then the normal penalties in A.R.S. 41-1279.07(H)will apply.
If you have any questions regarding these numbers or HB2563, please contact me.
(likw CC: Finance Directors in Cities/Towns under the State Expenditure Limitation
1
k
1
Cities/Towns Subject to the State Imposed Expenditure Limitation
City/Town Final Adjusted EL
FY2000/2001 EL per HB2563
Buckeye $4,145,706 $4,419,593
Bullhead City $24,929,990 $26,576,992
Camp Verde $6,823,161 $7,273,934
Carefree $5,443,281 $5,802,892
Douglas $10,335,749 $11,018,581
Eagar $2,691,346 $2,869,150
El Mirage $2,414,655 $2,574,180
Flagstaff $69,336,348 $73,917,060
Fountain Hills $12,901,377 $13,753,708
Gilbert $119,206,336 $127,081,713
Holbrook $5,732,570 $6,111,293
Kearny $1,942,412 $2,070,737
Lake Havasu City $28,465,282 $30,345,842
Litchfield Park $2,698,938 $2,877,243
Mesa $333,657,758 $355,700,888
Page $22,862,520 $24,372,935
Paradise Valley $6,500,501 $6,929,957
Pima $890,164 $948,972
Pinetop-Lakeside $3,499,020 $3,730,184
Quartzsite $2,358,387 $2,514,194
Queen Creek $2,521,996 $2,688,612
Safford $18,247,603 $19,453,132
San Luis $13,788,696 $14,699,647
Scottsdale $231,546,844 $246,844,007
Sierra Vista $18,180,845 $19,381,964
Somerton $2,935,607 $3,129,548
Tempe $151,578,120 $161,592,142
Thatcher $5,705,162 $6,082,074
Tucson $451,412,306 $481,234,900
Wellton $1,537,922 $1,639,524
Willcox $27,896,373 $29,739,349
Winslow $15,706,988 $16,744,671
Yuma $67,121,065 $71,555,424
Prepared by the League of Arizona Cities and Towns
MEMORANDUM
TO: THE HONORABLE MAYOR AND TOW O ' I
FROM: PAUL L. NORDIN,TOWN MANAGER
DATE: MAY 26, 2000
RE: MANAGER'S REPORT FOR THE JUNE 1st COUNCIL MEETING
REMINDERS:
EXECUTIVE SESSION:
An Executive Session is scheduled to immediately PRECEDE the Council meeting. It will
begin at 6:00 p.m. in the Jury Room. Town Attorney Bill Farrell will provide the pertinent
information to you next week.
The Regular Council Session will begin at 6:30 p.m.
OATHS OF OFFICE:
tkiir Representative Carolyn Allen will administer oaths of office for Mayor to Sharon Morgan,
and Councilmember(s)to John Kavanagh,Leesa Fraverd, John McNeill, and Susan Ralphe.
CONSENT AGENDA:
There are seven items on the consent agenda. Please review each item and contact me should
you determine any should be removed.
AGENDA ITEM#8 - VICE-MAYOR POSITION:
Councilwoman Sharon Hutcheson will now become Vice-Mayor for the next eight-month
period. This position is rotated every eight months to allow each Councilmember to
participate. No supporting documentation is attached.
AGENDA ITEM#9 - PLAQUE OF APPRECIATION TO LEESA FRAVERD:
Mayor Morgan will present an Appreciation Award to Leesa Fraverd to acknowledge her
many years of service to the Town as Chairwoman of the Planning and Zoning Commission
as she moves into her new position as Town Council Member.
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Town Manager's Report
June 1,2000 Council Meeting
Page 1 of 2
AGENDA ITEM# 10 - INTRODUCTION OF SUMMER INTERN:
Parks and Recreation will introduce their Department's summer intern, Marlena Cavallo, a
senior from Slippery Rock University, Slippery Rock, Pennsylvania. Robin's report is
attached.
AGENDA ITEM# 11 - CUT AND FILL WAIVER/LOT 3/TOWN CENTER I:
A cut and fill waiver request is on the agenda to develop a Wells Fargo Bank on Lot 3 of
Town Center I. The Planning and Zoning Commission recommended approval, with
stipulations. Please see Geir's attached memo.
AGENDA ITEM# 12 - CONSIDERATION OF IMPACT FEE CONSULTANT:
Council will consider awarding the contract for a methodology study and analysis for
development fees to the firm of Rick Giardina & Associates, Inc. in the amount of$70,000.
After reviewing six proposals and interviewing four potential firms that would best meet the
Town's needs, staff made the recommendation to hire Rick Giardina & Associates to perform
this work. Jeff's report is enclosed.
ITEM NUMBER# 13 - RESOLUTION 2000-25/SALE OF G.O. BONDS/
LIBRARY CONSTRUCTION:
Please see Scott Ruby's enclosed memorandum.
AGENDA ITEM# 14 - RENEWAL OF TOWN MANAGER CONTRACT:
Confidential information regarding this agenda item from Bill Farrell is attached.
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Manager's Report
June 1,2000 Council Meeting
Page 2 of 2
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Dana Burkhardt, Planner
DATE: May 27, 2000
SUBJECT: Preliminary & Final Plat for "Gallery Homes Condominiums 7", a 2-unit
condominium project.
Staff has combined the reports for the Preliminary and Final Plats, there are no off-site
improvements or Improvement Plans needed for this plat. This plat is a request by Gallery
Homes, which would condominiumize two-units located at 14432 Sherwood Dr., aka Lot 8,
Block 13, Final Plat 104. Please refer to the attached Planning and Zoning Commission &
Staff report for additional details regarding this request.
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TOWN OF FOUNTAIN HILLS
(111 PLANNING&ZONING COMMISSION AND STAFF REPORT
June 1, 2000
CASE NO: S00-022
LOCATION: 14432 Sherwood Dr., aka Lot 8, Block 13, Final Plat 104.
REQUEST: Consider the Preliminary and Final Plat for "Gallery Homes Condominiums
7", a 2-unit condominium project.
PROJECT MANAGER: Dana Burkhardt
DESCRIPTION:
OWNER: Gallery Homes
APPLICANT: Tom Fredricksen
EXISTING ZONING: "R-2"
EXISTING CONDITION: Under Construction
LOT SIZE: 10,530 square feet
SURROUNDING LAND USES AND ZONING:
NORTH: Duplex; zoned "R-2"
SOUTH: Duplex; zoned "R-2"
EAST: Duplex; zoned "R-2"
WEST: Vacant; zoned "R-2"
SUMMARY:
This request is for approval of the Preliminary and Final Plat"Gallery Homes Condominiums
7" Declaration of Condominium, which subdivides cubic airspace, and is not a land sell
project. Due to the simplicity of this request and the fact that this project does not involve
any off-site public improvements, a "fast track" process is being allowed.
The owner, Gallery Homes, has chosen to convert a two-unit complex currently under
construction and record a Declaration of Condominium to sell the units individually. The
units will have a maximum livable area of 1,520 square feet, a minimum livable area of
1,520 square feet and a covered patio. Each unit will have a two-car garage. The
applicant applied for his building permit, 99-1332, on November 5, 1999 and received his
permit to build on December 20, 1999.
RECOMMENDATION:
Planning & Zoning Commission recommend approval of the Preliminary Plat and staff
recommends approval of S00-022; Final Plat "Gallery Homes Condominiums 7".
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—« - TOWN OF FOUNTAIN HILLS
is4.7 * COMMUNITY DEVELOPMENT DEPARTMENT
In r : 2 '-, '. :C NDOMIIVIU P f VAPPCIC 4TION I ~ 1;-
Date Filed Fee Paid
tG / a , / ^ YOO ar �. Accepted By
,' �r `f'� p�lJ Plc!.
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Condominium Name
6'19-LLe-2 Y blew 6-5 Ce4/Pe M/Aft1nrs 7
Condominium Address
/V /3.7 gaswE2weap pR. /5v /7-4. v th[Ls 2
Legal Description of LotParcel Being Platted
Plat /0 41 Block / 3 Lot(s) #
Parcel Size Number of Unitsis
IP, 53o sB. # / d, .29 actors J
Number of Tr cts Zoning
General Plan Land Use Designation
Ave- T/ —/5tm/ [ I ey /P -AJr,4 L.
Density Requested (Dwelling Units Per Acre)
4pplicant 1.4 Le 'Vs/QG�
DayPhone
Toni r,�'EDErt«,ts .3?-?99
Address City ST Zip
/7/DD E, 5#e-A, Bc.VD, */PO Ovt/Ti9-iv /f Mi /9-Z fs2Gr
Owner Day Phone
4,924g-e y /9,,Es B37-7994
Address City , ST Zip
/7/de .s r,- B4✓A /dP /51/Airrfr:4) A<t e /9-2-- Is2G2
Attachments(Please list)'/e 4-77,� Qc if7 r tie�o IFP/�i Oa.J
Signature of Owner I HERBY AUTHORIZE (Please Print) Date
c....4.
�� / (`{s/)C TO FILE THIS APPLICATION.
Subscribed and sworn before me this day of 19
My Commission Expires
Notary Public
(Seal)
TFH Case Number
Fee Schedule Attached
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TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: The Honorable Mayor and Common Council
THROUGH: Paul L. Nordin, Town Manager
FROM: Geir Sverdrup, Senior PI
DATE: May 26, 2000
SUBJECT: Final Plats for FireRock Country Club Parcels "0-1/0-2 (S99-036), P-2/Q-1
(S99-047), &Q-2(S99-037)"
Please find attached Planning and Zoning Commission reports for the aforementioned
applications. Each of the aforementioned preliminary plats have been approved by the
Town Council. Please refer to the attached staff reports for additional details regarding
these requests.
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TOWN OF FOUNTAIN HILLS
PLANNING & ZONING COMMISSION REPORT
June 1,2000
CASE NO.: S99-036
PROJECT MANAGER: Geir H. Sverdrup, Senior Planner
LOCATION: South of Shea Blvd. and north of FireRock Country Club Drive, located
within the Fire Rock Country Club Area Specific Plan.
REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "0-1 & 0-
2" Subdivision. 0-1 is a 9.07 acre, 13 lot, 2 tract subdivision and 0-2 is a
66.02 acre, 34 lot, 5 tract subdivision.
DESCRIPTION:
OWNER: Fire Rock L.L.C.
APPLICANT: Dan Kelly for Fire Rock L.L.C.
EXISTING ZONING: 0-1/"R1-18 P.U.D." &O-2/"R1-35 P.U.D."
SURROUNDING LAND USES AND ZONING:
NORTH: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.)
SOUTH: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.)
EAST: Vacant; zoned "O.S.R." (F.C.C.A.S.P.)
WEST: Vacant,zoned "R1-18 P.U.D." (F.C.C.A.S.P.)
SUMMARY:
This request by FireRock L.L.C. is for approval of the Final Plat for the FireRock Country Club
Parcel "0-1 &0-2" Subdivision.
The following staff report will review several aspects of the project, including the following:
1. A review of the FireRock Country Club Area Specific Plan, and the development's
conformance with this plan.
2. The subdivision's design and its conformance with the Subdivision Ordinance and the
Zoning Ordinance.
Conformance with Fire Rock Country Club Area Specific Plan:
The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club
Area Specific Plan. The 0-1 area was designated for "Single-Family/Low" density land uses, with
Staff Report
°' FireRock Country Club Parcel "0-1, 0-2"
�r June 1, 2000
Page 2
a unit range of 20-45 units and a proposed unit count of 13 units. Parcel "0-1" proposes 13 lots.
The 0-2 area was designated for "Single-Family/Low" density land uses, with a unit range of 67-
134 units and a proposed unit count of 38 units. Parcel "0-2" proposes 34 lots. This request is in
conformance with the FireRock Country Club Area Specific Plan and the adopted development
agreements.
After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "0-1 & 0-2"
Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed
subdivision is in conformance with the FireRock Country Club Area Specific Plan.
Subdivision Design
GENERAL DESCRIPTION:
The topography of the property for Parcel "0-1 & 0-2" is sloping hillside with areas of moderate to
severe slopes, (exceeding 25%). Slopes of 30%+ are predominate in the proposed subdivision,
however these are predominately located within the open space tracts. There are few areas of less
than 10% % slopes, these are located along the ridge lines and in the washes. Slopes of 10-20%
and 20-30% are located throughout the proposed plat. The subdivision proposes three new cul-de-
sac streets off of the future FireRock Country Club Drive. All of the lots meet the "R1-18 P.U.D."
or "R1-35 P.U.D." zoning district's lot dimension requirements, including those for size and lot
width respective to their plats.
GRADING:
The proposed subdivision complies with the Land Disturbance Standards of the Supplemental
Development Agreement for FireRock Country Club. The applicant is providing projected
disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock
Country Club allows the applicant to provide the required amount of non-disturbance required by
the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside
analysis by slope bands and has determined the amount of required preservation. This amount will
be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current
projected allocations for the disturbance area's lot by lot. Current projections for disturbance in
Parcel "0-1 & 0-2" are below the allowable disturbance limits. The on and off-site subdivision
improvements have been shown on improvement plans and their construction will be required to be
assured prior to Final Plat recordation.
ISSUES:
There are no major outstanding issues on Parcel "0-1/0-2". All remaining redlines and comments
are minor informational items and will be corrected prior to recordation of the plat
Staff Report
FireRock Country Club Parcel "0-1, 0-2"
June 1, 2000
Page 3
Preliminary Plat:
The Planning and Zoning Commission reviewed and recommended approval of the preliminary plat
at their January 13, 2000 meeting. The Town Council approved the preliminary plat at the January
20, 2000 meeting.
Recommendation
Based on the FireRock Country Club Area Specific Plan land use designation, the current zoning,
and the proposed subdivision design, staff recommends approval the Final Plat for the FireRock
Country Club Parcel "0-1 & 0-2" subdivision
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TOWN OF FOUNTAIN HILLS
STAFF COMMISSION
June 1,2000
CASE NO.: S99-047
PROJECT MANAGER: Geir H. Sverdrup, Senior Planner
LOCATION: South of Shea Blvd. and west & east of Palisades Blvd., located within the
Fire Rock Country Club Area Specific Plan.
REQUEST: Consideration of the Final Plat of FireRock Country Club Parcel "P-2 & Q-
1" Subdivision. P-2 is a 15.78 acre, 14 lot, 1 tract subdivision and Q-1 is a
6.58 acre, 7 lot,0 tract subdivision.
DESCRIPTION:
OWNER: Fire Rock L.L.C.
APPLICANT: Dan Kelly for Fire Rock L.L.C.
EXISTING ZONING: "R1-18 P.U.D."
SURROUNDING LAND USES AND ZONING:
NORTH: Vacant, zoned "R1-18 P.U.D." F.( C.C.A.S.P.)
SOUTH: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.)
EAST: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.)
WEST: Vacant, zoned "R1-18 P.U.D." (F.C.C.A.S.P.) & Multi-family, zoned "R-3"
(Eagle Mountain)
SUMMARY:
This request by FireRock L.L.C. is for approval of the Final Plat for the FireRock Country Club
Parcel "P-2 &Q-1" Subdivision.
The following staff report will review several aspects of the project,including the following:
1. A review of the FireRock Country Club Area Specific Plan, and the development's
conformance with this plan.
2. The subdivision's design and its conformance with the Subdivision Ordinance and the
Zoning Ordinance.
Conformance with Fire Rock Country Club Area Specific Plan:
,,, The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club
Staff Report; S99-047
FireRock Country Club Parcel "P-2, &Q-1"
June 1, 2000
Page 2
Area Specific Plan. The P-2 & Q-1 areas were designated for "Single-Family/Low" density land
uses. Parcel P-2 was designated for a unit range of 144-216 units and a proposed unit count of 15
units. Parcel "0-1"proposes 14 lots. The Q-1 area was designated a unit range of 8-16 units and a
proposed unit count of 7 units. Parcel "Q-1" proposes 7 lots. This request is in conformance with
the FireRock Country Club Area Specific Plan and the adopted development agreements.
After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "P-2 & Q-1"
Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed
subdivision is in conformance with the FireRock Country Club Area Specific Plan.
Subdivision Design
GENERAL DESCRIPTION:
The topography of the property for Parcel "P-2 & Q-1" is sloping hillside with areas of moderate to
severe slopes, (exceeding 25%). Slopes of 20-30% are predominate in the proposed P-2
subdivision, slopes of 30%+ occur on lots 5 & 6 and within the open space tracts. There are few
areas of less than 10% % slopes, these are located along the ridge lines and in the washes. Slopes
of 10-20% and 20-30% are located in the northern and southern areas of the proposed plat. The
subdivision proposes no new streets. All of the lots meet the "R1-18 P.U.D." zoning district's lot
dimension requirements, including those for size and lot width respective to their plats.
GRADING:
The proposed subdivision complies with the Land Disturbance Standards of the Supplemental
Development Agreement for FireRock Country Club. The applicant is providing projected
disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock
Country Club allows the applicant to provide the required amount of non-disturbance required by
the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside
analysis by slope bands and has determined the amount of required preservation. This amount will
be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current
projected allocations for the disturbance area's lot by lot. Current projections for disturbance in
Parcel "P-2 & Q-1" are right at the proposed the allowable disturbance limits. The on and off-site
subdivision improvements associated with this plat are shown in the Palisades Blvd. construction
plans currently under review.
ISSUES:
There are no major outstanding issues on Parcel "P-2 & Q-1". All remaining redlines and
Staff Report; S99-047
FireRock Country Club Parcel "P-2, &Q-1"
June 1, 2000
Page 3
comments are minor informational items and will be corrected prior to recordation of the plat
Preliminary Plat:
The Planning and Zoning Commission reviewed and recommended approval of the preliminary plat
at their January 27, 2000 meeting. The Town Council approved the preliminary plat at the February
3, 2000 meeting.
Recommendation
1. Based on the FireRock Country Club Area Specific Plan land use designation, the current
zoning, and the proposed subdivision design, staff recommends approval the Final Plat for the
FireRock Country Club Parcel "P-2 & Q-1" subdivision.
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Staff Report S99-037
(11111, FireRock Country Club Parcel"Q-2"
June 1,2000
Page 2
Conformance with Fire Rock Country Club Area Specific Plan:
The adopted General Plan Land Use Map was amended by GPA 97-01; Fire Rock Country Club
Area Specific Plan. This area was designated for "Single-Family/Low density land uses, with a unit
range of 52-117 units and a proposed unit count of 26 units. Parcel "Q-2"proposes 25 lots.
After staffs review of the proposed Preliminary Plat Fire Rock Country Club Parcel "Q-2"
Subdivision, and the FireRock Country Club Area Specific Plan, staff believes that the proposed
subdivision is in conformance with the FireRock Country Club Area Specific Plan.
Subdivision Design
GENERAL DESCRIPTION:
The topography of the property for Parcel "Q-2" is sloping hillside with areas of moderate to severe
slopes. Slopes of 10-20% are predominate in the proposed subdivision. There are few areas of less
than 10% and 30% slopes. 20-30% slopes are scattered throughout the subdivision with the
majority in the northwest quarter of the proposed plat. The subdivision proposes two new cul-de-
sac streets off of FireRock Country Club Drive and Palisades Blvd. All of the lots meet the "R1-18
P.U.D." zoning district's lot dimension requirements, including those for size and lot width.
GRADING:
The proposed subdivision complies with the Land Disturbance Standards of the Supplemental
Development Agreement for FireRock Country Club. The applicant is providing projected
disturbance limits on a lot by lot basis. The Supplemental Development Agreement for FireRock
Country Club allows the applicant to provide the required amount of non-disturbance required by
the subdivision ordinance in any slope category. Therefore the applicant has conducted a hillside
analysis by slope bands and has determined the amount of required preservation. This amount will
be distributed on each lot on the Final Plat. The numbers provided by the applicant are their current
projected allocations for the disturbance area's lot by lot. Current projections for disturbance in
Parcel "Q-2" are below the allowable disturbance limits. The on and off-site subdivision
improvements have been shown on improvement plans and their construction will be required to be
assured prior to Final Plat recordation.
ISSUES:
There are no major outstanding issues on Parcel "Q-2". All remaining redlines and comments are
minor informational items and will be corrected prior to recordation of the plat
Staff Report S99-037
FireRock Country Club Parcel"Q-2"
June 1,2000
Page 3
Preliminary Plat:
The Planning and Zoning Commission reviewed and recommended approval of the preliminary plat
at their January 13, 2000 meeting. The Town Council approved the preliminary plat at the January
20, 2000 meeting.
Recommendation
Based on the FireRock Country Club Area Specific Plan land use designation,the current zoning,
and the proposed subdivision design, staff recommends approval the Final Plat for the FireRock
Country Club Parcel "Q-2" subdivision.
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TO: The Honorable Mayor and Town Council
THROUGH: Paul Nordin,Manager
FROM: Steve Gendler, Public Safety Director
DATE: May 23, 2000
SUBJECT: Grant Award- Community Oriented Policing
EXECUTIVE SUMMARY
The purpose of this memorandum is to request Council approval of a $133,456 grant award
from the Justice Department for two full time law enforcement positions in Fountain Hills. The grant
award is part of the "Violent Crime Control and Law Enforcement Act of 1994". The more common
name for this act is the "Federal Crime Bill" signed by President Clinton.
This grant came about as a result of a request the Marshals Department originally submitted
in 1996, which was previously approved by the Council. That request, as well as supplemental
awards in 1997, 1998 and 1999 have resulted in $825,000 for the Marshals Department to organize
and operate a crime prevention and neighborhood dispute resolution effort. The current award,
which will be the fifth in a series under this program, will pay approximately 75% of the salary for
any deputy Marshals hired at a cost to the town of$9050 the first year for each officer. The grant
would run through May 1, 2003.
As Public Safety Director, I have used part of previous grant awards for additional deputy
Sheriffs positions, protection of public property, neighborhood dispute resolution, and crime
prevention activities. In this instance, I propose to assign both positions to the Marshals Department
to specifically address a growing concern with juvenile related issues including, vandalism,
substance abuse, gang related activities, and the need for additional school resource officers.
BACKGROUND
On September 13, 1994, President Clinton signed a $2.3 billion "crime bill" which provided
federal funding for a variety of law enforcement, prisons, and prevention programs. $1.3 billion was
designated for law enforcement.
One of the law enforcement provisions, called the "Cops On The Beat" program, represented
an opportunity to obtain federal assistance in fielding 100,000 new police officers. The first phase of
that program, representing $200 million, targeted large cities with urban crime caused by closure of
manufacturing plants and military installations. The second phase allocates $1.1 billion for
innovative community policing, provides money for large cities that did not receive funding in phase
one, and has provisions to assist law enforcement agencies serving populations under 50,000 people.
The United States Justice Department was allocated up to $165 million in phase two funds
for grants to small cities and towns. The money is earmarked to help eligible communities hire new
officers for community policing and specific crime prevention programs. Fountain Hills qualified in
this category on the basis of a grant request outlining our community policing concept.
(iw
Unless extended by Congress, funding for further grants under this program will not be
available after September 30, 2000.
FOUNTAIN HILLS GRANT REQUEST
The town has an innovative method of delivering police services with our combination of
Marshal's personnel for ordinance and zoning enforcement and Sheriffs personnel under contract for
traffic and criminal enforcement. Our combined crime prevention efforts constituted the basis for
eligibility under the community based policing program.
Since incorporation, our population has increased 63% which has led to an 8% increase in
law enforcement service calls in the last year alone. With projected growth in the near future, the
town must continue to look for innovative ways to provide law enforcement services, protect our
residents, and hold down costs wherever possible. We use the national standard of 1.5 officers per
1000 population as a benchmark, and, by adding grant-funded deputies to the Fountain Hills law
enforcement program for community based crime prevention and crime resistance programs, we
have an opportunity to maintain the 1.5 officers per 1000 population level at an economical cost.
GRANT FUNDING
Under the provisions of this grant, we would be eligible for up to 75% of the total salary of
each officer over three years, with a maximum of$66,728 per officer. The total projected cost to the
town for three full years of service would be$31,945 per officer.
TIMETABLE
A $133,450 supplemental grant has been awarded by the U.S. Justice Department with
notification on May 1, 2000 giving the town 90 days to determine whether or not to accept it. The
first step in the acceptance process is approval by the Town Council which is submitted along with
comprehensive deployment and retention plans, community policing certifications, and fiscal
information prepared by the Public Safety Director.
I believe this grant represents an important opportunity to maintain an acceptable level of
law enforcement. With previous grants we have received under this program, and this award, the
town would have gained over $800,000 toward our law enforcement expenses by the year 2003.
However, this option will not be available unless action is taken and all provisions are met within the
grant acceptance deadline. Therefore, I am requesting approval at the June 1st Council meeting.
Respectfully Submitted,
Steve Gendler
Public Safety Director
(61. Interoffice Memo
To: HONORABLE MAYOR AND TOWN COUNCIL
From: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION
Date: 05/30/00
Re: AGENDA UPDATE FOR JUNE 1, 2000
NEW AGENDA ITEM #8— CALLING THE ELECTION FOR REFERENDUM 2000-RO1
On May 9, 2000, Karen Huske and the Logical Land Use Committee filed referendum #2000-R01.
During the initial review process, no signature pages were disqualified due to statutory defects. Using
a program provided by the Secretary of State's Office, a statutory, five-percent random sample was
taken of the 698 signatures. The random sample, consisting of 28 signatures, was transmitted to the
County Recorder's Office for verification. The County Recorder's Office found that all signers were
qualified electors at the time of signing the petitions, resulting in a 0-failure rate and referendum
petition.-#2000-R01 with 698 valid signatures. Since the valid signatures are at least 105 percent of
the minimum required, referendum #2000-R01 qualifies to be placed on the ballot. A final receipt
��� icy,
t�there ate sufficient signatures to place the referendum on the ballot is being sent to the
applicant today by certified mail. A copy of this receipt/certification is included in this packet.
According to state statute, a referendum question is to be placed on the ballot at the next primary or
general; le o, It,,does allow local jurisdictions to authorize the call of a special election for the
referendum qu €on. Pursuant to Sections 2-6-1.C. and D. of the Town Code, the Town Council may,
upon the affirmative vote of four members, vote to call a special election for a referendum. A copy of
Section,2-6-1 is attached.
If the referendum is to be decided at a special election, the Council must act on the matter no less
that°90 days-and"r o more than 150 days from the date that the petition is certified for placement on
...........
the ballot. This deadline is June 14, one day before the Council's second regularly scheduled meeting
in June. Since the petitions have just today been certified for placement on the ballot, staff is adding
this item to the June 1 agenda. The second set of deadlines to contend with are those required by
Maricopa County. Jurisdictions had to notify the County by May 15 of their intent to hold an election
on September 12. In anticipation of a successful referendum attempt, staff has already made that
notification.
If the Council desires to place referendum #2000-R01 on the September 12 ballot instead of waiting
until the next regularly scheduled primary election in March 2002, the affirmative vote of four
councilmembers will be needed on the motion to call the election for September 12. If you have any
questions, please do not hesitate to contact me.
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Page 1 of 1 Cassie Hansen Last printed 05/30/00 1:02 PM
05/30/00
4_ApIN ♦_
64rig
fibre
3 9 Town of FOUNTAIN HILLS
fsr.ws9
t6at is AMP
TOWN OF FOUNTAIN HILLS
REFERENDUM PETITION FINAL RECEIPT
TO: KAREN HUSKE, LOGICAL LAND USE COMMITTEE
FROM: CASSIE HANSEN, DIRECTOR OF ADMINISTRATION/TOWN CLERK
RE: REFERENDUM PETITION, SERIAL NUMBER 2000-R01
DATE: MAY 30,2000
I, Cassie B. Hansen, Town Clerk of the Town of Fountain Hills, Arizona, p ursuant to
A.R.S. 19-121.04., do hereby certify that 0 signature pages bearing 0 signatures for
referendum petition serial number 2000-R01 have been refused for filing in this office
because the person circulating them was not a qualified elector at the time of
circulating the petition or was a county recorder or justice of the peace at the time of
circulating the petition or due to defects in the circulator's affidavit. A total of 0
signatures included on the remaining petition sheets were found to be ineligible. Of
the total random sample of 28 signatures, a total of 0 signatures were invalidated by the
county recorders resulting in a failure rate of 0 per cent. The actual number of
remaining signatures for such referendum petition number 2000-R01 is equal to or in
excess of the minimum required by the constitution to place a measure on the ballot
pursuant to Section 2-6-1 of the Town Code of the Town of Fountain Hills. The
number of valid signatures filed with this petition, based on the random sample,
appears to be at least one hundred five per cent of the minimum required or through
examination of each signature has been certified to be greater than the minimum
required by the constitution.
Date: 5' 30-00
Cassie B.Hansen, Director of Administration/Town Clerk
L
16836 East Palisades Boulevard,Building C-P.O.Box 17958-Fountain Hills,Arizona 85269-(480)837-2003-FAX:(480)837-3145
MAYOR AND COUNCIL
tkikw Section 2-5-6 Signatures Required
Every ordinance passed by the council shall, before it becomes effective, be signed by the mayor
and attested by the clerk.
Section 2-5-7 Publishing Required
Only such ordinances, orders,resolutions, motions, regulations or proceedings of the council shall
be published as may be required by state statutes or expressly ordered by the council.
Ordinances shall be published once each week for two consecutive weeks in a weekly newspaper
or four consecutive times in a daily newspaper of general circulation.
Section 2-5-8 Posting Required
Every ordinance imposing any penalty, fine, forfeiture or other punishment shall, after passage,
be posted by the clerk in three or more public places within the town and an affidavit of the
person who posted the ordinance shall be filed in the office of the clerk as proof of posting.
ARTICLE 2-6 INITIATIVE AND REFERENDUM
2-6-1 Power Reserved; Time of Election
2-6-2 Number of Signatures
2-6-3 Time of Filing
2-6-4 Sample Ballots and Publicity Pamphlets
Section 2-6-1 Power Reserved; Time of Election
A. There is reserved to the qualified electors of the town the power of initiative and the
referendum as prescribed by the state constitution,Arizona Revised Statutes and this code.
B. Any proper initiative matter shall be voted on by all qualified electors at the next ensuing
town primary or general election pursuant to subsection A of Section 2-6-3.
C. That upon presentation of a certificate to the council by the town clerk that all steps required
by the constitution and the state statutes concerning referendum have been complied with,
the council may call a special election on the matter referred no less than ninety days and
no more than one hundred fifty days from the presentation of the certificate by the clerk;
provided that within that period of time there is no regularly scheduled town primary or
general election for which the referendum matters would otherwise qualify.
D. The call of a special election for referendum matters shall be valid only upon the affirmative
vote of four members of the council voting on said request and call. Should the required
number of votes to call the special election not be obtained then the referendum matter shall
(how appear on the ballot at the next regular town primary or general election.
14.1 Rev. 1/95
MEMORANDUM
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TO: Mayor Morgan and Town Council
THROUGH: Paul L. Nordin,Town Manager
FROM: Robin Go, e as.n,Director
Parks and 'ecreation Department
DATE: May 23, 2000
RE: Summer Intern
Marlena Cavallo is the new Parks and Recreation Summer Intern. Marlena started her internship on
Monday, May 22nd and will continue for 14-weeks with the Town until August 25th. Marlena is a
senior at Slippery Rock University in Slippery Rock, Pennsylvania.
Parks and Recreation has been accepting student interns majoring in the recreation field from
colleges and universities since 1991. Internships are offered with the Department during the
Spring, Summer and Fall semesters.
Lir
Marlena will be working with several different programs this summer including Summer
Clubhouse, Summer Field Trips, Teen Excursions, Teen Adventure Series, Twilight Tuesdays,
Party in the Park and more. She will also be responsible for coordinating the Summer Turnaround
Trip for teens to Universal Studios Hollywood, a senior excursion to an Arizona Diamondbacks
game. Marlena's internship project will include researching and updating the Department's "101
Things To Do With Kids," which is published every few years and distributed locally. In addition
to programming, she has expressed an interest in learning more about the administrative
responsibilities that go along with working for a municipal recreation department.
Upon completion of her internship, Marlena will formally graduate and return to Pennsylvania to
begin her career in the recreation field. We are excited to have Marlena with the Department and
look forward to an exciting summer!
L
Marlena Cavallo
Campus Address: Home Address:
325 A ROCK Apts. P.O.Box 36
Slippery Rock,PA 16057 St.Benedict,PA 15773
(724)738-4600 (814)948-7554
e-mail:mena06@yahoo.com
EDUCATION
Slippery Rock University
Slippery Rock, PA
Class of August 2000
B.S. in Parks and Recreation/Environmental Education concentration in Resort Recreation
Management and Tourism; Minor in Business Administration; Overall GPA: 3.204 on a 4.0 scale
COURSE HIGHLIGHTS
• Foundations of Parks and Recreation • Inclusive Leisure Services
• Principles of Commercial Recreation and • Management of Leisure Services and
Tourism Commercial Facilities
• Parks and Recreation Public Relations • Parks and Recreation Administration
• Tournament Structure and Administration • Recreation Leadership
• Practicum
ACTIVITIES
• Rho Phi Lambda Honors Fraternity, (1998-present)
• Slippery Rock University Women's Volleyball Team (1996-present); Four year letter
winner and senior team captain
WORK HISTORY
Practicum, Greater Johnstown YMCA (May 1999-August 1999) Johnstown, PA
• Assisted in leading Arts and Crafts at summer day camp
• Developed an adult co-ed volleyball program
• Ordered prizes and awards for summer sports programs
• Taught new games to the campers at summer camp
• Prepared and wrote descriptions for sports programs offered in the fall and winter seasons
• Researched membership fees and benefits of fitness for new programs at the YMCA
• Supervised swim time at summer day camp
Ticket Sales Clerk, Cedar Point, (May 1998- September 1998) Sandusky, OH
• Managed cash register at main gate ticket booths
• Answered guests questions about park operations
• Acquainted guests, when needed, with features of Sandusky area
Volunteer, Pennsylvania Special Olympics (October 1997, 1998, 1999) Slippery Rock, PA
• Headed volleyball skills competition
• Officiated volleyball competitions
• Handed out medals to medal winning athletes
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Certifications
• Infant, Child, and Adult CPR
• Infant, Child, and Adult First Aid
TOWN OF FOUNTAIN HILLS
MEMORANDUM
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TO: The Honorable Mayor and Town Council
THROUGH: Paul Nordin,Town Manager
FROM: Geir Sverdrup, Senior Planner
DATE: May 26, 2000
SUBJECT: Consideration of a cut and fill waiver for Lot 3,Town Center I,for a 12 foot cut.
The applicant for this request is the Pederson Investment Group. They are requesting a cut/fill
waiver to develop a Wells Fargo Bank on lot 3 of Town Center I. The Planning and Zoning
Commission unanimously recommended approval of the request. Please see the attached report
for specific details.
L
L
CONSIDERATION OF A CUT AND FILL WAIVER
TO PERMIT A CUT TWO (2) FOOT IN EXCESS OF THE PERMITTED TEN (10) FEET
LOCATED AT TOWN CENTER I, LOT 3
Planning and Zoning Commission Report
June 1, 2000
CASE NO: CFW2000-04
OWNER: Pederson Investment Group
APPLICANT: Pederson Investment Group
EXISTING ZONING: "C-2"
EXISTING CONDITION: Undeveloped commercial lot
LOT SIZE: 1.0576 acre
SURROUNDING LAND USES AND ZONING:
NORTH: Developed multi-family &fire station: zoned "R-3"
SOUTH: Developing Senior Care Facility: zoned "C-2"
EAST: Developed commercial lot: zoned "C-2"
WEST: Developed Commercial lot: zoned "C-2"
SUMMARY:
This request is for the approval of a waiver to allow for cut grading to exceed the ten (10)
foot maximum set forth in Chapter 5, Section C (4) of the Town of Fountain Hills Zoning
Ordinance. Pederson Investment Group, the applicant for the waiver, is requesting that
the Town Council waive the requirement of this ordinance to allow for cut grading of a
maximum of twelve (12) feet, to permit the development of a commercial building
located at Lot 3, Town Center I.
The applicant has designed a grading plan to accommodate a Wells Fargo Bank on lot 3
and a Walgreen's on lot 4. The applicant has stated that the grading of both lots has
been designed to accommodate ADA requirements between the lots and into the
proposed buildings. Staff (Community Development and Engineering) has reviewed this
application on several occasions and has met with the applicant to discuss the various
issues. The applicant has sufficiently proven the need for the cut waiver.
The applicant's first letter states that there was a similar cut made at the Safeway site
immediately adjacent to this requested cut. While this is an accurate statement the
Safeway was designed and built under earlier zoning codes. The applicant submitted a
second letter, which goes on to state that the site cannot meet ADA without the cut and
further that the slopes for the driveway and landscaping becomes less desirable.
Safeway Inc. has been reviewing the application and their main concern is the intensity
of the use of the access easement granted by Safeway to MCO Properties, then owner
of the property in question. Safeway has no objection if the driveway labeled "B" on
their exhibit is eliminated. The other property owner of the Safeway Center has protested
the original alignment of the proposed driveways. With the revisions made during the
course of discussions with the applicant and the elimination of the rear driveway, staff
believes that the protested design has been solved.
Planning &Zoning Commission Report
CFW2000-04
June 1, 2000
Page 2
PLANNING AND ZONING COMMISSION:
This application had been continued by the Planning and Zoning Commission due to the
fact that the applicant had not convinced staff that the application was necessary to
develop. Further there was not yet a site plan that the staff felt comfortable saying was
approvable. The staff report submitted to the Planning and Zoning Commission on May
25, 2000 recommended denial of this application. During the week prior to the meeting
staff was able to work with the applicant to minimize the amount of cut and still meet
ADA requirements. Staff recommended approval of an 11.5 foot cut at the meeting,
Commissioner Downs recommended a cut of no more than 12 feet, which was
unanimously approved, with the stipulation as requested by staff and Safeway that the
driveway labeled "B" in Safeway's letter be eliminated. The applicant concurred with
the stipulation.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of CFW2000-04 at a
maximum of 12 feet of cut with the stipulation that the second driveway "B" is eliminated.
L
APR-14-2g gG 10:29 • TOWN OF FOUNTAIN HILLS 434E P.02 n4
4#lib
* / TOWN OF FOUNTAIN HILLS
1.aim' COMMUNITY DEVELOPMENT DEPARTMENT
Date Flied Fee Paid
SD /a//�/oO ( Accepted
By
Subdivision Name
Subdivider/Developer _
StthC rSEA/ Pb% SSt/ //t/i/F37-4l r!'ef,e
(Owner or Rea.Name) (Firm Name)
Addre s Da Phone
30 ✓n1Zso.�.srr r 1r7/ >C4�a2 s• z • 1
1 9� 4 ze
Chy 6/7 A/ PIegA/c/sGd 1ST cif ( Zip A/5 3
Planner/Engineer trDOx/A1 e(�A/ f
(Planner/Engineer Name) (Firm Name)
Address
�ZG3 ���v �/vFN Da Phone
City
TJD _. 7-375t
vim'G071:51a �' "i Z•ST Zip
/
Parcel Vx.e(in acres) Proposed Number of Lots Lot Numbs s)Affected
• / )S7� ova /)
Maximum Depth of Cut(in feet) /02 Maximum Depth of Fill(in feet)
• ---___.
Please include the following(attach additional sheets):
1. A grading plan showing the areas of cut and/or fill in excess of the 10 foot limitation.
2. A narrative explaining the need for greater than 10 foot cuts and/or fills and what steps have been taken to
keep the degree of cuts and/or fills in excess of 10 feet to a minimum.
i
aT If application/s being filed by an agent of the owner,please complete the following shaded
section.
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MAY 24 '00 15:14 FR PHX REAL—ESTATE DEPT 480 929 8221 TO 94808373145 P.02/03
illiiV SAFEINAY INC.
2750 S.Priest Drive.Tempe,AZ 85282
Via Fa,.1: Airborne
May 24, 2000
Mr.Art CaAdelaiia
Mr.Jim Leubner
Mr.Jeff Vaider
Mr.Tom Ward
Town of Fountain Hilts
16836 E.Palisades Boulevard
Fountain Hills,AZ 85269
RE: Proposed Wells Fargo/Walgreens Development
Access Easement Agreement
Fountain Hills,Arizona
Dear Msers. Candelaria, Leubner,Valdar and Ward:
(kw This letter is to confirm Safeway's position with regard to the proposed Wells Fargo/Walgreen's
development and the related cross access between the Safeway center and the adjacent
proposed development.
Safeway approves of the access point referenced as point"A"on the attached site plan.
However, because of potential interference with Safeway's truck delivery area and the possible
creation of a serious safety hazard,Safeway does not approve of the access point referenced as
point"Be.
If you have any questions please do not hesitate to contact me at 480/894-4201.
Sincerely,
n . Martin
Real Estate Manager
Cc: L. MacDonald
M. Smith
J. Gilligan
J. Moritz,Jr., Francis J.Slavin, P.C.
L. Bauman, Wells Faigo
L
MAY 24 '00 15:14 FR PHX REAL—ESTATE DEPT 480 929 8221 TO 94808373145 P.03/03
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5-19-2000 3: 18PM FROM OLPASF/ SLLA 415 982 4124 P. 1
O V E R W A Y LARSSON PEDERSEN ARCHITECTS
(IV
5/17/2000 FAXED 480-837-3145
Mr. Geir Sverdrup
Senior Planner
Town of Fountain Hills
16836 E. Palisades Blvd.
Fountain Hills, AZ 85269
Re: Walgreens/Wells Fargo Cut& Fill Waiver.
Dear Geir:
Since our last meeting on May 11th,we have revised the civil and related drawings to reflect the driveway
changes that were agreed to on the West property line. I havere-submitted all of the civil drawings as
well as revised landscape plans and the architectural site plan.
I would like to take this opportunity to again describe the circumstances that require us to need the cut&
fill waiver that we have applied for:
The site rises in elevation 23 feet from front(North)to back(South). We established a finished
floor elevation of 1682 feet, a nine foot rise from the street. There are several reasons that we
feel this is our maximum workable finished floor elevation:
1. Without the Cut& Fill Waiver the floor elevation would have to be raised to a point that
would make it impossible to meet the ADA requirements for access from the public way.
2. This elevation gives us a main entrance drive slope of 10%. We feel this should be the
maximum to maintain a safe entrance as there are cross aisles at the crest of this slope.
Without the Cut& Fill Waiver this slope would increase to 14%.
3. Any increase in the finished floor elevation would increase the slope of the landscape
area between the street and front parking. This area already has some slopes at the
maximum of 3:1 in-between the switchback ADA sidewalk. Any increase in the slope of
the landscape areas would also restrict the vision of drivers entering from or eXiting onto
Palisades Blvd.
4. The elevations that we have established allow us to correspond to the slope of the
existing access drive paralleling the West property line. The entrance to this access drive
from Palisades Blvd. is at a 10%slope which matches our proposed drive slope.
I have revised the exhibit (Exhibit A)that shows the areas of cut exceeding ten feet. You will see that by
revising the grades in the rear we have again reduced the amount of cut that will be required. The
average depth of cut in this reduced area is approximately 11.38 feet. We have also maintained a slope
of 4:1 or less in the landscape areas at the rear property line.
530 Jackson Street 3111 Second Avenue
San Francisco,CA Corona del Mar,CA
941335154 92825-2322
415.982.4128 Tel 949.718.9180 Tel
415.982.4124 Fax 949.718.9131 Fax
Sverdrup-105.17.00.doc olesf aol.corn olanb aol.corn
5-19-2000 3: 19PM FROM OLPASF/ SLLA d15 982 4124 P. 2
I believe the difficult circumstances we are dealing with on this property pointedly address the very
concept of the Cut& Fill Waiver and I respectfully request your recommendation of approval of this
waiver. I will be attending your meeting on May 18th, and will be available then, and prior,to answer any
questions you may have, or provide any additional supporting materials that you may desire.
SincerdW
ely,
.t°144e7l1
ffrey G. Pedersen A.I.A.
Principal/Overway Larsson Pedersen Architects
Partner/Pedersen Investment Group, LLC
cc: Jim LeubnerlSenior Civil Engineer
Scott Pedersen/Pedersen Investment Group, LLC
Leo Bauman, Byron Stephens/Wells Fargo Bank
L
5-19-2000 3: 19PM FROM OLPASF/ SLLA 4.15 982 4124. P. 3
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O V E R W A Y LARSSON PEDERSEN ARCHITECTS
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5/5/2000
Town of Fountain Hills
Planning &Zoning Commission
16836 E. Palisades Bivd.
Fountain Hills, AZ 85269
Re: Walgreens/Wells Fargo Cut&Fill Waiver.
Dear Commissioners:
I am applying for a waiver to exceed the allowable grade cut on a portion of our project for Wells Fargo
Bank at the corner of Palisades Blvd. and Avenue of the Fountains. This is a new freestanding branch
bank facility for Wells Fargo that will replace its'current location next to Safeway.
The site as it exists has a large mound in the rear(southwest)corner that rises to an elevation of 1696
feet. The front (Palisades) side of the site is at an existing elevation of 1673 feet. In establishing the
finished floor elevation of the new bank we attempted to keep the main driveway from Palisades at a an
acceptable and safe slope while also maintaining an elevation that will allow the required access for the
handicapped from the public sidewalk. The elevation that we chose is 1882 feet. This is the maximum
elevation that will still achieve our goals at the front of the site, however, it will require a cut at the
southwest corner of the property in excess of ten feet (See Exhibit A attached).
After meeting recently with Planning and Engineering Department representatives, we agreed to the
suggestion of raising the new finished grade of the parking area at the rear of the site an additional two
feet(See Exhibit B attached). This will solve an engineering driveway concern as well as reduce the
slope of the planting area at the rear of the site to 4:1 (3:1 being the maximum and previous slope). It will
also reduce the amount of cut over the allowable. From Exhibit A you can see that the maximum cut is
two feet over the ten feet allowed.
I should also like to point out that the existing access drive along the west side of the site had previously
cut into the same mound similarly.
I respectfully request your approval of this waiver. I will be attending your meeting on the May 11th, and
will be available then, and prior,to answer any questions you may have, or provide any additional
supporting materials that you may desire.
Sincerely,
6
(jeffG. Pedersen A.I.A.
rey
rincipal/Overway Larsson Pedersen Architects
Partner/Pedersen Investment Group, LLC
cc: Geir Sverdrup/Senior Planner
Scott Pedersen/Pedersen Investment Group, LLC
Leo Bauman, Byron Stephens/Wells Fargo Bank
530 Jackson Street 3111 Second Avenue
San Francisco,CA Corona del Mar,CA
94133-6154 92625-2322
415.982.4128 Tel 949.718.9180 Tel
415.982.4124 Fax 948.718.9131 Fax
Sverdrup-105.05 O0.doc olast @.aol.corn olanb aol.corn
5-05-2000 9:34AM FROM OLPASF/ SLLA 415 982 412 . r.
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Andrew C. Gilligan
P.O. Box 13630
Scottsdale, AZ 85267-3630
(480) 585-1786
L
March 31, 2000
Ms. Sharon Morgan
Mayor
Town of Fountain Hills
16838 E. Palisades Blvd.
Fountain Hills, AZ 85268
RE: Palisades Plaza - Safeway Center
Dear Mayor Morgan:
We are the owners of the Safeway center located at the
intersection of Palisades and Fountain Hills Boulevard. It has
come to our attention that an adjoining property owner (Wells
Fargo) has proposed having their driveway come into the Safeway
Center from their new branch. Specifically, the location of the
(11100 proposed driveway would by our furthest northeast entrance to the
property off of Palisades .
There does exist a cross easement agreement between Safeway and
ourselves . This essentially assures access by patrons, delivery
vehicles and employees to all common areas of the center. It was
never intended for adjoining property owners .
Due to the volume of traffic in this area and the hope of
avoiding an accident, we have found it necessary to install stop
signs within the center this past January. Two weeks ago I
received a call from Safeway asking permission to additionally
install speed bumps to the very area of the proposed driveway
because the stop signs were not sufficient to slow motorist down
and stop the through traffic of people cutting behind Safeway to
get out onto Fountain Hills Boulevard. As of the date of this
letter two speed bumps have already been installed.
As you can see, we are already experiencing a great deal of
difficulty controlling the traffic we already have. Therefore,
we are opposed_ to the adjacent property owner using any of the
Safeway Center driveways for their egress and regress . Also, in
tiur opinion, the adjacent property owner already has sufficient
c:mydocuments\word\property\fountain hills mayor
Ms. Sharon Morgan
March 31, 2000
Page 2/2
access to Palisades and Avenue of the Fountains .
We respectively ask for your consideration and support in
rejecting the adjacent property owner' s proposal .
If you have any questions or would like to further discuss the
matter we can be reached at 480-585-1786 .
Sincerely, c
am.
Andrew C. Gilligan James P. Gi gan
Owner Owner
cc: Jan Martin, Safeway
L
L
C:mydocuments\word\property\fountain hills mayor
Town of Fountain Hills
Memorandum
DATE: May 26, 2000
TO: T . onort ile Mayor and Common Council
FROM: -, Val.- ,Director of Community Developmek\_�
THROUGH: P. I •' i 1,Town Manager
SUBJECT: Con a e .tion •r awarding a contract to Rick Giardina&Associates in an
amou t of$70,010 to create a methodology study and analysis for development
fees. The report/study will be the basis for creating an ordinance adopting
development fees for the Town of Fountain Hills.
On November 18, 1999 the Town Council authorized staff to prepare and issue a Request for
Proposals (RFP)document that would solicit proposals from outside vendors to create a
methodology study and analysis for development fees. On March 3,2000 the Town received
proposals from six consulting firms. Those firms and the proposed costs for the development of
all eight development fees included in the RFP were:
• Duncan Associates: $75,810
• Hofman Planning Associates: $88,500
• Rick Giardina & Associates,Inc.: $70,000
• Tindale-Oliver&Associates, Inc.: $74,400
• Tischler& Associates,Inc.: $88,700
• Willdan: $36,400
Staff reviewed all of the proposals and selected four firms who we believed would best meet the
Town's needs. The names of those four firms are indicated in bold on the above list. Staff has
interviewed these four firms over the past few weeks. All four of these firms have extensive
experience in creating development fee methodology studies and analyses,and all four firms were
good candidates to successfully complete the study. Based on these interviews,their proposals,
the experience of the principles involved, their experience in creating development fee studies in
Arizona, staff's prior working relationships with these firms, and our review of the needs of the
Town, staff recommends that the Town Council award the contract to Rick Giardina&
Associates, Inc. in the amount of$70,000.
Staff believes that Rick Giardina&Associates, Inc. has the professional expertise to complete the
methodology study and analysis in a thorough and timely manner. The Town has enjoyed a
successful working relationship with Mr. Giardina for the past several years on other projects, and
staff is confidant that the Town will be pleased with his firm's work on this project
Please feel free to give me a call at 816-5108 if you have any questions. Staff will also be happy
to respond to any questions you may have at the June 1, 2000 Town Council meeting. Please see
thry the attached copy of the Rick Giardina&Associates,Inc. proposal. Again, staff recommends
Town Council approval of the Rick Giardina&Associates proposal, in the amount of$70,000.
6) ick
• iardina
> ssociates, Inc. •
Utility Rate and
Financial Consultants
0
Town of Fountain
Hills
Methodology Study
and Analysis for
Development Fees
Proposal
March 2, 2000
In association with TOWN OF FOUNTAIN HILLS
MAR 0 3 2000
COMMUNITY UtVELOPMENT
B ,,,: Research & DEPARTMENT
Consulting
ick
iardina
Associates, Inc.
st
41.0 ty Rate and
racial Consultants March 2, 2000
0
Specializing in:
• Cost of Service Studies Mr. Jeffrey W. Valder
• Impact Fee Studies Community Development Director
•Financial Feasibility Analysis Town of Fountain Hills
• Litigation Support
• Privatization Studies 17958 E. Palisades Blvd.
•Mergers and Acquisitions Fountain Hills, AZ 85268
•Management and
Organizational Reviews
Dear Mr. Valder:
Enclosed is a proposal submitted by Rick Giardina& Associates, Inc.
(RGA), in association with BBC Research and Consulting (BBC), to
perform an impact fee study for the Town of Fountain Hills. This proposal
strictly follows the requirements presented in the Town's Request for
Proposals (RFP):
❑ Section I outlines the proposed scope of work.
❑ Section II describes the background of the proposing firms and their
relevant experience. This section also contains references from past
clients and resumes of personnel who would work on this project.
Liv ❑ Section III presents the proposed cost of this study, broken down by
type of fee.
❑ Section IV contains a report from an impact fee development study
in Salt Lake City, Utah conducted in 1999 by RGA/BBC.
We hope the enclosed information is useful as you consider various options
for financing growth in Fountain Hills.
Sin erely,
1
4544/-
Richard D. Giardina
President
thirt1 East Rice Place
Suite 100
Aurora,Colorado 80015 .
Phone 303 699-2690
Fax 303 699-2666
Town of Fountain Hills
om Proposal to Complete an
P P
Impact Fee Study
Table of Contents
Transmittal Letter
I. PROPOSED SCOPE OF WORK I-1
A. Objectives I-1
II. PROJECT TEAM — BACKGROUND, QUALIFICATIONS
AND REFERNCES II-1
A. Project Team Organization II-1
B. Rick Giardina& Associates, Inc. 11-3
1. References II-4
2. Comparable Projects II-5
3. Related Experience II-6
C. BBC Research& Consulting. II-11
1. References 1I-12
2. Related Experience 11-12
�r D. Key Personnel I1-14
III. NOT-TO-EXCEED COST PROPOSAL III-1
IV. PROPOSED SCHEDULE IV-1
V. RECENT WORK PRODUCT V-1
Exhibit 1 Project Team Organization II-1
Table III-1 Not-to-Exceed Costs by Phase and Type of Fee III-1
L
I. PROPOSED SCOPE OF WORK
tikw
This section defines objectives, workscope and deliverables associated
with the development of impact fees for open space, trails, libraries,
police/sheriff services, roads, general government, schools, parks and
public buildings. The tasks outlined below include an assessment of the
Town's current financing structure, development of fees, drafting of a fee
ordinance and presentation to the Town Council.
A. OBJECTIVES
The objectives of the proposed analysis are four-fold:
❑ Analyze and recommend modifications to the Town of Fountain
Hills' current infrastructure financing practices to ensure an
equitable distribution of infrastructure costs between new and
existing residents and to better accomplish the Town's long term
development and community goals.
❑ Analyze current Town subdivision development regulations and
infrastructure financing processes to document how the Town
currently pays for general infrastructure expansion and determine
whether the cost of infrastructure expansion is presently shared
equitably between the existing community and future development.
❑ Develop a new system of development impact fees to ensure that
the Town has the financial resources necessary to provide growth
related infrastructure, and that the cost of such infrastructure is
reasonably allocated to those entities that benefit from
infrastructure expansion.
❑ Provide appropriate documentation to demonstrate the theoretical
and quantitative basis for fees and the annual updating process.
Toward achievement of these objectives, we anticipate the following tasks:
Task 1: Project Initiation
1.1 Contract execution
1.2 Formalize schedule, steering committee and public meeting
process.
❑ Discuss staff steering committee composition
"A/ BBC Research & Consulting I-1
Town of Fountain Hills Proposed Scope of Work
❑ Discuss role of special interests (e.g., home builders, major
developers, community groups, etc.), Town Council and staff
1.3 "Kick-off' meeting with staff steering committee.
❑ Review process, expectations, etc.
Task 2: Analysis of Current Conditions, Current Financing Systems, Infrastructure
Requirements and New System Options
2.1 Collect and review available data on current services for use in
providing an introduction to service delivery issues and for
developing infrastructure expansion cost estimates and service
delivery standards.
2.2 Review and evaluate the Town's current infrastructure exaction
policies (developer requirements or subdivision exactions), and the
Town's current infrastructure financing systems in regards to
revenue generation capability, growth sensitivity, fairness, equity
and adequacy for achieving long term capital needs.
2.3 Review and evaluate current long-term capital financing
systems.
2.4 Review and evaluate the Town's long-term infrastructure
requirements as defined in the most recent Capital Improvement
Plan recognizing sources of infrastructure demand:
❑ Repair/replacement of existing facilities
❑ Betterment of Town service standards
❑ Institution of new services
❑ Expansion of facilities for new development
2.5 Analyze Town's current debt financing systems and document
extent of current indebtedness; identify infrastructure that has been
acquired with borrowed funds.
2.6 Review legal and functional basis of development fees,
including legal criteria: (authority, proportionality, specificity and
accountability); and infrastructure demand criteria (betterment,
repair, replacement versus system expansion. (Town Attorney
participation and review expected).
L
A/ BBC Research & Consulting I-2
Town of Fountain Hills Proposed Scope of Work
TASK 2 PRODUCT.
Working Paper That Includes ...
• Summary and analysis of existing infrastructure financing
systems; implications
• Identification of capital revenue flows from new growth and
analysis of current relationship to funding of growth-related
capital needs:
—Oversizing contributions
— Subdivision requirements
—Other fees and charges
• Review of current capital improvements financing strategies
• Analysis of system benefits and shortcomings
• Analysis of legal aspects of system development including
implications of Arizona case law
• Analysis of growth demands for infrastructure
• Conclusion regarding current system adequacy; recommendations
Task 3: Evaluation of Fountain Hills Infrastructure Service Standards and Analysis of
Current and Future Land Use
A well-designed development fee system requires an allocation of costs
between different types of land uses (e.g., institutional, commercial,
industrial and residential). Many systems go to another level of detail and
distinguish further between multifamily homes and single-family homes,
and different types of commercial and industrial users. The degree of
differentiation is a decision made by the community in an attempt to
balance simplicity and ease of administration against a desire to have the
most equitable process possible.
3.1 Collect infrastructure information and data for each prospective
service (e.g., parks, trails and open space, schools and
transportation).
❑ Meet with directors of each department and discuss data
availability
❑ Compile information for review by staff steering committee
and department participants
❑ Compare current infrastructure standards with planned
expansions and capital improvement project list
3.2 Collect data on current land use patterns in Fountain Hills,
including the acreage and square footage of different types of uses
and the numbers and types of housing units.
3.3 Evaluate any existing projections or development trends,
including population projections, which indicate current direction
-`GA/ BBC Research & Consulting I-3
Town of Fountain Hills Proposed Scope of Work
of Town development in terms of physical locale and types of land
use development.
3.4 Based on the above information, generate calculations
documenting current development in the community and forecast of
future development over the next 20 years.
TASK 3 PRODUCT.
Summary Working Paper That Includes ...
• Draft sections on each infrastructure category detailing service
standards
• Documentation of current land uses
• Analysis of current infrastructure deficiencies and future
infrastructure needs
• Projections of future development by type of land use
3.5 Staff steering committee meeting to review Tasks 2 and 3
workproduct and direction of next tasks.
Task 4: Calculation of Preliminary Development Fees
4.1 Calculate preliminary fees (technical analysis).
❑ Quantify capital costs (data from Task 3)
• Open space/trails • General Government
• Libraries • Schools
• Police/sheriff services • Parks
• Roads • Public buildings
❑ Quantify unit costs (data from Task 3 to derive $/unit or
$/sq.ft.)
❑ Determine land to development conversion ratios
❑ Calculate revenue credits (bonded indebtedness)
❑ Prepare fee schedules and spreadsheets
❑ Define benefit areas
❑ Develop preliminary fee schedule
4.2 Develop a plan for implementation and administration of
proposed fees in consultation with Town staff.
4.3 Prepare working paper and presentation.
L
/ BBC Research & Consulting I-4
Town of Fountain Hills Proposed Scope of Work
TASK 4 PRODUCT.
Working Paper That Includes ...
• Spreadsheets summarizing capital cost projections
• Comparison of costs with funds expected to be available
• Re-examination of cost attribution (expansion vs. replacement)
• Review of alternative costing methodologies (pros vs. cons)
— Cost recovery basis (embedded/historical cost)
— Projected costs basis (marginal costs)
• Preliminary fee assessment
• Description of proposed fee implementation and administration
systems
• Remaining issues
4.4 Staff steering committee meeting and Town Council work
session to review Task 4 workproduct.
Task 5: Development Fee System Final Design and Documentation
5.1 Finalize development fees.
❑ Review and finalize fees
❑ Review and finalize the fee implementation and administration
recommendations
❑ Develop a comparison of recommended fees with those in
otherTr nt ange unicipalities
❑ Draft and Final reports _ /Yit}nt`'PA' 620,411
❑ Review with staff steering committee
TASK 5 PRODUCT.
Final Paper That Includes ...
• 15 copies of a final report, which incorporates findings from all of
the preceding analyses with additions and revisions as suggested
by the steering committee..
• Report will detail specific conclusions and recommendations.
5.2 Development of impact fee ordinance.
❑ Provide Town Attorney with examples of model impact fee
ordinances from other jurisdictions
❑ Work closely with staff and Town Attorney to develop impact
fee ordinance
• Assessment basis
• System of credits (as appropriate)
5.3 Town Council presentation.
/ BBC Research & Consulting I-5
II. PROJECT TEAM - BACKGROUND,
QUALIFICATIONS AND REFERENCES
This section is in response to sub-sections 5-B and 5-D of the Request for
Proposals (RFP). It provides brief descriptions of RGA and BBC, a listing
of five comparable projects performed by the project team, references for
each of these five comparable projects and resumes of personnel who
would work on this project. In addition, a list of other relevant work
performed by RGA or BBC is provided.
In response to subsection 5-D(5) of the RFP, RGA and BBC have
reviewed the Town's insurance requirements and intend to comply with
them if selected for the project. Proof of insurance can be provided upon
request. This engagement would not result in a conflict of interest for any
personnel employed by RGA or BBC. If selected for this project,
RGA/BBC would be prepared to begin work immediately.
A. PROJECT TEAM ORGANIZATION
To complete this project for the Town RGA has once again joined with
Exhibit 1 BBC Research& Consulting. This
Project Team , , team has successfully completed
Organization Town Council 4 numerous other projects including
a recent police, fire, parks and
streets impact fee study for Salt
Town Project Lake City, Utah. RGA will be
Manager _ responsible for overall project
completion with BBC serving as a
Rick Giardina, CPA subconsultant with specific
Project Manager L technical responsibilities relating to
interpretation and allocation of the
Town's projected capital
Financial
Technical Team Team improvement needs fee calculation,
and draft ordinance. Exhibit 1
Tom Pippin Rick Giardina, CPA
Jim Carpenter Thom Pitt= depicts the proposed project team
organization.
Rick Giardina, CPA Project Manager
The Project Manager will have overall responsibility for this engagement.
This responsibility includes overseeing the technical conduct of the
project, commitment of appropriate resources, review of formal
deliverables, and the quality control necessary to meet the high standards
/ BBC Research & Consulting II-1
Town of Fountain Hills Project Team—Background,
Qualifications and References
of RGA, and the Town. Rick Giardina, the President of RGA, will serve
as the Project Manager for this engagement. He will also lead all technical
aspects of the study and participate in presentations and meetings with
Town staff and Board members. He served in this capacity for the
RGA/BBC impact fee study completed for Salt Lake City (1999) and the
utility impact fee study completed in 1998. He also served in this capacity
for the financial feasibility analysis associated with the Town's proposed
acquisition of Chaparral City Water Company (1998-1999). Other
relevant impact fee studies include:
❑ Phoenix, AZ ❑ Aurora, CO
❑ Gilbert, AZ U Boulder, CO
❑ Chandler, AZ ❑ Honolulu, HI
Mr. Giardina is a well-recognized national authority on utility financial
planning and rate design. He has worked on over 100 water cost of
service and rate structures, primarily in the west and southwest. Much of
his experience is in the area of financial planning, and the development of
impact fees. He has over 20 years of experience in the analysis and
review of accounting and financial data for various types of municipal
operations including regulated utilities and energy-related concerns. He
has also prepared and presented expert witness testimony before state
utility commissions and in litigation matters, and has served as an
arbitrator regarding wholesale service arrangements.
He is a member of the Rates and Charges and the Private Sector Financing
subcommittees of the American Water Works Association, and was chair
of a working group that re-wrote the M29 - Water Utility Capital
Financing manual. He is also a member of the Water Environment
Federation Financing and Charges Task Force, and served on the
Technical Review Committee for an EPA sponsored study examining
public-private partnership opportunities for small sewer treatment
providers.
Tom Pippin Lead Consultant
Mr. Pippin, a Managing Director of BBC Research and Consulting, has been
with the firm since 1990. He conducts public policy and socioeconomic
research with an emphasis on public finance, housing, and community and
economic development issues. He also advises municipalities on the fiscal
impacts of development. Mr. Pippin was awarded a Barbara Jordan Merit
Fellowship to the LBJ School of Public Affairs. He has spoken to a variety of
industry groups including the Rocky Mountain Land Use Institute, American
Planning Association and Colorado Government Finance Officers
Association. From 1997 to 1999, Pippin was appointed to three consecutive
L
'RC
,A Research & Consulting II-2
Town of Fountain Hills Project Team—Background,
Qualifications and References
one-year terms as a"Public Private Initiatives Judge" on Colorado Governor
Roy Romer's Smart Growth Awards Panel.
Tom has worked with Rick Giardina on recent impact fee studies for the cities
of Chandler, Gilbert and Salt Lake City.
B. RICK GIARDINA & ASSOCIATES, INC.
RGA was established in 1995 to provide environmental consulting
services of the highest quality to public and private sector clients.
Specifically, we have expertise in environmental finance, strategy,
engineering, resource conservation, and related areas. We believe that we
bring a unique combination of skills and experience to help our clients
address their most important issues. As a consulting philosophy, RGA
maintains the practice of providing senior level assistance to our clients.
While, as necessary, we utilize staff support for specific data gathering
and analysis functions, it is not our practice to leverage our senior people
with large teams of junior level consultants. Instead, we provide skills,
experience, and maturity gained through many years of consulting
experience to best meet our clients' needs.
At the outset, it is important to underscore two points regarding RGA's
qualifications to perform this study:
❑ RGA is a highly experienced management and financial consulting
firm with extensive credentials and technical skills in the areas of
governmental utility accounting, cost accounting, and indirect cost
allocation. Our rate and impact fee studies are recognized by elected
officials, top government managers, and the public as having been
prepared by a high-quality firm.
Cl While RGA has had experience with public and private
organizations in many fields of business and government enterprise,
we are especially attuned to the dramatic growth and critical
problems of the water, wastewater, and solid waste utility industry.
We are recognized as leaders in the field of municipal utility
financial planning, as evidenced by our leadership on key industry
association committees and our growing list of major municipal
utilities whom we serve.
RGA is headquartered in Denver, Colorado. Our personnel have assisted
over 300 government utilities in providing financial, pricing, and
management consulting services in over 40 states in the U.S., Canada, the
United Kingdom, and Central America.
/BBC Research & Consulting II-3
Town of Fountain Hills Project Team—Background,
Qualifications and References
,,, Our experience in the municipal industry spans a broad spectrum of
financial, pricing, management, and accounting services. Specifically, our
assistance includes:
❑ Economic Analysis
- Cost of Service and Rate Analysis
- Economic Feasibility Analysis
- System Development/Impact Fee Studies
- Capital Financial Planning and Forecasting
- Extension Policy Review
❑ Privatization
- Feasibility Analysis
- Analysis of Service Delivery Options
- Assistance in the Managed Competition Process
- Request for Proposal Preparation
- Financial Planning and Assistance
U Management and Organizational Studies
- Organizational Structure Review
- Management Audits
- Policies and Procedures Review
- Operating Practices Review
❑ Special Assistance
- Litigation Support
- Industrial Pretreatment Studies
- Meter Reading Productivity Studies
- Rate Filing and Reporting
- Indirect Cost Analysis
1. References
Listed below are references for several projects which included the
determination of water impact fees. We encourage the Town to contact
these utilities regarding our capabilities.
Salt Lake City Public Utilities,UT—Utility Management Audit, Various
Related Rate and Financial Planning Studies and General Fund and Utility
Impact Fee Study
Contact: Ms. Anne Wescott-Gerber—Assistant Deputy Director, Budget and
Policy
(801) 535-6295
Contact: Mr. Jim Lewis—Public Utilities Finance Administrator
1530 South West Temple
Salt Lake City, UT 84115
(801)483-6773
&A/BBC Research & Consulting I1-4
Town of Fountain Hills Project Team—Background,
Qualifications and References
El Paso Water Utilities-Public Service Board,TX—Water and Sewer Rate
and Impact Fee Study
Contact: Mr.Nick Costanzo—Finance Officer
1154 Hawkins Blvd.
El Paso, TX 79961-0001
(915) 594-5624
City of Chandler,AZ—General Fund, Water, Sewer and Solid Waste Impact
Fee Study and Update
Contact: Ms. Pat Walker—Management Services Director
(480)786-2252
Contact: Mr. Pat McDermott—Assistant City Manager
(480)782-2210
25 South Arizona Place
Chandler, Arizona 85225
Town of Gilbert,AZ—Water, Sewer and Solid Waste Impact Fee Study
Contact: Mr. Marc Anderson—Finance Director
Municipal Center
1025 S. Gilbert Road
Gilbert, Arizona 85296
(480) 545-6850
2. Comparable Projects
The RGA/BBC team, or one of its members, has completed the following
comparable impact fee studies.
❑ Salt Lake City, Utah
Consistent with the requirements of Utah legislation, RGA/BBC
developed an impact fee system for the City that covered the costs of
needed park and recreation, fire, police and street infrastructure. The
project team worked closely with the City in identifying appropriate
infrastructure costs to be recovered by the fees and in designing an
equitable fee structure. In addition to designing the fee structure,
RGA/BBC worked closely with City staff in the development of an
impact fee ordinance. Fees were adopted by Council and scheduled
to be effective June 1, 2000.
❑ City of Chandler, Arizona
RGA/BBC conducted a comprehensive review of the City of
Chandler's building fee structure to determine if growth paid its own
way. Subsequently, we designed an impact fee system for long-term
infrastructure expansion in the following categories: streets,
recreation, parks, libraries, and general government facilities.
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Town of Fountain Hills Project Team—Background,
Qualifications and References
❑ Town of Gilbert, Arizona
RGA/BBC designed impact fees for police, fire, parks and
recreation, general government and traffic signals.
❑ City of Loveland, Colorado
BBC's work in fiscal impact analysis for the Town of Loveland was
recognized nationwide. BBC's cost recovery system developed for
the City of Loveland was awarded first place by the American
Planning Association as the year's most innovative new planning
tool in the United States. BBC recently updated the original cost
recovery system and examined the option of developing fees for golf
course expansion.
❑ Town of Parker
BBC developed a comprehensive impact fee system for the Town of
Parker, Colorado that included streets, parks, police and general
government facilities.
3. Related Experience
This section presents a summary of the qualifications of RGA to complete
this study.
In the following pages we have provided a representative sample of
experience in the development of impact fees for local government
agencies.
❑ Town of Gilbert, Arizona
For the Town of Gilbert, Arizona, we were engaged to review and
update System Development Fees for water and wastewater
operations. The overall objective of this project included:
- Recommending development fees and charges which more
equitably recover water and wastewater capital costs; and
- Designing a schedule of Utility System Development Fees based
on the calculated unit cost and recognizing "demand" differences
between customer types and classes.
❑ City of Chandler,Arizona
For the City of Chandler, Arizona, we were engaged to review and
update System Development Fees for water, wastewater, and solid
waste operations and analyze the cost associated with water and
wastewater extensions. The overall objective of this project
included:
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,A/BBC Research & Consulting II-6
Town of Fountain Hills Project Team—Background,
Qualifications and References
- Recommending development fees and charges which more
equitably recover water, wastewater, and solid waste capital
costs;
- Designing a schedule of Utility System Development Fees for
the five-year study period; and
- Evaluating current developer paid extension or "buy-in" charges
for water and wastewater service and recommending new
charges and/or procedures for the assessment, collection and
refunding of such charges.
❑ City of Phoenix, Arizona
RGA assisted the City of Phoenix, Arizona in the determination of a
proposed water resources acquisition/impact fee. The scope of this
analysis was to 1) determine the fee using the most appropriate
calculation methodology and 2) in conjunction with a team of
attorneys, provide an assessment of the legal and policy issues
surrounding the adoption of such a fee. The City anticipates
expending a total of over $400,000,000 (1989 dollars) during the
next fifty years to secure adequate water resources in meeting
anticipated growth. This amount excludes the costs of treating and
distributing that water. A recommendation was made to adopt fees
that varied among the City's three major service areas, each of which
has distinctly different water resource needs and projected growth
patterns. We worked closely with the City and a variety of internal
and external organizations to successfully implement the
recommended fee structure.
❑ Salt Lake City Corporation, Utah
RGA, was engaged to review the existing development fees for the
water, sanitary sewer and storm drainage utilities to determine if the
fees meet the requirements of the Utah Impact Fee Act. Preparation
of the required analysis of the utility fees in accordance with Section
11-36 will be included as well as a determination of potential impact
fees that might be charged by the City. The City is also considering
changes to the sewer rate structure to include a wastewater strength
cost component. The project will include preparing an analysis and
identification of alternative methods of accomplishing this objective.
We were subsequently retained by the City Council to develop
impact fees for general fund activities including: police, fire, parks
and streets.
❑ Salt Lake City Corporation, Utah
For the City Council of Salt Lake City, Utah, RGA assisted the City
Low Council in developing financial policies, and leading a discussion
—�A/BBC Research & Consulting II-7
Town of Fountain Hills Project Team—Background,
Qualifications and References
regarding pay-as-you-go versus debt financing for capital projects,
4111, and in providing a detailed analysis of a bonding proposal. This
work included general fund activities as well as water, sewer and
storm drainage operations. He analyzed such issues as alternative
financing vehicles (including impact fees) and customer/taxpayer
impact analysis.
❑ Ogden City, Utah
As a subconsultant RGA was engaged to complete an impact fee
study for the City. The City's existing fees were reviewed for
compliance to the Utah Impact Fees Act; fee areas included storm
sewer, water, transportation, parks and wastewater. Maximum
allowable fees in each of these areas were determined and a survey
completed of fees charged by neighboring communities.
❑ Honolulu Board of Water Supply
RGA conducted an engagement to complete a comprehensive rate
and financial planning study for the Honolulu Board of Water
Supply. As part of the study, we developed several alternative rate
methodologies that addressed the pricing objectives of the
community. These included the development of impact fees by
functional area (e.g., supply, treatment). A major interest to the
client was the consideration of a conservation pricing structure
which included an increasing unit charge for increasing amounts of
water consumed. Impact fees were also developed as part of this
project.
❑ City of Aurora, Colorado
We assisted the City of Aurora, Colorado, in conducting a water,
wastewater and stormwater rate and financial study. Both user
charges and impact fees were examined during this study.
Automated financial plans and cash flow statements were developed
for each utility and further segregated into operation and system
development. This was necessary to recognize the City's objective
relating to growth paying its share. During this study we also
examined several alternatives for determining appropriate transfers
from the City's utility operations to the General Fund.
Our recent work with the City included updates to the utility
financial planning models as well as the preparation of
recommended financial policies.
❑ City of Thornton, Colorado
We conducted a water and wastewater financial plan and
development fee study for the City of Thornton. This plan, covering
A/BBC Research & Consulting II-8
Town of Fountain Hills Project Team—Background,
Qualifications and References
a fifty-year horizon from the date of completion, provided the City
with revenue and expense projections for both the water and sewer
funds, including debt service coverage, cash position and fund
balance information. The plan encompassed the results of our
review of miscellaneous or specific service charges, environmental
compliance fee analysis and development fees. The deliverable from
this effort was a spreadsheet, financial planning model reflective of
rates, fees and charges ready for implementation by the City. The
user charges calculated by the model will be based on the City's
current philosophy and policies relating to the establishment of rates.
Recommendations for development fees was given to the City using
the evaluation of alternative calculation and assessment
methodologies. The deliverable was a technical memorandum
describing the results of our review of the current and alternative
methodologies for determining and assessing development fees. Our
deliverable also included a spreadsheet model of the current
approach with refinements agreed to by the City based on our
technical review.
❑ City of Broomfield, Colorado
For the City of Broomfield, Colorado we were engaged to conduct a
comprehensive utility financial planning and system development
fee study. The utility financial plan, covering a five-year horizon,
will provide the City with revenue and expense projections for the
City's water, sewer and reclaimed water funds, including debt
service coverage, cash position and fund balance information. The
plan will encompass the results of a CIP review, miscellaneous or
specific service charge analysis, and system development fees.
System Development Fees are one-time fees for new or expanded
service demands placed on the utility systems (water, sewer,
reclaimed water and potentially storm water). Charges will be
designed to approximate the capital cost of serving a new customer.
Evaluation of alternative calculation and assessment methodologies
will be included in this area.
The project will also include an evaluation of alternative water
pricing structures designed to achieve the goals and objectives
of the City. These will include rate and revenue stability, equity and
conservation.
D City of Littleton, Colorado
For the City of Littleton, Colorado, we conducted a sewer service
charge and tap or impact fee study for retail and wholesale service
(to special district). A ten-year financial plan was developed
,A/BBC Research & Consulting II-9
Town of Fountain Hills Project Team—Background,
Qualifications and References
Lir containing recommendations for sewer service charge and tap fee
adjustments. The City jointly owns a 39 mgd treatment facility
facing a significant capacity addition in the next 5 to 10 years.
Currently nearly 60% of all flows relate to special districts served by
the City. Historic and projected growth has been and will continue
to occur in the special district areas. Accordingly, the financial plan
and associated cost analysis was designed to recognize costs
associated with treatment and collection services provided to in-city
customers and treatment-only services for out of city, district
customers.
❑ El Paso Water Utilities-Public Service Board, Texas
We conducted a long-term water and sewer rate and financial
planning study for the El Paso Water Utilities-Public Service Board.
The Board's service area has one of the lowest per capita income
levels of any major metropolitan city. Additionally, its location in
the desert southwest has created numerous supply and operational
problems during periods of peak water demand.
The purpose of this study was to evaluate a number of pricing
alternatives including the Board's inverted residential block structure
and excess-use approach for non-residential customers. The selected
kir rate structure - excess use for all customers - was designed to
balance both of the previously mentioned concerns. Demand
reductions were projected based on price elasticity estimates so that
when considered within the spectrum of a comprehensive water
conservation program, per capita usage would decrease from 200 to
160 gallons per day by the year 2000.
RGA subsequently assisted the Board in the development of outside
city retail and wholesale user charge, and worked with the Board and
an appointed Citizen Capital Improvements Advisory Committee to
develop a Water Supply Fee (impact or system development fee for
the cost of new water resources).
❑ City of San Jose, California
Our personnel conducted a water service impact fee and rate study
for the City of San Jose, California. The objective of the project was
to conduct a customer class cost of service study using a
conservation rate approach and to develop impact fees to recover
costs associated with major facilities required to serve new
development in the City's service area. We also developed a
methodology for determining amounts to be transferred annually to
the City's General Fund. A microcomputer rate and financial
planning model was developed in order to project rates over a five-
.A/BBC Research & Consulting II-10
Town of Fountain Hills Project Team—Background,
Qualifications and References
year time frame. Public input on both the user charges and impact
fees was considered when developing our final recommendations.
❑ City of Santa Rosa, California
We conducted a cost of service and rate design study for the City's
water and wastewater utilities. This project included the
development of water rates for a five-year period and wastewater
rates for a twenty-year period. Additionally, we evaluated the City's
existing methodology for developing demand fees for both utilities
and calculate the appropriate fee for the study period. This in-depth
analysis was accomplished through development of an automated
rate model which will be used by the City to conduct updates. Rates
adopted by the City reflected a conservation feature which was
strongly supported by the community. During this study we also
evaluated the potential for a"life-line" rate structure to assist low
income water users.
❑ City of Boulder, Colorado
We conducted a water and wastewater rate study for the City of
Boulder, Colorado. The project scope included the examination of a
number of traditional and innovative conservation pricing
methodologies with key consideration of the City's philosophy of
"growth paying for growth." This philosophy required our
consultant team to evaluate alternative methodologies for developing
user charges and plant investment or tap fees. Alternative impact
scenarios were made possible with the development of an automated
rate model which not only developed specific rates using a variety of
approaches but also produced cash flow and bond analysis
schedules. We were subsequently retained by the City to complete
rate updates for the water and sewer utilities, develop a rate (user
charges and impact fees) and financial plan for the City's stormwater
utility, and provide a variety of related services.
C. BBC RESEARCH & CONSULTING
BBC Research & Consulting (BBC) is a consulting firm providing
economic, financial, market, policy research and strategic planning
services to business and governmental interests nationwide. An S-
corporation, BBC is owned by its seven directors. The firm has gross
revenues of between $3 million and $5 million annually. The firm's
experience has been concentrated in the following sectors:
❑ State and Local Governments ❑ Real Estate
❑ Finance ❑ Sports and Recreation
Low ❑ Natural Resources
,A/BBC Research & Consulting II-11
Town of Fountain Hills Project Team—Background,
Qualifications and References
Since its founding in 1970, BBC has successfully undertaken and
completed more than 3,500 consulting assignments on a wide range of
subjects.
BBC emphasizes results-oriented services to meet the changing needs of
clients. The firm provides the following types of services:
❑ strategic planning ❑ financial feasibility studies
❑ quality enhancement ❑ market analysis
Cl organizational design ❑ rate design/pricing analysis
❑ negotiation support ❑ policy analysis
BBC's staff of 22 includes management consultants, economists, financial
experts, market analysts, planners, and statisticians.
1. References
Town of Parker
Contact: Ms. Kathleen Morse—Finance Director
20120 East Main Street
Parker, CO 80134
(303) 841-0353
City of Loveland
Contact: Ms. Debra L. Pearson—Senior City Planner
500 East Third Street
Loveland, CO 80537
(970)962-2607
Salt Lake City Public Utilities, UT
Contact: Ms. Anne Wescott-Gerber—Assistant Deputy Director, Budget and
Policy
1530 South West Temple
Salt Lake City, UT 84115
(801) 535-6295
2. Related Experience
In addition to the five projects described earlier(see Comparable
Projects), the RGA/BBC team or one of its members have participated in
impact fee studies for the following jurisdictions. References for any of
these projects can be provided upon request.
❑ City of Black Hawk, Colorado
BBC recently completed an impact fee design effort for the
City of Black Hawk, Colorado. Black Hawk required
,A/BBC Research & Consulting II-12
Town of Fountain Hills Project Team—Background,
Qualifications and References
innovative new methodologies because all growth is related
to gaming and hotel development.
❑ Town of Bennett, Colorado
For the rapidly growing Town of Bennett near Denver
International Airport, BBC has helped developed fire and
school impact fees to offset the infrastructure cost related to
new development.
❑ Strasburg Fire Protection District, Colorado
BBC worked with the District to evaluate its existing
infrastructure and financial tools, to design impact fees that
are sufficient for the funding of necessary infrastructure and
to assist in the implementation of those fees.
❑ City of Boulder, Colorado
BBC completed a service cost recovery study for the City of
Boulder, Colorado. This research effort was designed to
assess the costs and benefits of municipal growth and
develop an equitable fee system for cost recovery. The
system received national recognition as one of the most
effective and well-documented systems of its type in the
nation.
❑ Mission Viejo Company, Colorado
For this national real estate development company, BBC
evaluated the scope and economic consequences of a wide
range of impact fees throughout Douglas County on both
residential and commercial raw land sales.
❑ Crested Butte Mountain Resort, Colorado
For the owner/operator of the town's major ski resort, BBC
critiqued the Town of Mount Crested Butte's impact fee
methodology and documented ways the fee structure could
be modified to better reflect the special characteristics of a
resort community with a large seasonal population.
❑ Denver Urban Drainage and Flood Control District,
Colorado
BBC worked with the U.S. Army, private property owners,
three municipalities, and two counties to create a system of
exaction fees for major drainage improvements near the new
Denver International Airport. In addition, costs were
allocated to each of the governmental entities.
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Town of Fountain Hills Project Team—Background,
Qualifications and References
D. KEY PERSONNEL
Rick Giardina of RGA would manage the project with assistance provided
by his staff. Tom Pippin, a Director of BBC, would oversee BBC's
portion of the project and would be assisted by Jim Carpenter, an
Associate at BBC. Resumes for Rick Giardina, Tom Pippin and Jim
Carpenter are attached.
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Richard D. Giardina President
L
Professional History: Representative Project Experience:
• Rick Giardina& Mr. Giardina has been involved in over 200 environmental
Associates, Inc. projects serving both the private and public sector. His experience
• Raftelis Environmental spans numerous technical areas and industries. A representative
Consulting Group sample of his relevant impact fee experience follows. He has also
• Ernst& Young completed over 150 rate and financial planning studies for
• Stone& Webster
• Colorado Public Utilities municipal water and wastewater providers.
Commission
• Project Director for the Town of equitably recover water,
Technical Specialties: Gilbert, Arizona, to review and wastewater, and solid waste
update System Development capital costs;
• Utility Cost of Service and Fees for water and wastewater - Designing a schedule of
Rate Structure Studies operations. The overall Utility System Development
• Litigation Support objective of this project Charges for the five-year
• Economic Feasibility included: study period; and
Analysis - Recommending development - Evaluating developer paid
• Privatization Feasibility and fees and charges which more extension or"buy-in"charges
Implementation Studies equitably recover water and for water and wastewater
• System Development wastewater capital costs; and service and recommending
Charge Studies - Designing a schedule of new charges and/or
• Management and Utility System Development procedures for the assessment,
Operational Audits Fees based on the calculated collection and refunding of
• Policies and Procedures unit cost and recognizing such charges.
Review "demand"differences between
• Operating Practices Review customer types and classes. • Technical Advisor on an
• Mergers and Acquisitions engagement for the City of
• Valuation Services We were also retained to Phoenix, Arizona in the
• Rate Filing and Reporting complete a comprehensive determination of a proposed
utility (water, sewer and solid water resources acquisition fee.
Professional waste)rate and financial The scope of this analysis was to
Registrations: planning study for the Town. 1)determine the fee using the
most appropriate calculation
• Certified Public Accountant • Project Director for the City of methodology and 2)in
Chandler, Arizona, in reviewing conjunction with a team of
Education: and updating System attorneys, provide an assessment
Development Charges for water, of the legal and policy issues
wastewater and solid waste surrounding the adoption of such
• BA Business operations and in analyzing the a fee. The City anticipates
Administration, Western cost associated with water and expending a total of over
State College wastewater extensions. The $400,000,000 during the next
overall objective of this project fifty years to secure adequate
included: water resources in meeting
- Recommending development anticipated growth. This amount
fees and charges which more excludes the costs of treating and
_`,A/BBC Research & Consulting II-15
Richard D. Giardina President
Instructor/Lecturer/ distributing that water. A customers. One-time capital
Panelist: recommendation was made to fees were developed and
adopt fees that varied among the recommended to the Board for
• American Bar Association City's three major service areas, consideration. These fees will
• American Water Works each of which has distinctly reflected the requirements of the
Association different water resource needs Texas state legislation including
• Canadian Water and and projected growth patterns. the requirements for public
Wastewater Association We worked closely with the hearings and use of a Citizens
• Colorado Hazardous Waste City and a variety of internal Advisory Committee.
Management Society and external organizations to
• CONSERV successfully implement the • Project Director on an
• Government Finance recommended fee structure. engagement to conduct a
Officers Association comprehensive rate and
• National Association of • For the El Paso Water Utilities financial planning study for the
Regulatory Utility Public Service Board, Mr. Honolulu Board of Water
Commissioners Giardina served as Project Supply. As part of the study, we
• National Water Resources Manager on a study to complete developed several alternative
Association a Water Supply Impact Fee rate methodologies that
• Water Environment Study. One of the most addressed the pricing objectives
Federation significant problems facing the of the community. These
El Paso area relates to water included the development of
Professional Affiliations: supply. Traditionally ground impact fees by functional area
water has been the primary (e.g., supply,treatment). A
• American Water Works source of raw water but due to major interest to the client was
Association concerns about both the quantity the consideration of a
• Rates and Charges and quality of long term supplies conservation pricing structure
Subcommittee a greater emphasis will be which included an increasing
• Private Sector Financing placed on surface water sources. unit charge for increasing
Subcommittee of the As one means of equitably amounts of water consumed.
Construction Admin. recovering the cost of acquiring
Committee new water resources the Board In addition, we completed a
• Competitive Practices sought to develop an impact or study for the Board to examine
Committee water supply fee. During the the relationship between impact
• Water Environment course of this study we(in fees, user charges and
Federation association with an engineering conservation pricing and
• Financing and Charges firm)defined the service develop a recommended rate and
Task Force components to be included in the financial plan. This was
• American Institute of fee, developed projections of completed with the development
Certified Public population and associated water and use of an automated rate,
Accountants demands, and prepared a capital financial planning, and customer
• Rocky Mountain Section improvement program impact model.
AWWA/WEF and Arizona containing the water resource
Water& Pollution Control projects necessary to meet the • Project Director, Salt Lake City
Association incremental demand from new Corporation, Utah to conduct an
impact fee study for police, fire,
parks and street operations.
IIMP
_=A/BBC Research & Consulting II-16
Thomas A. Pippin Director
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Mr. Pippin, a Managing Director of BBC Research and Consulting, has been with the firm since
1990. He conducts public policy and socioeconomic research with an emphasis on public finance,
housing, and community and economic development issues. He also advises municipalities on the
fiscal impacts of development. Mr. Pippin was awarded a Barbara Jordan Merit Fellowship to the
LBJ School of Public Affairs. He has spoken to a variety of industry groups including the Rocky
Mountain Land Use Institute, American Planning Association and Colorado Government Finance
Officers Association. From 1997 to 1999, Pippin was appointed to three consecutive one-year terms
as a"Public Private Initiatives Judge" on Colorado Governor Roy Romer's Smart Growth Awards
Panel.
Relevant Project Experience:
• For the City of Gilbert, Arizona, calculated Arapahoe County through an
impact fees for public safety and parks and intergovernmental agreement.
recreation. Facilitated meetings with citizens
and developers to discuss proposed fees. • For the City of Black Hawk, Colorado,
designed police and fire impact fees. Fees
• For the City of Chandler, Arizona, designed were designed to mesh with surplus gaming
impact fees for streets, public facilities, device revenue which was escrowed for
libraries, police, fire and parks and recreation. growth-related capital improvements.
Updated fees two years later to reflect
changes in infrastructure value and debt • For the City of Thornton, Colorado,reviewed
service. building community's opinions of off-site
exactions mandated in the subdivision
• For the Town of Parker, Colorado, regulations.
determined impact fees for streets, parks and
recreation, police and government buildings. • For a coalition of contiguous local
Periodically conducts special, project-specific governments, critiqued the Orange County,
impact fee analyses for distinctive land uses California Regional Airport Authority's plans
such as driving ranges, nurseries and to finance airport expansion-related
churches. infrastructure with impact fees.
• For Mission Viejo Corporation,the master
• For the City of Loveland, designed developer of Highlands Ranch, Colorado,
comprehensive impact fees in support of the assessed the feasibility of Douglas County
city's new Adequate Community Facilities imposing impact fees to pay for Highlands
ordinance. Represented findings at multiple Ranch-related infrastructure.
public hearings and development community
workshops. • For the Denver Urban Drainage and Flood
Control District, evaluated the feasibility of
• For both the Bennett and Strasburg using multi jurisdictional impact fees to pay
(Colorado)Fire Protection Districts, for$70 million of infrastructure designed to
calculated impact fees for fire and emergency contain contaminated groundwater on the
services. Suggested a way for both districts to Rocky Mountain Arsenal.
structure fee collections with Adams and
&A I BBC Research & Consulting II-23
Thomas A. Pippin Director
• For the Bennett(Colorado)Rural School urban renewal area. Suggested a
District, assisted in the calculation of school reimbursement mechanism whereby the
impact fees designed to pay for the Authority could hold the city harmless from
construction of new school facilities to serve new growth.
growth stemming from Bennett's proximity to
Denver International Airport. • For the City of Salt Lake City, Utah, assisted
in the preparation of impact fees for streets,
• For the Edgewater Urban Renewal Authority, public safety and parks and recreation.
calculated impact fees for police and fire Presented research findings to City Council.
facilities supporting development within the
Education:
M.P.Aff., Lyndon B. Johnson School of Public Affairs, The University of Texas at Austin, 1990,
Highest Honors.
B.A., Political Science/Economics, Trinity University, 1988, Summa Cum Laude.
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A/ BBC Research & Consulting II-24
James L. Carpenter
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Mr. Carpenter joined BBC Research & Consulting in 1999. He specializes in public policy and
real estate finance projects, including fiscal impact analysis, housing and development studies,
and impact fee analysis for public and private sector clients.
Before coming to BBC, Mr. Carpenter worked in the Finance Office of the City and County of
Denver. He holds a Masters in Public Policy from the John F. Kennedy School of Government
at Harvard University and was a Phi Beta Kappa graduate of the University of California at
Berkeley.
Relevant Project Experience:
• Assisted in the development of a model to the City would collect sufficient revenue to pay
calculate impact fees for new development in for necessary services.
Salt Lake City, Utah. The model was designed
to reflect existing Utah legislation and to • Conducted a fiscal impact study for a developer
develop fees that were sufficient to recover the in Longmont, Colorado. Costs and benefits(to
cost of infrastructure associated with new the City of Longmont)of a variety of road
development. construction options were developed and
compared.
• Worked with the City of Cherry Hills Village,
Colorado to assess whether the City should • Developed a fiscal impact model for a proposed
withdraw from a Park and Recreation District. development in Elbert County, Colorado that
Analysis focused on the likely fiscal impacts on assessed net revenues to the County from the
the City and the District and enumerated other project.
considerations the City should take into account
in making its decision. • Performed a fiscal impact analysis for a
proposed development in Teton County, Idaho.
• Advised the City and County of Denver, The analysis included an examination of the
Colorado in designing a plan for infrastructure County budget, interviews with key County
development on the site of the former Stapleton personnel and a review of the proposed
Airport. Consulting services focused on development plan.
designing a plan that provided adequate
financing for infrastructure while ensuring that
Education:
M.P.P., John F. Kennedy School of Government, Harvard University, 1998
B.S., History, University of California at Berkeley, 1993, Phi Beta Kappa
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A/ BBC Research & Consulting II-25
III. NOT-TO-EXCEED COST PROPOSAL
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This section responds to sub-section 5-C of the Request for Proposals
(RFP). It contains a spreadsheet which details proposed costs by task and
type of fee. A summary of these costs is outlined in the table below.
Please note that the cost for developing all fees as a package is
significantly less than the sum of the costs of each individual fee. This is
largely due to fixed costs, such as travel time, that will be incurred
regardless of the number of fees pursued. If the Town of Fountain Hills
were to request development of a package of fees that included only some
of the fees outlined here, RGA/BBC would be willing to develop a budget
that reflected savings from developing multiple fees simultaneously.
The costs in the table below are not-to-exceed costs that are inclusive of
all expenses. RGA/BBC will invoice the project on an hourly rate and all
savings will accrue to the City if the total hours billed amount to less than
the agreed upon cost of the project.
Table III-1
Not-to-Exceed Costs by Phase and Type of Fee
LType of Fee Cost or Open Space/Trails $10,000
Libraries 10,000
Police/Sheriff 12,000
Roads 12,000
General Government 10,000
Schools 12,000
Parks 10,000
Public Buildings 10.000
Total (sum of individual fees) $86,000
Total (if pursued as a package) $70,000
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IV. PROPOSED SCHEDULE
cy
This section responds to subsection 5-F of the RFP. It outlines the
proposed timeline for completion of the workscope from Section I for all
fee areas. Under this schedule, all tasks outlined in the workscope would
be completed within three months of project initiation. It should be noted
that timely completion of tasks will depend in large part on the availability
of City officials and the prompt delivery of requested documents.
Preliminary Project Schedule
MONTH
Tasks 1 2 3
1. Proj. Initiation
2. Analysis of Current Conditions,
Current Financing Systems, tr i
Infrastructure Requirements and New * • i
System Options fillIV
3. Evaluation of Fountain Hills
Infrastructure Service Standards and
Analysis of Current and Future Land
Use 1
} 3 I .' ❑
4. Calculation of Preliminary
Development Fees - • •
5. Development Fee System Final € ' , '❑
Design and Documentation . ,va
• Working Paper
Staff Steering Committee/Town Council Meeting
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A/ BBC Research & Consulting IV-1
V. RECENT WORK PRODUCT
This section responds to subsection 5-F of the RFP. Included is a recent
report drafted by RGA/BBC in the development of an impact fee system
for Salt Lake City, Utah. Fees developed as part of this study addressed
infrastructure demands for streets, parks, police and fire.
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�/ BBC Research & Consulting V-1
Law Offices Of
William E. Farrell, P.L.L.C.
Tel(480)661-6044 William E.Farrell
Suite 220
Fax(480)661-7454 10135 E.Via Linda
Scottsdale,AZ 85258-5312
MEMORANDUM
TO: Mayor and Council
Town Manager
Town Clerk
FROM: William E. Farre Rea
Town Attorney ►''11''��
DATE: June 1, 2000
RE: Agenda Item.16 f
Town Manager Contact
STAFF REPORT
,,,. Attached to this memorandum is the proposed new form of employment agreement between
the Town of Fountain Hills and its Town Manager, Mr. Paul Nordin. It is the opinion of the Town
Attorney's office that an employment agreement with the Town Manager needs to be ratified at the
first meeting of each new council. The council seated this evening has a political life of two years
and therefore the contract attached thereto is to be effective June 1, 2000 and will continue into
existence until a new council is sworn in and seated on the first Thursday of June in the year 2002.
The contract sets for the obligations and responsibilities of the Town and the Manager and
establishes annual compensation. You have been provided with a detailed and confidential
memorandum regarding the issues of the contract and the salary.
As always, I will be more than happy to answer any questions you may have regarding this
matter and respectfully request that the council look with favorable consideration upon a motion to
authorize the Mayor to sign the employment agreement on behalf of the Town
Respectfully submitted,
v
William E. Farrell
Town Attorney
thiw
Z:\WPDATA\FH\StaffReportMEM.wpd
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NEW
EMPLOYMENT AGREEMENT
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THIS AGREEMENT made this 1st day of June, 2000, by and between the Common
Council of the Town of Fountain Hills,Arizona,hereinafter called"Council", First Party; and Paul
L. Nordin,hereinafter called"Nordin", Second Party,replacing the Employment Agreement dated
July 2, 1998.
WHEREAS, Nordin desires to continue his employment as Town Manager of Fountain
Hills, Arizona, under the terms and conditions outlined herein,
NOW THEREFORE, in consideration of the mutual covenants, promises and payments
hereinafter set forth, it is agreed between the parties as follows:
1. The Council hereby continues the employment of Nordin as Town Manager to
perform the functions and duties specified in the applicable Arizona Statutes, including but not
limited to A.R.S. § 9-303, and Section 3-1-1 of the Code of the Town of Fountain Hills, Arizona,
and such other reasonable functions and duties as the Council may direct.
2. Nordin hereby agrees to perform said duties to the best of his professional and
personal ability.
3. Nothing in this agreement shall prevent, limit or otherwise interfere with the right
of the Council to terminate the services of Nordin at any time without cause, subject only to the
monetary provisions set forth in Section seven (7) of this agreement.
4. Nothing in this agreement shall prevent, limit or otherwise interfere with the right
of Nordin to resign at any time from his position with the Council subject only to the notice
provisions set forth in Section eight (8) of this agreement.
Employment Agreement - Page 1 of 4
5. Nordin agrees to remain in the exclusive employ of the Council until June 6, 2002,
and neither to accept other employment nor to become employed by any other employer until said
termination date, unless said termination date is affected as hereinafter provided. The term
"employed" shall not be construed to include occasional teaching, writing, consulting and related
activities for compensation performed outside Nordin's normal work hours.
6. Nordin agrees to remain in the exclusive employ of the Council after June 6, 2002
and Council agrees that it will meet within sixty(60)days following June 6, 2002 for the purposes
of negotiating a new employment agreement for its two year political life. Nordin and Council agree
and understand that during the period beginning on June 6, 2002 and continuing until a new
employment agreement is executed that the provisions of Paragraph 7 are not binding upon either
party and that there is no provision for severance in Chapter 3,Article 3-1 of the Town Code of the
Town of Fountain Hills.
7. In the event of termination by the Council before the expiration of the term of this
agreement,the Council shall pay to Nordin in addition to regular pay and expenses owing to Nordin
as of the date of termination, a lump sum cash payment equal to six (6) months pay. Termination
as used herein shall mean discharge or dismissal by the Council or a resignation following a request
or a suggestion, whether formal or informal, by a majority of the Council and without a statement
of cause. Nordin and Council further agree and understand that a termination for cause pursuant to
the provisions of Town Code Section 3-1-1.E.would not entitle Nordin to the termination provisions
of this agreement.
8. In the event Nordin voluntarily resigns his position with the Town before expiration
of the aforesaid term of his employment, Nordin shall give the Council sixty (60) days notice in
advance, unless the parties otherwise agree.
Employment Agreement - Page 2 of 4
9. Nordin's compensation for his services rendered pursuant hereto shall be an annual
,,. base salary of$97,370 payable bi-weekly effective June 5,2000. The Council agrees to execute all
necessary documents provided to the Council by the International City Management Association-
Retirement Corporation(ICMA-RC) for the Town's participation in the ICMA-RC retirement plan
and to match Nordin's contributions to that plan in an equal amount up to nine and one half percent
(9V2 %) of Nordin's salary.
10. The Council shall review and evaluate the performance of Nordin at least once
annually in advance of any consideration of salary adjustment. The structure and timing of such
review and evaluation of Nordin shall be determined by the Council.
11. The Council agrees to budget and pay for the professional dues and subscriptions of
Nordin as the Council deems necessary or desirable for his continuation and participation in
national, regional, state and local associations and organizations necessary for his continued
professional participation, growth and advancement, and for the good of the Town.
12. The Council agrees to budget and to pay for the travel and subsistence expenses of
Nordin to annually attend the National Conference of the International City Management
Association and other short courses, institutes, seminars and conferences as the Council deems
appropriate and that are necessary for his professional development and for the good of the Town.
13. Nordin's duties require that he shall have the use during his employment with the
Town, of an automobile provided to him by the Town. The Town shall be responsible for paying
for liability, property damage and comprehensive insurance and for the purchase, operation,
maintenance, repair and regular replacement of said automobile.
14. Nordin shall be entitled to all other employment benefits provided for employees of
the Town which are not specifically mentioned herein, including, but not limited to, vacation, sick
Employment Agreement - Page 3 of 4
leave, health insurance, and participation in an Employees Retirement System. It is recognized by
the Council that Nordin must devote the time necessary to perform his duties involving both normal
office hours and time outside these hours. The taking of personal time off should be in line with this
premise and rests with the discretion of Nordin.
15. The text herein shall constitute the entire agreement between the parties. This
agreement shall be binding upon the parties.
IN WITNESS WHEREOF,the Town ofFountain Hills,Arizona,has caused this agreement
to be signed and executed in its behalf by its Mayor, and duly attested by its Town Clerk, and
Nordin has signed and executed this agreement, in duplicate, the day, month and year first above
written.
Sharon Morgan, Mayor
ATTEST:
Cassie B. Hansen, Town Clerk
Paul L. Nordin, Town Manager
Employment Agreement - Page 4 of 4
MEMORANDUM
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Date: May 26, 2000
To: Mayor and Council
Town of Fountain Hills
From: Scott W. Ruby, Bond Counsel
Subject: Resolution No. 2000-25
The Town intends to finance the costs of constructing the Community Center
Library and Museum from available cash, through a lease-purchase transaction and through the
sale of General Obligation Bonds. As you recall, the Town was given authority to sell $3,700,000
of General Obligation Bonds for the purpose of constructing the library and museum and
providing furnishings, including books, for that facility. Resolution No. 2000-20 was the first of
two resolutions that was adopted by the Council in connection with the sale of the General
Obligation Bonds. Resolution No. 2000-20 invited bids for the purchase of the bonds to be
received on June 1, 2000. Resolution No. 2000-25 authorizes the issuance and sale of the bonds
and awards the sale of the General Obligation Bonds to the lowest bidder in accordance with the
bids received. It is anticipated that the lease-purchase transaction will be presented to Council
later in June.
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SWR:gmh 349748 5/26/00
EXHIBIT A
(Face of Bond)
TOWN OF FOUNTAIN HILLS,ARIZONA
GENERAL OBLIGATION BOND
PROJECT OF 1999 SERIES B (2000)
Number: Denomination:
Interest Maturity Original
Rate Date Dated Date CUSIP:
June 1, 2000
Registered Owner:
Principal Amount:
THE TOWN OF FOUNTAIN HILLS, ARIZONA, for value received, hereby
promises to pay to the registered owner identified above, or registered assigns as provided herein,
on the maturity date set forth above, the principal amount set forth above, and to pay interest on
the unpaid principal amount at the interest rate shown above.
Certain bonds of the series of which this bond is one are subject to call for
redemption prior to maturity in accordance with the terms set forth on the reverse of this bond.
Interest is payable on July 1 and January 1 of each year commencing January 1,
2001, and will accrue from the most recent date to which interest has been paid, or, if no interest
has been paid, from the original dated date set forth above. Interest will be computed on the basis
of a year comprised of 360 days consisting of twelve (12) months having thirty (30) days each.
Principal, interest and any premium are payable in lawful money of the United
States of America. Interest will be paid by check payable to the order of and mailed when due to
the registered owner at the address shown on the registration books maintained by the registrar at
the close of business on the record date as explained on the reverse hereof. The principal will be
paid when due to the registered owner upon surrender of this bond for payment at the designated
office of the paying agent, which on the original issue date is the corporate trust office of
Payment of interest and, if adequate terms of surrender of such bonds are made
with the Paying Agent, principal and premium, if any, may be paid by wire transfer on any bonds
held by a securities depository or to the owner of at least $1,000,000 principal amount of bonds
outstanding, by wire transfer to an account of such owner located within the United States of
SWR:gmh 344791 5/26/00 A-1
America, if such owner provides a written request to the Paying Agent at least twenty (20) days
prior to an interest payment date, which request shall specify the wire transfer instructions.
See the reverse side of this bond for additional provisions.
It is hereby certified and recited that all conditions, acts and things required by the
Constitution and laws of the State of Arizona to exist, to occur and to be performed precedent to
and in the issuance of this bond exist, have occurred and have been performed and that the series
of bonds of which this is one, together with all other indebtedness of the Town, is within every
debt and other limit prescribed by the Constitution and laws of the State of Arizona, and that due
provision has been made for the levy and collection of a direct, annual, ad valorem tax upon all of
the taxable property in the Town for the payment of this bond and of the interest hereon as each
becomes due.
The Town has caused this bond to be executed by its Mayor and attested by its
Clerk, which signatures may be manual or by facsimile signatures. This bond is not valid or
binding upon the Town without the manually affixed signature of an authorized representative of
the registrar.
TOWN OF FOUNTAIN HILLS,ARIZONA
fir Mayor
ATTEST:
Clerk
(SEAL)
DATE OF AUTHENTICATION AND REGISTRATION:
AUTHENTICATION CERTIFICATE
This bond is one of the Town of Fountain Hills, Arizona, General Obligation
Bonds, Project of 1999, Series B (2000), described in the resolution mentioned on the reverse
hereof.
as Registrar
By
Authorized Representative
SWR:gmh 344791 5/26/00 A-2
(Form of Reverse Side of Bond)
This bond is one of a series of bonds in the aggregate principal amount of
$3,700,000 of like tenor except as to amount, maturity date, redemption provisions, rate of interest
and number, issued by the Town to provide funds to make those certain acquisitions and public
improvements approved by a majority vote of qualified electors voting at elections duly called and
held in and for the Town, pursuant to a resolution of the Mayor and Council of the Town duly
adopted prior to the issuance hereof and pursuant to the Constitution and laws of the State of
Arizona relative to the issuance and sale of general obligation bonds, and all amendments thereto,
and all other laws of the State of Arizona thereunto enabling.
For the punctual payment of this bond and the interest hereon and for the levy and
collection of ad valorem taxes sufficient for that purpose, the full faith and credit of the Town are
hereby irrevocably pledged.
Bonds maturing on or before July 1, 2008, are not subject to call for redemption
prior to maturity. Bonds maturing on or after July 1, 2009, are subject to call for redemption prior
to maturity, at the option of the Town, in whole or in part, on July 1, 2008, or on any interest
payment date thereafter, by the payment of a redemption price equal to the principal amount of
each bond called for redemption plus interest accrued to the date fixed for redemption plus a
premium (calculated as a percentage of the principal amount of the bonds to be redeemed) to be
computed as follows:
Redemption Dates Premium
July 1, 2008 2.0%
January 1, 2009 1.5%
July 1, 2009 1.0%
January 1, 2010 0.5%
July 1, 2010 and thereafter without premium.
Notice of redemption of any bond will be mailed to the registered owner of the
bond or bonds being redeemed at the address shown on the bond register maintained by the
registrar not more than sixty (60) nor less than thirty (30) days prior to the date set for redemption.
Failure to properly give notice of redemption shall not affect the redemption of any bond for
which notice was properly given.
This bond is transferable by the registered owner in person or by attorney duly
authorized in writing at the designated office of the registrar upon surrender and cancellation of
this bond, but only in the manner and subject to the limitation and upon payment of the charges
provided in the authorizing resolution. Upon such transfer a new bond or bonds of the same
aggregate principal amount, maturity and interest rate will be issued to the transferee in exchange.
The registrar may require an owner, among other things, to furnish appropriate endorsements and
transfer documents and to pay any taxes and fees required by law or permitted by the authorizing
resolution. The Town has chosen the fifteenth day of the month preceding an interest payment
date as the record date for this series of bonds. Should this bond be submitted to the registrar for
transfer during the period commencing after the close of business on the record date and
�r continuing to and including the next subsequent interest payment date, ownership will be
transferred in the normal manner but the interest payment will be made payable to and mailed to
SWR:gmh 344791 5/26/00 A-3
the registered owner as shown on the registrar's books at the close of business on the record date.
The registrar may be changed at any time by the Town.
The registrar may but need not register the transfer of a bond which has been
selected for redemption and need not register the transfer of any bond for a period of fifteen (15)
days before a selection of bonds to be redeemed. If the transfer of any bond which has been called
or selected for call for redemption in whole or in part is registered, any notice of redemption which
has been given to the transferor will be binding upon the transferee and a copy of the notice of
redemption will be delivered to the transferee along with the bond or bonds.
Bonds of this series are issuable only in fully registered form in the denomination
of$5,000 each or integral multiples of$5,000.
The Town, the registrar and the paying agent may treat the registered owner of this
bond as the absolute owner for the purpose of receiving principal, interest and any premium and
for all other purposes and none of them shall be affected by any notice to the contrary.
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM-as tenants in common UNIF GIFT/TRANS MIN ACT- Custodian
TEN ENT-as tenants by the entireties (Cust) (Minor)
JT TEN-as joint tenants with right of survivorship under Uniform Gifts/Transfers to Minors Act
and not as tenants in common (State)
Additional abbreviations may also be used though not in list above
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells,assigns and transfers unto
(Name and Address of Transferee)
the within bond and all rights thereunder,and hereby irrevocably constitutes and appoints
,attorney to transfer the within bond on the books kept for registration thereof,
with full power of substitution in the premises.
Dated
Note: The signature(s) on this assignment must correspond with
the name(s)as written on the face of the within registered bond in
every particular without alteration or enlargement or any change
whatsoever.
Signature Guaranteed:
The signature(s)should be guaranteed by an eligible
guarantor institution pursuant to SEC Rule 17Ad-15
ALL FEES AND TRANSFER COSTS SHALL BE PAID BY THE TRANSFEROR
SWR:gmh 344791 5/26/00 A-4
RESOLUTION NO. 2000-25
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,700,000
AGGREGATE PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS,
PROJECT OF 1999, SERIES B (2000); PROVIDING FOR THE ANNUAL LEVY OF A
TAX FOR THE PAYMENT OF THE BONDS; ACCEPTING A PROPOSAL FOR THE
PURCHASE OF THE BONDS; APPROVING THE FORM AND AUTHORIZING THE
EXECUTION OF AN AGREEMENT FOR THE SERVICES OF A BOND REGISTRAR,
TRANSFER AGENT AND PAYING AGENT; DEEMING THE PRELIMINARY
OFFICIAL STATEMENT FINAL FOR PURPOSES OF SECURITIES AND EXCHANGE
COMMISSION RULE 15C2-12; AUTHORIZING THE PREPARATION AND
DISTRIBUTION OF A FINAL OFFICIAL STATEMENT IN CONNECTION WITH THE
ISSUANCE AND SALE OF THE BONDS HEREIN AUTHORIZED; RATIFYING THE
ACTIONS OF TOWN OFFICERS AND AGENTS CONCERNING THE BONDS; AUTHO-
RIZING THE EXECUTION OF A CONTINUING DISCLOSURE UNDERTAKING;
PROVIDING CERTAIN TERMS, COVENANTS AND PROVISIONS REGARDING THE
BONDS; AND DECLARING AN EMERGENCY.
WHEREAS, pursuant to a special bond election held in and for the Town of
Fountain Hills, Arizona (the "Town"), on May 18, 1999, the issuance of General Obligation Bonds
has been approved; and
WHEREAS, the Town now desires to issue and sell $3,700,000 of its General
Obligation Bonds, Project of 1999, Series B (2000) (the "Bonds"), for the purposes and according
lbw to the terms as set forth in this resolution; and
WHEREAS, all acts, conditions and things required by the Constitution and laws
of the State of Arizona to happen, exist and be performed precedent to and in the adoption of this
resolution have happened, exist and have been performed as so required in order to make this
resolution a valid and binding instrument for the security of the Bonds authorized herein;
NOW, THEREFORE, IT IS RESOLVED BY THE MAYOR AND COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA,AS FOLLOWS:
Section 1. Authorization. For the purpose of providing funds to make certain
of the library and museum improvements authorized by the qualified electors of the Town at the
special bond election held on May 18, 1999, there is hereby authorized to be issued and sold
$3,700,000 aggregate principal amount of the Bonds. Bond proceeds will be used to complete the
improvements approved in Question 1 on the May 18, 1999 ballot for library and museum
improvements.
Section 2. Terms. The Bonds hereby authorized to be issued shall be
designated Town of Fountain Hills, Arizona General Obligation Bonds, Project of 1999, Series B
(2000). The Bonds shall be dated as of June 1, 2000 and will bear interest from the most recent
January 1 or July 1 to which interest has been paid, or in the case of the interest due January 1,
2001, from their original dated date, to the maturity of each of the Bonds. The first interest
payment date will be January 1, 2001, and interest shall be payable semiannually thereafter on
SWR:gmh 344785 6/1/00
each succeeding July 1 and January 1 during the term of the Bonds. The Bonds will be in the
denomination of $5,000 each or integral multiples thereof and will be in fully registered form.
The Bonds will mature on July 1 in the years and amounts and shall bear interest at the rates as
follows:
Maturity Maturity
Date Principal Interest Date Principal Interest
(July 1) Amount Rate (July 1) Amount Rate
2001 $ 150,000 7.00% 2008 $ 275,000 5.25%
2002 200,000 7.10% 2009 275,000 5.25%
2003 200,000 7.10% 2010 300,000 5.30%
2004 200,000 5.50% 2011 325,000 5.40%
2005 225,000 5.10% 2012 325,000 5.50%
2006 250,000 5.15% 2013 350,000 5.50%
2007 250,000 5.20% 2014 375,000 5.50%
The principal of and premium, if any, on the Bonds shall be payable, when due,
upon surrender of such Bond, at the designated corporate trust office of the Registrar and Paying
Agent (as hereinafter defined). Interest on the Bonds shall be payable by check, dated as of the
interest payment date, mailed at or prior to each interest payment date to the registered owner
thereof as shown on the registration books for the Bonds maintained by the Registrar at the
address appearing therein at the close of business on the fifteenth day of a calendar month
preceding an interest payment date (the "Record Date"). Upon written request made at least
Cy. twenty (20) days prior to an interest payment date by a registered owner of at least $1,000,000 in
principal amount of Bonds outstanding or on any Bonds held by a securities depository, all
payments of interest and, if adequate provision for surrender is made, principal and premium, if
any, shall be paid by wire transfer in immediately available funds to an account within the United
States of America designated by such registered owner.
The Bonds have such additional terms and provisions as are set forth in the form of
Bond attached hereto as,Exhibit A, which is a part of this resolution.
Section 3. Prior Redemption.
A. Redemption. Bonds maturing on or before July 1, 2008, are not subject to
call for redemption prior to maturity. Bonds maturing on or after July 1, 2009, are subject to call
for redemption prior to maturity, at the option of the Town, in whole or in part, on July 1, 2008, or
on any interest payment date thereafter by the payment of a redemption price equal to the principal
amount of each Bond called for redemption plus accrued interest to the date fixed for redemption
plus a premium payable from any sources lawfully available therefor, the premium (calculated as a
percentage of the principal amount of such Bonds to be redeemed)to be computed as follows:
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Redemption Dates Premium
July 1, 2008 2.0%
January 1, 2009 1.5%
July 1, 2009 1.0%
January 1, 2010 0.5%
July 1, 2010, and thereafter without premium.
B. Notice. Notice of redemption of any Bond will be mailed by first class
mail, postage prepaid, to the registered owner thereof at the address shown on the books of the
Registrar not more than sixty (60) nor less than thirty (30) days prior to the date set for redemp-
tion. Failure to properly give notice of redemption shall not affect the redemption of any Bond for
which notice was properly given.
C. Effect of Call for Redemption. On the date designated for redemption by
notice given as herein provided, the Bonds so called for redemption shall become and be due and
payable at the redemption price provided for redemption of such Bonds on such date, and, if
moneys for payment of the redemption price are held in separate accounts by the Paying Agent,
interest on such Bonds or portions of Bonds so called for redemption shall cease to accrue, such
Bonds shall cease to be entitled to any benefit or security hereunder and the owners of such Bonds
shall have no rights in respect thereof except to receive payment of the redemption price thereof
and such Bonds shall be deemed paid and no longer outstanding.
D. Redemption of Less Than All of a Bond. The Town may redeem an amount
which is included in a Bond in the denomination in excess of, but divisible by, $5,000. In that
lbw event, the registered owner shall submit the Bond for partial redemption and the Paying Agent
shall make such partial payment and the Registrar shall cause to be issued a new Bond in a
principal amount which reflects the redemption so made to be authenticated and delivered to the
registered owner thereof.
Section 4, Security. For the purpose of paying the principal of, interest and
premium (if any) on early redemption and costs of administration of the registration and payment •
of the Bonds there shall be levied on all the taxable property in the Town a continuing, direct,
annual, ad valorem tax sufficient to pay all such principal, interest, premium and administration
costs on the Bonds as the same becomes due, such taxes to be levied, assessed and collected at the
same time and in the same manner as other taxes are levied, assessed and collected. The proceeds
of the taxes shall be kept in a special fund and shall be used only for the purpose for which
collected.
Section 5. Form of Bonds. The Bonds shall be in substantially the form of
Exhibit A, attached hereto and incorporated by reference herein, with such necessary and
appropriate omissions, insertions and variations as are permitted or required hereby and are
approved by those officers executing the Bonds and execution thereof by such officers shall
constitute conclusive evidence of such approval.
The Bonds may have notations, legends or endorsements required by law, securities
16r exchange rule or usage. Each Bond shall be dated the date of its authentication and registration.
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Section 6. Use of Proceeds. The proceeds from the sale of the Bonds shall be
set aside and deposited by the Accounting Supervisor into a separate account and used for the
library and museum improvement purposes set forth in Question 1 on the ballot. These Bonds will
be charged against the Town's 6% debt limit (Article 9, Section 8, Arizona Constitution). The
moneys for this purpose as stated above shall be applied and used solely for such purpose.
Section 7. Execution of Bonds. The Bonds shall be executed for and on behalf
of the Town by the Mayor and attested by the Town Clerk by their manual or facsimile signatures
and the Town seal will be either photographically, mechanically reproduced or manually
imprinted or affixed on the Bonds. If the signatures are affixed or imprinted by facsimile, the
Mayor and Town Clerk shall execute a certificate adopting as their signatures the facsimile
signatures appearing on the Bonds.
If an officer whose signature is on a Bond no longer holds that office at the time the
Bond is authenticated and registered, the Bond shall nevertheless be valid.
A Bond shall not be valid or binding until authenticated by the manual signature of
an authorized officer of the Registrar. The signature shall be conclusive evidence that the Bond
has been authenticated and issued under this resolution.
Section 8. Mutilated. Lost or Destroyed Bonds. In case any Bond becomes
mutilated or destroyed or lost, the Town shall cause to be executed and delivered a new Bond of
like date and tenor in exchange and substitution for and upon the cancellation of such mutilated
Bond or in lieu of and in substitution for such Bond destroyed or lost, upon the registered owner's
paying the reasonable expenses and charges of the Town in connection therewith and, in the case
of the Bond destroyed or lost, filing with the Town Clerk by the registered owner evidence
satisfactory to the Town that such Bond was destroyed or lost, and furnishing the Town with a
sufficient indemnity bond pursuant to § 47-8405, Arizona Revised Statutes.
Section 9. Acceptance of Final Bid. The bid of U.S. Bancorp Piper Jaffray(the
"Purchaser"), which is on file with the Town Clerk, is hereby accepted as the lowest and best bid
and the Bonds are hereby ordered sold to such Purchaser in accordance with the terms of such bid
and the terms and conditions of the Notice Inviting Proposals for the Purchase of Bonds.
The Accounting Supervisor is hereby authorized and directed to cause the Bonds to
be delivered to or upon the order of the Purchaser upon receipt of payment therefor and
satisfaction of the other conditions for delivery thereof in accordance with the terms of the sale.
Section 10. Registrar and Paying Agent. The Town will maintain an office or
agency where Bonds may be presented for registration of transfer (the "Registrar") and an office
or agency where Bonds may be presented for payment (the "Paying Agent"). The Town may
appoint one or more co-registrars or one or more additional Paying Agents. The Registrar and
Paying Agent may make reasonable rules and set reasonable requirements for their respective
functions with respect to the owners of the Bonds.
Initially, National Bank of Arizona will act as, and is hereby designated as, the
Registrar and Paying Agent with respect to the Bonds. Any entity into which the Registrar and
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Paying Agent is merged or consolidated shall continue as the Registrar and Paying Agent
hereunder without notice to the owners of Bonds or any further action by the Town. The Town
may change the Registrar or Paying Agent without notice to or consent of owners of the Bonds
and the Town may act in any such capacity.
The contract for Registrar's services is hereby approved in substantially the form on
file with the Town Clerk to provide for payment of Registrar's services. The Mayor or Accounting
Supervisor is hereby authorized and directed to execute the contract with the Registrar.
Each Paying Agent will be required to agree in writing that the Paying Agent will
hold in trust for the benefit of the owners of the Bonds all moneys held by the Paying Agent for
the payment of principal of and interest and any premium on the Bonds.
The Registrar may appoint an authenticating agent acceptable to the Town to
authenticate Bonds. An authenticating agent may authenticate Bonds whenever the Registrar may
do so. Each reference in this resolution to authentication by the Registrar includes authentication
by an authenticating agent acting on behalf and in the name of the Registrar and subject to the
Registrar's direction.
The Registrar shall keep a register of the Bonds, the registered owners of the Bonds
and of transfer of the Bonds. When Bonds are presented to the Registrar or a co-registrar with a
request to register transfer, the Registrar will register the transfer on the registration books if its
requirements for transfer are met and will authenticate and deliver one or more Bonds registered in
the name of the transferee of the same principal amount, maturity and rate of interest as the
surrendered Bonds. Bonds presented to the Registrar for transfer after the close of business on the
Record Date and before the close of business on the next subsequent interest payment date will be
registered in the name of the transferee but the interest payment will be made to the registered
owners shown on the books of the Registrar as of the close of business on the Record Date.
The Registrar shall authenticate Bonds for original issue up to $3,700,000 in
aggregate principal amount upon the written request of the Accounting Supervisor. The aggregate
principal amount of Bonds outstanding at any time may not exceed that amount except for
replacement Bonds as to which the requirements of the Registrar and the Town are met.
Section 11. Official Statement. The Preliminary Official Statement dated
May 19, 2000 (the "Preliminary Official Statement"), pertaining to the original issuance of the
Bonds in the form now on file with the Town Clerk is approved as a "deemed final" official
statement (excepting permitted omissions), by the Town as of its date for purposes of Securities
and Exchange Commission Rule 15c2-12 (the "Disclosure Rule"). Either the Mayor or the
Accounting Supervisor is hereby authorized to certify or represent that the Official Statement is
"final" for purposes of the Disclosure Rule. Such approval of the Preliminary Official Statement
by either the Mayor or Accounting Supervisor shall constitute the approval and designation by the
Town of the Preliminary Official Statement as a deemed final Official Statement for all purposes
of the Disclosure Rule. The preparation, completion, use and distribution of the Preliminary
Official Statement in connection with the offer and sale of the Bonds is hereby ratified and
approved. Either the Mayor or Accounting Supervisor is authorized on the Town's behalf to
complete a final official statement to be dated on or about the date hereof, and in substantially the
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•
form of the Preliminary Official Statement (the "Final Official Statement"). (The Preliminary
Official Statement and the Final Official Statement are collectively referred to herein as the
,,, "Official Statement") The Final Official Statement shall contain such modifications, changes and
supplements as either the Mayor or Accounting Supervisor shall approve or authorize as necessary
to make true and accurate the information contained therein. Either the Mayor or Accounting
Supervisor is hereby authorized to execute and deliver to the Purchaser the Final Official
Statement.
Either the Mayor or Accounting Supervisor is further authorized to use and
distribute, or authorize the use and distribution of, the Final Official Statement and supplements
thereto concerning the original issuance of the Bonds as may in the Mayor's or Accounting
Supervisor's judgment be necessary or appropriate.
The Mayor, Town Clerk or Accounting Supervisor is also authorized to sign and
deliver, on the Town's behalf and in their official capacities, such certificates concerning the
accuracy of the Final Official Statement and any amendment thereto as may, in their judgment, be
necessary or appropriate.
Section 12. Continuing Disclosure Undertaking. In order to comply with the
provisions of the Disclosure Rule, the Accounting Supervisor is hereby authorized and directed to
prepare, execute and deliver on behalf of the Town a written undertaking or agreement for the
benefit of the owners of the Bonds. The written undertaking or agreement shall contain such
terms and provisions as are necessary to comply with the Disclosure Rule including, but not
limited to, an agreement to provide both annual financial information (and audited financial
statements, when available) and material events disclosure to nationally recognized municipal
securities information repositories.
Section 13. Rebate Fund: Rebate Payments. The Mayor and the Council
hereby authorize the Accounting Supervisor or any agent thereof to create a separate fund to be
known as the Rebate Fund. Into such fund shall be deposited any and all moneys deemed
necessary to remain in compliance with the provisions of Section 148 of the Internal Revenue
Code of 1986, as amended (the "Code"), or any regulations promulgated thereunder. Moneys in
such fund shall be segregated or (if authorized in writing by an opinion of bond counsel)
commingled with other moneys of the Town. The Accounting Supervisor is ordered and directed
to employ or engage one or more arbitrage rebate consultants to calculate annually any necessary
rebate amount to be paid to the United States of America. The Accounting Supervisor is
authorized and directed to pay any amounts necessary to the United States, as arbitrage rebate(s).
Section 14. Resolution a Contract. This resolution shall constitute a contract
between the Town and the registered owners of the Bonds and shall not be repealed or amended in
any manner which would impair, impede or lessen the rights of the registered owners of the Bonds
then outstanding.
Section 15. Severability. If any section, paragraph, subdivision, sentence, clause
or phrase of this resolution is for any reason held to be illegal or unenforceable, such decision will
(6., not affect the validity of the remaining portions of this resolution. The Mayor and Council hereby
declare that the Town would have adopted this resolution and each and every other section,
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paragraph, subdivision, sentence, clause or phrase hereof and authorized the issuance of the Bonds
(0. pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions,
sentences, clauses or phrases of this resolution may be held illegal, invalid or unenforceable.
Section 16. Ratification of Actions. All actions of the officers and agents of the
Town which conform to the purposes and intent of this resolution and which further the issuance
and sale of the Bonds as contemplated by this resolution whether heretofore or hereafter taken
shall be and are hereby ratified, confirmed and approved. Any change made in the Notice Inviting
Proposals for the Purchase of Bonds which do not conform to the prior order of this Mayor and
Council are hereby ratified. The proper officers and agents of the Town are hereby authorized and
directed to do all such acts and things and to execute and deliver all such documents on behalf of
the Town as may be necessary to carry out the terms and intent of this resolution.
Section 17. Qualified Tax-Exempt Obligations. The Town hereby designates the
Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended (the "Code"). The Mayor or the Accounting Supervisor will
certify in the closing certificates that it is reasonably anticipated that the aggregate amount of
qualified tax-exempt obligations (as defined in Section 265 (b)(3)(B) of the Code which will be
issued for or by the Town in calendar year 2000 will not exceed$10,000,000.
Section 18. Tax Covenants. In consideration of the purchase and acceptance of
the Bonds by the owners thereof and, as authorized by Arizona Revised Statutes, Title 35, Chapter
3, Article 7, and in consideration of retaining the exclusion of interest income on the Bonds from
gross income for federal income tax purposes, the Town covenants with the owners from time to
time of the Bonds to neither take nor fail to take any action which action or failure to act is within
its power and authority and would result in interest on the Bonds become subject to federal
income taxes.
The Town agrees that it will comply with such requirements as in the opinion of
Gust Rosenfeld P.L.C. ("bond counsel") are necessary to prevent interest on the Bonds becoming
subject to inclusion in gross income for federal income tax purposes. Such requirements may
include but are not limited to making further specific covenants; making truthful certifications and
representations and giving necessary assurances; complying with all representations, covenants
and assurances contained in certificates or agreements to be prepared by bond counsel; to pay to
the United States of America any required amounts representing rebates of arbitrage profits
relating to the Bonds; filing forms, statements and supporting documents as may be required under
the federal tax laws; limiting the term of and yield on investments made with moneys relating to
the Bonds; and limiting the use of the proceeds of the Bonds and property financed thereby.
Section 19. Emergency Clause. The immediate operation of the provisions
hereof is necessary for the preservation of the public peace, health and safety and an emergency is
hereby declared to exist, and this resolution will be in full force and effect from and after its
passage by the Mayor and Council and it is hereby excepted from the referendum provisions of the
Constitution.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain
Hills,Arizona, on June 1, 2000.
ayor
ATTEST:
Cti.44.4 )].4-A4-1//...)
Town Clerk
APPROVED AS TO FORM:
4srrG €
Bond Co el
EXHIBIT A: Bond Form
CERTIFICATION
I, Cassie Hansen, the duly appointed and acting Clerk of the Town of Fountain
Hills, Arizona, do hereby certify that the above and foregoing Resolution No. 2000-25 was duly
passed by the Town Council of the Town of Fountain Hills, Arizona, at a regular meeting held on
June 1, 2000, and the vote was 7 aye's and O nay's and that the Mayor and LP Council
Members were present thereat.
DATED: June 1, 2000.
C#114-42,--qO( 4 (J
Town Clerk
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EXHIBIT A
(lior (Face of Bond)
TOWN OF FOUNTAIN HILLS,ARIZONA
GENERAL OBLIGATION BOND
PROJECT OF 1999 SERIES B (2000)
Number: Denomination:
Interest Maturity Original
Rate Date Dated Date CUSIP:
June 1, 2000
Registered Owner:
Principal Amount:
THE TOWN OF FOUNTAIN HILLS, ARIZONA, for value received, hereby
promises to pay to the registered owner identified above, or registered assigns as provided herein,
on the maturity date set forth above, the principal amount set forth above, and to pay interest on
the unpaid principal amount at the interest rate shown above.
Certain bonds of the series of which this bond is one are subject to call for
redemption prior to maturity in accordance with the terms set forth on the reverse of this bond.
Interest is payable on July 1 and January 1 of each year commencing January 1,
2001, and will accrue from the most recent date to which interest has been paid, or, if no interest
has been paid, from the original dated date set forth above. Interest will be computed on the basis
of a year comprised of 360 days consisting of twelve (12)months having thirty(30) days each.
Principal, interest and any premium are payable in lawful money of the United
States of America. Interest will be paid by check payable to the order of and mailed when due to
the registered owner at the address shown on the registration books maintained by the registrar at
the close of business on the record date as explained on the reverse hereof. The principal will be
paid when due to the registered owner upon surrender of this bond for payment at the designated
office of the paying agent, which on the original issue date is the corporate trust office of National
Bank of Arizona.
Payment of interest and, if adequate terms of surrender of such bonds are made
with the Paying Agent, principal and premium, if any, may be paid by wire transfer on any bonds
held by a securities depository or to the owner of at least $1,000,000 principal amount of bonds
�r outstanding, by wire transfer to an account of such owner located within the United States of
SWR:gmh 344791 5/31/00 A-1
America, if such owner provides a written request to the Paying Agent at least twenty (20) days
prior to an interest payment date,which request shall specify the wire transfer instructions.
kor
See the reverse side of this bond for additional provisions.
It is hereby certified and recited that all conditions, acts and things required by the
Constitution and laws of the State of Arizona to exist, to occur and to be performed precedent to
and in the issuance of this bond exist, have occurred and have been performed and that the series
of bonds of which this is one, together with all other indebtedness of the Town, is within every
debt and other limit prescribed by the Constitution and laws of the State of Arizona, and that due
provision has been made for the levy and collection of a direct, annual, ad valorem tax upon all of
the taxable property in the Town for the payment of this bond and of the interest hereon as each
becomes due.
The Town has caused this bond to be executed by its Mayor and attested by its
Clerk, which signatures may be manual or by facsimile signatures. This bond is not valid or
binding upon the Town without the manually affixed signature of an authorized representative of
the registrar.
TOWN OF FOUNTAIN HILLS,ARIZONA
Mayor
ATTEST:
Clerk
(SEAL)
DATE OF AUTHENTICATION AND REGISTRATION:
AUTHENTICATION CERTIFICATE
This bond is one of the Town of Fountain Hills, Arizona, General Obligation
Bonds, Project of 1999, Series B (2000), described in the resolution mentioned on the reverse
hereof.
NATIONAL BANK OF ARIZONA,
as Registrar
By
Authorized Representative
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(Form of Reverse Side of Bond)
,,,. This bond is one of a series of bonds in the aggregate principal amount of
$3,700,000 of like tenor except as to amount, maturity date, redemption provisions, rate of interest
and number, issued by the Town to provide funds to make those certain acquisitions and public
improvements approved by a majority vote of qualified electors voting at elections duly called and
held in and for the Town, pursuant to a resolution of the Mayor and Council of the Town duly
adopted prior to the issuance hereof and pursuant to the Constitution and laws of the State of
Arizona relative to the issuance and sale of general obligation bonds, and all amendments thereto,
and all other laws of the State of Arizona thereunto enabling.
For the punctual payment of this bond and the interest hereon and for the levy and
collection of ad valorem taxes sufficient for that purpose, the full faith and credit of the Town are
hereby irrevocably pledged.
Bonds maturing on or before July 1, 2008, are not subject to call for redemption
prior to maturity. Bonds maturing on or after July 1, 2009, are subject to call for redemption prior
to maturity, at the option of the Town, in whole or in part, on July 1, 2008, or on any interest
payment date thereafter, by the payment of a redemption price equal to the principal amount of
each bond called for redemption plus interest accrued to the date fixed for redemption plus a
premium (calculated as a percentage of the principal amount of the bonds to be redeemed) to be
computed as follows:
filur Redemption Dates Premium
July 1,2008 2.0%
January 1, 2009 1.5%
July 1,2009 1.0%
January 1,2010 0.5%
July 1, 2010 and thereafter without premium.
Notice of redemption of any bond will be mailed to the registered owner of the
bond or bonds being redeemed at the address shown on the bond register maintained by the
registrar not more than sixty (60)nor less than thirty(30) days prior to the date set for redemption.
Failure to properly give notice of redemption shall not affect the redemption of any bond for
which notice was properly given.
This bond is transferable by the registered owner in person or by attorney duly
authorized in writing at the designated office of the registrar upon surrender and cancellation of
this bond, but only in the manner and subject to the limitation and upon payment of the charges
provided in the authorizing resolution. Upon such transfer a new bond or bonds of the same
aggregate principal amount, maturity and interest rate will be issued to the transferee in exchange.
The registrar may require an owner, among other things, to furnish appropriate endorsements and
transfer documents and to pay any taxes and fees required by law or permitted by the authorizing
resolution. The Town has chosen the fifteenth day of the month preceding an interest payment
date as the record date for this series of bonds. Should this bond be submitted to the registrar for
transfer during the period commencing after the close of business on the record date and
continuing to and including the next subsequent interest payment date, ownership will be
transferred in the normal manner but the interest payment will be made payable to and mailed to
SWR:gmh 344791 5/31/00 A-3
the registered owner as shown on the registrar's books at the close of business on the record date.
The registrar may be changed at any time by the Town.
Lir
The registrar may but need not register the transfer of a bond which has been
selected for redemption and need not register the transfer of any bond for a period of fifteen (15)
days before a selection of bonds to be redeemed. If the transfer of any bond which has been called
or selected for call for redemption in whole or in part is registered, any notice of redemption which
has been given to the transferor will be binding upon the transferee and a copy of the notice of
redemption will be delivered to the transferee along with the bond or bonds.
Bonds of this series are issuable only in fully registered form in the denomination
of$5,000 each or integral multiples of$5,000.
The Town, the registrar and the paying agent may treat the registered owner of this
bond as the absolute owner for the purpose of receiving principal, interest and any premium and
for all other purposes and none of them shall be affected by any notice to the contrary.
The following abbreviations, when used in the inscription on the face of this Bond, shall be
construed as though they were written out in full according to applicable laws or regulations:
TEN COM-as tenants in common UNIF GIFT/TRANS MIN ACT- Custodian
TEN ENT-as tenants by the entireties (Cust) (Minor)
JT TEN-as joint tenants with right of survivorship under Uniform Gifts/Transfers to Minors Act
�r and not as tenants in common (State)
Additional abbreviations may also be used though not in list above
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells,assigns and transfers unto
(Name and Address of Transferee)
the within bond and all rights thereunder,and hereby irrevocably constitutes and appoints
,attorney to transfer the within bond on the books kept for registration thereof,
with full power of substitution in the premises.
Dated
Note: The signature(s)on this assignment must correspond with
the name(s)as written on the face of the within registered bond in
every particular without alteration or enlargement or any change
whatsoever.
Signature Guaranteed:
The signature(s)should be guaranteed by an eligible
guarantor institution pursuant to SEC Rule l7Ad-15
ALL FEES AND TRANSFER COSTS SHALL BE PAID BY THE TRANSFEROR
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SWR:gmh 344791 5/3I/00 A-4
TOWN OF FOUNTAIN HILLS
MEMORANDUM
TO: Honorable Mayor and Town Council
FROM: Torrqrd, terim Town En en I
THROUGH: Paul tZ wn Manager
DATE: May 25,2000
RE: Summer Youth Employment and Training Program
IGA with Maricopa County(Human Services Department)
Maricopa County has recently received $150,000 in state money for a summer youth employment
program for at risk youth to be distributed to its cities and towns (excluding Phoenix and Mesa). At risk
youth are between the ages of 11 to 18 and are: (1) identified by law enforcement or a court as in need of
these services, (2) identified by the school as at risk of failing or dropping out, or(3)from a family whose
annual income is below 150% of the federal poverty level. The program is intended to offer enhanced
basic skills and readiness for participation in the labor force. The program will be available from about
July 3 to September 30.
thr
The Town's proposal to the County is for work experience for four young people, ages 14-18. Three will
learn basic office and clerical duties. One will be assigned to the Traffic Engineering Analyst to assist in
traffic surveys. Each student will work directly with a first-level supervisor or senior level staff"mentor".
The program will reimburse all the youth's wages and employer-paid fringes (totaling $6,308). Betty
Brannon will be the program coordinator for the Town.
The Town was awarded and participated in this program for the first time in 1998. The students
accomplished a good amount of work and acquired some good job skills. Staff embraced this opportunity
to be a positive influence in the lives of our at-risk youth.
Staff anticipates receiving an IGA the week of June 12.
bb
att: Proposal
County Funding Notification
cc: Betty Brannon
Joan McIntosh
Julie Ghetti
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Town of Fountain Hills
2000 State Summer Youth Employment Program
PROPOSAL
Eligibility determination process:
• Youth will be identified by law enforcement, the Town Magistrate Court, or juvenile court as
in need of services.
• Youth will be identified by the Fountain Hills High School as at risk of failing or dropping
out.
• Youth from families whose annual income is below 150% of the federal poverty income
guidelines.
Numbers to be enrolled:
We anticipate employing 4 young people between the ages of 14 and 18. Individuals have not
yet been selected.
Planned activities:
Three at-risk students will learn basic office and clerical duties including department mailings,
filing, and other clerical duties.
One at-risk student will be assigned to the Traffic Engineering Analyst. This student will assist
in traffic surveys and various other duties.
All participants will learn team interaction, conflict resolution, and public service provider skills.
Planned outcome:
• At-risk youth will learn basic skills necessary for an entry level position in an office
environment.
• Each participant will work directly with a first-level supervisor or senior level staff member
who will be in a mentor/teacher role. Each such mentor will only have one or two youth
assigned so that teaching, encouragement, and interpersonal skills transfer can be maximized.
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Page 1 of 4
Evaluation methods:
• Attendance records will be maintained.
• Participants will be evaluated by their supervisor with adequate feedback time when
appropriate.
• Evaluations will be reviewed by the program administrator to ensure participants are meeting
the objectives listed in this proposal.
Budget:
A copy of the salary and fringe schedule for office and field is attached. The proposed budget
total is $6,308 for the 4 positions. All costs will be for youth wages and mandatory employer
"fringes" burden. We will not be charging any administration, materials, travel, mileage or
other costs to the program in order to maximize the budget available for the youth's salaries.
It is anticipated to pay $6.00 per hour for an average of 240 hours. Generally the youth will
begin working on July 3 and continue full time through the start of school in mid-August . Part
time after school or Saturday work will be available through the program ending date of
September 30.
Signature authority:
Paul Nordin, Town Manager
Point of contact for program matters:
Betty Brannon
Phone: 480-816-5130
Fax: 480-837-3145
Point of contact for fiscal matters:
Betty Brannon
Phone: 480-816-5130
Fax: 480-837-3145
Julie Ghetti
Phone: 480-816-5113
Fax: 480-837-3145
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Salaries and Fringe Benefits
fhir
Hourly Workman's Total
Summer Youth Program Wage Salary FICA Comp UIC Fringes Total Cost
Office Worker(3) $6/hr x 240 $4,320 330.5 10 22 362 $4,682
Field Worker (1) $6/hr x 240 $1,440 110.5 53 22 186 $1,626
Total Summer Youth $5,760 441.0 63 44 548 $6,308
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Page 3 of 4
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Budget
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Attachment A
State Summer Youth Employment
Program Budget
Cost Category Total
Salaries
ERE
Contracted Positions
Youth Wages $6,308
Travel
Materials and Supplies
Other
MAXIMUM TOTAL REIMBURSABLE AMOUNT $6,308
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• TOWN OF FOUNTAIN HILLS
%PA MAY 2 2 2000
(tw cod,.
�® ENGINEERING DEPARTMENT
Human Services Department
3335 W.Durango
Phoenix, Arizona 85009-6214
Rich Marshall Tel: (602) 506-5911
Director Fax: (602)506-8789
TDD: (602)506-4802
May 18, 2000
Betty Brannon
Youth Program Coordinator
PO Box 17958
Fountain Hills,AZ 85269
Dear Ms. Brannon:
The purpose of this letter is to notify you of funds available to your city/town for the purpose of
operating programs for"at-risk"youth during the 2000 summer months. Fund appropriated by
the State Legislature will be allocated to Maricopa County for distribution to local cities and
towns to assist at-risk youth to enhance basic skills and prepare them for participation in the
workforce.
The Maricopa County Human Services Department/Workforce Development Division will be
responsible for administering the program, soliciting proposals from cities and towns, issuing
reimbursements for expenses, and providing contract management and technical assistance
throughout the duration of projects. The Division has provided similar services during the
previous three funding cycles.
Proposal instructions have been enclosed for your review. Please note the timeline for proposal
submission. Proposals funded will not exceed $17,000. If you have any questions regarding this
year's SSYP funds, please contact Susan Schmidt at 506-0584.
Sincerely.,---
4'1 ,/ llC �
Darcy B.uholz
Assistant Director
Human Services Department/Workforce Development Division
c: City Manager
Dario Chioda,JTPA Accountant
Jerry Doctolero,HSD/WDD Operations Administrator
Steve Hedrick,HSD Procurement Officer
L
STATE SUMMER YOUTH EMPLOYMENT PROGRAM
firy PROPOSAL INSTRUCTIONS
ELIGIBLE PROPOSERS: Cities and Towns within Maricopa County, excluding the
Cities of Phoenix and Mesa.
PROGRAM GOAL: To enhance the basic skills of youth and prepare them
for participation in the labor force.
ELIGIBLE PROGAM PARTICIPANTS: At risk youth, which are defined as children
who are eleven to eighteen years of age at the time of eligibility, and who are one
or more of the following:
• Identified by a law enforcement agency or juvenile court as in need of
services;
• Identified by a school as at-risk of failing or dropping out;
• From a family whose annual income is below 150% of the federal poverty
income guideline as determined and published by the United States Office of
Management and Budget.
The total amount of funding available to Maricopa County Cities and Towns, less the
City of Phoenix and City of Mesa, is approximately $150,000.
Your proposal must be typed, no more than ten double-spaced pages, which
includes the following information:
1. Eligibility determination process
2. Numbers to be enrolled
3. Planned activities
4. Planned outcomes
5. Methods for evaluating project compliance and project success
6. Budget: (Attachment A)
a. Total Salaries
b. Total fringe benefits
c. Total combined salaries and fringe benefits
d. Total youth wages
e. Total contracted positions
f. Total materials and supplies
g. Total travel/mileage
h. Other expenses
7. Budget summary (a detailed description/justification for each budget tine item)
8. Signature authority name and title
9. Point of contact for program matters (name, telephone and fax #)
10. Point of contact for fiscal matters (name, telephone and fax #)
The deadline for submitting your proposal is 5:00 PM on Friday, June 4, 1999. Please
note the timeline below for additional details.
If at all possible, please type your proposals using Microsoft Word for Windows, and
email the completed proposal to sschmidt®mail.maricopa.gov
If this format is not possible, then fax your typed proposal to Susan Schmidt at 506-
8789.
Important Activities and Timeline
Project Proposals due to Maricopa County Human June 2, 2000 - 5:00 PM
Services Department - Workforce Development
Division:
Intergovernmental Agreements prepared: June 5-9
IGAs signed by signature authority: June 12-16
AU signed IGAs due back to HSD: June 16, 2000
NOTE!!! Please make arrangements on your end to
prepare your signature authority (Mayors,
Attorneys, City/Town Councils, etc.) for these
dates!
Maricopa County Board of Supervisors meeting date: June 21, 2000
Earliest project start-up date: July 3, 2000
July expenses invoice due to HSD: August 14, 2000 (anticipated)
August expenses invoice due to HSD: September 14, 2000 (anticipated)
Project completion date: September 30, 2000 (anticipated)
September expenses invoice due to HSD: October 16, 2000(anticipated)
Project Narratives due to HSD: October 16, 2000 (anticipated)
Budget
Attachment A
State Summer Youth Employment
Program Budget
Cost Category Total
Salaries
ERE
Contracted Positions
Youth Wages
Travel
Materials and Supplies
Other(Fingerprinting Consultants)
MAXIMUM TOTAL REIMBURSIBLE AMOUNT
L
Chron 99
MEMORANDUM
TO: Honorable Mayor and Town Council
FROM: Art Cron.-la 'a, Civil Engineer e.
REVIEWED: Tom . d ,Int: im Town E e�r0,4 low
THROUGH: Paul L. Noy.' • n Manager
DATE: May 16, 2000
RE: Easement Abandonment 00-17; Resolution 2000- 24
This item on the Town Council's agenda is a proposal to abandon the ten (10) foot public
utility and drainage easements located at the southerly and easterly property lines of Lot
3 (16423 E. Desert Sage Drive) and the ten (10) foot public utility and drainage easement
located at the southerly property line of Lot 4 (16415 E. Desert Sage Drive) as shown on
Exhibit "A", Block 2, Plat 206. The property owners of Lots 3 and 4 desire the assurance
that any future improvements made to the lot will not be infringed upon by the
construction of utilities. Staff has received no comments to date from the adjacent
property owners. The northerly 20' of the easterly 10' public utility easement of lot 3 will be
retained for existing and potential future utility boxes.
The Engineering Department has reviewed the site to ascertain any drainage issues in
addition to the Town's general interest in the easement. It is the professional opinion of
the Engineering Department that there is no need for the Town to retain the drainage
easement proposed to be abandoned, with the understanding that certain lots within this
subdivision are subject to lot-to-lot drainage runoff. The property owners of Lots 3 and 4
are required to pass the developed flows generated by the upstream lots across their
property.
All affected utility companies have been notified of this abandonment proposal and
have approved of the proposed abandonment of this public utility easement.
Staff recommends adoption of Resolution 2000211 .
cc: M/M Koveikis
M/M Marnell
D. Panos
M. Shevlin
L. Gordon
L
G:\Easement Memo\EA00-17,Plat 206,Blk 2,Lots 3&4(16415&16423 E.Desert Sage Dr.)Koveikis
When recorded, return to:
ngineering Department
ikolown of Fountain Hills
P.O. Box 17958
Fountain Hills,AZ 85269
RESOLUTION 2000-al
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA ABANDONING WHATEVER RIGHT,TITLE, OR
INTEREST IT HAS IN A PORTION OF THE CERTAIN PUBLIC UTILITY AND
DRAINAGE EASEMENTS ALONG THE EASTERLY AND SOUTHERLY LOT
LINES OF LOTS 3 AND 4, BLOCK 2, OF PLAT 206, FOUNTAIN HILLS, ARIZONA,
AS RECORDED IN BOOK 147 OF MAPS, PAGE 2, RECORDS OF MARICOPA
COUNTY, ARIZONA.
WHEREAS, The Town Council of the Town of Fountain Hills, as the governing body of real
property located in the Town of Fountain Hills, may require the dedication of public
streets, sewer, water, drainage, and other utility easements or rights-of-way within
any proposed subdivision; and
WHEREAS. The Town Council of the Town of Fountain Hills has the authority to accept or reject
offers of dedication of private property by easement, deed, subdivision, plat or
other lawful means; and
L,,/HEREAS, All present utility companies have received notification of the proposed
abandonment;
NOW THEREFORE, be it resolved by the Mayor and Common Council of the Town of Fountain Hills,
Arizona as follows:
SECTION 1. That the certain ten (10)foot public utility and drainage easements, located along
the southerly property lot lines of Lots 3 and 4 and the easterly property line of lot 3,
as shown in Exhibit A; of Plat 206, Block 2, Lots 3 and 4, Fountain Hills, Arizona; as
recorded in book 147 of maps, page 2 records of Maricopa County, Arizona; are
hereby declared to be abandoned by the Town of Fountain Hills. Certain lots
within this subdivision are subject to lot-to-lot drainage runoff. The property owners
of Lots 3 and 4 are required to pass the developed flows generated by the
upstream lots across their property.
SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that
the Town in no way attempts to affect the rights of any private party to oppose the
abandonment or assert any right resulting therefrom or existing previous to any
action by the Town.
Resolution 2000 24 l� -1 -(3 0
Page 1 of 2 PASS/FANIL Y\G IJeLu
SECOND
COUNT �,�
PASSED AND ADOPTED this 1st day of June 2000.
LTrEST: FOR TH TOWN OF FOUNTAIN HILLS
Cassie B. Hansen, Town Clerk Sharon Morgan, Mayor
REV E BY: APPROVED AS TO FORM:
;//7(‘Ala". g:14,
a . or in, own anager William E. Farrell, Town Attorney
Resolution 2000 24
Page 2 of 2
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 206 BLOCK 2 LOTS 3 & 4
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PLAT 206
BOOK 147
' PAGE 2
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DATE: 5-10-00 ^o