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HomeMy WebLinkAbout2000.0601.TCREMP.Packet 4MAIN. NOTICE OF REGULAR AND EXECUTIVE SESSION ao 0 OF THE 14that is Ai '� 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. L 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 i,� 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 I. * * I `?? S* 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. L 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. L 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. L L 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". a —« - 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!. L. S�y r c . .r m 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 , i- . . ii H44111, 11! 1 b . .ri r i I , 40021 tit et r • Ireirr!t.:‘ et ' P ri,ir '. : I : 5 ii 1! o (kw tit'i; 0 tvg t 0 iriii01 ili ' f; 1:114;11: :1 /fl/ 'r ! listid i 1 I , i ! ;gtm , I r 7441 : 1 0 II 1 0 Z 0 a • o 8 1!,.,,,.-• .r. frfra .. 1!'.:P. i 1 , i i I _ 414... 4 Or" 1 I th:es I s'ilfili I 1 i 1 = 0 141; :1:1 1;0' I i i rivtip .,•! 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' . tW4!1 b:i5gi.11w 4i!4r!kt 7 ,7 iri1g041li..44.,t°i!I• .4lbi 11Jiil!14.qo4;l, fI11g1i9I,1-i:i!I a§;;aiLii 4i;iirip1iiire1I g2 ! : „ ei !!! I: ,; !fi: 1 5 1i t :6N l!q g l! 4feri tl1i1 11:1gP4 ! ! =! RI la:hiG /V'.1i.t,_y,,1 ie1,r,u61F,V5s_Ii5.t, i it'5b• :111Y5 tr r • ....,...... Z . 0 Cl) v, l '• z / 11It < i" i 0 0(be C) z ! 1 I 1 LLJ 0 CI • 1;*! 2 cc g E 1 0 . —c-. cc ,. r r. . ,-- LLJ w —J .5r0i Z 4 0/----.----- ei. .13 e4 E• .. 0 i eg IN ? ,..... :6 5 7 P 1 dot 8 ,e ID \-P-S i• _ ,Ll't , m t.1 to . . ..t t ! 02? 1 .2 1 i 1 r N:67l 1 ! F-' . ,(imy 0,-- 67. ..."' • , ---1 •,.• • .67 ....• , 1--- - _I__ immq a —v - - 1 L F _LIIMMIIMINI. .L9 § i I .L9 9f. I .., i r2 , ./L. L., ad,.... I .c1'52 • L_. R t (111Or .. I ' 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. L L 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 L Ln 9 `g3 A A t Y i S 3 i 1 A as' a AP I.L. 4 Ri of !lip e a" i agi52gaS 1; 4 s a ~ o i ;.tl�`"� r '' g3 y g l g 0 aa x 0 B 7§ g � ,. wQit ffh D ' - k x‘40 w t F'f O Ig IAa - i�4 i f 'tI 0 3 ° Ya r- 7,^� �, C bibs tl I.) u ping. . 10 - i 11 i lyi e s -a ilviii 5. aZ ' i � 8 bab e1 lif4 � a ` a 0b8 +GjW � 13 kQ Y Z w $ 0 as b 'Milli Qed •2 N aa NJ o J OQ aVP NOV mZO ;' 5a p 4 y L� sa 1� 206,4 O Y a a Q . —til a es b • 11 is y9�g Aye rs �y ill 0 Q J !xfd @^ li € Ztiia2 �' �i _R z o. bS 'i 1 W kIi gag ° i 1 � � se '� as F$ x j S 0 o o ai $ ��t a ill E IX saai : a bs r J o o z z a cn NI WI i i3 1111! j @ zb ad# 5 ¢$(illow bih 0L! R g9c Zg 1@ a ,p. 5 a 9 al � 1 x.ixi §i, III xi; 4g 1I!1 4 L = w Q Y Aierl : d 9 d Wi W O w m 0 Y . NRL = @l. 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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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Rq^ie'r�tass IBa c NEENEE 'III =~ 'illE9 '-"-----e --.„--,./,' ;7. if t45 (.:(0,) oil i84 Tip' la lx. ° sqf 6 3 s , lip bg � v `'/' 11!• NI I r m00% gyp• .� `--------- , t �� bA §iai/ /' yre A / * / 4,,/ ,/,,' -6 1 °3 "•e p ,4',,I /' gi'dt! rF d I 1 ejb9 �I. I4 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. L a ., q i8 �. & € a g g a o U 1:1 g�j gg 9p 3 #�j *� }$g� b ta4 6R 'J`ISSL �3i �E1i4� � d >€€ c L '� mixt 11 a ; r� . 4 6eaAo1 S:"'a•i E: E 71R3" a' ilif"."7". 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W.I I 11 ' (HU J 1 JI 6'61 1 I i'"' Q N - =p of q ; i / J $ - c i // in • a�R# • I / , 1 ,• LLJ t 0 i. ,...0\sok NiEiliggigligiiiiiiiiiii E 1 1 i iii:iiiiiiiiiagg"lig I • \t EEENEEEEME111 I gtiR1y I 1 .1 r t` W R p � Fq .. P.. �rE 1YIMC 6 ill I; W{�1■ Li�WW YYW ���W i1.i �� �WW � 1 gig: giiii��iiiiiiiiiiii�� ii��giiii; II •„_MY rl" /� 1 ti Niiiiiii:iiiiiggigiiigiii wat wooawr.Y pew _9«9, , 'F1I.. A Syr, i- g Ti. g iE ,..'-i'' "'''ri-we'16. 0..,c-3 :EiltaliggilEilL i �,1■rcr'A v Mil■gl■rn■ rPY A■.CC frKS S QS wo -CO- Mt 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. L 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 L 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 L Certifications • Infant, Child, and Adult CPR • Infant, Child, and Adult First Aid TOWN OF FOUNTAIN HILLS MEMORANDUM L 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. wtlSl�l.1 01 'r1. r ..tl ., • [ y?P •. r l'1' i1 i. ,ir•Y. . • {•-• .� 4 A':'1(' !o •C'"1.tr+�^•t y {•to , ^lFt"!i j� S 3+i'41.. s+.l 1:,.t. .,J;k'. ve ljr .` �_1� ..._ .a.. —..6.•_J�..i.+.•y,1 Yt lm� ,,• ,,tr , r °e= ti 1. �. Ei iV ..d .-,r��,.1-;, '� , , ,ir r r. .!- W. LT! ��T i,CGate.r.,�.7'!" },6L' 1 *tq' 4, r i ', 1rf� ',. ..A.,..,„, v � .! a r J I h Yt i ( i 4 i51+ t :'�„ ' J•:i'� ' ' {.�y •rani - �: �` ��' W{, rr {�r�'k•ieit �. ^ �.}�'�'t�1 v Off s'.{. 11�i K t t� r•.il q � '1j w "'�YY;Y^5. i'5 r,N0 ,.:, + ,._-4,, �; t '�� fir.- -,.,- ; �*--r{t - 41L'e' ;' .A .4 --:1 "1„i 1 itsj y' l i+go i, '=ti 1�' ..` •c,"`i w H,,j.,,,. ;+ti je zi.[ 6.N ,1 j �'T a `y L ,.4.0.i. .•.�r+:Y+4r; r ..„i Itt • 'trra� ..4 E. :_.'h1'a:.:_e2��C's+:w r4LL ���p 'n v. ! '¢.�1�1,t4YY� j llor:L 7"�Et1.1. .,! ) 1! h y�,•.I .sIP ; . (7,,.. F l I.'1?.13,x, ;*Ir;,,I 1 l k... a { 41 I �' ,, ° C ,.. ,6. -- �:�� i11 F Cc..' '•....r. 1 K.I7� ' ,.r `, '1 411-7+Cfi,e 4';,,,. „Ii ,.rT . „ r`. y-'2w ^,, ,4... t / -i.'L1 r Ij .,.t,,.'t'Y ....! y,,,,,^$ ,1,�,tC ',`tb( '} a 4l;.4 ,>{ •,;GA{ ,,' i;•;' "I"�' '�+ : i r'`4t. �• 17r 1 1. + s'.44..- n r:'S jr`_9C1'`�1' It 1litak* ! r '�"` .'l5 r :{N 'yr1"6.N 1 rj j+Y''t* 1/{ ."?+ �'� t ''r,.y,i'l,. "e , ; e+ +'.dt f:,` f If �C'.,y�r r't Ji, `ftiJ y rLj } Lp 7Li 1 `lr"t• '.•..' r '',Y`!i.{11' � ' 1 T" 4f' ''' 1" {fin] r' `,:4..r!�� .t{,$.' Fee: 5300 TFH Case Number -r1g0cnKw CI- -ID 70 m zc, mr m -i A 171 0 rnD — 1 72 D fijX . z X FNr II _ i r —fN o NO -P,o - cn 0 xr o I i .1. X m'vo _ ClO Ri 0Poo Z .le P1 Z I 1 > O C) Xi I`' r O o � C r-1 ,�• I -< 23 I '-+ li ;�` — a I 0 i --,,......._ _____I- -;- .:t., , . , z. I , - l rt'4 Z ..-.. I zr A T m; ( '=f I cy. E 13 rq 11 i i _ ',"'"'".1.r.11._ !. _ aC.-;* 41 d=lj'--, 1 �'row'', I OF THE FOUNTAINS - D AVENUE I X1 1 ° _ 1 1 E�� I !!! = N (61.018 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 / I 11L.tJinVL.J / /r ems \r-----16r--.0---- _ tt Q fp m - a (D V r + 4 4 �l,t-0• -0, ..-_ter _ Iik-FE64 mit,,,,v- V .1 lib g CD lik-AIA16 :0 4 41 � 1 _ L it4\itiZ:i� 0 i Welk k a m I ' Flo Osalk lif.cr .., 0.. - a .0. 0 ! ' 1\1.11 _ 1ff-0 .°' u•j1.• °' 24._1. I g 1110 4 e 11 i 1 g . I k. 19 I .,_ _ 0 i 14 1 ,3 74::.' \\I o o )1 - T m I 1 . o 1 r j 4 Q adt.... 1.1, lk. _ co„ hi'f r�.ram tre r.,,,.r,r �� 7.,=7. . -{. !I it ( i ! . v > tom. i i. .r l .'. rYr r r :.---,A-..t• /.' I a r , T - a-' al= I_' (' .!'. , `- !'•" a1 .,r. ..;t 7 .'• - .(ter • Wit/ r.�i✓�hr- 1:3 0 i Mir ri,-4„,,,L....;_ 7. 7. Lo J w I t1. r&sawer ww MAY 17 '00 13:40 6023784532 PAGE.02 ** TOTAL PAGE.03 ** 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 n : o•cn : tn Z 0 Tr.414,7 m o_ =N � 1:. j 11 r(n 1 D NO5O O N 0 DrnN a0 :; NO 0 Ei P1 ZOO 0 D O n oI D t*w� a ' .r4. -_ - 5' 1 r isI � 1 )3 f, 1 1_,_,. 1 i r. `'.,'` i 1 1 • ''',.. --"-' . , I - 1 , 1 m . : CI A i 1 ir: I A--- A g . _,.......„.,%k if .. oo11 I 1.1 ! ! , II > . BOW .•-- 1 '. ai PI - 1 ) ,f I •z .�'A'�:144ZS•J yA V I D r AVENUE CIF YHE FWlKA1t18 1 - 2 1 21 0 i . ------- / _ _ -- i I 2_ tafici! c 1 _I - 1 I I_ zrorP1 gig g 1 4 o !king! m q ti;Itgl >: L ‘ ,,i.). 1 5-05-2000 9:33AM FROM OLPASF/ SLLA 415 982 4.124 O V E R W A Y LARSSON PEDERSEN ARCHITECTS L 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. ;1gvcn _ C�DD � • z�r�m o ZrrnnK 2 (A� _ D D r In Cn II �p? p � 0 I Nzo t. Rl ZOO 0 D0 C 0r.1 o D I � 7--' 1 4 OA'1\\. 'P - 1 ,,qr al r--- A .... ., L -- — '' 1 7#41 \i/ Trrl ; — a="— i 1; P ���3"i 4 N Sri p. �\• I �� eLEn IP4MONWONevy, fir . ._. ._ �,, I Z x -4 P1 ,— _.i -- 7- i �: ,__ I ig E A J L I Q 1— L. III I m immowv., 17...T4Aki... -7 1‘ ! xi ITI � - Q I z OF T4tE FOOT ADM plEtiVe ' , i _4 1 I 2------- . n I i-t"!fig _�� -_ ter_—_--------�`` 1 tililli k ..---- -- Eri 1 !! ;1 In fat 3Tig1 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. L &A/BBC Research & Consulting II-5 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: L ,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. L ,A/BBC Research & Consulting II-13 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. L L 'bA/BBC Research & Consulting II-14 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 L 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. L L A/ BBC Research & Consulting II-24 James L. Carpenter L 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 L A/ BBC Research & Consulting II-25 III. NOT-TO-EXCEED COST PROPOSAL L 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 L &A/ BBC Research & Consulting III-1 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 L lb 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. L ifter �/ 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 L NEW EMPLOYMENT AGREEMENT L 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 L 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. L 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: L -2- SWR:gmh 344785 6/1/00 • 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. -3- SWR:gmh 344785 6/1/00 • 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 -4- SWR:gmh 344785 o/I/OO 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 -5- SWR:gmh 344785 6,I'00 • 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, -6- SWR:gmh 344785 6i 1/00 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. L -7- SWR:gmh 344785 6I'00 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 L -8- SWR:gmh 344785 bi1:00 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 L SWR:gmh 344791 5/31,00 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: 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 L 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 L E:\Summer Youth Program\SSYE Memo to Council.doc 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. L E:\Summer Youth Program\Youth Employment Proposal-2000.doc 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 L E:\Summer Youth Program\Youth Employment Proposal-2000.doc Page 2 of 4 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 L L E:\Summer Youth Program\Youth Employment Proposal-2000.doc Page 3 of 4 r Budget L 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 L E:\Summer Youth Program\Youth Employment Proposal-2000.doc Page 4 of 4 • 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 Cosy PLAT 206 BOOK 147 ' PAGE 2 4 ,¢0 ' oF R� 020' r 4,soo00, 4 6 8 sq y0' 5 N• S•f 004- \, 0?AA r. co \ =ANDON 20 L.F. o N Ns- DR � GE EASEMENT 2 LOT 4 9,5r�000. RETAIN • ' L.F. PUBLIC +� 00 if' UTILITY EA' MENT 0e \ - - - - i ������ LOT 3 a /�/ Cor — — — — — — `'‘I'l-r;4;.' % .cv -/ 2 ABANDON 10' P i BLIC `�;p., / UTILITY & DRA AGE \ A¢ �'� / ABANDON 10' P :LIC • EASEMENT < UTILITY & DRA AGE EASEMENT 1 / 10 / / / / / / \/ / / / \ /. � _ � / // / 11 \ / / _ i \,4iQ'Qo '/ yo 12 04� • \,ysrq e / 6 40„ , ,,,,, 42/ s/SCALE: 1"=60' DATE: 5-10-00 ^o