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HomeMy WebLinkAbout2003.0501.TCREM.PacketNOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Jon Beydler Councilman Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Vice Mayor Susan Ralphe WHEN: THURSDAY, MAY 1, 2003 TIME: 5:30 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B (Executive Session will be held in the Building A Teleconference Room) PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to public discussion of that agenda item. The Clerk will indicate when speaker cards are no longer being accepted. After a motion regarding an agenda item has been made, seconded, and discussed by the Council, the Town Clerk will call the names of those who completed a speaker's card. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Speakers' names will be announced by the Town Clerk. At that time, speakers should stand and approach the podium in the order listed. Speakers are asked to state their name prior to commenting and to direct their comments to the Chair and not to other Councilmembers or staff. Speakers' statements should not be repetitive. Individual speakers will have three minutes from the time they are recognized. If representing_a specific group or more than three minutes are needed, contact the Town Clerk prior to the beginning of this meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. C T a ! Lf AL µ .� oar: Id -ler 1.) VOTE TO GO INTO EXECUTIVE SESSION: PURSUANT TO A.R.S. §38-431.03.A.4, For discussions or consultations with the attorneys of the public body in order to consider its position and instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigations. �. (Specifically, the Gibson lawsuit). 2.) RETURN TO REGULAR SESSION F: AGENDAS\REGULAR\2003\Regular Session 5-1-03.doc Page I of 3 Last printed 4/30/2003 1:39 PM CALL TO ORDER AND ROLL CALL — Mayor Beydler PLEDGE TO THE FLAG — Mayor Beydler INVOCATION — Moment of Silence AGENDA ITEMS 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. *3.) Consideration of APPROVING THE MEETING MINUTES of April 3`d and 81", 2003. *4.) Consideration of the LIQUOR LICENSE APPLICATION for Daniel's Place located at 16726 E. El Pueblo. The application is for a new Class #12 restaurant license. *5.) Consideration of the LIQUOR LICENSE APPLICATION for Nick Morgan's Sports Grill located at 16737 E. Parkview. The application is for a transfer of a Class #6 bar license. *6.) Consideration of RESOLUTION 2003-15 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the northerly property line of Lot 9, Block 2, Plat 505C (16440 N. Kim Drive) as recorded in Book 158 of Maps, Page 42, Records of Maricopa County, Arizona. EA 2003-02. Thomas & Lyn Moser *7.) Consideration of RESOLUTION 2003-18 approving an Intergovernmental Agreement (IGA) between the Town and ADOT for construction of the Shea Blvd bike lanes. *8.) CONSIDERATION of accepting a donated cannon from the Department of the Army on behalf of American Legion Post #58 and the Veterans of Foreign Wars Post #7507 for the Veterans Memorial in Fountain Park. *9.) Consideration of ORDINANCE 03-11 granting a parking and access easement to the Boys and Girls Club of Scottsdale, Inc. located at the northeast corner of Calaveras Avenue and Del Cambre Avenue. 10.) CONSIDERATION of approving a settlement regarding the Gibson lawsuit. 11.) Consideration of RESOLUTION 2003-17 declaring support for the efforts of the United States Government and coalition forces and the future of the Iraqi government. 12.) Consideration of the Town of Fountain Hills entering into the "PARTNERSHIPS MEMORANDUM OF UNDERSTANDING" which supports the development, operation, and maintenance of the Arizona Trail. 13.) PRESENTATION by the Mayor's Youth Council officers, a "Year In Review". 14.) Consideration of accepting a DONATION OF ARTWORK from the Fountain Hills Arts Council and the Fountain Hills Public Art Committee. 15.) Consideration of RESOLUTION 2003-14 adopting a Fund Balance Policy. 16.) Consideration of RESOLUTION 2003-11 declaring the 2002 amendment to the Tax Code a public document. F: AGENDAS\REGULAR\2003\Regular Session 5-1-03.doc Page 2 of 3 Last printed 4/30/2003 1:39 PM 14%W 17.) Consideration of ORDINANCE 03-09 adopting the 2002 amendment Tax Code by reference. 18.) Consideration of a CUT AND FILL WAIVER to permit a 15.5-foot maximum cut, located at 14414 E. Shadow Canyon Drive, aka Shadow Canyon at Sunridge Final Plat, Lot 41. Case Number CFW2003-01. 19.) PUBLIC HEARING to receive comments on a request for a SPECIAL USE PERMIT to allow a proposed detached accessory garage structure to encroach within the required minimum rear and street -side yard building setback in a "R-2" multi -family residential zoning district located at 17219 E. Rand, aka Plat 201, Block 6, Lot 6; Case Number SU2003-04. 20.) Consideration of a SPECIAL USE PERMIT to allow a proposed detached accessory garage structure to encroach within the required minimum rear and street -side yard building setback in a "R-2" multi -family residential zoning district located at 17219 E. Rand, aka Plat 201, Block 6, Lot 6; Case Number SU2003- 04. 21.) Consideration of a CUT AND FILL WAIVER to permit a 13-foot maximum cut for the development of a single-family residence located at 10019 N. Palisades Boulevard aka, FireRock Lot 12. Case Number CFW2003-02. 22.) PUBLIC HEARING on ORDINANCE 03-07 amending Chapter 6 of the Zoning Ordinance (Sign Ordinance). 23.) Consideration of ORDINANCE 03-07 amending Chapter 6 of the Zoning Ordinance (Sign Ordinance). 24.) CONSIDERATION of RESOLUTION 2003-20 amending Resolution 2003-02 endorsing the formation of a new fire district to extend the expiration date to April 16, 2004. 25.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 26.) SUMMARY of Council requests reviewed by the Town Manager. 27.) CALL TO THE PUBLIC. Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda but must be within the jurisdiction of the Council. All comment is "subject to reasonable time, space and manner restrictions" and the Council will not discuss �'or take legal action on matters raised during call to the public unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Council members may respond to criticism, ask staff to review a matter or ask that a matter be put on a future agenda. 28.) ADJOURNMENT. DATED this 29th day of April, 2003 Bevelyn J. B , er, T n Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1- 800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk's office. F:\AGENDAS\REGULAR\2003\Regu1ar Session 5-1-03.doc Page 3 of 3 Last printed 4/30/2003 1:39 PM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: 5/01/03 Contact Person: Bender Requesting Action:® Tyne of Document Needing_ Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Draft meeting minutes Couneil Priority (Cheek Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only;❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of APPROVING THE MEETING MINUTES of April 3`d and 8 h, 2003. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Approve minutes for archival purposes. List All Attachments as Follows: Draft minutes from April 3rd and 8th, 2003. Type(s) of Presentation: none Signatures of Submitting Staff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 5/1/03 Contact Person: Tom Ward Requesting Action:® Type of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv(Check Appropriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Consideration of the liquor license application submitted by Mia Yates and Allen LoSasso for Daniel's Place located at 16726 E. El Pueblo. The application is for a new Class 12 (restaurant) license. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval for a new Class 12 (restaurant) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the Town Marshal based on his background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Ward memo; Martinez memo; application front page Type(s) of Presentation: Consent Agenda Signatures of Submitting Staff: D partment Head Town Aariager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor Beydler and DT: April 10, 2003 Town Council FR: Tom Ward RE: Daniel's Place Director of Public Works Liquor License Application Mia Yates and Allen LoSasso are requesting Council approval of a new Class 12 liquor license for Daniel's Place located at 16726 E. El Pueblo. A Class 12 license is for restaurant use only. Statute requires that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. Public Works and the Town Marshal have reviewed the application. It meets the statutory requirements for a Class 12 liquor license. The applicants are Arizona residents and have no outstanding wants or warrants. The applicants have applied for and received a Fountain Hills business license. Based on statutory compliance and a favorable recommendation from the Town Marshal, staff recommends approval. M. Daniel's Place Liquor License Application.doc Page 1 of 1 TOWN OF FOUNTAIN HILLS N40. MARSHALS DEPARTMENT INTER OFFICE MEMO TO: Bev Bender, Town Clerk DT: 04/10/03 FR: Ken Martinez, Interim Town Marshal RE: Liquor License — "Daniel's Place" The purpose of this memorandum is to provide a review of the attached liquor license application for the "Daniel's Place" located at 16726 E. El Pueblo Fountain Hills AZ. BACKGROUND INVESTIGATION: This application is for a Class 12 liquor license under the specifications of ARS 4- 205.02. A Class 12 license is for restaurant use only. The application is pending approval by the Arizona Department of Liquor Licenses & Control. The statutes require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. A site inspection at the facility and a diagram clearly shows that over 60% of the establishment will be devoted to service of food. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. This location has had a prior Class 12 license, The applicants, Mia Yates and Allen La Sasso are Arizona residents under the provisions of ARS Title 28. I have verified that there is a business license on file # 6250, which expires 04/01/04. RECOMMENDATION I am therefore forwarding my recommendation. Kmartinez;KLM;E:\My Documents\L.IQUOR\Liquor Approval Memo-Daniel's Place.doc;Created on 4/10/2003 10:22 AM ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Flooria 400 W Congress #150 Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (602) 542-5141 TYPE OR PRINT WITH BLACK INK (520) 628-6595 Notice: Effective Nov. 1,1997, All Owners, Agents, Partners, Stockholders Officers, or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. 4 1� OV16 3 SECTION 1 This application is for a: PERMIT Complete Section 5 9NrEW1_WjCENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE Complete Sections 2, 3, 4, 9,13,15,17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 SECTION 2 Type of ownership: aw>, ylIiu3 ❑ J.T.W.R.O.S. Complete Section 6 ❑ INDIVIDUAL Complete Section 6 ❑ PARTNERSHIP Complete Section 6 ❑ ORPORATION Complete Section 7 LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: /affJ z!"2 Ar-j t .1 rl I " ".J 1. Type of License: Wtr.S7z2i42tW2� 2. Total fees attached: $ 5 APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.68k522j) �CTION 4 Applicant: (All applicants must complete this section) P l p f>U ` Mr. l/0TF� 1. Applicant/Agent's Name Ms: (Insert one name ONLY to appear on license) Last�r First 2. Corp./Partnership/L.L.C.: h; / & L' �. ✓✓l UIL (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: cAAJ[ EL IS j4l4d t AD, S -7Ore e*7 �' 0)5 (Exactly as it appears on the exterior of pre/miss/es) /,, // 4. Business Address: /` 77a4+ 614ST 7 �/CVPO�- J5W11 7rI7AII&L-5 (Do not use PO Box Number) City COUNTY Zip 5. Business Phone: ( M) 83 7. 455799 Residence Phone: (�80) *3 eo. 6. Is the business located within the incorporated limits of the above city or town? 5kfES ❑NO 7. Mailing Address: /to 7-o? ` e..S% 45e IZK4 /C am, 'QWA /ii] 0411 City 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) 12 8sa State Zip DEPARTMENT USE ONLY Accepted by: Date: 3 Lic. # ! 7 J [ Fees. I U V 4- $ 2[ U Application Interim Permit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY YD DAYS, AND UMUUMNI'ANUEb vP-rr ty xr.,ui, I Ina L A laicx WAR AUw rr"UMU. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 11/97 *Disabled individuals requiring special accommodation, please call the Department. o�rnr Ovar9 State of .Arizona Department of Liquor Licenses And Control 800 West Washington Street, 5th Floor Phoenix, Arizona 85007-2934 - 602-542-5141 or 800-241-3552 www.1211.com Facsimile Transmittal Sheet Date: V� V' Total -Pages: ' otalPages:, (including cover sheet) To:�� From: Cind.1 Bear LICENSING SUPERVISOR Phone: (602)542-9032,.1-800-241-3552 (in Arizona only) Fax: 602-542-5707 (please fas to MY attention) E-mail: beiarc(DLL-state.az.us ww,aww*�ewWwwww**�+rwwwwww****#w ww wwi*Yaww*,t*ytw##ww,h,F**iwic*ifi*iwwwwir icww*www**#w#w Message: \ 9 c 001, i ARIZONA DE:is ATMENT OF LIQUO�t LI.CENS, 8 CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 D i. L C (520) 628-6595 EUSTNXSS L'470 TION/NA M M CHANGE REQUEST Pees Required) p) LIcenst Number 2. Licensee/pgent's Name: 3, Current Busuiess Name; For all changes that apply to you, please check applicable boxes and complete: [d New Business Name: Ir ❑ New Business Address: ?NOTE: TEAS 1S NOT A LOCATION TRANSFER, THIS IS ONLY A LOCAL GOV> RNivMNT OR U.S. POSTAL ALY THORIZED ADDRESS CHANGE. DOCUMC ATION MUSS' M A3 CACMQ. Stew Ci+y Sraca Zip ❑ New Business Phone: Ncw Home Phone (--J— — ❑ Ncw Mailiag Address: CAW U Other (please cxp?ain): _ (AnacH addid4ual 9tfea� lP peaeeaer» I. ^ ��� !� ,r� _ , berwoy declare dim I asp ass AUI-HOPIZED PERSON filing this (Print rnu QM) request. I have read 's docuthent and the contents acd all statments are true, eorreat and complete. / State of _Cow of X .__./ilJ �� _ ~ � � ;-txunl0rn was ac owtedgsd before me C&ignasurc) day of / `9ay.e( a Mon �.� My commission oaplras on: (stz aM1m of N OTA.V Y PUBL10 DEE I USE ONLY Approved by: , bate: Misabled Ladtvld aLs requirtn spec 1 accommodation, please call the Department. �ro�ut 0911w 1.9 ARIZONA DEPA''""MENT OF LIQUOR LICENSFC & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (6021 542-5141 (520) 628-6595 APPLICATION FOR LIQUOR LICENSE 1 YFL+, UK FKLN7' VV!"1',ti BLACK INK Notice: Effective Nov. I, 1997, All Owners, Agt ts. Partners, Stockholders, Officers. or 1ylanaizers actively involved in the day to day_ operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: ❑ INTERIM PERMIT Complete Section 5 1 ❑ NEW LICENSE Complete Sections 2, 1 1 , ❑ PERSON TRANSFER (Bars & Liquo to s Y) Complete Sections 2, 3, 4, 11, 1 ❑ LOCATION TRANSFER (Bars and O Complete Sections 2, 3, 4, 12 ElPROBATE/WILL ASSIGNMENW O Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 SECTION 2 Type of ownership: LAAW.R.O.S. Complete Section 6 "INbIVIDUAL Complete Section 6 tIOIJE13RNMENT NERSHIP Complete Sections 6 ORATION Complete Section 7 ED LIABILITY CO. Complete Section 7 Complete Section 8 Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE 1. Type of License; , le 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) 1. Applicant/Agent's Name: M[s. amert one name ONLY to appear on license) �Last 2. Corp./Partnership/L.L.C.: CBxaetiy as it appears on Articles of Inc, or Articles of Org.) '3.)Business Name: ?//In, `! rQ -0i CBxactly as it appears on the estenor of premises) i a 4. Business Address: L* I jZ M • L..L Pt tmcj � r 1 M I V—N I t IfuLl . 3 ODo not use PO Box Ntunber) City COUNTY Zip 5. Business Phone: (_) Residence Phone: �} 6. Is the business located within the incorporated limits of the above city or town? OYES ❑NO 7. Mailing Address: City State Zip 6. Enter the amount paid for a 06, 07, or 09 license: S (Price of License ONLY) Accepted by: Fees: Application DEPARTMENT USE ONLY Date: Lic. # Interim PezTnit Agent Change Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPRO MMATELY W DAYS, A?-M CMCUMSTANC39S OFTEN RESULT IN A WNG19t WA Ur4U VEKWU. YOU .4tt8 CAUTIONED REGARDING PLANS FOR 4 GRAND OMNI NG, ETC., BEFORE FINAL AYPROVAL AND ISSUANCE OF THE LICENSE. [,IC 0100 1112400 *Disabled individuals requiring special accommodation, please call (602) 542-9027. rk I W H w z a�_ w � v 0 w � w O � v � B 1 Cd Q N W w w N Oar N W W WU00 zN ao�z IsS SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 'here MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use? OYES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. IYc A /\J L E V 14TQ being first duly sworn upon oath, hereby depose, swear and declare, (Print frill name) under penalty of perjury, that I am the CURRENT LICENSEE of the stated license and location and that this application has been read and that the c is and all statements are true, correct and complete. X U.LjU SUBSCRIUDY CE AND SWORN TO before me Si ) ZOO this My commission expires on: _ ? . � Y SECTION 6 Individual or Partnership Owners: Day of Mwvh bI Year zrzly- - LAUREL MCKEOWN Maricopa County My Commission Expires Aor. 7, 2004 H PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH D. 1. Individual: Last Fast Middle % Owned Residence Address City State Zip Partnership Name: (Only the first partner listed will appear on license) r:R.. n,r:,,,,,o of Owned Reciderre Arirlrecc City State Zio ----- ❑ ❑ % ❑ ❑ % ❑ ❑ (ATTACH ADDMONAL SHE t IF NECESSARY) ?. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. C,'L.L.C. Complete questions 1, 2, 4, 55, 6, 7 and attach copy of Articles of Org. and Operation Agreement 1. Name of Corporation/L.L.C.: Zo d ua//i2 Z �i� G• G. C (Exactly as it ppears on Articles of Inc. or Articles of Org.) 2. Date Incorporated/Organized: DZ State where Incorporated/Organized: 3. AZ Corporation Commission File No.: 4. AZ L.L.C. File No: L — ld sl" 9 — k Date authorized to do business in AZ: Date authorized to do business in AZ: z 2 sT oL 5. Is Corp./L.L.C. non-profit? ❑ YES LINO If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Citv State 7in l,asr Z.05055 o ,4�E,1i Str�gn E aE11" /363 ^/ ,�ea�4 Lv. .s'� 8'S•?bP' (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. list stockholders or controlling members owning 10% or more: .—:A-- A,,,,.k... r•;n, Ctetr Ti Last �o �o kAl 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. - -- ---- — ------- Name of Club: (Exactly as it appears on Club Charter) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Date Chartered: (Attach a copy of Club Charter) Last First Middle Title Residence Address City State Z ip (ATTACH ADUFHUNAL JHrr t it nbt.ra3ruc r ) 3 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last Fast Middle License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: Last First Middle 2. Assignee's Name: Last Fast Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPMITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: Entity: (Exactly as it appears on license) Last Fast Middle (Indiv., Agent, etc.) 2. Corporation/L.L.C. Name: (Exactly as it appears on license) 3. Current Business Name: (Exactly as it appears on license) �,urrent Business Address: 5. License Type: License Number. Last Renewal Date: 6. Current Mailing Address (other than business): 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ NO 8. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby depose and say that the statements made in this section are true, correct and complete. 1, , being first duly swom upon oath, hereby depose, swear and declare, under penalty of (Prim full name) perjury, that I am the CURRENT LICENSEE of the stated license and that this application has been read and that the contents and all statements are true, correct and complete. SUBSCRIBED IN MY PRESENCE AND SWORN TO before me (Signature of CURRENT LICENSEE) this day of , Day of Month Month Year My commission expires on: Ell (Signat ue of NOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. Current Business Name and Address: (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: 4. What date do you plan to move? License Number. Last Renewal Date: What date do you plan to open? SECTION 13 Questions for all in -state applicants: Distance to nearest school: 300 ft. Name/Address of school: (regardless of distance) 2. Distance to nearest church:ft. Name/Address of church: (regardless of distance) fiorr�ry� •f�G�,s L''/GfAaT�rx Sefia� /S'OSV', V. d/rlS rover isn 85?1. cA ��_y�.Ffszb8' I am the: 1 SSEE ❑ SUBLESSEE ❑ OWNER ❑ PuRCHASER (of premises) If the premises is leased give lessors name and address: LT_ANE _'�7CNAJaT_ Se«aA!Wb+-i 'f-WZ-Lsa/y �C PCX 3; Fog �''�+ t-t ,-;.=�5 /�� ��� �' Monthly rentalAease rate $ /0 5. What is the total business indebtedness of the applicant for this license/location? $ --Q— Does any one creditor represent more than 10% of that sum? ❑ YES D NO If yes, list below. Total must equal 100%. Last First Middle % Owed Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) �� rA�*+Q.�a• �7 7 . Has a licensee or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES I!! N If yes, attach explanation. �,/ 8. Does any spirituous liquor manufacturer, wholesaler, or employee, have any interest in your business? OYES lT NO 9. Is the premises currently licensed with a liquor license? 12'rYFS ❑ NO If yes, give license number and licensee's 7L4gAname:,/ # --rl Sj) 99 (Exactly as it appears on license) AM/ TMrJ �'�0, i1aA ky z4L OW�isZ 5 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. L ,low the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. 2. SrWe ss#G - LVNAJ 80"11S'i C6 3. Grau Gr1rde - 4. 5. Foy a%(N Alas Ckot¢4ofSe.1001 6. 8485 ZJ94 5 - 9 7. Fnua►n taws--Seiao��4t'•3-i Cor►�k: � 8. ChAS NiRAC+E - 12- 9. ?f Or1n %f. Q Lon T'!� 1re_SJ,�W1tt 10. CO . v�1ta.Ic, 11. I N. �• - 12 R.ns ali�.r'► Ct+►�s►�'►'L 12. 13. 14, 1.` (A�ACH ADDITIONAL SHEET IF NECESSARY) SECTION 17 Signature Block: A = Your business name and identify cross streets. being first duly sworn upon oath, hereby depose, swear and declare, under penalty (Print name of APPLICANT/AGENT listed in Section 4 Question 1) of perjury, that 1) I am the APPLICANT (Agent/Club/Member/Partner), making this application; 2) that the application has been read and that the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) teii bers, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. „ Apr. —. 2004 LAUREL MCKEOWN Notary Public - Arizona Maricopa County ` , v , , My Commission Expires X E AND SWORN TO before me (sizes G r ."11 , ,/ �L 0 A 7 this y dad of Day of N mmission expires on: f?- �/ L� 7 Month of NOTARY PUBLIC) Year ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 0 Tucson AZ 85701-1352 (602) 542-5141 f-% t t r-c- T1 f'% ►1.1 A r , r- (520) 628-659j, WUCJ 11UIVl-gjAl r- ni 1-16 SOCIAL SECURITY AND BIRTHDATE INFORMATION IS CONFIDENTIAL BY LAW AND CA[ UOT BE DISSEMINATED TO THE PUBLIC P 12 Read Carefully , this instrument is a sworn document. Type or print wit ink An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE D PARTN THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE./a U - — . - -- 9 There is a $24.00 processing fee for each fingerprint card submitted Ll llOT�lCense—# A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6&52) 1 f '1''Jj,J,� '%/�( Che location is currently licensed) / V 3 `' 1. Check ❑Owner ❑Partner Stockholder [Member ❑Officer ❑ Agent ❑ fvlanager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box—)O.- Licensee or A-,ent must complete # 25 for a Manager t Licensee or A ent most complete # 25 2. Name: e6n p e Joe QIf e Date of Birth: .?363 Last First Middlep ('Phis Will Not Beco e a Partor Public Records) 3 . Social Security Number: 7.26,-Z Drivers License #: dI O �S� State: (This Will Not Become a Part of Public Records) 4. Place of Birth: 44A(ed TR22>62 , CO &eight: %� Weight:Eyes: BRA) Hair: a City State Country (not county) Marital Status [p"Single ❑Married ❑Divorced ] Widowed Residence (Home) Phone: 936 7 6 Name of Current or Most Recent Spouse: �•OS4SS0 .�614,w4r L /Q/s7 Date of Birth: (Last all for last 5 years - Use additional sheet if necessary) last ust Middle Maiden 7. You are a bona fide resident of what state? e9er ,y0 Am If Arizona, date of residency:-: %� Ajaoq R % 8 Telephone number to contact you during business hours for any questions regarding this document. ('yam) .� 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises:M%jr Y 'RAe,E M," l MYe &XAC Z>r'iHSU PrPhone: F,0 ) n 7 'IS77 11. Licensed Premises Address: /A ; i;19 ,E F/- O , � Street Address (Do not use PO Box City Zip 12- List vour emnlnvment nr tvne of hnciness rhrrina the nnct five (51 venrc if nnemnlnveri -T of the r;— Get th— A-- T :" . -,+ ..e,.,,... 1 -♦ FROM TO DESCRIBE POSITION I EMPLOYER'S NAME OR NANIE OF BUSINESS Month/Year Month/Year OR BUSINESS (Give street address, city, state & zip) CURRENT LR G� A),4 = �''YiZA A.s s D,2 b 7 u uS sRSO, r 'iVS-To sy t�vc. (PRE 0 / o =b - 8..? F �oF /f 8Sc ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate vour residence address for the last five (5) vears: L FROM onth/Year TO Mouth/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet wine name, address and phone number of landlord City State Zip CURRENT E Qu:r7- 9 D oo 0342 OUJAJA). ,E a- 44A% w.vr rr�u rw D /'.?o ,E• ,BFLLI� U`l- 57�/P AR . DOGE 6 f you checked the Manager box on the front of this form skip to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating ES LJNO the licensed premises ? If you answered YES, how many hrs/day?, answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) M'YES ❑ N If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ❑ YES 9KN' O ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned, had sentence ❑ YES l>dNO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or dru,e related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES [f►3"NO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have,held ownership, been an officer, member, director or manager EVER ❑ YES W O had a business, professiona176"r liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or feed in this or any other, state? 19. Has anyone EVER fled suit or obtained a judynent against you in a civil action, the subject of which ❑ YES LINO involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, / or manager on any other uor license in this or at�y other state? lE YES ❑ NO If any answer to Questions IS through 20 is "YES" YOU MUST attach a signed statement giving complete details._ b Please be sure to' include dates; agencies involved and dispositions: ': 01 If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 2I. 14ave you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you'niake payments to the licensee? ❑ YES ❑ NO If "yes",'how much? $' per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement Clare that I-am•the•'APPLICANT filing this questionnaire. (Pint full name of Applicant) I have read this'questionnaire 'anch the cd nts-and 911'statements are iiue ,-cbrrect asc"com iete:' State of bwX�i doounty of X The foregoing instrument was acknowledged before me this (S' cure of Applicant) . �;;. �;:;-��-.. ��:��tlay_ of a�Q� •� Dar of -Month Yav st ' ' JUAR! he SP My commtsston exqtres on• ' NOMA ICOPA G p CAUNTY� i ue\ i \ t 'D'ay 4SigLae.of NO.\RY PUBLIC FII:64NT. EHS�SECiION='0A'Y IF YOII`ARE'AY.}�CENS OR AGENT AP OVING`A MANAGER APPLICATION 25. I, (Print Licensee/Agent's Name Last Mid First Hereby authorize the applicant to act as manager for the named liquor license. State of County, of The foregoing instrument was acknowledged before me this clay of , (Signature of LICENSEE/AGENT) , Pwof Monty Month. .� . You My -commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) March 26, 2003 To Whom It May Concern: i A C) q 545-7 Oul-C 1003 MAR 2b P During the period from approximately January 1993 to September 1994, I held ownership in Flyboys, Inc., a Colorado corporation. The corporation operated two (2) restaurants in Denver, Colorado, both of which held liquor licenses. The names of the establishments were No Frills Grill and Paddy Boots. To my knowledge, no violations or incidents were reported during my ownership period. Neither liquor license remains in operation as of this date. If you have further questions, please feel free to contact me. Sincerely, ' e A Shane Lo ss 13637 N Mesquite Lane Fountain Hills, AZ 85268 480-836-8797 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor _ 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 5(�;� 1-1352 (602) 542-5141 u (520) 595 CERTIFICATION OF COMPLETED ALCOHOL TRAINING PRO RAMS) OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY. DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION dividual Name (Print In dual 2fanature TYPE OF TRAINING COMPLETED d3 �3 ® BASIC ON SALE Date TrainingCompleted ® MANAGEMENT OFF SALE ® BOTH OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: /Ao`7 5457 NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION I'Fek 1I ,IV)k Company or Individual Name I -N�I EL v La.0C_" Address Q AZ- ��SV City State ° Zip Phone I Certify the above named individual has successfully completed the specified program(s). nn\-�y \i� \ \So1� Trainer Name (Print) 5 Tftwf Sign re Date Trainer nivo on final of completed form to trainee, photocopV and maintain com feted document for your records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). t^ oletion of the Liquor License Training Courses is required at the issuance of a license. erson(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following owiier(s), licensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. uc 1021 01/1999 Disabled individuals requiring special accommodations please call (602) 542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL r 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 QUESTIONNAIRE 400 W Congress #150 Tucson AZ 85701-1352 (520) 628-6595 SOCIAL SECURITY AND BIRTHDATE INFORMATION IS CONFIDENTIAL BY LAW AND CANNOT BE DISSEMINATED TO THE PUBLIC Mill MAR ?G, D V). -iI, instrument is a sworn document. Type or print with black ink An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH NIAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPA�T�rytE.NT�{1F�IIJrp$-� THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. � (J ( 4 There is a $24.00 processing fee for each fingerprint card submitted Liquor License A service fee of $25.DO will be charged for all dishonored checks (A.R.S. 44.6852) / i D %�[II e �tion e,currently licensed) 1. Check appropriate box--*- ete # 2. Name: Ywr-e�'5 %WJ/f% AIA)/ / Date of Birch: Last First Middle (This Will Not Become a Part of lubUc Records) 3 . Social Security Number: 79(2e2fd53 Drivers License #: OOL'�69Q72-1 State: (T'his Will Not Become a Part of Public Records) 4 . Place of Birth: j,(�/�(1��/ f�/j L11SA9 Height: Weight: 1s-56 Eyes: _&& Hair: 6r� City State Country (not county) Marital Status ❑ Single ❑ Married [✓]Divorced ❑ Widowed Residence (Home) Phone: (AIS09)�- 6 Name of Current or Most Recent Spouse: A:!I— Li ) &Ml Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state?If Arizona, date of residency: a 8 Telephone number to contact you during business hours for any questions regarding this document. ; ❑Owner ❑Partner [Stockholder [?�Aember ❑Officer C94Agent ❑ Ma (Only) ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 4, 14a & 25) or Agent must corn or 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: �Q�//S 10/g( /ST�jQ,�jJj��,�J�I�j/jI , premises Phone: (- /� 11. Licensed Premises Address:16 E 42,4?leizo Street Address (Do not use PO Box #) City County Zip 12. List your employment or type of business dm-inR the past five (5) Years. if unemDloved part of the time- list those dates Lict mnst rprrnt i ct FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NANIE OF BUSINESS (Give street address, city, state & zip) . �% OZ CURRENT /1✓�� G /i%14 ,472E5 - SELFTC ,Cyoy� r li5Lol /� �S f}g 6 �/1`��� ���',Q//l/�%% �/1�- /iJr/TU/9L UFO //�S. ,v�G+7.Boxi .�•�n��.t r'✓ r ATTACH ADDITIONAL, SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate your residence address for the last five (5) years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet zivine name, address and phone number of landlord City State Zit) 6 CURRENT b o 03 0 , — ,e, �dlnA Di 0 bb / i �S� C -� � 5-9 L uu WWII — 1 -4— we �J—I- occUw III UUuu ucn please C.U1 tcw_l >4-'-YUG ra If you checked the Manager box on the front of this form skip to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will yo be physically present and operating L9 YES NO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) 2YES ❑ N If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ❑ YES ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned, had sentence ❑ YES Td'N0 suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or I -]YES 41,?6 summonses PENDING against you or ANY entityin which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES p�O had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or vied in this or any other state? 19. Has anyone EVER fded suit or obtained a ly4ement against you in a civil action, the subject of which Cl YES ttt0 involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other liquor license in this or any other state? ❑ YES DINO If any answer to Questions 15through 20 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 1VA1aaia;;c► �-yc� uvia 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES ONO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE ofa new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes",' how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, ��� OVA hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are -true, correct and com lete. State of �/� ounty of X The foregoing instrument was acknowledged before me this (S lure of Applicant) w s•Ctt �, t_w �{ \ . c2=day of y D4Y. of Month Yew OFRC JUANITA A. ESPARZA 13 My, commission expu-es onAy�f Norwral,auo�a 200° " '(Signature of NOTARY PUBLIC) .. FILL IN*TMS SECTION ONLY. IF YOU ARE A LICEA9E'6kAGENT AP�ROVING A 1VIANAGER APPLICATION 25. I, (Print Licensee/Agent's Name)' Last Hereby authorize the applicant to act as manager for the named liquor X (Signature of LICENSEE/AGENT)„ . Middle First State of County of The foregoing instrument was acknowledged before me this day of Dry of Month Month My -commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) Year Ole Curry Stu/ rI7�virr� e � DLLC pc iJ."001i of duovnr#S Tf/E e-1. 3 �dS - Re,41,WX175; ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 D�t rn AZ 85701-1352 (602) 542-5141 u + (520) 628-6595 CERTIFICATION OF COMPLETED ALCOHOL TRAINING PROGRAM(S) OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY, DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK. ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATION Individual Name (Print) Individual Si ature TYPE OF TRAINING COMPLETED 1 Q ® BASIC ON SALE Date Training mpleted MANAGEMENT ® OFF SALE ® BOTH ® OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: IA o r15q-57 NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION J N N 1 F E�_ W I L_ `)01\] Company or Individual Name Address Fb\A"t l c l -A - City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). YA Trainer Name (Print) Sig r Date Trainer qive on inal f completed form to trainee, photocopV and maintain completed document for Vour records. Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). )pletion of the Liquor License Training Courses is required at the issuance of a license. person(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following owner(s), licensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. uc 1021 01/1999 Disabled individuals requiring special accommodations please call (602) 542-9051 DLLC ARIZONA DEPARTMENT OF LIQUOR LICENWt#iC2Q �U 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6596 RESTAURANT OPERATION PLAN LICENSE # 0 1. List by Make. Model and Capacity of vnnr Gull �. Oven v?' f�oBA/eT' A (o BuI�ti1E� SYo u� Or>E�iJ Freezer Refrigerator 7-6AZ GS.4&4b - RANbEe.1_ C C. Sink > TAT -No S GJ c rr! Dish Washing Facilities ,l9U _/'o W �f Food Preparation %VZ-ff9A -PAP Counter (Dimensions) > T �AsUG P T' 36 ff Other �0 o8A�4 opt o 2. Print the name of your restaurant:Tbl�i9�.�1TE �,� �TAt�A/7 3. Attach a copy of your menu (Breakfast, Luncb and Dinner including prices). 4. List the seating capacity for: - a_ Restaurant area of your premises .5a. FIr, ] b. Bar area of your premises ( + C. Total area of your premises 5. What type dinnerware and utensils are utilized within your restaurant? UK Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If ye�s� what percentage of the public floor space does this area cover), El Yes , 'Y.� No 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) /6 D % *Disabled individuals requiring special accommodations, please calf the Department. Lc01aOt d VHE HE -ON NVLE:E 9661 'S aEW 12,01545 8. Does your restaurant Contain any games or television? 1pp31�AR 2b 0 � Yes ZZXo (If yes, what types and bow many? Pool tables, Video Games, Darts, etc.) 9. Do you have live entertauunernt or dancing? ❑ Yes 9No (If yes, what type and how often?) IQ Use space below or attach a list of etnnlovee nesitions and their (ititip-c to fittty ern FFAin, hereby declare ttiat I am the APPLICANT filing this application. I have (Print full na{ne) read their applicadon and 'ontents and all statements tnu, correct.and complete. Start of /�/'F'Fn ,W County of me foregoine'instrument was acknowledged before me this (16ature of APp CAN`1) Day of IV My commission expires on:: LAUREL'MCKEOWN Notary Public - Arizona y `r' Maricopa County . My Commission Expires t: T 2004 Month Yew Y PUBLIC) d bEZZ'ON W'd8E:E 9661 1S 1)Ew pLLC ARIZONA DEPARTMENT OF LIQUOR LICENSES f, gPWROL 1D03 MaR 2b 800 W Washington Rh Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628=6595 HOTEL -MOTEL AND RESTAURANT LICENSES RECORDS REQUIRED FOR AUDIT OF SERIES #11 & #12 LICENSES MAKE A COPY OF THMS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the department any documents necessary to determine compliance with A.R.S. 205.02_G. Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all Food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6_ A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc, with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupo>as/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 0511999 1 I I 1 I I. Iit 12. Payroll Records )9� ()� 5 +61 DLLC A. Copies of all reports,required by the State and Federal Government B. Employee Log (A-R.S. 4-119) 2�03 14Ap 2 b P 12: 35 C. Employee time cards (actual document used to sign in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages The sophistication of record keeping varies from establishment to establishment Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented_ REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A_R.S. 210.A.7. AND A.R.S. 205.02.G. A.R.S. 210.A.7. The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records,' bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, saleand delivery of food. AILS. 205.02.G. For the purpose of this section: "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, Tint Ucensee/Agent's Name): y� �� Last First Middle have read and fully understand all aspects of this §tatcment. State of County of The foregoing instrument was acknowledged before me this X d of Signature of •censee/Agent) Day of M th � Month Year „ LAUREL P MCKEOWN / ,� �� 0y / Y Notary Public -Arizona , Mytomrnistionii5xpi on: `;Y f y commission Expires Day of Month Month Year (Signature of NOTARY PUBLIC) Ajar. 7, 2004 MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS 7 A tHZ'0N AbL,E:E 9H6 'G .'EA DANIEL'S PLACE / U1507 B R E A K F A S T DLLC .......... I............... .. Pancakes Buttermilk Full Stack...... $3.75 Short Stack...... $2.95 &. Things 1003 MAR 2 6 P 12: 35 Buckwheat Cakes ................ $3.75 Buckwheat Cakes & Eggs..... $4.95 Buttermilk Cakes & Eggs..... $4.50 _ Blueberry Cakes ................... $4.75 Buttermilk Cakes served with your choice of Bacon, Sausage or Ham..... $5.50 French Toast ........................ 25 $4. Belgian Waffle .................... $4.95 Biscuit & Gravy With strawberries .... $5.50 LaFrancese..................................................................................... $ 6.25 French Toast with Two Eggs and Bacon HoleIn One..................................................................................... $5.75 Short Stack of Buttermilk Cakes, One Egg and Two Links of Sausage Belgian Breakfast....-............................................................................ $6.25 Belgian Waffle with Two Eggs and Bacon ,lI \... L'yy ........... • ... ............... • ........ `V .. ,.'.�L'.. ,../ L\�a.l �a i.�.i. \i'd.: . SZde Orders ) s�� Nf �� -col stir • z 2, !!- . English Minn, Raisin, 9 Grain, Sourdough, Rye, White Toast or Tortillas.... $1.50 One Egg ............................... $1.50 Hashbrowns........................ $2.50 Cinnamon Roll'....., ..... ........ ',.$2.50.. , Ham, Link Sausage, Italian Sausage or Bacon ................................... $2.50 SideSalsa .............................. $.35 Beverages Coffee ................................. $1.50 Espresso.............................. $2.25 Raspberry Iced Tea ............... $1.75 Cappuccino ... ............... $2.95 Sodas. 'io v ��.�nT �� ::. .. � t, ! .n ....e.. $� . 73 Tomato Juice.: . Small.... . $1. 90 juice...................Small........ $2.1 S Large........ $2. 25 Large......... $2.50 Milk ................. Small......... $1.65 Hot or Iced Tea ................... $1.75 Large......... $1.95 DANIEL'S PLAdE5�5, C Antipasti 2003 MAR 2b P 12: 35 CalamariFritti............................................................................... $6.95 ZucchiniFritti................................................................................. $5.95 Mozarella Garlic Bread.................................................................... $3.75 ChickenStrips.................................................................................. $6.95 Fried Mozarella Sticks...................................................................... $5.95 Insalata Insalata Della Casa......................................................................... $6, 95 Salami, pepperoncini, croutons, mozzarella, black olives, tomatoes, onion and green pepper Insalata Caesar .................... $5.95 with grilled chicken ............ $8.25 Zuppa Del Giorno Cup..................................... $2.25 Bowl.................................. $3.50 Italian Pizza (Available in 12" and 16" also) Napolitana............................................................................. MY $9.25 Fresh sliced tomato, eggplant, garlic, onion, olive oil, oregano and mozzarella Uegatali.......................................... ....... ................................ 10" $10.50 Mushrooms, zucchini, tomato, spinach, onion, olive oil, mozzarella and seasonings Pizza Della Casa...............................................................10" $10.50 Our sauce, Italian beef, onions, green pepper, hot gardinara & mozzarella Calzone.................................................................................10" $9.45 Ricotta, romano and mozzarella cheese with prosciutto & our special meat sauce Daniel's Pizza Cheese only 10"..... $6.95 12"....... $9. 75 16"..... $12.15 Pan pizza 101)...... $7. 90 12".... $10. 45 16"..... $12. 95 Each extra ingredient 10 "...... $1, 25 121 ...... $1. 40 16 "....... $1.75 Daniel's Special 10 ".... $12. 75 12" .... $15. 25 16" ..... $19. 3 5 Italian sausage, pepperoni, mushrooms, black olives and green peppers Extra Ingredients Italian sausage, pepperoni, bacon, italian beef, broccoli, mushrooms, black olives, tomato, hot gardinara, jalapenos, onions, garlic and green peppers Beverages Coffee ........................................ $1.5 0 Hot or Iced Tea ........................... $1.75 Raspberry Iced Tea ...................... $1.75 Espresso..................................... $2.25 Sodas & Lemonade ...................... $1.75 Cappuccino................................ $2.95 Sandwiches Served with choice of french fries or salad ChicagoReuben................................................................................ $6.95 Corned beef, sauerkraut, thousand island dressing and swiss cheese grilled on rye bread PattyMelt...................................................................................... $6.95 112 pound burger with grilled onions and american cheese grilled on rye bread BellyBuster..................................................................................... $6.95 112 pound burger with american cheese and bacon TexasBurger.................................................................................... $7.50 112 pound burger topped with bbq sauce, swiss cheese, grilled onions and bacon 112 pound Burger ...................... $5. 95 with cheese...................... $6.95 Alice In Wonderland........................................................................ $7.95 Grilled chicken breast on a kaiser roll topped with swiss cheese & served with lettuce, tomato & honey mustard TheMad Bird................................................................................. $6.50 Turkey, swiss cheese, bacon and tomato grilled on sourdough bread TheWall Street................................................................................ $ 7.5 0 Roast beef, swiss cheese, mushrooms, bacon & tomato grilled on sourdough bread ItalianBeef..................................................................................... $6.50 Served with either sweet peppers or hot gardinara GyroSandwich................................................................................ $5.95 Pita bread filled with Gyro, onions, tomato and our special Greek sauce Meatball Sandwich.......................................................................... $5.75 Homemade meatballs topped with our special meat sauce with either sweet peppers or hot gardinara Italian Sausage Sandwich................................................................. $6.50 Made in our kitchen with nothing but the freshest and finest ingredients, served Calabrase style with either sweet peppers or hot gardinara Entrees Served with soup or salad Spaghetti or Mostaciolli............... $8.25 Linguini wl Clam Sauce........... $12.95 Fettuccine Alfredo ....................... $8.75 Linguini Algide Olio ................. $8.25 Stuffed Pasta Shells .................... $ 9.95 Ravioli .................................... $9.75 Veal Parmi..giana..................... $12.95 Chicken Parmigiana................ $10.5 0 Roast Chicken wl Potatoes........... $8. 95 Liver & Onions wlPotatoes or Pasta..... $6.95 Your eggs can be cooked to order • Hamburgers and steaks can be cooked to order • Sunny-side up eggs may increase the risk of food borne illness • Eating undercooked hamburgers and steaks may increase the risk of food borne illness DAN I E L'S 1I 0l 5+5i DLLC 2003 MAR 2b P 12: 35 P LACE FINE ITALIAN CUISINE 16726 EAST EL PUEBLO BOULEVARD FOUNTAIN HILLS, AR IZONA 85268 (480) 837-4589 Antipasti BakedClams(6).............................................................................. $5.95 BakedClams(12)........................................................................... $9.95 MozarellaFritta.............................................................................. $5.25 CalamariFritti............................................................................... $6.95 MozarellaGarlic Bread.................................................................... $3.75 ZucchiniFritti................................................................................. $5.95 AntipastoMisto............................................................................... $8.50 Salami, mortadella, cappacolla, provolone, tomatoes and pepperoncini WYngs...................................... 112Dozen...... $3. 95........1 Dozen....... $5.95 Mild, Hot or BBQ I nsalata InsalataDella Casa......................................................................... $6.95 Salami, pepperoncini, croutons, mozzarella, black olives, tomatoes, onion and green pepper lnsalata Caesar .................... $5.95 with grilled chicken............ $8.25 Zuppa Del Giorno Cup..................................... $2.25 Bowl.................................. $3.50 Italian Pizza (Available in 12" and 16" also) Napolitana.............................................................................10" $9.25 Fresh sliced tomato, eggplant, garlic, onion, olive oil, oregano and mozzarella Vegatali.................................................................................10" $10.50 Mushrooms, zucchini, tomato, spinach, onion, olive oil, mozzarella and seasonings Pizza Della Casa ........ .................:..................................... 10" $10.50 Our sauce, italian beef, onions, green pepper, hot gardinara Fi mozzarella Calzone.................................................................................10" $9.45 Ricotta, romano and mozzarella cheese with prosciutto & our special meat sauce Daniel'. Pizza Cheese only 10"..... $6.95 12"....... $9. 75 16"..... $12.15 Pan pizza 10')...... $7.90 12".... $10.45 16"..... $12.95 Each extra ingredient 10 ....... $1. 25 12 "...... $1. 40 16 "....... $1. 75 Daniels Special 10".... $12.75 12".... $15.25 16....... $19.35 Italian sausage, pepperoni, mushrooms, black olives and green peppers Extra Ingredients Italian sausage, pepperoni, bacon, italian beef, broccoli, mushrooms, black olives, tomato, hot gardinara, jalapenos, onions, garlic and green peppers I%- Entrees Pasta Served with soup or salad and bread Spaghetti or Mostaccioli.......... $9.25 Linguini Algide Olio........... $9.25 Linguini with Baby Clams... $13.95 Linguini wishrimp & broccoli....... $13. 95 Fettucini Alfredo ................... $10.95 Spinach Fettucini................. $9.75 Lasagna ala Calabrese.......... $ 10.75 Manicotti Alforno................ 9.95 Gnocchi ................................ $10.50 Stuffed Shells..................... $10.50 Eight Finger Cavetelli with fresh basil and shrimp .............................. $13.95 Fettuccini Alfredo with Chicken....................................................... $15.95 Ravioli Stuffed with Ricotta Cheese and Spinach ................................. $10.50 Baked Mostaccioli with Ricotta Cheese ............................................... $10.50 Ca pellini Pasta available with our sauces Italian Sausage dish....... $2.50 Side order of Meatbais or available with any Chicken ChickenVesuvio............................................................................. $11.75 Sauteed with garlic, olive oil, white wine, spices and vesuvio potatoes Chicken Cacciatori........................................................................ $ 11.95 Sauteed with onions, green peppers, black olives, garlic, wine and marinara sauce. Served with Pasta. Roasted Rosemary Chicken Served with Pasta ........................................... $10.95 Chicken Parmigiana...................................................................... $12.5 0 Veal Served with soup or. salad, pasta or potato and bread VealMarsala................................................................................. $18.95 Sauteed with onions, mushrooms and Marsala wine Veal Parmigiana............................................................................ $13.95 Baked with Mozzarella and Meat Sauce VealPicata.................................................................................... $18.95 Dipped in egg then sautced with capers and lemon VealScallopini................................................................................. $18.95 Sauteed with onions, green peppers, mushrooms, white wine and marinara sauce VealSorrentino............................................................................... $15. 95 Veal and Eggplant layered together and baked with Mozzarella and Meat Sauce All orders are fresh and made to order: Sorry for any delays. Specialties Baccala a la Bolognese.................................................................... $12.25 Broiled Pork Chops.................................................................... $11.75 Eggplant Parmigiana...................................................................... $10.50 Rainbow Trout Almondine............................................................... $12.75 RibeyeSteak...................................................................................$15.95 SicilianSteak................................................................................. $15. 95 Broiled Top Sirlion..........................................................................$14.95 with teriyaki sauce and sauteed mushrooms BabybackRibs................................................................................ $10.25 FullSlab............................................................................... $18.95 Sandwiches includes French Fries or Salad 112 pound Burger ...................... $6. 95 with cheese....................... $7.50 ItalianBeef...................................................................................... $6.50 with either sweet peppers or hot gardinara Meatball Sandwich........................................................................... $ 6.25 Homemade meatballs topped with our special meat sauce with either sweet peppers or hot gardinara Italian Sausage Sandwich.................................................................. $6.50 Made in our kitchen with nothing but the freshest and finest ingredients, served Calabrase style with either sweet peppers or hot gardinara Beverages Coffee ........................................ $ 1.5 0 Hot or I ced Tea ........................... $ 1.75 Raspbeny Iced Tea ...................... $1. 75 Sodas & Lemonade ...................... $ 1.75 Espresso ..................................... $2.25 Cappuccino ................................ $2.95 Desserts Available Your eggs can be cooked to order • Hamburgers and steaks can be cooked to order • Sunny-side up eggs may increase the risk of food borne illness • Eating undercooked hamburgers and steaks may increase the risk of food borne illness ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 LOCAL GOVERNING BODY RECOMMENDATION MOWN OF Fountain Hills STATE APPLICATION NO. 12075457 COUNTY OF Maricopa , ARIZONA. UTWTOWN/C UUMNO. #104 ORDER NO At a Regular meeting of the Town council of theyC"/Town/ WNtV (Regular or Special) (Governing Body) of Fountain Hills held on the 1st day of 05 03 the (Day of Month) (Month) (Year) Application of Mia Nmn Yates for a license to sell spirituous liquors at the premises described in Application No. 12075457 , License Class # 12 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Mia Yates is hereby recommended for Approval (approval/disapproval) a license to sell spirituous liquors of the class, and in the manner designated in the Application. IT IS FURTHER ORDERED that a Certified Copy of this Order be immediately transmitted to the Department of Liquor Licenses and Control, Licensing Division, Phoenix, Arizona. GrKY/TOWNA90Uk Y CLERK DATED AT Fountain Hills This 1st day of 05 03 (Day of month) (Month) (Year) ' Disabled individuals requiring special accommodations please call the Department fic 1007 08/1997 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 (*D (520) 628-6595 Date of Posting: 04/ 04/ 03 Applicant Yates Last AFFIDAVIT OF POSTING Date of Posting Removal: 04/24/03 First Middle Business Address: 16726 East El Pueblo Fountain Hills 85268 Street city Zip License #: 12075457 I hereby certify that pursuant to A.R.S. S 4-201, I posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Bevelyn J. Bender Town Clerk (480) 837-2003 ex. 115 Print Name of City/County official Title Telephone # 05/01/03 Date signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 L kO119 03/1999 7 Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Public Works Consent.® Regular:-1 Meeting Dated 5/l/03 Contact Person: Tom Ward Type=ofD&innent Needine Annroval (Check all that anvil ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: C+"t�i�iici��'ritiv'�(Chec Aryvvrtfnriat� [areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation MidI FROMor"dilniz� Consideration of the liquor license application submitted by Christopher Noteboom for Nick Morgan's Sports Grill located at 16737 E. Parkview. The application is for a transfer of a Class 6 (bar) license. Approve No Purpose of Item and Background Information: To obtain Council approval for a transfer of a Class 6 (bar) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the Town Marshal based on his background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List AH Attachments as Follows Ward memo; Martinez memo; application front page Tvge(s) ofPresentation Consent Agenda Si oit'ak"J�h `6ini ing`5taff r X1",01fl De artment Head 03 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor Beydler and DT: April 10, 2003 Town Council FR: Tom Ward RE: Nick Morgan's Sports Grill Wo s Director of Pub -irk Liquor License Application I Christopher Noteboom is requesting Council approval for a transfer of a Class 6 liquor license for Nick Morgan's Sports Grill located at 16737 E. Parkview. A Class 6 license is for bar use only. A Class 6 license allows a bar retailer to sell and serve spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. Public Works and the Town Marshal have reviewed the application. It meets the statutory requirements for a Class 6 liquor license. The applicant is an Arizona resident and has no outstanding wants or warrants. The applicant have applied for and received a Fountain Hills business license. Based on statutory compliance and a favorable recommendation from the Town Marshal, staff recommends approval. MID Daniel's Place Liquor License Application.doc Page 1 of 1 TOWN OF FOUNTAIN HILLS ., MARSHALS DEPARTMENT INTER OFFICE MEMO TO: Bev Bender, Town Clerk DT: 04/10/03 FR: Ken Martinez, Interim Town Marshal RE: Liquor License — "Nick Morgan's Sorts Grill" The purpose of this memorandum is to provide a review of the attached liquor license application for the "Nick Morgan's Sports Grill" located at 16737 E. Parkview Fountain Hills AZ. BACKGROUND INVESTIGATION: This application is for a "Bar" Class 06 liquor licenses under the specifications of ARS 4-205.02. A license, number 06070466 has been issued and is valid until 01/31/04. Allows a bar retailer to sell and serve spirituous liquors, primarily by individual portions, to be consumed on the premises and in the original container for consumption on or off the premises. A Class 06 does not allow an establishment within 300' of either a school or church. This location well exceeds that limitation. This location has previously held a Class 06 "Bar" license. The applicant, Christopher Kiel Noteboom, is an Arizona resident under the provisions of ARS Title 28. I have verified that there is business license on file for "Nick Morgan's Sports Grill" until 11/01/03. RECOMMENDATION I am therefore recommending approval. Kmartinez;KLM;E:\My Documents\L IQUOR\Liquor Approval Memo -Nick Morgan's Sports Grill.doc;Created on 4/10/2003 10:35 AM ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Tucson AZ 85701-gJ Phoenix AZ 85007-2934 � _ - V (602) 542-5141 - -• (520)���L�""J APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT LA K` INK FOV Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners Stockholders Officers or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION 1 This application is for a: ❑ INTERIM PERMIT Complete Section 5 ❑ NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 PERSON TRANSFER (Bars & Liquor Stores ONLY) Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE .Complete Sections 2, 3, 4, 9, 13, 15, 17 (fee not required) ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 SECTION 3 Type of license and fees: SECTION 2 T �� ,F-03 Type of ownership: , w-;Ik 3 ❑ J.T.W.R.O.S. Complete Section 6 67"O.h00 ❑ INDIVIDUAL Complete Section 6 ❑ PARTNERSHIP Complete Section 6 ❑ CORPORATION Complete Section 7 l$ LIMITED LIABILITY CO. Complete Section 7 ❑ CLUB Complete Section 8 ❑ GOVERNMENT Complete Section 10 ❑ TRUST Complete Section 6 ❑ OTHER Explain LICENSE ll: OAP& 10 H 401P 1. Type of License: � (�) (-P 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) c Q' 6j (.ac)� a Mr. 1. Applicant/Agent's Name: Ms. (Insert one name ONLY to appear on license) Last First Mi Corp. /Partnership/L. L. C.: (,( C (3 �C) _R 1'7 (Exactly as it appears on Articles of Inc. or Articles of Org.) I h 3. Business Name: (Exactly as it appears on the exterior of premises) _ 1�( 4. Business Address: Cod 3? l�yJ '� C�� t�y"� 1t- ( ( St (�i t � nnI'-/ay.1. c6p6 (bo of use PO Box Number) City COUNTY Zip 5. Business Phone: (4(t) R.�(p, '-6r 7�d Residence Phone: 6. Is the business located within the incorporated limits of the above city or town? WES ❑NO 7. Mailing Address: �(,e -7 E , 0 \� City' State 8. Enter the amount paid forC06,)07, or 09 license: $ (Price of License ONLY) Accepted by: Fees: iLo Application Interim Permit DEPARTMENT USE ONLY Date: -1 _0 �) Agent Change Club A-)-- S2a Zip Lic. # n(Do9oqL0L,--2 an q ____ F. Prints TOTAL PROCESSING APPLICATIONS TADS APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. Lic oloo lvz000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2 3 4 There MUST be a valid license of the same type you are applying for currently issued to the location. Enter the license number currently at the location. C'; CS 1p `p Is the license currently in use?MYES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name) PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. 0State ounty of X Toeg}rmwas acknowledged before me this day of & (�- l l — , ;'t.. 6 , Day of Month Month Year OFFICIAL SEAL My commission expires JUANITA A. ESPARZA h41taICOPA GOB t4ty Commission Ezpir" JOY 30. 2000 of NOTARY SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMTT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Individual Last First Middle % Owned Residence Address Partnership Name: (Only the first partner listed will appear on license) General-T.imited Tact F;—t Ad;A.Ito ei n.. -A n :a _ e.J.1____ State ❑ ❑ ❑ ❑ ❑ ❑ ❑ 01 % kA t IAUti ADL)fi 1UNAL SHEET LF NECESSARY) 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO 2 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. DI I-C, L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copy of E4rp�,les of Org. and Operation Agreement. 1. Name of Corporation/L.L.C.. (Exactly as it appears on Articles of Inc. or Articl s of Org.) 2. Date Incorporated/Organized: I & i 1- 0 Z- State where Incorporated/Organized: a , t"'s fZ, 3. AZ Corporation Commission File No.: (_— l U' tig 11 Date authorized to do business in AZ: 4. AZ L.L.C. File No: Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YES 7NO If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last First Miri(il. 741. D....C.L.--- " 14 N W?t�.� ZoZ to (AI IAt-M AL)U1f11UNAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10% or more: mulwc 70 vwnea Kesioence AndreSS City State Zi s l7e► Lc�p�'��LU 1� Cr �1�90 9,05—ae, ST- \.tea at'l­ Auul llvlv!'LL. a=r_1 it 1YGlJ LJJAI(TI 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC010111, AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD 1. Name of Club: (Exactly as it appears on Club Charter) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Last First Middle Date Chartered: Residence Address (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 (Attach a copy of Club Charter) u SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: (Exactly as it appears on license) Last First Midd 2. Assignee's Name: Last First Middle 3. License Type: License Number: Date of Last Renewal: ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: 2. Assignee's Name: Last Last First First Middle Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM NYMCH SPIRITUOUS LIQUOR IS SERVED SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: �� I�� M Q� �� �� t3L Entity: (Exactly as it appears on license) Last First Middle (Indiv., Agent, etc.) 2. Corporation/L.L.C. Name: (Exactly as it appears on license) c 3. Current Business Name: It yid�a Iis ��lQ! LC: (Exactly as it appears on license) 4. Current Business Address: L, 67 -T ca QL) 5. License Type: License Number: ��_� (:� c � Last Renewal Date: 6. Current Mailing Address (other than business): 1rJ I C(�) R_C �Y 4i 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? YES ❑ NO 8. Does the applicant intend to operate the business while this application is pending? %YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. I,m 1,)� N, declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) STOCKHOLDER or LICENSEE of the stated license. I have read this section and the contents and all statements are true, correct and complete. State of County o Is X The forego' g ins ent was lmowledged ef�ore`-mee thi (Signature o C IC SEE)_ Day of Month 00n, Year OFRCIAL SEAL JUANITA A. ESPARZA IC My commission expires on: NOTARY 0ICOPA COLRI Y I (Signature of NOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) C LICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTj�uuU ffP`ROVED BY THE STATE. 1. Current Business Name and Address: (Exactly as it appears on license) 1003 APR - _I P 1: Ob 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: 4. What date do you plan to move? License Number: SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school:$zS<) ft (Regardless of distance) 2. Distance to nearest church: Li ft (Regardless of distance) Last Renewal Date: What date do you plan to open? Name/Address of school Name/Address of church: 3. am the: LESSEE ❑ SUBLESSEE ❑ OWNER 'f '�SISc�(41t� ❑ PURCHASER (of premises) 4. If the premises is leased give lessors name and address: 4a. Monthly rental/lease rate $ v� �� t(1fPj What is the remaining length of the lease? �� ��, yrs. most ►'�nar �o 4b. What is the penalty if the lease is not fulfilled? $��� (� or other (give details - attach additional s et if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ Does any one creditor represent more than 10% of that sum? ❑ YES ❑ NO If yes, list below. Total must equal 100%. Middle 17 Oweri (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) 7 . Has a license or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES O�IO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? DYES �0 9. Is the premises currently licensed with a liquor license? )d YES ❑ NO If yes, give license number and licensee's name: License #�-�(Exactly as it appears on license) Name 61 SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES ❑ NO If yes, give licensee's name: Last First Middle and license #: 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? ❑ YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL box es "at apply to your licensed raises: CJ Liquor storage areas ❑ rive -in windows ❑ Patio enclosures LU' Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. JVU_Dt-_ Q� L4 o� D a 4-' YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. SECTIQN 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile radius of your proposed location. 3. CPrTr L� 4. 5.l�c�z� 6.�C�l 7.�(Z+ -si brtv 9. 10. 11. 12. 13. 14. 15. (ATTACH ADDITIONAL SHEET IF iECESSARY) O ----- Q SECTION 17 mature Block: Q r Q 0 0 eclare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name of APPLICANT/AGENT listed in Section 4 Question 1) application; 2) I have read the application and the contents and all statements are true, correct and complete; 3) that this application is not being made to defraud or injure any creditor, taxing authority, regulatory authority, or transferor; 4) that no other person, firm, or corporation, except as indicated, has an interest in the spirituous liquor license for which these statements are made; and 5) that none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. State of County Of �C4—k.-, I U X C:]F instrumen was acknowledged before me this �s` (Signature) day of Mon Year OFFICUL SEAL JUANITA A. ESPARIA My commission expires on: NOTARY _U-ARI7.ONA My Canmiuion Eagr» Ju y a0, xooe ignature of NOTARY PUBLIC) 7 SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates your proposed locati and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed location. (See example below) A = Applicant Series 12 01 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 St. Anthonys Church 10 St. Anthonys School 11 Burbank Middle School -� M i . 12 First United Baptist Church 13 14 15 A.R.S. Section 4-207.A reads as follows: 1-1 Mi. N 11� Mi. A. No retailers license shall be issued for any premises which are. at the time the license application is received by the Director, within three hundred(300) horizontal feet of a church, within three hundred(300) horizontal feet of a public or private school building with kindergarten programs or any of grades one(1) through twe,lve(12). or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. P] 10 f ARIZONA DEPART1VLENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 0 (602) 542-5141 QUESTIONNAIRE 400 W Congress #150 Tucson AZ 85701-1352 (520) 628-6595 SOCIAL SECURITY AND BIRTHDATE INFORMATION IS CONFIDENTIAL BY LAW AND CANNOT BE DISSEMINATED TO LTbe PUBLIC Read Carefully , this instrument is a sworn document. Type or print with black ink An extensive investigation of your background wile cPUluctTd. t±Ilsl.ofAcomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each tin?erprint card submitted. A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) Liquor License # V(-S,dZ `�14 �o(,- bn ( If the location is currently licensed) 1. Check Downer ❑Partner ❑Stockholder ❑MemberFZjOfficer ❑ Agent la Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box-110- Licensee or Agent must complete # 25 for a Manes er Licensee or A ent must complete # 25 2. Name: O`-\ C(�`�4��� 1�t�Z. Date of Birth: `-<y '( 1 Last Fast Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: 27 -Z 5 3 Drivers License #: j�7 �5 J(� State: /L'cz— (This Will Not Become a Part of Public Records) 4 . Place of Birth: ±Lk4 MOQJ 1` - , t �S P�- Height: Weight. S Eyes: Hair: 6k--1j City State Country (not county) 5. Marital Status ❑ Single Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (�$) 3D- ��_ -3 y"� (4611 . Name of Current or Most Recent Spouse: _A�r--o"- �C ) f2C,-IIJiq' ldky C,-UPDate of Birth: (List all for last 5 years - Use additional sheet if necessary) Last zz fii'-'' rst Middle Maiden 1 7. You are a bona fide resident of what state? 4q( Z gt - If Arizona, date of residency: 9 r' 1 - e o b ( 8 Telephone number to contact you during business hours for any questions regarding this document. 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: ��( �'i'1d�`C,( S ( VPW- remises Phone: (46)&3CO- 02�>D 11. Licensed Premises Address: —4�2 EIR'It E123 IC J071P 1 P 105 Street Address (Do not use PO Box 1) City County Zip FS� /_ 12. List your emnlnvment nr tvne of hnsinpcs tlnrina the nnet five (5) vpnrc if nnPmnlnvPti nart of the times lict th— (intac 1 ;c+ ,.. f moo. —+ 1 �+ C, 6� FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) �� C� 771-i s� c �-(162 Y U ev --- T ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION e 13. Indicate vour residence address for the last Five (5) vears- F ROM Month/Year TO Mouth/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet 'ving e, address and phone number of landlord City State I Zip i .1 `6 URRENT a * I (-c ( Q-1i JZL>2 LP& Crv`�i - �Z Is, to cSc>�o i 4;� L� (�z. Disabled individuals req sped ccommo aeons please call ( _) S42- 27 , y If you checked the Manaver box on the front of this form skin to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating Q YES LINO the licensed premises ? If you answered YES, how many hrs/day?, answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES n/N0 If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned, had sentence suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or fined in this or any other state? 19. Has anyone EVER filed suit or obtained a jud)zment against you in a civil action, the subject of which involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other liquor license in this or any other state? YES ❑ NO YES ❑ NO ❑ YES ®NO ,/YES ❑ NO ❑ YES VNO YES ❑ NO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) *ES []NO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ht/(I'�_10 If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating t9, Oe operation or management of this business? ❑ YES ` t0 If "yes", attach a copy of such agreement 24. I, hereby declare that I am the APPLICANT filing this questionnaire. (Mnt full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. State of Uet Countyof t C X The foregoing instrument was acknowledged before me this (Si e o ) _day of —"�� Dayt of Month _ `op Year �� OFFICIAL SEAL My commission expires On: IN�'"JUANITA A. FS PAR vA �tiiontltRl=Q'I`tdt Year (Signature of NOTARY PUBLIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENS E OR AGEk APPROVING A MANAGER APPLICATION 25. I, Tdat Licensee/Agent's Name). Last Middle First Hereby authorize the applicant to act as manager for the named liquor license. State of Afao-14cl_County of The foregoing instrume was acknowledged before me this X day of _ l� aoo Signature of LICE �� Day of Month Month , Year IM OFFICIAL SEAL My commission expires on: JUAMTA A. FSPA tAICOPA gL'y'�i'A Year � , (Signature of NOTARY PUBLIC) FP— ,A,ty 30, Z07e N I 006 Ron 17N �w cm 0 F LIQUOR LICENfJ &CONTROL ARIZONA DEP A.s. ��E�N-T O Q 4.00 W Congress r 150 800 W Washington 5th Floor Tucson AZ 85701 Phoenix A.Z 85007 (520) 628-6595 a.::,ru ,._ems OBTAIN ONALS OF THIS FORM FROM OLLC-00 NOT PHOTOCOPY, OOCUMEHTtS COMPUTER SCANNED. TYPE OR PASNT RIGWITH BLACK INK A >rr int R'ei141t f3 PROGRAM.IND.IVIDUAL:INFORMATtfl[d'. TYPE OF 7RAININU UUM"L_� Cu BASK ON SALE ate i raining L4rnp tea ® OFF SALE MANAGEMENT BOTH ® OTHER IF TRAINEE IS EMPLOYED BY A LICENSEE: �UCENSEEINAMEOFT LINE �NAM�E��� UQt10R LICENSE NUMBER Chandler C �v I Certify the a ainer S?OnatUrff Trai r oive/rl a1 of ARIZONA LIQUOR INDUSTRY CONSULTANTS Company or Individual Name P.O. Box 2502 Az. 85244 (602)813-1364 State Zip Phone named individual has successfully completed the specified program(s). Brian.Andersen to trainee. photoccoy and maintain Completed document for vour recorb9. rrf�for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(G)(2). Marv_4ancy Liquor Ll�Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s) required to attend both the Basic Liquor Law and Management Training, (either cn-sale or oti-sale), will include all of the lolbwiN owner(s), licensee/agent or manager(s) WHO ARF ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF: THE BUSINE$5. Proof of attendance within the Last five years for the required courses mint be submitted to the DepanYnent before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agroof ent Change for an existrig license, proof attendance fr•r the Basic Liquor Law and Management Training (either on -sale or off -sale) will be required. uc 1021 o:�a Disabled individuals requiring special accommodations please call (602) 542-9051 - ARIZONA DEP 'MENT OF LIQUOR LICENSO & CONTROL 400 W Con guess #150 800 W Washington 5th Floor Tucson AZ 85701 Phoenix AZ 85007a (520) 628-6595 (602) 542-5141 n I I r,' ' , ' CERTIFICATION 0 ,CQ fTED A -COHOL TRAINING PROGRAM(S� -_ nnTAIty nRir;INALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WIT'ri BLACK INK - TYPE OF TRAINING COMPLE I LU —c) BASIC Ej ON SALE rani^; _� npleied MANAGEMENT ® OFF SALE ® BOTH OTHER IF TRAINEE IS EMPLOYED BY^A LICENSEE: --cc All ItmnC'M NAME O THE LICENSEE BUSINESS NAME ALOOHOL TRA1NIfi1�a PRQGRAM,PROVDER INFORMATION ARIZONA LIQUOR INDUSTRY CONSULTANTS Company or Individual Name P.O. BOX 2502 Aodress CHANDLER AZ 85244 (602) 813-1364 city State Zip Phone I Certify the above named individual has successfully completed the specified program(s). BRIAN ANDERSEN / Trainer Name (Print) F Date T4grainer Si pm re er i crininal of completed form to trainee. ohotocoov and maintain completed document for vour records. Roo Mandatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.R.S. Section 4-112(6)(L). Completion of the Liquor License Training Courses is required at the issuance of a license. The person(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or ofi-sale), will include all of the following owner(s), licensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the last five years for the required courses must be submitted to the Department before the license application is considered complete. Before acceptance of a Manager's Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor aw and Management Training (either on -sale or off -sale) will be required. LIc 1021 01198 Disabled individuals requiring special accommodations please call (602) 542-9051 ARIZONA DEPARnlENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 go Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE (520) 628-6595 OCIAL SECURITY AND BIRTHDATE INFORMATION IS CONFIDENTIAL BY LAW AND CANNOT BE DISSEMINATED TO THEfyq.41C Read Carefully , this instrument is a sworn document. Type or print with black ink An extensive investigation of your background will be conjred,�'al ,,sT or�cojnp answers could result in criminal prosecution and the denial or subse t Frevocatlon of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each fingerprint card submitted. iquor License # act A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ' G ( If the location is currently licensed) sq 1. Check ❑Owner ❑Partner ❑Stockholder Member ❑Officer ❑ Agent ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) Complete All Questions excepl # 14, 14a & 25) box—� Licensee or A ent must com lete # 25 for a Mana er Licensee or A ent must complete # 25 2. Name: / V Last First ey FF Date of Birth: / ,o // / / 6 S Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: S-7 Drivers License #: 9--�-17 b State: -1114 (This Will Not Become a Part of Public Records) �r s y a�� 4 . Place of Birth: /L' ,, L f (J Q A ��� Height: / / Weight: % Eyes: Hair: wf City State COuntrp (not county) 5. Marital Status ❑ Single ❑ Married�Divorced ❑ Widowed Residence (Home) Phone: (70 7) 0a - 6. Name of Current or Most Recent Spouse: /�' �—�1 f1 �'4 `�' �1 ,� NR-' �444N "bate of Birth: S 3 7 ( I for last 5 years - Use additional sheet if necessary), Last First Mid(he Maiden 7. You are a bona fide resident of what state? ('�'9 / F00/4/r/f If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. ��)-75- 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. t 10. Name of Licensed Premises: �C(� M5 b?.c� � _`��1�� S� Premises Phone: 11. Licensed Premises Address: TYT Street Address (Do not use PO Box # City County �Zlp 12. List your employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st.y FROM Month/Year TO I Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Giv street address, city, state & zip) CURRENT S ��,&, �� % ol0bb la o70Z' �E/N��L,OPiN 6 / (r �N�' �ar�a 9�P, �( A. S ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) years: FROM Month/Year TO Month/Year RESIDENCE Street Address City State Zip CURRENT //' / T' ` E ! LIC 0101 I 1 Disabled individuals requiring special accommo • Mons please call (2) 5 - [f you checked the Manager box on the front of this form skip to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating El YES NO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES T6 NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or 2rYES ❑ N ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 16. Have you EVER been convicted, fined posted bond, been ordered to deposit bail, imprisoned, had sentence YES ❑ NO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or dru,L, related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES KNO summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES *NO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or fined in this or any other state? 19. Has anyone EVER -Fded suit or obtained a 'ud ent a ainst you in a civil action, the subject of which ❑ YES kr involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, or manager on any other liquor license in this or any other state? 'YES ❑ NO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 Manager Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) []YES If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, \ � ' ��/'C , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire an the contents and all statements are true, correct and complete. State of �. Z'i. County of NavaC X �ti The foregoing instrument was acknowledged before me this (' li t MAGGIE F. STEWART Z — 01_day of cOMM. # 1374319 Day of Month Mooch Year i NOTARY PUBLIC — CALIFORNIA < — My commission expires on: 7 NTY - "tj aY €M W6tbmm. ExXWSEP 12, M -,,' 0 4J6iature of N( LIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, Trint Licensee/Agent's N Last Middle First Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me X (Signature of LICENSEE/AGENT) day of Day of Month Month Year My commission expires on: Day of Month Month Year (Signature of NOTARY PUBLIC) 0 0 �/ � -s-- 'i 1AJ n J_ o 0 �1 �TA lqq i ARIZONA DEPARTMENT QF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 0 Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE (520) 628-6595 7CIAL SECURITY AND BIRTHDATE IN,?(NATION IS CONFIDENTIAL BY LAW AND CANNOT BE DISSE INN ED TO THE PUBLIC Read Carefully , this instrument is a sworn doqurtAgnt. W7Xor print with black ink An extensive investigation of your j4dg a of ' e co ducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10% OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT" TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each fmRerprint card submitted. Liquor License # Ncl`��.76 A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) ( If the location is currently licensed) 1. Check ❑Owner ❑Partner ❑Stockholder 31member ❑Officer ❑Agent appropriate Other ❑ Manager(Only) ❑ (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box---, Licensee or Agent must complete # 25 for a Manalzer Licensee or Agent must complete # 25 2. Name: Date of Birth: :l 1 (This Will Not Become a Part of Public Records) 3 . Social Security Number: �Z�, 2 Y(v�LLI� Drivers License #: 67:7225(65�1 lc� 3P_114 State: A-Z- (This Will Not Become a Part of Public Records) 4. Place of Birth: �`z�f)t�>� V S Height: 5I6 ,Weight: (� -) Eyes: �,3L Hair: Fpflje City State Country (not county) 5. Marital Status ❑ Single Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (gZ12) i_ 'l' 6 ' ame of Current or Most Recent Spouse: �1 u X io 0 CQf,[d AA1" !'U, f_ 6b0;90of Birth: i (7 (1 for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? A it ► ao o-, If Arizona, date of residency: ('�� 2 8 Telephone number to contact you during business hours for any questions regarding this document. (c11�� -� 9. If you have been a resident less than three (3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: �(J (� ((� L-�Q-Premises Phone: 11. Licensed Premises Address: `(C���y(?' K�l�-k� T"�► 5 ('(�� Street Address (Do not use PO Box # City County Zip 12. List your employment or type of business during the past five (5) vears, if unemployed part of the time, list those dates. List most recent 1st FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS T;; ; PLOYER!S NAME OR NAME OF BUSINESS j t (Give shoes address, city,,state,& aip), CURRENT F , � ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate your residence address for the last five (5) years: 4— ]D36( jp�Z0SZ)`-) FROM Month/Year TO Month/Year RESIDENCE Street Address City Zip d" CURRENT Z �� j�Statate 1 11) C(p (YVl V lei e� �kLj 2 . i! 1�F 11 %.- viut tuitWl Disabled individuals requinng special accommodations please call (bUZ) -,N42-9027 If you checked the Manager box on the front of this form skip to # 1S 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating LJ YES P 0 the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES O If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing HcenAe. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ❑ YES RN ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 16. Have you EVER been convicted, fined, posted bond, been ordered to deposit bail, imprisoned, had sentence ❑ YES tNO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES i,ZN0 summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER ❑ YES ANO had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or fined in this or any other state? 19. Has anyone EVER fded suit or obtained a judgment against you in a civil action, the subject of which ❑ YES , NO involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director, or manager on any other liquor license in this or any other state? ❑ YES V NO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details. Please be sure to include dates, agencies involved and dispositions. 1. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES EM) If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, tAEO(-- 6 io,' I , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read: this questionnaire and My commission the contents and all statements are true, correct and complete. ',//A State of �n County of KAREN J. ANNIZZARO 7,Alore' instrument was acknowledged before me this ofWlapafublic - ArizonaYAVAPAI COUNTY day of My Commission Expires ay of Month Month ' ^��Yur NOVEMBER 30, 2006 Day of Month Month Year (Signature of NOT LIC) FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I,(Print Licensee/Agent's Name) - Last Middle Hereby authorize the applicant to act as manager for the named liquor license. X (Signature of LICENSEE/AGENT) My commission expires on: Day of Month Month Year First State of County of The foregoing instrument was acknowledged before me t day of Day of Month Month Year (Signature of NOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542-5141 QUESTIONNAIRE (520) 628-6595 Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background che(9A nG but must be blocked to be unreadable prior to posting or any public view. Read Car ful this instru ent is a swot d m t. T Qr print with black ink An extensive inye$tiyt on of yqur I:% ro�nd �gjj e(l idu tet�Fa�Sg t co1pplete answers could result m crunin prosecution an got em su sequent revocation o a cense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (10`Y OR MORE), MEMBER, OFFICER OR MANAGER. ALSO EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT- TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT THE DEPT. FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY THE DEPARTMENT OF LIQUOR. THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. There is a $24.00 processing fee for each fingerprint card submitted Liquor License # A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) 16 4— q l ('% ( If the location is currently licensed) 1. Check Downer ❑Partner ❑Stockholder Member ❑Officer ❑ Agent I ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box—, 11 Licensee or A ent must complete # 25 for a Manager Licensee or A ent must complete # 25 2. Name: �_ V�(V �o �(Z rAFr(-b OCY) 012 Date of Birth: 10 ' t t"(c� Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: (3S'r2>'2- Drivers License #: State: ft (This Will Not Become a Part of Public Records) n. U 4 . Place of Birth: �,LFE,1 t Height: 0 Weight: Eyes: Hair: F_ City State Country —(not county) 5. Marital Status ❑ Single I Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (RZ5) 445 -412-t L. Name of Current or Most Recent Spouse: bE-Y r N�O( �A (t Q� �Yn n N()riFM 0 Date of Birth: 'S11-G5 (List all for last 5 years - Use additional sheet if necessary) Last First &fiAdle Maiden 7. You are a bona fide resident of what state? An ai--oOA If Arizona, date of residency: /t-&( -73 8 Telephone number to contact you during business hours for any questions regarding this document. (qZ6) q a5 - ^% 3 i (o 9. If you have been a resident less``thA three(3) months, submit a copy of driver's license or voter registration card. 10. Name of Licensed Premises: t I L 1 nY la 12, ✓fit i S � rU'-2; 6" L`— Premises Phone: 11. Licensed Premises Address: iS2? ��tyr�� �C.V�JI V`�I P3 t4i ucS V , agl lv Street Address (Do not use PO Box t) City County 12. List your employment or type of business during the oast five (5) vears. if unemoloved hart of the time. list those dates. List most recent is FROM MgndVYear TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S'NANIE OR NAME OF BUSINESS (Give street address, city, state & zip) CURRENT C fi2� 0)`1 F 1'100 tin �F'ut�c•% Pu ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate your residence address for the last five (5) Years: FROM Month/Year TO Month/Year Rent or Own RESIDENCE Street Address If rented, attach additional sheet giving name, address and phone number of landlord City State I Zip 103 CURRENT o3 ow o g 3 bE) -S� ; f (�„� � ,i. ac3 •� �•�I IV—wx tnsauien individuals requu•mg special accommodations please call (602) 542-9027 If you checked the Manager box on the front or this form skip to # 15 14.As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating ❑YES NO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a..Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑ YES NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing Hcense. , 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ❑ YES �1 ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or dru,q related. 16. Have you EVER been convicted, ffned posted bond been ordered to deposit bail, imprisoned, had sentence ❑ YES 1 NO suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations include only those that were alcohol and/or dru_Q related. 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE rejected, denied, revoked, suspended or ned in this or any other state? 19. Has anyone EVEREIed suit or obtained a judgment against you in a civil action, the subject of which involved fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer, member, director, or manager on any other liquor license in this or any other state? ❑ YES NO ❑ YES VNO ❑ YES q NO0k1 ❑ YES �No If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details.., Please be sure to include dates, a-encies involved and dispositions. If you checked the Manager box on the front of this form, fill in #21-23 and 24, all others skip the following box (21-23) and go to # 24 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) RYES [ If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE of a new license OR APPROVAL on an existing license. 22. Do you make payments to the licensee? ❑ YES ❑ NO If "yes", how much? $ per month. Total debt to licensee $_ 23. Is there a formal written contract or agreement between you and the licensee relating to the operation or management.of this business? ❑ YES ❑ NO If "yes", attach a copy of such agreement 24. I, ��m� n-TV�- (L "�y-+-l�boR-C J/L. , hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questionnaire and the contents and all statements are true, correct and complete. AState of 4'(WivA4A County of X My commission expires The foregoing instrument.was aclmowle ged before me this no ry Public -Arizona day of YAVAPAI COUNTY Day rMnnm Mouth Y=� My Commission Expires NOVEMBER 30, 2006A/, Day of Month Month Year FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of Manager 25. I, (Print Licensee/Agent's N Last Hereby authorize the applicant to act as manager for the named liquor license. State of I County of _ The foregoing instrument was acknowledged before me X (Signature of LICENSEE/AGENT) My commission expires on: Day of Month Month Year Middle First day of Day of Month Month Yw (Signature of NOTARY PUBLIC) t Q O 90 :I ci 41W AZ. CORP. COMMISSION FILED //OC T 11 2002 DLL C APPR._S acme � TERM ARTICLES OF ORGANIZATION Z003 APR -I P I : 0 b DATE i o i o z IO�d°I-I OF NOTEBOOM, LLC The undersigned does hereby adopt the following original Articles of Organization: 1. The name of the limited liability company shall be Noteboom, LLC. 2. The name and address of the only member owning a twenty percent or greater interest in the capital or profits of the limited liability company is Christopher Noteboom, 5626 West Butler Drive, Chandler, Arizona 85226. 3. Management of the limited liability company is vested in a manager or managers. The name and address of the initial manager is Christopher Noteboom, 5626 West Butler Drive, Chandler, Arizona 85226. 4. This company does hereby appoint Christopher Noteboom, 5626 West Butler Drive, Chandler, Arizona 85226, its initial statutory agent in and for the State of Arizona. 5. The registered address for the company is 5626 West Butler Drive, Chandler, Arizona 85226. Dated: October Jj. 2002. Christopher Noteboom CAData\Cpu4\Noteboom\Noteboom LLC.actides.doc 01 OPERATING AGREEMENT OF NOTEBOOM, LLC DLL D This Operating Agreement ("Agreement") ' an e. er d ' to as of this 7- day of, 12003, by and among Carol Devendorf, s ' em>�er'DonaRevendorf, as a Member, Jay Scott Rivera, as a Member, and Christopher Noteboom, as a Member and the sole Manager. ARTICLE I FORMATION, NAME, PURPOSES, DEFINITIONS 1.1 Formation. Pursuant to the Arizona Limited Liability Company Act (the "Act"), the parties have filed Articles of Organization of this Company with the Arizona Corporation Commission. The parties shall immediately, and from time to time hereafter, as may be required by law, execute all amendments of the Articles of Organization, and do all filing, recording and other acts as may be appropriate to comply with the operation of the Company under the Act. 1.2 Intent. It is the intent of the Members that the Company shall always be operated in a manner consistent with its treatment as a "partnership" for federal and state income tax purposes. It also is the intent of the Members that the Company not be operated or treated as a "partnership" for purposes of Section 303 of the federal Bankruptcy Code. No Member shall take any action inconsistent with the express intent of the parties hereto. 1.3 Name. The name of this Company shall be "Noteboom, LLC." 1.4 Place of Business. The registered office and principal place of business of the Company shall be 700 North Coronado Street, Apt. 2076, Chandler, Arizona 85224, or such other place as the Manager shall determine in his sole discretion. 1.5 Purpose. This Company has been formed to engage in acquisition, operation, and sale of restaurants and bars and may engage in any activities that are directly related to the accomplishment of such purpose. 1.6 Term. This Company shall commence upon the filing of its Articles of Organization and shall continue until such time as it shall be terminated under the provisions of Article IX hereof. 1.7 Members. The name and address of each of the Members of this Company are Carol Devendorf, 3161 Mountainview Drive, Prescott Valley, Arizona 86314, Donald Devendorf, 3161 Mountainview Drive, Prescott Valley, Arizona 86314, Jay Scott Rivera, 4481 Tanglewood Way, Napa, California 94558, and Christopher Noteboom, 700 North Coronado Street, Apt. 2076, Chandler, Arizona 85224. 1.8 Agent for Service of Process. The name and business address of the agent for service of process for the Company is Christopher Noteboom, 700 North Coronado Street, Apt. 2076, Chandler, Arizona 85224, or such other person or the Manager shall appoint from time to time. 1.9 Definitions. Whenever used in this agreement, the following terms shall have the following meanings: (a) "Act" shall mean the Arizona Limited Liability Company Act. (b) "Additional Member" shall mean any person who is admitted to the Company as an Additional Member pursuant to Article VIII of this Operating Agreement. (c) "Agreement" shall mean this written Operating agreement. No other document or oral agreement among the Members shall be treated as part of or superseding this Agreement unless it is reduced to writing and has been signed by all of the Members. (d) "Capital Account" shall mean the account established and maintained for each Member in accordance with this Agreement and applicable Treasury Regulations. (e) "Capital Contribution" shall mean any contribution to the capital of the Company in cash, property or services by a Member whenever made. "Initial Capital Contribution" shall mean the initial contributions to the capital of this Company made pursuant to Section 2.1 of this Agreement. "Additional Capital Contributions" shall mean the contributions made pursuant to Section 2.2 of this Agreement. time to time. (f) "Code" shall mean the Internal Revenue Code of 1986, as amended from (g) "Company" shall refer to Noteboom, LLC. (h) "Distributable Cash" means all cash, revenues and funds received from Company operations, less the sum of the following to the extent paid or set aside by the Manager: (i) all principal and interest payments on indebtedness of the Company and all other sums paid to lenders; (ii) all cash expenditures incurred incident to the normal operation of the Company's business; and (iii) such cash Reserves as the Manager deems reasonably necessary to the proper operation of the Company's business. 2 (i) "Fiscal Year' means the Company's fiscal year, which shall be the calendar year. 0) "Interest" shall mean the proportion that a Member's positive Capital Account (if any) bears to the aggregate positive Capital Accounts of all Members whose Capital Accounts have positive balances. (k) "Losses" shall mean, for each fiscal Year, the losses and deductions of the Company determined in accordance with accounting principles consistently applied from year to year under such method of accounting as may be selected by the Manager and as reported, separately or in the aggregate, as appropriate, on the Company's information tax return filed for federal income tax purposes, plus any expenditures described in Section 705(a)(2)(B) of the Code. (1) "Majority -In Interest" shall mean Members owning a simple majority of the Percentage Interests. (m) "Manager" shall mean Christopher Noteboom or any other person that becomes a manager pursuant to this Agreement. (n) "Member" shall mean each of the parties who executes a counterpart of this Operating Agreement as a Member and each of the parties who may hereafter become Additional or Substituted Members. To the extent a Manager has an Interest in the Company, he will have all the rights of a Member with respect to such Interests, and the term "Member" as used herein shall include a Manager to the extent he has purchased such Interests in the Company. (o) "Percentage Interest" shall be the percentage interests set forth in Section 6.1 hereof. (p) "Profits" shall mean, for each Fiscal Year, the income and gains of the Company determined in accordance with accounting principles consistently applied from year to year under such method of accounting as may be selected by the Manager and as reported, separately or in the aggregate, as appropriate, on the Company's information tax return filed for federal income tax purposes, plus any income described in Section 705(a)(1)(B) of the Code. (q) "Person" shall mean any individual and any legal entity, and their respective heirs, executors, administrators, legal representatives, successors, and assigns. (r) "Reserves" means, with respect to any fiscal period, funds set aside or amounts allocated during such period to reserves which shall be maintained in amounts deemed sufficient by the Manager for working capital and to pay taxes, insurance, debt service or other costs or expenses incident to the ownership or operation of the Company's business. 3 (s) "Treasury Regulations" shall mean the Regulations issued by the Treasury under the Code. (t) "Withdrawal Event" shall mean those events and circumstances listed in Act Section 29-733. ARTICLE II CAPITALIZATION OF THE COMPANY 2.1 Initial Capital Contributions. Each Member shall make the following contributions of property to the Company on or before , 2003: Carol Devendorf Donald Devendorf Jay Scott Rivera Christopher Noteboom $14,286 in cash $14,286 in cash $62,801.50 in cash $43,626.50 in cash The Members acknowledge that the Manager has previously acquired State of Arizona Liquor License No. 06070466, that such license will be assigned by the Manager to the Company, and that all reasonable costs incurred by the Manager in acquiring the license will be reimbursed to the Manager or, at the Manager's option, credited toward the Manager's required capital contribution under this section 2.1. 2.2 Additional Capital Contributions. No Member shall have any obligation to make additional capital contributions. 2.3 Capital Accounts. (a) Debits and Credits. A separate Capital Account shall be maintained for each Member in accordance with the applicable provisions of the Treasury Regulations: (i) Each Member's Capital Account shall be credited with such Member's Capital Contributions, such Member's share of Profits allocated to such Member in accordance with the provisions of this Agreement, any items in the nature of income or gain that are specially allocated pursuant to Section 4.3 hereof, and the amount of any Company liabilities that are assumed by such Member or that are secured by any Company property distributed to such Member. (ii) Each Member's Capital Account shall be debited by the amount of cash distributed to such Member in accordance with this Agreement, the gross asset value of any other Company property distributed to such Member pursuant to any provision of this agreement, such Member's share of Losses allocated to such Member in accordance with this Agreement, any items in the nature of expenses or losses that are specially allocated pursuant to this Agreement or required provisions of the Internal Revenue Code, and the amount of any liabilities of such Member that are assumed by this Company or that are secured by any property contributed by such Member to the Company. (iii) In the event any interest in this Company is transferred in accordance with the terms of this Agreement, the transferee shall succeed to the Capital Account of the transferor to the extent it relates to the transferred interest. (b) Interpretation and Changes. The foregoing provisions and the other provisions of this Agreement relating to the maintenance of Capital Accounts are intended to comply with the Code and applicable Treasury Regulations and shall be interpreted and applied in a manner consistent therewith. In the event the Manager shall determine, after consultation with Company counsel, that it is prudent to modify the manner in which the Capital Accounts, or any debits or credits thereto are allocated or computed, in order to comply with such applicable federal law, the Manager shall make such modification without the consent of any other Member, provided the Manager determines in good faith that such modification is not likely to have a material adverse effect on the amounts properly distributable to any Member upon the termination of this Company and that such modification will not increase the liability of any Member to third parties. ARTICLE III RIGHTS AND DUTIES OF MANAGER 3.1 Management. The business and affairs of the Company shall be managed exclusively by its designated Manager. The Manager shall direct, manage and control the business of the Company to the best of its ability and shall have full and complete authority, power and discretion to make any and all decisions and to do any and all things which the Manager shall deem to be reasonably required to accomplish the business and objectives of the Company. No Member other than a Manager shall have the authority to act for or bind the Company. 3.2 Number, Tenure and Qualifications. Christopher Noteboom shall initially be the sole Manager of the Company. The number of Managers of the Company shall be fixed form time to time by the affirmative vote a Majority -In -Interest of the Members, but in no instance shall there be less than one Manager. Each Manager shall hold office until the next annual meeting of Members or until its successor shall have been elected and qualified. Managers need not be residents of the State of Arizona or Members of the Company. 3.3 Certain Powers of Manager. Without limiting the generality of Section 3.1, the Manager shall have power and authority, on behalf of the Company: (a) To acquire property from any person as the Manager may determine. The fact that a Member is directly or indirectly affiliated or connected with any such Person shall not prohibit the Manager from dealing with that Person; (b) To borrow money for the Company from banks, other lending institutions, the Members, or affiliates of the Members on such terms as they deem appropriate, and in connection therewith, to hypothecate, encumber and grant security interests in the assets of the Company to secure repayment of the borrowed sums. No debt or other obligation shall be contracted or liability incurred by or on behalf of the Company except by the Manager; (c) To purchase liability and other insurance to protect the Company's property and business; (d) To hold and own any Company real and/or personal properties in the name of the Company; (e)- To invest any Company funds temporarily (by way of example but not limitation) in time deposits, short-term governmental obligations, commercial paper or other investments; (f) Upon the affirmative vote of a Majority -In -Interest of the Members, to sell or otherwise dispose of all or substantially all of the assets of the Company as part of a single transaction or plan so long as such disposition is not in violation of or a cause of a default under any other agreement to which the Company may be bound; (g) To execute on behalf of the Company all instruments and documents, including, without limitation, checks; drafts; notes and other negotiable instruments; mortgages or deeds of trust; security agreements; financing statements; documents providing for the acquisition, mortgage or disposition of the Company's property; assignments; bill of sale; leases; partnership agreements; and any other instruments or documents necessary, in the opinion of the Manager, to the business of the Company; (h) To employ accountants, legal counsel, managing agents or other experts to perform services for the Company and to compensate them from Company funds; (i) To act as "tax matters partner" pursuant to Section 6221 of the Code; (j) To make an assignment for the benefit of creditors of the Company, file a voluntary petition in bankruptcy or appoint a receiver for the Company, provided such action has been approved in advance in writing by a Majority -In -Interest of the Members; (k) To enter into any and all other agreements on behalf of the Company, with any other person or Entity for any purpose, in such forms as the Manager may approve; and (1) To do and perform all other acts as may be necessary or appropriate to the conduct of the Company's business. Unless authorized to do so by this Agreement or by a Manager, no Member, agent, or employee of the Company shall have any power or authority to bind the Company in any way, to pledge its credit or to render it liable for any purpose. However, a Manager may act by a duly authorized attorney -in -fact. 3.4 Manager has no exclusive Duty to Company. The Manager shall not be required to manage the Company as its sole and exclusive function and it may have other business interests and may engage in other activities in addition to those relating to the Company. No person shall have the right, by virtue of this Agreement, to share or participate in such other investments or activities of the Manager or to the income or proceeds derived therefrom. 3.5 Bank Accounts. The Manager may from time to time open bank accounts in the name of the Company, and the Manager shall be the sole signatory thereon, unless the Manager determines otherwise. 3.6 Indemnity of the Manager. The Manager shall be indemnified by the Company to the fullest extent permitted by Arizona law. 3.7 Resignation. Any Manager of the Company may resign as the Manager of the Company at any time by giving written notice to the Members of the Company. The resignation of any Manager shall take effect upon receipt of notice thereof or at such later time as shall be specified in such notice; and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Such resignation shall not affect such Manager's rights and liabilities as a member. 3.8 Removal. The Manager may be removed at any time, with or without cause, by the affirmative vote of a Majority -In -Interest of the Members. 3.9 Vacancies. Any vacancy occurring for any reason in the office of the Manager of the Company may be filled by the affirmative vote of a Majority -In -Interest of Members. 3.10 Salaries. The salaries and other compensation of the Manager of the Company shall be fixed from time to time by a Majority -In -Interest of the Members and no Manager shall be prevented from receiving such salary by reason of the fact that it is also a Member of the Company. Notwithstanding the foregoing, a Manager shall have no right to receive salaries or other compensation that are unreasonable or in excess of compensation to persons in similar positions of authority in other companies. ARTICLE IV RIGHTS AND OBLIGATIONS OF MEMBERS 4.1 Limitation of Liability. Each Member's liability for the debts and obligations of the Company shall be limited as set forth in Arizona law and other applicable law. 4.2 List of Members. Upon written request of any Member, the Manager shall provide a list showing the names, last known addresses and interests of all Members in the Company. 4.3 Approval of Sale of All Assets. The Members shall have the right, by the affirmative vote of a Majority -In -Interest of the Members, to approve the sale, exchange or other disposition of all, or substantially all, of the Company's assets which is to occur as part of a single transaction or plan. 4.4 Priority and Return of Capital. No Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Profits, Losses or distributions; provided that this Section shall not apply to loans (as distinguished from capital contributions) which a Member has made to the Company. ARTICLE V MEETINGS OF MEMBERS 5.1 Annual Meeting. An annual meeting of the Members shall be held annually at such other time as shall be determined by a Majority -In -Interest of the Members, commencing with the year 2003, for the purpose of the transaction of such business as may come before the meeting. 5.2 Special Meetings. Special meetings of the members, for any purpose or purposes, unless otherwise prescribed by statute, may be called by the Manager or by a Majority -In -Interest of the Members. 5.3 Place of Meetings. The Members may designate any place, either within or outside the State of Arizona, as the place of meeting for any meeting of the Members. If no designation is made, or if a special meeting be otherwise called, the place of meeting shall be held at the registered office of the Company. 5.4 Notice of Meetings. Except as provided in Section 5.5, written notice stating the place, day and hour of the meeting and the purpose or purposes for which the meeting is called shall be delivered not less than three nor more than fifty days before the date of the meeting, either personally or by mail, by or at the direction of the Manager or person calling the meeting, to each Member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered two calendar days after being deposited in the United States mail, addressed to the Member at his or her address as it appears on the books of the Company, with postage thereon prepaid. If transmitted by way of facsimile, such facsimile transmission to the fax number, if any, for the respective member which has been supplied by such Member to the Manager and identified as such Member's facsimile number. 5.6 Record Date. For the purpose of determining Members entitled to notice of or to vote at any meeting of Members or any distribution, or in order to make a determination of Members for any other purpose, the date on which notice of the meeting is mailed or the date on which the resolution declaring such distribution is adopted, as the case may be, shall be the record date for such determination of Members. When a determination of Members entitled to vote at any meeting of Members has been made as provided in this Section, such determination shall apply to any adjournment thereof. 5.7 Quorum. A Majority -In -Interest of the Members, represented in person or by proxy, shall constitute a quorum at any meeting of Members. In the absence of a quorum at any such meeting, a majority of the Interests so represented may adjourn the meeting from time to time for a period not to exceed 60 days without further notice. However, if the adjournment is for more than 60 days, or if after the adjournment a new record date is fixed for the adjourned meeting, a notice of the adjourned meeting shall be given to each Member of record entitled to vote at a meeting. 5.8 Manner of Acting. If a quorum is present, the affirmative vote of a Majority -In - Interest of the Members shall be the act of the Members, unless the vote of a greater of lesser proportion or number is otherwise required by the Act, by the Articles of Organization, or by this Operating Agreement. 5.9 Proxies. At all meetings of Members, a Member may vote in person or by proxy executed in writing by the Member or by a duly authorized attorney -in -fact. Such proxy shall be filed with the Manager of the Company before or at the time of the meeting. No proxy shall be valid after eleven months from the date of its execution, unless otherwise provided in the proxy. 5.10 Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by on or more written consents describing the action taken, signed by each member entitled to vote and delivered to the Manager of the Company for inclusion in the minutes or for filing with the Company records. Action taken under this Section is effective when all Members entitled to vote 0 have signed the consent, unless the consent specifies a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a written consent. 5.11 Waiver of Notice. When any notice is required to be given to any Member, a waiver thereof in writing signed by the Person entitled to such notice, whether before, at or after the time stated therein, shall be equivalent to the filing of such notice. ARTICLE VI PROFITS, LOSSES; DISTRIBUTIONS 6.1 Percentage Interests. The Percentage Interests of the Members are as follows: Carol Devendorf 9.3% Donald Devendorf 9.3% Jay Scott Rivera 40.7% Christopher Noteboom 40.7% 6.2 Profits and Losses. Subject to Section 6.4, each Member shall share in the Profits and Losses of the Company in proportion to their Percentage Interests. 6.3 Distributions. Except as otherwise provided in this Agreement, all distributions of cash or other property shall be made to the Members in proportion to their Percentage Interests on the record date of such distribution. Except as otherwise provided in this Agreement, all distributions shall be made at such time as is determined by the Manager. All amounts withheld pursuant to the Code or any provisions of state or local tax law with respect to any payment or distribution to the Members from the Company shall be treated as amounts distributed to the relevant Member or Members pursuant to this Section. 6.4 Special Allocations. (a) Qualified Income Offset. In the event any Member, in such capacity, unexpectedly receives any adjustments, allocations or distributions described in Treasury Regulation Sections 1.704-1(b)(2)(ii)(d)(4) (regarding depletion deductions), 1.704- 1(b)(2)(ii)(d)(5) (regarding certain mandatory allocations under Treasury Regulations regarding family partnerships, the so-called varying interest rules, or certain in -kind distributions), or 1.704-1(b)(2)(ii)(d)(6) (regarding certain distributions, to the extent they exceed certain expected offsetting increases in a Member's Capital Account), items of Company income and gain shall be specially allocated to such Members in an amount and a manner sufficient to eliminate, as quickly as possible, the deficit balances in the Member's Capital Account created by such adjustments, allocations or distributions. Any special allocations of items of income or gain pursuant to this subsection (a) shall be taken into account in computing subsequent allocations of 10 Profits pursuant to this Article, so that the net amount of any items so allocated and the Profits, Losses or other items allocated to each Member pursuant to this Article shall, to the extent possible, be equal to the net amount that would have been allocated to each such Member pursuant to this Article as if such unexpected adjustments, allocations or distributions had not occurred. (b) Section 704(c) Allocation. In accordance with Section 704(c) of the Code and the applicable Treasury Regulations issued thereunder, income gain, loss, and deduction with respect to any property contributed to the Capital of the Company, shall, solely for tax purposes, be allocated among the Members so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposed and its initial Gross Asset Value. In the event the Gross Asset Value of any Company property is adjusted pursuant to this Agreement, subsequent allocations of income, gain, loss, and deduction with respect to such asset shall take into account any variation between the adjusted basis of such asset for federal income tax purposes and its Gross Asset value in the same manner as under Section 704(c) of the Code and the Treasury Regulations thereunder. Any elections or other decisions relating to such allocations shall be made by the Manager in any manner that reasonably reflects the purpose of this Agreement. Allocations made pursuant to this subsection (b) are solely for purposes of federal, state, and local taxes and shall not affect, or in any way be taken into account in computing, any Member's Capital Account or share of Profits, Losses, other items, or distributions pursuant to any provision of this Agreement. (c) Other Allocations. The Manager shall make such other special allocations as are required in order to comply with any mandatory provision of the applicable Treasury Regulations or to reflect a Member's economic interest in this Company determined with reference to such Member's right to receive distributions from this Company and such Member's obligation to pay its expenses and liabilities. (d) Acknowledgment. The Members are aware of the income tax consequences of the allocations made by this Article and other provisions of this Agreement and hereby agree to be bound by all such provisions in reporting their share of Company income and loss for income tax purposes. 6.5 Limitation Upon Distributions. No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of all liabilities of the Company, except liabilities to Members on account of their contributions. 6.6 Accounting Method. The books and records of account of the Company shall be maintained in accordance with such method of accounting as may be selected by the Manager. 6.7 Interest On and Return of Capital Contributions. No Member shall be entitled to interest on the Member's Capital Contribution or to the return of the Member's Capital Contribution, except as otherwise specifically provided for herein. 11 6.8 Loans to Company. Nothing in this Operating Agreement shall prevent any Member from making secured or unsecured loans to the Company by agreement with the Company. 6.9 Accounting Period. The Company's accounting period shall be the calendar year. 6.10 Records, Audits and Reports. At the expense of the Company, the Manager shall maintain records and accounts of all operations and expenditures of the Company. At a minimum the Company shall keep at its principal place of business the following records: (a) A current list of the full name and last known business, residence, or mailing address of each Member and Manager, both past and present; (b) A copy of the Article of Organization of the Company and all amendments thereto, together with executed copies of any powers of attorney pursuant to which any amendment has been executed; (c) Copies of the Company's federal, state, and local income tax returns and reports, if any, for the three most recent years; (d) Copies of the Company's currently effective written Operating Agreement and all amendments thereto, copies of any prior written operating agreement no longer in effect, copies of any writing permitted or required with respect to a Member's obligation to contribute cash, property or services, and copies of any financial statements of the Company for the three most recent years; (e) Minutes of every annual, special, and court -ordered meeting; (0 Any written consents obtained from Members for actions taken by Members without a meeting; and (g) A copy of the articles of organization and all amendments. 6.11 Returns and Other Elections. The Manager shall cause the preparation and timely filing of all tax returns required to be filed by the Company pursuant to the Code and all other tax returns deemed necessary and required in each jurisdiction in which the Company does business. Copies of such returns, or pertinent information therefrom, shall be furnished to the Members within a reasonable time after the end of the Company's fiscal year. All elections permitted to be made by the Company under federal or state laws shall be made by the Manager in his/her sole discretion. ARTICLE VII 12 RESTRICTIONS ON TRANSFERABILITY No Member shall have any right to retire or withdraw voluntarily from the Company or to sell, transfer or assign an Interest or to voluntarily commit an act that constitutes a Withdrawal Event. Any voluntary act of a Member that constitutes a withdrawal from this Company shall constitute a material breach of this Agreement and this Company shall be entitled to collect damages for such breach. Such damages shall offset any cash or other property otherwise distributable to such Member by this Company. The admission of a transferee of an Interest as a Member shall not effect the dissolution of the Company. ARTICLE VIII ADDITIONAL MEMBERS After the formation of the Company, any Person acceptable to all of the Members may become a Member of this Company for such consideration as the Members by their unanimous vote shall determine. No assignee of an interest of a Member shall become a Member of the Company without the written consent of the Manager. No new Members shall be entitled to any retroactive allocation of losses, income or expense deductions incurred by the Company. The Manager may, at the time an additional Member is admitted, close the Company books (as though the Company's tax year had ended) or make pro rata allocations of loss, income and expense deductions to an additional Member for that portion of the Company's tax year in which an additional Member was admitted in accordance with the provisions of Section 706(d) of the Code and the Treasury Regulations promulgated thereunder. ARTICLE IX DISSOLUTION AND TERMINATION 9.1 Dissolution. (a) The Company shall be dissolved upon the occurrence of any of the following events: (i) by the written agreement of a Majority -in -Interest of the Members; (iii) upon the entry of a decree of dissolution under A.R.S. Section 29- 785; or (iv) upon any other Withdrawal Event, unless the business of the Company is continued by the specific consent of a Majority -in -Interest of the remaining Members given within 90 days after such event. Each of the Members hereby agrees that within 13 the 60 days after the occurrence of a Withdrawal Event, that they will consent, in writing, to continue the business of the Company. (b) As soon as possible following the occurrence of any Withdrawal Event, if the Company is not continued, a representative of the Company shall execute and file a Notice of Winding Up with the Corporation Commission. 9.2 Effect of Filing of Dissolving Statement. Upon the dissolution of the Company, the Company shall cease to carry on its business, except insofar as may be necessary for the winding up of its business, but its separate existence shall continue until Articles of Termination have been filed with the Arizona Corporation Commission or until a decree dissolving the Company has been entered by a court of competent jurisdiction. 9.3 Winding Up, Liquidation and Distribution of Assets. (a) Upon dissolution, an accounting shall be made by the Company's independent accountants of the accounts of the company and of the Company's assets, liabilities and operations, from the date of the last previous accounting until the date of dissolution. The Manager(s) shall immediately proceed to wind up the affairs of the Company. (b) If the Company is dissolved and its affairs are to be wound up, the Manager(s) shall (1) sell or otherwise liquidate all of the Company's assets as promptly as practicable (except to the extent the Manager(s) may determine to distribute any assets to the Members in kind), (2) allocate any profit or loss resulting from such sales to the Members' Capital Accounts in accordance with this Agreement, (3) discharge all liabilities of the Members (other than liabilities to Members), including all costs relating to the dissolution, winding up, and liquidation and distribution of assets, (4) establish such reserves as may be reasonably necessary to provide for contingent liabilities of the Company (for purposes of determining the Capital Accounts of the Members, the amounts of such reserves shall be deemed to be an expense of the Company), (5) discharge any liabilities of the Company to the Members other than on account of their interests in company capital or profits, and (6) distribute the remaining assets in the following order: (i) If any assets of the Company are to be distributed in kind, the net fair market value of such assets as of the date of dissolution shall be determined by independent appraisal or by agreement of the Members. Such assets shall be deemed to have been sold as of the date of dissolution for their fair market value, and the Capital Accounts of the Members shall be adjusted to reflect such deemed sale. (ii) The positive balance of each Member's Capital Account as detennined after taking into account all Capital Account adjustments for the Company's taxable year during which the liquidation occurs, shall be distributed to the Members, either in cash or in kind, as determined by the Manager(s), with any assets distributed in kind being valued for this 14 purpose at their fair market value. Any such distributions to the Members in respect of their Capital Accounts shall be made in accordance with the time requirements set forth in Section 1.704- 1 (b)(2)(ii)(b)(2) of the Treasury Regulations. (c) Notwithstanding anything to the contrary in this Agreement, upon liquidation within the meaning of Section 1.704-1(b)(2)(ii)(b)(2) of the Treasury Regulations, if any Member has a negative deficit Capital Account balance (after giving effect to all contributions, distributions, allocations and other Capital Account adjustments for all taxable years, including the year during which such liquidation occurs), such Member shall have no obligation to make any contribution to the capital of the Company, and the negative balance of the such Member's Capital Account shall not be considered a debt owed by such Member to the Company or to any other person for any purpose whatsoever. (d) Upon completion of the winding up, liquidation and distribution of the assets, the Company shall be deemed terminated. (e) The Manager(s) shall comply with any applicable requirements of applicable law pertaining to the winding up of the affairs of the Company and the final distribution of its assets. 9.4 Articles of Termination. When all debts, liabilities and obligations have been paid and discharged or adequate provisions have been made therefor and all of the remaining property and assets have been distributed to the Members, Articles of Termination shall be executed and filed with the Arizona Corporation Commission. 9.5 Return of Contribution Non -recourse to Other Members. Except as provided by law, upon dissolution, each Member shall look solely to the assets of the Company for the return of his or her Capital Contribution. If the Company property remaining after the payment or discharge of the debts and liabilities of the Company is insufficient to return the cash or other property contribution of one or more Members, such Member or Members shall have no recourse against any other Member. ARTICLE X MISCELLANEOUS PROVISIONS 10.1 Notices. Any notice, demand, or communication required or permitted to be given by any provision of this Operating Agreement shall be deemed to have been sufficiently given or served for all purposes if delivered personally to the party or to an executive officer of the party to whom the same is directed or, if sent by registered or certified mail, postage and charges prepaid, addressed to the Member's and/or Company's address, as appropriate, which is set forth in this Operating Agreement. Except as otherwise provided herein, any such notice shall be deemed to be given three business days after the date on which the same was deposited 15 in a regularly maintained receptacle for the deposit of United States mail, addressed and sent as aforesaid. 10.2 Books of Account and Records. Proper and complete records and books of account shall be kept or shall be caused to be kept by the Manager in which shall be entered fully and accurately all transactions and other matters relating to the Company's business in such detail and completeness as is customary and usual for businesses of the type engaged in by the Company. The books and records shall at all times be maintained at the principal executive office of the Company and shall be open to the reasonable inspection and examination of the Members of their reasonable inspection and examination of the Members of their duly authorized representatives during reasonable business hours. 10.3 Application of Arizona Law. This Operating Agreement and its application and interpretation shall be governed exclusively by its terms and by the laws of the State of Arizona. 10.4 Waiver of Action for Partition. Each Member irrevocably waives during the term of the Company any right that she may have to maintain any action for partition with respect to the property of the Company. 10.5 Amendments. This Agreement may not be amended except by the unanimous written agreement of all of the Members. 10.6 Execution of Additional Instruments. Each Member hereby agrees to execute such other and further statements of interest and holdings, designations, powers of attorney and other instruments necessary to comply with any laws, rules or regulations. 10.7 Construction. Whenever the singular number is used in this Operating Agreement and when required by the context, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders and vice versa; and the word "person" or "party" shall include a corporation, firm, partnership, proprietorship or other form of association. 10.8 Headings. The headings in this Operating Agreement are inserted for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent or intent of this Operating Agreement or any provision hereof. 10.9 Waivers. The failure of any party to seek redress for violation of or to insist upon the strict performance of any covenant or condition of this Operating Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. 10.10 Rights and Remedies Cumulative. The rights and remedies provided by this Operating Agreement are cumulative and the use of any one right or remedy by any party shall 16 not preclude or waive the right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. 10.11 Severability. If any provision of this Operating Agreement or the application thereof to any person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Operating Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 10.12 Heirs. Successors and Assigns. Each and all of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and assigns. 10.13 Creditors. None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditors of the Company. 10.14 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constituted one and the same instrument. In witness whereof, the Members and Manager have placed their signatures. Carol Deve dorf onalL-4�jl G 07o Devendorf 17 .z Christopher Noteboom i Jay S ott Rivera Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 5/l/03 Contact Person: Art Candelaria Requesting Action: TVDe of Document Needing ADDroval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDroDriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat El Li;;rary Services ❑ Economic Development ❑ Parks & Recreation Regular AgendaWording: Consideration of RESOLUTION 2003-15 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot 9, Block 2, Plat 505C (16440 N. Kim Drive) as recorded in Book 158 of Maps, Page 42 Records of Maricopa County, Arizona - EA2003-02. Thomas & Lyn Moser Staff Recommendation: Approve Fiscal Impact: No $00 Purpose of Item and Background Information: Mr. & Mrs. Moser submitted a request for a 10' public utility and drainage easement abandonment on March 24, 2003 for the purpose of building a retaining wall. List All Attachments as Follows: Staff Memo, Resolution, and Exhibit Type(s) of Presentation: Consent Agenda Signatures of Submitting Staff: lAftl D artment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor Beydler and DT: March 31, 2003 Town Council FR: Art Candelaria, Civil Engine RE: Easement Abandonment 2003-02 Randy Harrel, Town E ginee `� ''� 16440 N. Kim Drive Reviewed: Tom W d, ector o Public Works Plat 505C, Block 2, Lot 9 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 westerly property line of Lot 9, Block 2, Plat 505C, (16440 N. Kim Drive) as shown in Exhibit "A". The property owners of Lot 9 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to f 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 Lot 9 are required to pass the developed flows generated by the upstream lots across their property. Eric: Resolution Exhibit C: Thomas & Lyn Moser Kenneth & Colette Bailie Steven Reiner Kermit & La Vonne Wilson EAAbandonment Letters and Resolutions\EA2003-02 - 505C-2-9.doc When recorded, return to: Public Works Department Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 RESOLUTION 2003-15 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 TEN (10') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE NORTHERLY LOT LINE OF LOT 9, BLOCK 2, OF PLAT 505C, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 158 OF MAPS, PAGE 42, 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 WHEREAS, 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 a portion of the certain ten (10) foot public utility and drainage easements, located along the westerly property lot line of Plat 505C, Block 2, Lot 9, Fountain Hills, Arizona; as shown in Exhibit "A"; as recorded in book 158 of maps, page 42 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 owner of Lot 9 is 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 there from or existing previous to any action by the Town. Resolution 2003-15 Page 1 of 2 PASSED AND ADOPTED this 1st day of May, 2003. ATTEST: REVIEWED BY: Timothy G. P' kering, D, Town Manager FOR THE TOWN OF FOUNTAIN HILLS , Mayor PRO S TO FORM: Andrew McGuire, Town Attorney Resolution 2003-15 Page 2 of 2 m TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" r�1 A T r ^ r r. - - - _ Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Submitting Department: Public Work Cooent:D® Regular:❑ Meeting Date: 5/l/03 Cantaet Person: Tom Ward Reque"sting Action:,® iffii a oiffioeummidNeeedinzApnrovs I (Check allmthat ap ly) ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Couciltrity ( Iit'cic`Appropriate Aroas)t ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Ri'&Ii)i 1 iienda` o> 'dtig Consideration of RESOLUTION 2003-18 approving an Intergovernmental Agreement (IGA) between the Town and ADOT for construction of the Shea Blvd bike path. Approve No 0 -u ,, mse of Item and Backgr6in d4dormation The project consists of paving the "shoulder" areas on the south side of Shea Blvd. for a bike lane, from east of Palisades Blvd. to west of Technology Drive (except where it was constructed near Firerock Country Club Blvd. by FCC for its entrance, and except where it will be constructed as a part of the proposed Bolera condominiums entrance turn-off at the existing FCC golf course maintenance building's dirt access road.) The bike lane pavement structural section will be constructed sufficient to handle traffic loads when Shea Blvd. is widened at some future date to add a 3rd eastbound traffic lane. The project also includes two segments of curbed, landscaped center medians. (This project and the FCC Bolera project will complete the gaps in Shea Blvd.'s center landscaped median between Fountain Hills Blvd and Technology Drive.) This is a Federal aid project with committed funding of $440,000 at a 94.3% maximum match ratio. The FCC payment amount due to the Town for the remainder of their 50% median participation will be sufficient to cover the Town's required participation in this downsized project. Staff Memo, Resolution, ADOT Cover Letter, IGA, Attorney approval form None e:\dept corr\randy\adot iga agenda cover sheet.doc �W epartment Head Town Manager / Designee eAdept corr\randy\adot iga agenda cover sheet.doc Budget Review (if item not budgeted or exceeds budget amount) ADOT IGA Memo to Council.doc Page I of 2 Chron TOWN OF FOUNTAIN HILLS OFFICE OF INTER OFFICE MEMO TO: Honorable Mayor Beydler and T: March 31, 2003 Town Council FR: Randy Harrel, Town Enginee : IGA with ADOT for Shea Blvd Bike ard, Director of Public Worts Lane & Median ADOT ECS File: JPA 02-191 0 Staff recommends approval of an Intergovernmental Agreement with the Arizona Department of Transportation for the construction of the Shea Bike Lane (and Median) Project (ADOT ECS File: JPA 02-191). ADOT has sent the Town the Intergovernmental Agreement for signature for the above Shea Blvd Bike Lane (and median) Project. This is a Federal -Aid project with committed Federal -Aid funding of $440,000 at a 94.3% maximum match ratio. The Town is responsible for its 5.7% matching funds, and for any project costs above the committed Federal -Aid funding. The Town's FY 2002-03 budgeted funding for this project was eliminated per the "Budget Reduction Analysis" report of 12/03/02. The project plans are now being down -sized (primarily by deleting the bike lane on the north side of Shea Blvd.), so that the Town's matching funding will now be covered within the amount of the Firerock Country Club (FCC) Developer's required participation amount to the Town. The project consists of paving the "shoulder" areas on the south side of Shea Blvd. for a bike lane, from east of Palisades Blvd. to west of Technology Drive (except where it was constructed near Firerock Country Club Blvd. by FCC for its entrance, and except where it will be constructed as a part of the proposed Bolera condominiums entrance turn-off at the existing FCC golf course maintenance building's dirt access road.) The bike lane pavement structural section will be constructed sufficient to handle traffic loads when Shea Blvd. is widened at some future date to add a 3rd eastbound traffic lane. The project also includes two segments of curbed, landscaped center medians. (This project and the FCC Bolera project will complete the gaps in Shea Blvd.'s center landscaped median between Fountain Hills Blvd and Technology Drive.) Firerock Country Club is required by their Master Plat stipulation to construct (or pay for) 50% of the "new" (as of 1997) median work between Fountain Hills Blvd. and Technology Drive. (Part of the median work has been constructed by the Four Peaks Plaza (Target) project, and is a part of the Town's 50% participation, since the Town is reimbursing Four Peaks Plaza/ Target through sales tax rebate. Part of that median work will be constructed by Developers (either FCC or Odyssey Homes) as a part of the upcoming Bolera condominium project on FCC Parcel C, and is a part of the Developer's 50% participation.) The FCC payment amount due to the Town for the remainder of their 50% median participation will be sufficient to cover the Town's required participation in this downsized project. ADOT IGA Memo to Council.doc Page 2 of 2 Chron The proposed ADOT contract (attached) has been reviewed and approved by the Town Attorney regarding its proper form, and as to being within the powers and authority of the Town to execute. Staff recommends Council approval of this Intergovernmental Agreement with ADOT, and authorization for its signature by the appropriate Town officials. It should be noted that ADOT's contract approval, revised plan approval, official contract document preparation, bid advertising and issuing, contractor bidding, bid review, bid approval, construction contract verification and signing, shop drawing review, and pre -construction staging periods are substantially longer than the Town's normal processes. ADOT manages both the project bidding and the construction inspections, with Town Staff acting as a liaison. Staff anticipates that this project's 50-working-day construction period will occur sometime this coming summer, fall, and/or winter. Staff and ADOT will keep the Council (and the traveling public) notified of the anticipated construction period and work zones. Attachments (3) ADOT cover letter of 3-17-03 Attorney approval form Intergovernmental Agreement C: Larry Woodlan/ Burgess & Niple Greg Bielli/ MCO, Firerock Country Club RESOLUTION NO. 2003-18 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF ARIZONA FOR THE CONSTRUCTION OF THE SHEA BOULEVARD BIKE PATH. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the Intergovernmental Agreement between the Town of Fountain Hills and the State of Arizona for the construction of the Shea Boulevard Bike Path is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 1, 2003. FOR THE TOWN OF FOiAR%fN HILLS: Jon M. Beydler REVIEVaM BYX Timothy G. Pickering, Town Manager 9196.001V Resolutions\ ADOT IGA.res.dm 4-23--03-1 ATTESTED TO: Bevelyn J. Bcider, town Clerk APPROVED AS TO FORM: P'l n , And J. McGuire, Town Attorney AG Contract No.: KR03-0389TRN ADOT ECS File No.: JPA 02-191 Project No.: 0000 CM FTH TRACS No: SS451 01 C Project: Shea Boulevard Bike Path INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE TOWN OF FOUNTAIN HILLS THIS AGREEMENT is entered into , 2003, pursuant to Arizona Revised Statutes, Sections 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the TOWN OF FOUNTAIN HILLS acting by and through its MAYOR and TOWN COUNCIL (the 'Town"). I. RECITALS 1. The State is empowered by Arizona Revised Statutes Section 28-401 and 28-334 to enter into this agreement and has delegated to the undersigned the authority to execute this agreement on behalf of the State. 2. The Town is empowered by Arizona Revised Statutes Section 48-572 to enter into this agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this agreement and has authorized the undersigned to execute this agreement on behalf of the Town. 3. Congress has authorized appropriations for, but not limited to, the construction of streets and primary, feeder and farm -to -market roads; the replacement of bridges; the elimination of roadside obstacles; and the application of pavement markings. 4. Such project within the boundary of the Town has been selected by the Town; the field survey of the project has been completed; and the plans, estimates and specifications have been prepared and, as required, submitted to the Federal Highway Administration (FHWA) for its approval. 5. The only interest of the State in the project is in the acquisition of federal funds for the use and benefit of the Town by reason of federal law and regulations under which funds for the project are authorized to be expended. Page 2 JPA 02-191 6. The Town, in order to obtain federal funds for the construction of the project, is willing to provide Town funds to match federal funds in the ratio required or as finally fixed and determined by the Town and FHWA, including actual construction engineering and administration costs (CE). 7. The work embraced in this agreement is the construction of a bike path, and the estimated costs are as follows: Estimated Construction Cost:........................................................................ $410,250.00 5% Contingency: ........................................................................................... $ 20,513.00 Estimated subtotal Construction Cost: .......................................................... $430,763.00 15% Construction Engineering Cost: ............................................................ $ 64,614.00 TOTAL ESTIMATED CONSTRUCTION COST: ........................................... $495,377.00 Shared Federal -Aid Safety Funds @ 94.3%:................................................ $440,000.00 Shared Town of Fountain Hills Funds @ 5.7%:............................................ $ 26,596.00 Estimated Additional Town of Fountain Hills Funds @ 100%:...................... $ 28,781.00 Estimated Total Town of Fountain Hills Funds: ............................................ unds:............................................ $ 55,377.00 *Includes Construction Engineering at 15% and Change Orders at 5%. THEREFORE, in consideration of the mutual covenants expressed herein, it is agreed as follows: II. SCOPE OF WORK 1. The State shall submit a program containing the aforementioned project to FHWA with the ( recommendation that it be approved for construction. a. If such project is approved for construction by FHWA and the funds are available for construction, the Town will and does hereby designate the State as authorized agent for the Town. The State hereby agrees to be authorized agent for the Town, and with the aid and consent of the Town and the FHWA will proceed to advertise for, receive and open bids, and subject to the concurrence of the Town and the FHWA, enter into a contract with a firm on behalf of the Town to whom the award is made for the construction of the project; such project to be performed, completed, accepted and paid for in accordance with the instructions and requirements of the Town and the Standard Specifications for Road and Bridge Construction of the Arizona Department of Transportation. The State will enter into a Project Agreement with FHWA on behalf of the Town covering the work embraced in said construction contract and will request the maximum federal funds available, including construction engineering and administration costs. Should costs exceed the maximum federal funds available, it is understood and agreed that the Town will be responsible for any overage. b. Should unforeseen conditions or circumstances increase the cost of said work required by a change in the extent or scope of the work called for in this agreement, the Town shall be obligated to incur and will pay for said increased costs. 2. Prior to the solicitation of bids, the Town shall deposit funds with the State in the amount determined to be necessary to match federal funds in the ratio required. 3. The Town shall acquire the necessary right-of-way and hereby certifies that all necessary rights - of -way have been or will be acquired prior to advertisement for bid. 4. The Town shall remove from the proposed right-of-way all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the roadway, and hereby Page 3 JPA 02-191 certifies that all obstructions and encroachments have been or will be removed there from, prior to the start of construction. 5. The Town shall not permit or allow any encroachments, except those authorized by permit, upon, or private use of, the right of way. In the event of any unauthorized encroachment or improper use, the Town shall take all necessary steps to remove or prevent any such encroachment or use. 6. Upon completion of construction, the Town shall provide for, at its own costs and as an annual item in its budget, proper maintenance will be provided, all in accordance with the requirements of the current edition of the Manual on Uniform Traffic Control Devises for Streets and Highways. III. MISCELLANEOUS PROVISIONS 1. The State assumes no financial obligation or liability under this agreement. The Town assumes full responsibility for the design, plans and specifications, reports, the engineering in connection therewith, and the construction of the improvements contemplated, cost over -runs and construction claims. It is understood and agreed that the State's participation is confined solely to securing federal aid; that any damages arising from carrying out, in any respect, the terms of this agreement or any modification thereof, shall be solely the liability of the Town and that the Town hereby agrees to save and hold harmless and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all cost and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, or event arising out of the performance or nonperformance of any provisions of this agreement by the State, any of its departments, agencies, officers and employees, the Town, any of its agents, officers and employees, or any of its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation or attorneys' fees. 2. The cost of the design, construction and construction engineering work covered by this agreement is to be borne by FHWA and Town, each in the proportion prescribed or as fixed and determined by the FHWA as stipulated in this agreement. Therefore, Town agrees to furnish and provide the difference between the total cost of the work provided for in this agreement and the amount of federal aid received. 3. This agreement shall remain in force and effect until completion of the work; provided, however, that any provisions in this agreement for maintenance shall be perpetual, unless assumed by another entity. 4. This agreement shall become effective upon filing with the Secretary of State. 5. This agreement may be cancelled in accordance with Arizona Revised Statutes Section 38-511. 6. The provisions of Arizona Revised Statutes Section 35-214 are applicable to this contract. 7. In the event of any controversy, which may arise out of this agreement, the parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes Section 12-1518. 8. All notices or demands upon any party to this agreement shall be in writing and shall be delivered in person or sent by mail addressed as follows: Page 4 JPA 02-191 Arizona Department of Transportation Joint Project Administration 205 S. 17th Avenue — Mail Drop 616E Phoenix, AZ 85007 FAX (602-712-7424 Town of Fountain Hills Town Manager 16836 East Palisades Boulevard, Fountain Hills, AZ 85269 9. Attached hereto and incorporated herein is the written determination of each party's legal counsel that the parties are authorized under the laws of this state to enter into this agreement and that the agreement is in proper form. IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. TOWN OF FOUNTAIN HILLS By BEVELYN ,�BENDER Town Clerk 02-191 ENVIR-Fountain Hills-Enhn=nt 17Mar 2003 - ly STATE OF ARIZONA Department of Transportation By SUSAN TELLEZ Contract Administrator JPA 02-191 APPROVAL OF THE TOWN OF FOUNTAIN HILLS ATTORNEY I have reviewed the above referenced proposed intergovernmental agreement, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and FOUNTAIN HILLS, declare this agreement to in proper form and within the powers and authority granted to the Town under the laws of the State of Arizona. No opinion is expressed as to the authority of the State to enter into this agreement. DATED this (14day of/ 2003. C Attorney LIR 1�'_ Arizona Department of Transportation p p Intermodal Transportation Division A. 206 South Seventeenth Avenue Phoenix, Arizona 85007-3213 Janet Napolitano Debra R. Brisk Governor Deputy Director Victor M. Mendez March 17, 2003 Director TOWN OF FOUNTAIN HILLS Mr. Thomas L. Ward, Director of Public Works Town of Fountain Hills 16836 E. Palisades Blvd., Building C P.O. Box 17958 Fountain Hills, Arizona 85269 Reference: AG Contract No. KR03-0389TRN ADOT ECS File: JPA 02-191 TRACS: SS451 01 C Project: Shea Boulevard Bike Path Dear Mr. Ward: MAR ! 8 2003 ENGINEERING DEPARTMENT Please find enclosed three originals of the above subject agreement which defines the responsibilities of the Town of Fountain Hills and the Arizona Department of Transportation. Please obtain the written approval from your Attorney (form attached), and a Resolution by the Town Council to enter into this agreement by obtaining the appropriate signatures. Upon execution, please, return all originals to the undersigned, to the attention of Mail Drop 616E. Please make no other entries on the original copies. Important: please do not date the first page. An original will be returned upon final execution by the Secretary of State. If I can be of further assistance, please do not hesitate to contact me at (602) 712-8998 x raus Joint Project Coe6rdrinator Engineering Consultant Section CC: Mike Shine MD 630E G:02-191-Build Bike Path 17 Mar2003 ly JA 2001 Award Reapent April 23, 2003 Bev, please note that we are instructed by ADOT to not put a date on the front page of the IGA. When the 3 copies of the IGA are signed, please return all 3 copies to me. We will get you a signed copy after ADOT signs and returns our copies. (� Thanks. Betty p /y� Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: May 1, 2003 Submitting Department: Parks and Recreation Contact Person: Mark C. Mayer Consent:® Regular:❑ Requesting Action:® Report Only:❑ Tvpe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Ordinance ❑ Agreement ❑ Emergency Clause ❑ Special Event Permit ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Acceptance ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Plat ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Library Services ❑ Public Safety ❑ Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ® Parks & Recreation ❑ Town Elections ❑ Community Development ❑ Finance Regular Agenda Wording: Consideration of Acceptance of a Cannon from the Department of the Army on behalf of American Legion Post #58 and Veterans of Foreign Wars Post #7507 for the Veterans Memorial in Fountain Park Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The Department of the Army requires that before a military item (cannon) can be placed on public display, the governing body is required to furnish a letter that stipulates that the entity will assume the responsibility for the upkeep and safety of the item. Previous Council actions have approved both the placement of the Veterans Memorial in Fountain Park and the initial funding for the cannon pad. Additionally , during Mayor Jerry Miles' term, he authored a letter to the Army indicating the Town's desire for a cannon. However, because over five years have transpired since the letter was originally sent, the Army is requesting an updated letter. Upon approval a letter with the Mayor's signature will be forwarded to the Department of the Army stipulating that the Town continues to be interested in and will care for a cannon. List All Attachments as Follows: Type(s) of Presentation: None Signatures of Submitting Staff: r\,� Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) \\earth\mmayer\my documents\council - agenda - cannon 5-03.doc APR-11-2003 03:45 PM P. 01 RPR-10-2203 11:56 AMSTA—LC—:1D 9105?4?126 P. 001 "001 Certificate of Assurance of Compliance 1 w/' 1`1""TOUl�,lhy� Q`i/LT. !Co J'1lp /�/.�9dPS (iIcrelnnfzar called "ApPlicant•Raoiylent"} (Name & Address of 0r1&Td2ation) HEREB Y AGREES THAT in compliance with Title V1 of the Civil Rights Acts of 1964, Soctiozi 606 of the Federal property and Administrative Services Act of 190, as amended, and Soction 504 of the Rehab;llitation Act of 1973, as amended, no person shall, on the grounds of race, color, creed, national origin, sex or handicap, be -excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any prograrn or activity for which the Applicant•Rccipient raceivec a conditional donation from the United States Army and BEM UTVES ASSURANCE THAT it will immediately take any rneasuros necessary to ef'fect'3ate this agreement, This agreement will continue in effect during the time the Applicant -Recipient retains custodial ownership, possession or control of the conditionally donated property, Further, Applicant -Recipient agrees and assures that its successors and/or assigns will be required to give an assurance similar to this Assurance as a condition precedent to acquiring any >;i ght, title os interest in end to Any of the property conditionally donated herein, THIS ASSURANCE is given in corglderation of and for the purpose of obtaining a conditional donation of U. S. Army owned propert; pursuant to public laws. Title 10 USC W72 and/or Title 10 'USC §4683. The Applicant -Recipient recognize; and agrees that such a conditional donation will be made in reliance, on the representations and ngrcements made in this assurance, and that the United States will have the right to seek judicial enfercememt of t�iis assurance, THIS ASSURANCE is binding on the Applicant(-Recipicnt, its successors, transferees, assignees and the person or persons Whose signatures appear below are authorized to sign this aseuranc-e on behalf of the Applicant- Recipi ant. _q�� —03 BY iDAte} Notary Public Sndursement COUNTY OF JAZZ 29ZO STATE OF_"�qAf Z�UJQ_ 1, the undersisnad, certify that I am a duly cornmissioned , qualified, and authorizod public, Before me personally end within the territorial limits of my warrant of authority, appearod 2V1) & —iQ 4 nom who is lrnown by me to be the person who Is described herein, whose nama is subscnbed to, and who signed this Inventory Certification and who, having been duly sworn, achnowledw that this inumment was executed after its contents were read and duly explained, and t11at such execution was a free and voluntary act and deed for the uses and purposes heroln set forth. 1N WITNESS WHEREOF, I have hereugto set my hand and altx my official seal on (Darr} Notary Public G� /�f OFFICIAL DSEALona My Commission expires'// S�SAry ublic-S tate of Aft MARICOPA CMy Dom, expires J TOTAL P,001 APR-11-2003 03:45 PM P. 01 RPR-10-2003 11:Sc RMSTA-LC-__:r 8105747126 P-001/001 Certificate of Assurance of Compliance L12o "� �I "'BLS• lZ1-10A�' .0t-X NiMlinafmrcalled "ADplicant•Reoiplent") (Name & Address of OrQanf2ation) IiEREB Y AGRFE5 THAT in compliance with Me VI of the Civil Rights Acts of 1954, Soctiou 606 of the Fcdc al Property and Administrative Services Act of 1949, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended, no person shall, on the grounds of race, color, creed, national origin, sex or handicap. be -excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Rccipient receiver a conditional donation frorn the United Stater Army and BEERIMY GTVES ASSURANCE THAT it will immediately take any measures necessary to effect -late this agreernmit. This agreement will continue in effect during the time the Applicant-Rccipient retains custodial ownership, possession or control of the conditionally donated property, Further, Applicant -Recipient agrees and assures that its successors and/or assigns will be required to give an assurance similar to this Assurance as a condition precedent to acquiring any ri ght, title oT interest in and to any of the property cor,ditionaIly donated herein, THIS ASSURANCE is g,ven in consideration of and for the purpose of obtaining a conditional donation of U. S. Army owned property pursuant to public laws. Title 10 USC §2572 and/or Title 10 USC §4683. The Appl:cart-Recipient recognize; and agrces that such a conditional donation will be made in reliarce on the :eptraentations and agreements made in this assurance, and that the United Stares will have the right to seek .judicial enfcrcemt;m of t�1is assurance, THIS ASSURANCE is binding on the Applicant.-Reeipicnt, its successors, transfcrecs, assignees and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant- Recipi ant. BY 1DSce) Notnry Public Endorsement COUNTY 4'V_42 ��� STATE OF .��f 7 0ey 1, the tmdenisnad, certify that I am a duty oornmissicned , qualified, and tuthorizod note public. Before me personally Ind within the territorial iin its of my warrant of authority, Ippeared �Let�. who is known by me to be the person who is described heron:, whose name is subscribed to, and who aigned this inventory Certification and who, having been duty Sworn, 6sknowledgod that tUs instrument was executed after its contents were read and duly explained, and that such execution was a free and voluntary act and deed for the uses and purposes heroin set forth. IN WITNESS WHEREOF, I h.ve hereu_to set my hand and a;tix rry official seal on � % t—L_ 20� (Date) Norxry Public i OFFICIAL SEAL My Commission ezpires: SUSAN M. DEGLER l Notary Public -State of Arizona MARICOPACOUNTy \�=-. My corn. expirae June 6, 2005 TOTAL P,001 APR-11-2003 03:45 PM P.01 RPR-10—E003 11:56 RMSTA—LC—+=1D 9105747126 F.001/001 Certificate of Assurance of Compliance dLL/202= 'p"/ 41� Z�S' //A44401- 414544ZS arcfeinefmr called "AlDplicant•Reoi➢lent") (Name & Addna3 of Orinnisation) HEREBY AQRFES THAT in compliance with Iltle VT of the Civil Rights Acts of 1954, Section 606 of the Fcdt al Property and Administrative Services Act of 1949, as amended, and Section 504 of the Rehabilitation Act of 1973, is amended, no person shall, on the grounds of race, color, creed, national origin, sex or handicap, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant-Rccipient mceivet a conditional donation frcrn the United States Army and HEREBY OWES ASSURANCE THAT it will immediately take any measures necessary to effectsate this agreement, This agreement will continue in effect during the time the Applicant-Rccipient retains custodial ownership, possession or control of the conditionally donated property, Further, Applicant -Recipient agrees and assures that its successors and/or assigns will be regtured to give an assurance similar to this Assurance as a condition precedent to acquiring any right, title or interest in and to any of the property conditionally donated herein, THIS ASSURANCE is given in consideration of and for the purpose of obtaining a conditional donation, of U. S. Army owned property pursuant to public laws. Title 10 USC §2i72 and/or Title 10 USC §4683. The Applicant -Recipient recognized and agrees that such a conditional donation will be made in reliance on the representations and Agreements made in this assurance, and that the United Stares will havo the right to seek judicial enfcrcemerit of t.zis assurance, THIS ASSURANCE is binding on the Applicant-Reeipicnt, its successors, aansferecs, assignees and the pet -son or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant- Recipi ant. .tea? --49 3 BY (Date) Notnry Public Sudur8ement COUNTY OF Lzq/ s STATE OF �Q,Qj O/1JA I, the =dersignad, certify that I am a duly commissioned , qualifier✓, and AuthOrizod notary public. Before me Personally And within the territcrial dreits of my warrsnt of authority, appeared yQl ✓� /+0 -, who im known by me to be the person who li described herein., whose name is subscnbod to, and who aligned this Inventory Certification And who, having been duly sworn, uk:rowlC4W that tbls instrument wan executed after its contents were read and duly explained, and that such execution was A free and voluntary act and deed for the uses and purposes herein set forth. INWITNESSWHEREOF. I hive hereuDto sat my hand and Affix my official $CAI on 20 Norxry Publle / � OFFICIAL SEAL, My Commission exprrr G //, SUSAN M. DEGLER ? Notary Publ c - State of Arizona MARICOR4 CCl1NTy My com, expires June 6, 2005 - ....r....- TCTRL P.001 Town of Fountain Hills Town Council Agenda Action Form Meeting Types Regular Meeting Submitting Department: Public Works Consent:® Regular:[--] Meeting Date: 5/1/03 Contact Person': Tom Ward Requesting Action:® Tyne of Document Needing_ Approval (Check all that appl ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ® Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report_ (lnIy,❑ ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of Ordinance 03-11 granting a parking and access easement to the Boys and Girls Club of Scottsdale, Inc. located at the northeast corner of Calaveras Avenue and Del Cambre Avenue. Staff Recommendation: Approve Fiscal Impact: No $-0 Purpose of Item and Background Information: To grant an easement for parking and access between the proposed Boys and Girls Club and Four Peaks School located on Calaveras Avenue. List All Attachments as Follows: Staff memo, Ordinance 03-11, Easement Form, Exhibit A and B Type(s) of Presentation: Consent Signatures of Submitting Staff: De artment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\dept corr\tom ward\boys-girls club agenda cover sheet.doc TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: April 25, 2003 FR: Thomas L. Ward RE: Parking and access easement Director of Public Works r/e Boys & Girls Club of Scottsdale, Inc. Calaveras and Del Cambre Avenue This item on the Town Council agenda is a proposal to grant an easement for parking and access between the proposed Boys and Girls Club and Four Peaks School located on Calaveras Avenue. The easement will blanket over Town owned property, also known as Four Peaks Park. The Parks and Recreation Commission was presented with this grant of easement on April 14, 2003 and voted unanimously to approve it. Under this ordinance the Boys and Girls Club will construct and maintain all parking facilities, as well as provide full and free pedestrian and vehicular ingress and egress across the Town property. Beyond the granting of this easement for the Boys and Girls Club, this will also provide additional parking other than Calaveras Avenue. The traffic congestion around Four Peaks School that has developed over the years will experience relief with the constructing of this parking facility. Staff believes this is a "win -win" situation for the school, the neighborhood, the Boys and Girls Club and the Town. Staff recommends approval of Ordinance 03-11. Boys and Girls Club Staff Memo.doc Page I of I Chron 045 ORDINANCE NO.03-11 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING THE DEDICATION OF AN EASEMENT FOR ACCESS, CONSTRUCTION AND MAINTENANCE OF PARKING FACILITIES USES TO THE BOYS & GIRLS CLUB OF SCOTTSDALE, INC. BE IT ORDAINED, BY THE MAYOR(AMD COU�/OF , THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the Mayor and Council of the Towfi of Fountain Hills (the "Town Council") hereby approve the dedication of an easemght for access, construction and maintenance of parking facilities uses over certain real pr erty of which it is the record owner, generally known as "Town Parcel- Four Peaks Neign orhood Park", Maricopa County Tax Parcel No. 176-04-354D, in accordance with the terfns and conditions described in easement, attached hereto as Exhibit A and incorporated hero"y reference. SECTION 2. That the Mayor, the"' Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose of �h"is Ordinance. PASSED AND AD" by the Mayor and Council of the Town of Fountain Hills, May 1, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jon M! %r1 TimotlffG. Pickering, Town Manager L'! Bevelyn J. B der;° own Clerk APPUrnVED AS TO FORM: E) . M-1,Vh - Andrew J. McGuire, Town Attorney ORDINANCE NO. 03-11 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING THE DEDICATION OF AN EASEMENT FOR ACCESS, CONSTRUCTION AND MAINTENANCE OF PARKING FACILITIES USES TO THE BOYS & GIRLS CLUB OF SCOTTSDALE, INC. BE IT ORDAINED, BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the Mayor and Council of the Town of Fountain Hills (the "Town Council") hereby approve the dedication of an easement for access, construction and maintenance of parking facilities uses over certain real property of which it is the record owner, generally known as "Town Parcel- Four Peaks Neighborhood Park", Maricopa County Tax Parcel No. 176-04-354D, in accordance with the terms and conditions described in the easement, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, May 1, 2003. FOR THE TOWN OF AIN HILLS: Town Manager 9196.001\Boys and Girls Club.ord.doc 4-24-03 ATTESTED TO: hevelyn J. i :Ad"own Clerk APP15RVED AS TO FORM: c Andrew J. McGuire, Town Attorney When Recorded Mail To: Town Clerk Town of Fountain Hills 16836 E. Palisades Boulevard Fountain Hills, Arizona 85323 EASEMENT FOR ACCESS, CONSTRUCTION AND MAINTENANCE OF PARKING FACILITIES USES GRANTOR: Town of Fountain Hills, an Arizona municipal corporation (the "Town") GRANTEE: Boys & Girls Clubs of Scottsdale, Inc., an Arizona non-profit corporation. THIS EASEMENT FOR ACCESS, CONSTRUCTION AND MAINTENANCE OF PARKING FACH TTIES USES (this "Agreement") is entered into / , 2003, by and between the Town and the Grantee for the purposes set forth below. RECITALS A. The Town is the record owner of certain real property located near Calaveras Avenue and Del Cambre Avenue, more particularly described as the "Town Parcel — Four Peaks Neighborhood Park" according to the plat recorded in Book 141, page 18, in the records of Maricopa County, Arizona. B. The Town and Grantee desire to enter into this Agreement for the Town to grant to Grantee a continuous and perpetual easement over the property (the "Easement") at the location described in Exhibit A and depicted in Exhibit B, attached hereto and incorporated herein by this reference (the `Basement Area") for construction and maintenance of a parking lot, as well as full and free pedestrian and vehicular ingress and egress over, across and upon the described property. AGREEMENT NOW THEREFORE, the Town does hereby grant to the Grantee, its successors and assigns, this Easement over the Easement Area on the following terms and conditions: 1. Grant of Easement. The Town hereby grants, sell and conveys to the Grantee, its successors and assigns, forever, the continuous and perpetual easement through, over, upon, in, across and along the Easement Area for the benefit of the Grantee, the Town and persons attending or visiting the Four Peaks Elementary School, and their respective successors, assigns, heirs, executors or personal representatives, tenants, lessees, guests, invitees, or the guests or invitees of the tenants, for the purpose of full and free pedestrian and vehicular ingress and egress and for construction and maintenance uses. 2. Maintenance of the Easement. Grantee shall forever maintain the Easement Area. Grantee shall not maintain the Easement Area in a manner that impairs the ability or capacity of the 9196.001\Boys and Girls Club Easement.doc 4-23-03 Town, pedestrians or vehicles to fully utilize the Easement. 2.1 Grantee shall not construct, install or place, or permit to be constructed, installed or placed upon the property described herein any fence, wall, structure or other improvement which shall interfere with or impede the public's right of full and free pedestrian and vehicular ingress and egress over the Easement Area. 2.2 Grantee is obligated, at its expense, to pave, grade or otherwise improve the surface of the Easement Area for the construction of a parking lot, in order to facilitate the Town's, Grantee's, and public's right of pedestrian and vehicular ingress and egress thereto. 2.3 Grantee shall be responsible for the cost of maintaining the Easement Area, including, but not limited to, the decomposed granite, plant materials and irngation and lighting systems included within the Easement Area. 3. Termination. In the event that the Grantee fails to construct a parking lot within 5 years of the execution of this Agreement, the Grantee's rights hereunder shall cease and shall revert to the Town. If Grantee records a document to formally abandon use of the easement granted herein, all of the Grantee's rights hereunder shall cease and shall revert to the Town. 4. Running of Benefits and Burdens. All provisions of this Agreement, including the benefits and burdens, run with the land and are binding upon and inure to the assigns, successors and tenants of the parties hereto. 5. Attorney's Fees. Either party may enforce this instrument by appropriate legal action and the prevailing party in such litigation may recover as part of its costs in such action reasonable attorneys fees and court costs. 6. Additional Easements. Nothing contained in this Agreement shall prohibit the Town from conveying additional easements for access, utility or other purposes through, over, under, in, across and along the Easement Area to owners of properties which abut the Easement Area or to government or quasi -governmental agencies, provided, however, that no such additional rights or easements shall impair the Grantee's use of the Easement herein granted. 7. Entire Agreement. This instrument contains the entire agreement between the parties relating to the Grantee's use of the Easement Area for access, construction and maintenance of parking facilities uses. Any oral representations or modifications concerning this instrument shall be of no force or effect, excepting a subsequent modification in writing, signed by the parties. 8. Cancellation by the Town. This Agreement may be cancelled by the Town pursuant to ARrz. REv. STAT. § 38-511. [SIGNATURES ON THE FOLLOWING PAGE] 9196.00I\Boys and Girls Club Easement.doc 4-23-03 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first set forth above. GRANTOR: ACCEPTANCE BY GRANTEE: THE TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation 9196.001\Boys and Girls Club Easement.doc 4-23-03 BOYS & GIRLS CLUB OF SCOTTSDALE, INC, an Arizona non-profit corporation v Title: ACKNOWLEDGMENTS STATE OF ARIZONA ) )ss. COUNTY OF MARICOPA ) This instrument was acknowledged before me on 1GC-tom S` 2003, by Jon M. Beydler, the Mayor of the Town of Fountain Hills, an ArizAa municipal corporation, on behalf of the Town of Fountain Hills. My C n EIAL SEAL EVLYN J. BENDE Notary Public • State of Arizona MARICOPA COUNTY y comm. s Aug. 28, 2003 STATE OF COUNTY OF ) ss Notary Public�in and for the State of Arizona The foregoing instrument was acknowledged before me this day of , 2003, by , Boys & Girls Club of Scottsdale, Inc., an Arizona non-profit corporation, on behalf of such corporation. Notary Public My Commission Expires: Notary Stamp/Seal 9196.001\Boys and Girls Club Easement.doc 4-23-03 Exhibit A PARKING AND ACCESS EASEMENT TOWN PARCEL - FOUR PEAKS NEIGHBORHOOD PARK That portion of Lot 1, Block 18, Fountain Hills, Arizona Final Plat No. 107, as recorded in Book 141, Page 18 of the official records of Maricopa County, Arizona, and Town parcel also being described in Deed #01-0592059, recorded July 2, 2001 and known as the 9.898 acre Town parcel, more particularly described as follows: Beginning at the southeast corner of said Town parcel; Thence north 88 degrees 40 minutes 00 seconds west along the northerly right-of-way line of Calaveras Avenue a distance of 222.45 feet; Thence departing said right-of-way line north 01 degrees 20 minutes 00 seconds east said parcel boundary a distance of 106.14 feet; Thence departing said parcel boundary south 60 degrees 18 minutes 55 seconds east a distance of 65.28 feet; Thence south 88 degrees 40 minutes 00 seconds east a distance of 165.00 feet to a point on the boundary of said parcel; Thence following said parcel boundary south 01 degrees 20 minutes 00 seconds west a distance of 75.14 feet to the point of beginning; Containing 17,605.37 sf, more or less, subject to all existing easements. Four Peaks Neighborhood Park Parcel -Parking -Access Easement.doc Page 1 of 1 EXHIBIT B TOWN OF FOUNTAIN HILLS GRANT OF PARKING AND ACCESS EASEMENT A PORTION OF PLAT 107, BLOCK 18, LOT 1 PORTION OF LOT 1, BLOCK 18 TOWN PARCEL - FOUR PEAKS NEIGHBORHOOD PARK DEED# 2001-0592059 APN NO. 176-04-354D 3, S77'12'33"W S3_7If 9.04' 61.29 3 FOUR PEAKS N785g 57"w-151.33. i0 �r. ELEMENTARY SCHOOL F.H. BOYS AND ��_ a DEED#09778-0287 GIRLS CLUB too -�= o APN NO. 176-04-354E (F.H.U.S.D.) DEED# 09778-0287 IV69•1 APN NO. 176-04-354F -' � 0 w S60°18'55"E s � 65.28' • :•:.:..� AS so sRsF S88°40'00"E-165.00' '...L.l. PROPOSED r;.--.�r t.............. .......... �.,. o- ._ O ) � =POINT OF PARKING ;.;•......:......•............... ^ p % BEGINNING 20 19 18 17 PLAT SCALE: 1 "=100' CALAVERAS AVENUE M 16 15 14 13 101, BL CK 5 NEW PARKING AND ACCESS EASEMENT DATE: 4-22-2003 Town of Fountain Hills Town Council Agenda Action Form Meeting Type:' Regular Meeting Submitting Department: Town Manager Consent:® Regular:❑ Meeting Date: 5/1/03 Contact Person: Andrew McGuire Requesting Action:® TVDe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ® Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: report Council Prioritv (Check Appropriate Area_ ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Rej4ular Agenda Wording: CONSIDERATION of approving a settlement regarding the Gibson lawsuit. Staff Recommendation: Approve Fiscal Impact: Yes `�• Purpose of Item and Background Information: The Town Attorney will provide background information to you next week. List All Attachments as Follows: Town Attorney will provide next week. Tvpe(s) of Presentation: report Signatures of Submittinjz Staff: Department Head Town Nfanager Designee \\earth\sstein\agenda cover sheet\gibson lawsuit.doc Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department:; Town Manager Consent:❑ Regular;® Meeting Date: 5/l/03 Contact Person: Tim Pickering Requesting Action:© Tvne of Document Needing Annroval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Annropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular A14enda Wording: Consideration of RESOLUTION 2003-17 declaring support for the efforts of the United States Government and coalition forces and the future of the Iraqi government. Staff Recommendation Approve Fiscal Impact: No Purpose of Item and Background Information: Mayor Beydler will read and Council will consider the approval of a resolution supporting the onoging efforts of our American troops and coalition forces to free Iraq to build a new government. List All Attachments as Follows: Copy of Resolution 2003-17 Type(s) of Presentation: oral Silznatures of Submitting Staff: Department Head Town ianager / Designee eAagenda cover sheetVesolution supporting iraq.doc Budget Review (if item not budgeted or exceeds budget amount) RESOLUTION NO.2003-17 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS DECLARING SUPPORT FOR THE EFFORTS OF THE UNITED STATES GOVERNMENT AND COALITION FORCES AND THE FUTURE OF THE IRAQI GOVERNMENT. WHEREAS, the United States of America (the "United States") and Coalition Forces are currently engaged in a military campaign to safeguard our freedom and to permanently eradicate global terrorism; and WHEREAS, these uniformed men and women of our country and others, away from home and loved ones, are helping to obtain freedom for those unable to have peace in their country as well as helping to preserve freedom for each of us upon our own land; and WHEREAS, we acknowledge their noble endeavor to free the oppressed people of Iraq. We are grateful to them for their service and vow to support them both now and when they return; and WHEREAS, the United States and its coalition partners respect the people of Iraq, and are taking unprecedented measures to spare the lives of innocent Iraqi citizens, and are beginning to deliver food, water and medicine to those in need; and WHEREAS, in the new era coming to Iraq, this country will no longer be held captive to the will of a cruel dictator, and will be free to build a better life, to pursue economic prosperity without the hardship of sanctions, to freely travel and speak their minds, and free to join in political affairs. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the Mayor and Council of the Town of Fountain Hills (the "Town Council") fervently hopes for the successful conclusion of the campaign against terrorism and safe return of the brave men and women of the Armed Forces and our coalition partners. SECTION 2. That Town Council recognizes and supports the efforts of the United States and its coalition partners in ending a brutal regime, and helping the Iraqi nation build a peaceful and representative government, protecting the rights of all citizens. SECTION 3. That the Town Council encourages the citizens of Fountain Hills to demonstrate their support of our military forces as they assist in freeing Iraq from its long era of fear and cruelty, allowing its citizens the freedom to go forward as a respected unified, independent, and sovereign nation. 9196.001\Reso1utions\Iraqi Freedom.res.doc 4-23-03 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, May 1, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Timothy G. Pick -'ng, Town Manager 9196.001\Reso1utions\Iraqi Freedom.res.doc 4-23-03 2 APPROVED AS TO FORM: An w J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting Date: 5/l/03 Contact Person: Tim Pickering Requesting Action:® Type of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: MOU Council Prioritv (Check Atmronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the Town of Fountain Hills entering into the "PARTNERSHIPS MEMORANDUM OF UNDERSTANDING" which supports the development, operation, and maintenance of the Arizona Trail. Staff Recommendation: Approve Fiscal Impact: No 0 Purpose of Item and Background Information: Mayor Beydler serves on the Arizona Trail Association Advisory Council, and would like the Fountain Hills Town Council to consider supporting the development, operation, and maintenance of the Arizona Trail. Please note that no financial obligations are involved. List All Attachments as Follows: Letter dated 2/27/03 from the Arizona Trail Association, Memorandum of Understanding Tvpe(s) of Presentation: oral Signatures of Submitting Staff: Department Head Town Manager / Designee e:\agenda cover sheet\arizona trail.doc Budget Review (if item not budgeted or exceeds budget amount) February 27, 2003 Mayor Jon Beydler Town of Fountain Hills P O Box 17958 Fountain Hills, AZ 85269-7958 Dear Mayor Beydler: As you know, the Arizona Trail Association (ATA) is a 501 (c)(3) organization devoted to the completion of a 790-mile recreational, non -motorized trail which stretches from the Utah to Mexico borders. It is an outstanding concept which has become an exciting reality; 600 miles of the trail is completed and it has a strong cadre of volunteer stewards and trail builders. A Nina Mason Pulliam grant has allowed ATA to hire me and to reach for a higher level of partnership and public involvement. We have a great series of campaigns and events lined up for 2003. The themes in 2003 include preservation of this valuable open space, public education about the socio-economic and health benefits of outdoor recreation along the trail, and inspiring more youth to become involved in hiking, biking and horseback riding activities associated with the Trail. A special effort will be made again this year to get the Arizona Trail designated as a National Scenic Trail, providing permanent protection for this invaluable open space corridor and enhancing the tourism awareness and value of the Trail and Arizona. I will be in Washington, DC the week of March 2, speaking with Congressional staffs and agency heads about this important quest. I appreciate your willingness to serve on the ATA Advisory Council and everything you have done so far to support ATA. The past two years, ATA has been working on updating an interagency MOU regarding management of the Trail. I noticed that your city was not a signer of the original MOU. Now is a perfect time for your city to become a signer of the agreement (no financial obligations are involved), as we hope to sign the updated agreement at the April 10 Advisory Council meeting. I have enclosed a copy of the previous MOU. If you would like your city added to the MOU, please notify me in writing (PO Box 36736, Phoenix, AZ 85067 or fax 602-222-9072) no later than March 14, 2003. Call me (602-301-9900) if you have questions. Thank you. Sincerely, C�.0 Denise Meridith Executive Director Post Office Box 36736 0 Phoenix, Arizona 85067 0 (602) 252-4794 www.aztrail.org a email ata@aztrail.org MEMORANDUM OF UNDERSTANDING Partnerships Arizona State Parks Board %AIM USDA, Forest Service USDOI, Bureau Of Land Management USDOI, National Park Service Pima County And Arizona a The Arizona Trail Association Stets harks RE: Supporting the Development, Operation, and Maintenance of the Arizona Trail MOU NO. Rev 02/03 Issued: I. PARTICIPANTS: The participants are listed as follows: A. The Arizona State Parks Board, hereafter referred to as ASPB, and Page 1 of 7 B. The U.S. Department of Agriculture, Forest Service (Coconino National Forest, Coronado National Forest, Kaibab National Forest, and Tonto National Forest), hereinafter referred to as the Forest Service; C. The U.S. Department of the Interior, Bureau of Land Management, Arizona, hereinafter referred to as the BLM; D. The U.S. Department of Interior, National Park Service, (Rivers, Trails, and Conservation Assistance Program, Grand Canyon National Park, Walnut Canyon National Monument, Saguaro National Park, and Coronado National Memorial), hereinafter referred to as the NPS, and E. The Pima County Parks & Recreation, hereafter referred to as Pima County. F. Pinal County G. City of Flagstaff H. The above listed parties (1)(A) through (E) are hereinafter referred to as the Arizona Trail Partners. 1. The Arizona Trail Association, hereafter referred to as the ATA. AUTHORITY A. FEDERAL Authority 1. The U.S. Department of Agriculture, Forest Service is authorized by the provisions of the National Trails System Act, P.L. 90-543 (16 U.S.C. §1241-1249) as amended, to enter into this Agreement. 2. The U.S. Department of the Interior, Bureau of Land Management is authorized by the Federal Land Policy and Management Act of 1976 (43 U.S.C. §1701-1782), and Act approved October 24, 1994, P.L. 98-540 (98 Stat. 2718) to enter into this Agreement. 3. The U.S. Department of the Interior, National Park Service is authorized by the provisions of the National Trails System Act, P.L. 90-543, (16 U.S.C. §1241-1249) as amended, and the Land and Water Conservation Act, (16 U.S.C. § 4601-1 (d)) to enter into this Agreement. B. STATE Authority The ASPB is authorized by A.R.S. §41-511.04, 41-511.05, and 41-511.22 to enter into this Agreement. MEMORANDUM OF UNDERSTANDING Partnerships Arizona State Parks Board USDA, Forest Service USDOI, Bureau Of Land Management USDOI, National Park Service Pima County And Arizona 3 The Arizona Trail Association Rats Parks RE: Supporting the Development, Operation, and Maintenance of the Arizona Trail MOU NO. Rev 02/03 Issued: Page 2 of 7 III. PURPOSE The purpose of this MOU is to set out in general terms the agreed upon cooperative relationship among the Arizona Trail Partners and between the Arizona Trail Partners and the ATA for the Arizona Trail. This MOU will establish a framework upon which the Arizona Trail Partners and the ATA may cooperatively plan for the development, operation, and maintenance of the Trail All parties mutually agree that no funding is obligated under this MOU. IV. STATEMENT OF WORK The parties mutually agree to: 1. Meet jointly with the other parties at least annually to identify and resolve issues of mutual interest and to outline priorities within the scope of this MOU. Any Arizona Trail Partner or ATA can call meetings with sufficient notice to each of the parties. 2. Cooperate in implementing the Management Guide. The Management Guide governs the development, operation, and maintenance of the Trail, and addresses, but is not limited to, the following: a. Purpose, Mandate, and Process b. History, Partnerships, and Economic Benefits C. Description of the Trail Corridor d. Existing Arizona Trail Segments e. Planning new Arizona Trail Segments on Public Lands f. Location Criteria g. Trail Segment Designation Process In. Rights -of -Way Acquisition Process i. Public involvement j. Trail corridor protection k. Suggested trail and facility standards for agencies without trail and facility standards I. Information on trail signage and trailhead kiosk designs M. Trail maintenance and use of volunteers n. Trail information and publicity o. Arizona Trail and Wilderness P. User safety, water, hunting, grazing, and multiple -use q. Permits, special events, and large group use r. Interpretation S. Funding and labor sources t. Arizona Trail Passages U. Annual Action Plan V. Procedures for amendment 3. Cooperate in developing, operating, and maintaining segments of the Trail within respective jurisdictions, including any construction activities, signing, and marking. MEMORANDUM OF UNDERSTANDING A 6 Partnerships Arizona State Parks Board USDA, Forest Service USDOI, Bureau Of Land Management USDOI, National Park Service Pima County And Arizona a The Arizona Trail Association 5tats Parks RE: Supporting the Development, Operation, and Maintenance of the Arizona Trail MOU NO. Rev 02/03 Issued: Page 3 of 7 4. Provide the ATA with a set of detailed maps indicating the Trail location (or acceptable trail alignments) on respective lands. 5. Afford opportunities for review and comment on agency plans and programs affecting the Trail. If agency plans do not conform to the Management Guide provisions, amendment of the Management Guide may be considered according to criteria established under 2(v) above. 6. Cooperate in encouraging political subdivisions, landowners, private organizations, or individuals within the State of Arizona to develop and maintain portions of the Trail and selected Trail facilities outside the exterior boundaries of Federal, State, and local administered areas, in accordance with the Management Guide. 7. Coordinate interpretive activities and programs to avoid duplication in these matters and to assure that the efforts of each party will complement those of the other. Participate, as capable, in events and activities designed to promote public awareness, community involvement, and environmental education related to The Arizona Trail. 8. Assure consistency between the Management Guide and agency land use plans. 9. Serve, as desired and available, as non -voting member of boards, committees or task forces related to the mission of The Arizona Trail. 10. In accordance with ASP Contract 00-118, the ATA will provide statewide coordination and planning assistance to the other Arizona Trail Partners. The ATA's duties shall include: a. Update the Management Guide. b. Oversee consistent implementation of the Management Guide. C. Coordinate the location of the Trail with all concerned parties. d. Explore funding options for the Trail. e. Serve as the lead for statewide coordination of items in this MOU and any separately executed Intergovernmental Agreement. f. Develop a Trail route map, following the direction in the Management Guide. g. Assist agencies to prepare trail segment nominations to the State Trails System administered by the ASPB. h. Carry out other duties as may be assigned in the separately executed Intergovernmental Agreement funding the contract. i. Coordinate activities and programs and cooperate with the other Arizona Trail Partners to assure that the efforts of all parties will complement those of the others. j. Act as principal contact and coordinator with private interests and actively promote and coordinate efforts by appropriate individuals and volunteer organizations to develop and maintain segments of the Trail. Further, while working closely with the Arizona Trail MEMORANDUM OF UNDERSTANDING Partnerships Arizona State Parks Board USDA, Forest Service USDOI, Bureau Of Land Management USDOI, National Park Service Pima County And Arizona ( The Arizona Trail Association 5tata f�xrks Im RE: Supporting the Development, Operation, and Maintenance of the Arizona Trail MOU NO. Rev 02/03 Issued: Page 4 of 7 Partners, the ATA will develop a network of Segment Stewards to develop and maintain the Trail, working in cooperation with involved organizations, agencies, and land managers. K. All efforts by the ATA and the Segment Stewards to develop, operate, and maintain any segments of the Trail and related facilities will be consistent with the Management Guide and approved land use and development plans of the responsible management agencies. 11. The Arizona Trail Partners will encourage their staffs to actively participate with and encourage individuals and groups who come forward to serve as Segment Stewards. Agencies should use their own trail adoption or volunteer agreement forms or a standard trail adoption agreement created for this purpose by ATA and the Arizona Trail Partners. Segment Stewards and the land managers for each segment of the Trail adopted will complete such agreements. As circumstances and agency regulations permit, land management agencies will extend liability and other coverage, as feasible, to Segment Stewards, pursuant to compliance with their own regulations. 12. Both the Arizona Trail Partners and the ATA will be concerned with general publicity and public relations regarding the Trail, but development and distribution of detailed maps and guidebooks for the Trail will be the prerogative of the ATA. The Arizona Trail Partners agree to provide the ATA with up-to-date information about the status of Trail development and to cooperate in offering such maps and guidebooks for sale to the public as appropriate and allowed by agency regulations. THIS MOU IS SUBJECT TO THE FOLLOWING PROVISIONS AS APPLICABLE BY LAW: A. Officials not to Benefit: No member of or delegate to Congress shall be admitted to any share or part of this MOU or to any benefit that may arise therefrom; but this provision shall not be construed to extend to MOU if made with a corporation for its general benefit. B. Cancellation by Governor: The State of Arizona may cancel this MOU without penalty or further obligation pursuant to A.R.S. §38-511 (Conflict of Interest). C. Civil Rights Assurance and Nondiscrimination: During the performance of this IGA, the parties agree to abide by the terms of Executive Order 11246 and Executive Order 99-4 on non- discrimination and will not discriminate against any person because of race, color, religion, sex, or national origin. The parties will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, or national origin. These include but are not limited to (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. C.2000d), which prohibits discrimination on the basis of race, color, handicap, or national origin; (b) Title IX of the Education amendments of 1972, as amended (20 U.S.C. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex. D. Promotions: The parties to this agreement shall not publicize, or otherwise circulate, promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies Governmental endorsement of a product, service, or position. No release of information relating to this agreement may state or imply approval. ' MEMORANDUM OF UNDERSTANDING Partnerships Arizona State Parks Board USDA, Forest Service USDOI, Bureau Of Land Management USDOI, National Park Service Pima County And Arizons 6 The Arizona Trail Association Stets marks RE: Supporting the Development, Operation, and Maintenance of the Arizona Trail MOU NO. Rev 02/03 Issued: Page 5 of 7 E Public Information Release: Prior to any public information release made by one party, in regards to another party, with regard to the Trail, any public employee (by name or title), or to this agreement, shall request in writing advanced approval by the other party before releasing such public information. F. Nothing in this MOU shall be construed as limiting or expanding the statutory responsibilities of the parties in performing functions beyond those granted to them by law; or as requiring the parties to expend any sum in excess of its respective appropriations. Each and every provision of this MOU is subject to the laws and regulations of the State of Arizona, the laws of the United States, and the regulations of the Secretaries of Agriculture and Interior. G. To the extent required pursuant to A.R.S. § 12-1518, and any successor statutes, the parties agree to use arbitration, after exhausting all applicable administrative remedies, to resolve any dispute arising out of this MOU. H. Termination, Withdrawal, Amendment may be accomplished as follows: 1. This MOU shall continue in effect unless terminated by mutual written agreement of the parties. 2. Any party may withdraw from this MOU by giving 60 days advance written notice to the other parties. 3. This MOU may only be amended by mutual written agreement of the parties. I. Records. Under A.R.S. § 35-214 and § 35-215, the parties shall retain all data and other records ("records") relating to this project for a period of five years after the completion of the MOU. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the parties shall produce a legible copy of any or all such records. VI. INCORPORATED BY REFERENCE ASPB Contract Number 00-118 with the Arizona Trail Association. VII. SIGNATURE AUTHORITY A. This Memorandum of Understanding is entered into and is effective upon filing with the Secretary of State. B. By signing below, the signers certify the authority to enter into this agreement and has read the foregoing and agrees to accept the provisions herein. C. This MOU may be executed in counterpart. MEMORANDUM OF UNDERSTANDING Partnerships Arizona State Parks Board USDA, Forest Service USDOI, Bureau Of Land Management USDOI, National Park Service Pima County And Arizona 6 The Arizona Trail Association SUt;s harks RE: Supporting the Development, Operation, and Maintenance of the Arizona Trail MOU NO. Rev 02103 Issued: Page 6 of 7 ABOVE CONDITIONS AND PROVISIONS SIGNED AND AGREED TO BY THE FOLLOWING: Forest Supervisor, Coconino National Forest Date Forest Supervisor, Coronado National Forest Date Forest Supervisor, Kaibab National Forest Date Forest Supervisor, Tonto National Forest Date State Director, Bureau of Land Management Date Agreement Officer, National Park Service Date Branch Chief, National Park Service -- Rivers, Trails, Date and Conservation Assistance Program Superintendent, Coronado National Memorial Date Superintendent, Grand Canyon National Park Date Superintendent, Saguaro National Park Date Superintendent, Walnut Canyon National Monument Date Director, Pima County Parks and Recreation Department Date � MEMORANDUM OF UNDERSTANDING Partnerships Arizona State Parks Board �■ USDA, Forest Service USDOI, Bureau Of Land Management USDOI, National Park Service Pima County And Arizona ( The Arizona Trail Association &Uts Parks RE: Supporting the Development, Operation, and Maintenance of the Arizona Trail MOU NO. Rev 02/03 1 Issued: I Page 7 of 7 Grants Coordinator, Pinal County Parks and Recreation Director, Coconino County Mayor, City of Flagstaff Executive Director, Arizona State Parks Executive Director, ARTZONA TRAIL ASSOCIATION Date Date Date Date ae Town of Fountain Hills Town Council Agenda Action Form '-NAW Meeting Type: Regular Meeting Submitting Department: Parks and Recreation Consent:❑ Regular:® Meeting Date: May 1, 2003 Contact Person: Corey Hromek Requesting Action:❑ Tyne of Document Needine ADDroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: "Year In Review" presentation Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:® ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Relzular Agenda Wording: Presentation by the MYC officers, a "Year In Review". Staff Recommendation: Approve Fiscal Impact:No .,, Purpose of Item and Background Information: Officers of the Mayor's Youth Council will give a "Year In Review" presentation of the MYC and its activities during the past year. List All Attachments as Follows: Type(s) of Presentation: Oral Signatures of Submittiny_ Staff: �L\�rDepartment Head Town Manager / Designee 41 Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF PARKS AND RECREATION INTER OFFICE MEMO TO: Mayor and Town Council DT: April 9, 2003 FR: Corey Hromek Parks and Recreation Department RE: MYC Presentation This memo is regarding the "Year In Review" presentation by the officers of the Mayor's Youth Council. The three officers are Pavan Manhas — Chair, Jason Becklund — Vice -chair and Kristen Anderson — Secretary. They will take turns speaking about the group, its mission, activities it has participated in throughout the year and, finally, they will highlight some of the group's accomplishments. The presentation itself should only last about ten minutes. We look forward to the opportunity to share with you some stories of our success! Thanks! 2002 — 2003 Mayor's Youth Council Officers Pavan Manhas: Chairman, a junior who has been in the Mayors Youth Council for three years. Jason Becklund: Vice -chair, a senior, his first year in the Mayors Youth Council, headed to Arizona State University. Kristen Anderson: Secretary, senior, second year Mayors Youth Council member, headed to Arizona State University. These three students met with Corey before every Mayors Youth Council meeting to help plan the agendas, coordinate guest speakers, and organize future projects. They ran the meetings, answered questions and always did more than what was expected of them. Pavan, Jason and Kristen have set a great example for future Mayor's Youth Council Officers to follow. Their leadership helped guide the Mayor's Youth Council to its most successful year ever! " I would like to present these plaques to Pavan Manhas, Jason Becklund and Kristen Anderson in recognition of their outstanding contribution to the Town of Fountain Hills." 3 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:❑ Regular:® Meeting Date: 5/l/2003 Contact Person: Julie Ghetti Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Public Art Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consider accepting a donation of one piece of public art from the Fountain Hills Arts Council and the Fountain Hills Public Art Committee. Staff Recommendation: Approve Fiscal Impact: Yes $150.00 Purpose of Item and Background Information: Dr. Paul Kolwait will represent the Fountain Hills Arts Council and the Fountain Hills Public Art Committee who wish to donate a sculpture piece to the Town of Fountain Hills. The sculpture is a piece of work entitled "The Enduring Family" created by artist J. K. Laing. The funding for the art will be provided through the Sunridge Foundation and the Fountain Hills Civic Association. The sculpture will be unveiled at the Sunridge Foundation annual fund raising dinner on October 25, 2003 and will be placed in the Community Center patio. List All Attachments as Follows: Memorandum dated April 16, 2003 to the Mayor and Town Council from Dr. Paul Kolwaite with photographs of art pieces. Type(s) of Presentation: oral Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) i `�r -� 'off 4 S 3 Town Manager / Designee \\earth\jghetti\wpdata\agenda cover sheet.doc MEMO TO: Mayor Jon Beydler and Town Council FROM: Paul Kolwaite SUBJECT: Sculpture acquistion DATE: April 16, 2003 The Fountain Hills Arts Council and Public Art Committee would like to request approval by the Town Council, at the May Ist council meeting, of the acquisition by the Town of Fountain Hills of a sculpture piece by Arizona artist J. K. Lang named "The Enduring Family." This piece will be acquired this fall by the Arts Council through funding from the Sunridge Foundation and the Fountain Hills Civic Association. It will be unveiled at the Sunridge Foundation annual fund raising dinner at the Community Center on October 25th. We are requesting approval several months in advance in order that the artist may have sufficient time to complete the piece of work. A pair of photos of the piece of sculpture is attached. If you would like these in any other format so that they may be projected on the screen for public display, please let us know. We can accommodate any requested format. It is expected that the piece will be located in the Community Center patio. As with all of the pieces that have been acquired for this area in the last two years, it may be relocated if future plans make it appropriate to do so. We note with pride that this is the 15th piece of art work that has been given to the Town of Fountain Hills in the last two years through the efforts of the Civic Association, the Fountain Hills Arts Council, the Fountain Hills Public Art Committee, the Sunridge Foundation, the Fountain Hills Library Association, MCO Properties and gifts by many private citizens. Jaefde ,Miles, President of the Fountain Hills Arts Council. Jain Xe&wite, Chairman of the Fountain Hills Public Art Committee Town of Fountain Hills IR Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent: ❑ Regular: Meeting Date: 5/l/2003 Contact Person: Julie Ghetti Requesting Action:® TVDe of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of Resolution 2003-14 adopting the Town of Fountain Hills Financial Policies, including a Fund Balance policy. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Resolution 2003-14 establishes financial policies for the Town of Fountain Hills, incorporating a formal fund balance policy. The establishment of financial policies is an important factor to the financial community in rating the Town's creditworthiness. The Town of Fountain Hills bond rating of Aa3 has been assigned a "negative outlook" due to the lack of "multi -year financial planning or reserve policies" according to Moody's Investors Services. Resolution 2003-14 is the beginning step in efforts to restore the Aa3 credit rating. List All Attachments as Follows: Resolution 2003-14, proposed Town of Fountain Hills Financial Policies, Government Finance Officers Association recommended practice for Appropriate Level of Unreserved Fund Balance, letter from Moody's Investors Service dated April 16, 2003. Type(s) of Presentation: oral Signatures of Submitting Staff: -1)6. 0 " IA� Dep tment cad Town Manager / Designee \\earth\jghetti\wpdata\agenda cover sheet.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Mr. Timothy Pickering, Town Manager I DT: April 24, 2003 FR: Julie A. Ghetti, Accou ting Supervisor I RE: Fund Balance Policy Administration The agenda for the May 1, 2003 Town Council meeting includes discussion and consideration of a formal fund balance policy. The research that has been completed to date has included the following: 1. A request to eight cities and towns in Maricopa County for their respective policies on fund balance (received Peoria, Chandler, Avondale, Gilbert and Goodyear). 2. On line research of other cities across the country for available fund balance/financial policies. 3. Government Finance Officers Association (GFOA) recommended practices. 4. National Advisory Council on State and Local Budgeting (NACSLB) recommended practices. The research has provided invaluable information and resources to assist in the development of a fund balance policy. The research has also revealed the necessity for a fund balance policy that is incorporated within a comprehensive financial policy. I have drafted a policy for your review that includes the fund balance policy, financial planning, expenditure control, revenues and collections. A debt policy will be presented at a future date. The proposed policy on fund balance is modeled after the Government Finance Officers Association of Arizona (GFOAZ) sample policy but taking into consideration the requirements for the Town of Fountain Hills. The financial policy incorporates a fund balance policy that is divided into three segments — the Undesignated Unreserved Fund Balance (contingency or rainy day), Designated Unreserved Fund Balance (reserved for future expenditures) and Reserved Fund Balance (not available for appropriation). This is consistent with the model policy from the GFOAZ. As stated in the policy one of the objectives of a fund balance policy is to maintain a reserve balance of 30% of revenues. This is consistent with the surrounding peer communities and used by rating agencies such as Moody's Investor Services in evaluating credit worthiness. The Town of Fountain Hills has historically achieved a fund balance of $6.3M (200 days of revenue); Page 2 however, expenditures over the last three years have depleted the fund balance to it's present level of approximately $2.8M (79 days of revenue). This is the primary factor that resulted in the Town bonds being assigned a negative outlook by Moody's Investors Service. Fountain Hills will be watched closely for indications that steps are being taken to "restore ending General Fund balance to favorable levels" (Moody's letter dated April 16, 2003, copy attached). Having three separate divisions of fund balance will allow flexibility with capital spending, economic downturns or unforeseen emergencies. If one segment is reduced the other two will ensure that sufficient fund balance is maintained to satisfy the financial community. If this policy is enacted for the upcoming budget year the dollar amounts associated with each are: Undesignated Unreserved 30 days operating expenses* $1,022.750 Designated Unreserved <10% of average actual revenues $1,230,675 Reserved 20% of average actual revenues $2,461,350 TOTAL $4,714,775 *The 30 day requirement for the Undesignated Unreserved funds is the minimum requirement recommended by the Government Finance Officers Association (GFOA) to fund operations in the event of unanticipated expenditure or loss of revenue. The reserve is intended for expenditures that arise due to unforeseen or emergency circumstances. The Designated Unreserved balance of not less than 10% of average actual revenues is a minimum and that would be based upon a Property and Equipment Replacement Schedule that has yet to be developed as part of a long range plan updated annually. This appropriation will be used to accumulate reserves for pay-as-you-go capital expenditures replacement program. The recommended 20% of average actual revenues for Reserved Fund Balance is more than the GFOA recommended minimum 15% but less than the 30% that the surrounding peer communities with a similar bond rating maintain. However, the additional 10% of Designated Unreserved fund balance will ensure that the Town maintains the recommended 30%. As proposed in the Fiscal Year 2003-2004 budget the General Fund balance will be less than the $4.7M goal; funds should be appropriated on an annual basis until we reach the desired reserve level. The policy includes requirements for bringing the Designated Unreserved fund balance back in compliance over a five year period (or less if possible). I would be happy to answer any questions or suggestions to the policy that you may have. \\earth\JGhetti\WPDATA\INTEROFFICE MEMO GHETTI.doc RESOLUTION NO. 2003-14 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS FINANCIAL POLICIES. WHEREAS, the Mayor and Council of the - Town of Fountain Hills (the "Town Council") has determined that it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to establish written financial policies that safeguard the Town's financial condition despite changes in Town personnel or political bodies; and WHEREAS, the existence of written financial policies is an important factor in securing and maintaining a favorable municipal bond rating; and WHEREAS, the Town Council desires to establish a financial policies to formalize the framework for the Town's fiscal planning and management to enhance the Town's financial health as well as its image and credibility with its citizens, the public in general, bond rating agencies and investors. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the "Town of Fountain Hills Financial Policies" is hereby adopted in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Town Manager is hereby authorized and directed to take all steps necessary to ensure that the Town of Fountain Hills Financial Policies are implemented and applied to the Town's financial management. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 1, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Tim G' is ering, Town Manager 9196.001\ A Fund Balance.Pohcy.res.doc 4-24-03-1 APPROVED AS TO FORM: 0, - V w� Andrew J. McGuire, Town Attorney Appropriate Level of Unreserved Fund Balance in the General Fund (2002) Background. Accountants employ the term fund balance to describe the net assets of governmental funds calculated in accordance with generally accepted accounting principles (GAAP). Budget professionals commonly use this same term to describe the net assets of governmental funds calculated on a government's budgetary basis.' In both cases, fund balance is intended to serve as a measure of the financial resources available in a governmental fund. Accountants distinguish reserved fund balance from unreserved fund balance. Typically, only the latter is available for spending. Accountants also sometimes report a designated portion of unreserved fund balance to indicate that the governing body or management have tentative plans concerning the use of all or a portion of unreserved fund balance. It is essential that governments maintain adequate levels of fund balance to mitigate current and future risks (e.g., revenue shortfalls and unanticipated expenditures) and to ensure stable tax rates. Fund balance levels are a crucial consideration, too, in long-term financial planning. In most cases, discussions of fund balance will properly focus on a government's general fund. Nonetheless, financial resources available in other funds should also be considered in assessing the adequacy of unreserved fund balance in the general fund. Credit rating agencies carefully monitor levels of fund balance and unreserved fund balance in a government's general fund to evaluate a government's continued creditworthiness. Likewise, laws and regulations often govern appropriate levels of fund balance and unreserved fund balance for state and local governments. Those interested primarily in a government's creditworthiness or economic condition (e.g., rating agencies) are likely to favor increased levels of fund balance. Opposing pressures often come from unions, taxpayers and citizens' groups, which may view high levels of fund balance as "excessive." ® Recommendation. GFOA recommends that governments establish a formal policy on the level of unreserved fund balance that should be maintained in the general fund.Z GFOA also encourages the adoption of similar policies for other types of governmental funds. Such a guideline should be set by the appropriate policy body and should provide both a temporal framework and specific plans for increasing or decreasing the level of unreserved fund balance, if it is inconsistent with that policy. 3 The adequacy of unreserved fund balance in the general fund should be assessed based upon a government's own specific circumstances. Nevertheless, GFOA recommends, at a minimum, that general-purpose governments, regardless of size, maintain unreserved fund balance in their general fund of no less than five to 15 percent of regular general fund operating revenues, or of no less than one to two months of regular general fund operating expenditures.4 A government's particular situation may require levels of unreserved fund balance in the general fund significantly in excess of these recommended minimum levels.5 Furthermore, such measures should be applied within the context of 1 For the sake of clarity, this recommended practice uses the terms GAAP fund balance and budgetary fund balance to distinguish these two different uses of the same term. 2 Sometimes reserved fund balance includes resources available to finance items that typically would require the use of unreserved fund balance (e.g., a contingency reserve). In that case, such amounts should be included as part of unreserved fund balance for purposes of analysis. See Recommended Practice 4.1 of the National Advisory Council on State and Local Budgeting governments on the need to "maintain a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls or unpredicted one-time expenditures" (Recommended Practice 4.1). 4The choice of revenues or expenditures as a basis of comparison may be dictated by what is more predictable in a government's particular circumstances. In either case, unusual items that would distort trends (e.g., one-time revenues and expenditures) should be excluded, whereas recurring transfers should be included. Once the decision has been made to compare unreserved fund balance to either revenues or expenditures, that decision should be followed consistently from period to period. 5 In practice, levels of fund balance, (expressed as a percentage of revenues/expenditures or as a multiple of monthly expenditures), typically are less for larger governments than for smaller governments because of the magnitude of the amounts involved and because the diversification of their revenues and expenditures often results in lower degrees of volatility. long-term forecasting, thereby avoiding the risk of placing too much emphasis upon the level of unreserved fund balance in the general fund at any one time. In establishing a policy governing the level of unreserved fund balance in the general fund, a government should consider a variety of factors, including: • The predictability of it revenues and the volatility of its expenditures (i.e., higher levels of unreserved fund balance may be needed if significant revenue sources are subject to unpredictable fluctuations or if operating expenditures are highly volatile). • The availability of resources in other funds as well as the potential drain upon general fund resources from other funds (i.e., the availability of resources in other funds may reduce the amount of unreserved fund balance needed in the general fund, just as deficits in other funds may require that a higher level of unreserved fund balance be maintained in the general fund). • Liquidity (i.e., a disparity between when financial resources actually become available to make payments and the average maturity of related liabilities may require that a higher level of resources be maintained). • Designations (i.e., governments may wish to maintain higher levels of unreserved fund balance to compensate for any portion of unreserved fund balance already designated for a specific purpose). Naturally, any policy addressing desirable levels of unreserved fund balance in the general fund should be in conformity with all applicable legal and regulatory constraints. In this case in particular, it is essential that differences between GAAP fund balance and budgetary fund balance be fully appreciated by all interested parties. Approved by the Committee on Accounting, Auditing and Financial Reporting and the Committee on Governmental Budgeting and Management, January 30, 2002 Approved by the Executive Board, February 15, 2002. 0 Moody's Investors Service 99 Cnuron Stree! New York, New Y-,rk 100117 April 16, 2003 Timothy G. Pickering Town Manager Town of Fountain Hills P.O. Box 17958 Fountain Hills, AZ 85269 Dear Mr. Pickering: We wish to inform you that on April 8, 2003, Moody's Rating Committee has removed from the Watchlist the Aa3 general obligation bond rating to the Town of Fountain Hills and assigned a negative outlook to the Town's Aa3 rating. In order for us to maintain the currency of our ratings, we request that you provide ongoing disclosure, including annual financial and statistical information. Moody's will monitor this ratinc, and reserves the right, at its sole discretion, to revise or withdraw this rating at any time in the future. The rating as well as any revisions or withdrawals thereof will be publicly disseminated by Moody's through normal print and electronic media and in response to verbal requests to Moody's ratings desk. Should you have any questions regarding the above, please do not hesitate to contact the analyst or me assigned to this transaction, Helen Cregger at (212) 553-4559. Sincerely, Kenneth Kurtz Group Managing Director 7�WK au{'lCl1 Moody's Investors Service IU_ Global Credit Research Fountain Hills (Town of) AZ Contacts Helen Cregger 212-553-4559 Jolene K. Yee 415-274-1720 Matthew Jones 415-274-1735 Moody's Rating Municipal Credit Research Rating Update Published 8 Apr 2003 MOODY'S REMOVES THE GENERAL OBLIGATION BOND RATING FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA FROM WATCHLIST AND ASSIGNS A NEGATIVE OUTLOOK TO THE Aa3 RATING Aa3 RATING AND NEGATIVE OUTLOOK AFFECT $13.3 MILLION IN OUTSTANDING OBLIGATIONS Opinion Moody's Investors Service has removed from Watchlist the Aa3 general obligation bond rating of the Town of Fountain Hills, Arizona, and assigned a negative outlook to the town's Aa3 rating. The Aa3 rating and negative outlook affect $13.3 million in outstanding obligations and reflect anticipated weakening in the town's financial position along with uncertainty regarding the timeframe within which reserve levels will be restored to historical levels. The negative outlook also reflects the town's lack of multi -year financial planning or reserve policies that contributed to the expected deterioration in the town's financial results following its assumption of firefighting responsibilities without an offsetting revenue source. Future credit evaluations will focus on the town's ability to restore ending General Fund balances to historical levels as well as the steps taken to improve multi -year planning efforts and to establish reserve level policies that will guide budgetary decision making. Also incorporated in the Aa3 rating are the town's growing tax base driven by the town's location within the Phoenix metropolitan area, above average wealth levels and manageable debt profile. Moody's also rates the town's Municipal Facilities Revenue Bonds Al, based upon sound coverage levels approaching 10 times of maximum annual debt service. APPROVAL OF ADDITIONAL 1% SALES TAX AND RECENT BUDGETARY REDUCTIONS HELP TO OFFSET COSTS ASSOCIATED WITH NEW FIRE FIGHTING RESPONSIBILITIES, BUT OVERALL FINANCIAL POSITION EXPECTED TO DETERIORATE. In November 2001, the town assumed responsibility for fire fighting operations but lacked the property tax revenue, previously levied by the fire district, to financially support approximately $2.6 million in additional annual costs (over 15% of total operating expenditures). In fiscal 2002, the town utilized roughly $1.3 million in previously collected property taxes along with all accumulated fire district reserves to fund fire fighting operations for the remainder of the fiscal year. In May 2002, the town's electorate voted down a proposed property tax to fund fire operations, and the town appropriated all but $850,000 in General Fund reserves in its fiscal 2003 budget to fund these responsibilities. prompting serious concern about a significant erosion in the town's liquidity and reserve levels. In January 2003, the council did approve an additional 1 % sales tax on top of its existing sales tax of 1.6% that is expected to generate roughly $2.6 million in annual revenues (over $500,000 in fiscal 2003), sufficient to cover annual fire fighting operations beginning in fiscal 2004. (This additional sales tax will sunset should a second property tax proposal be approved by voters in May.) Subsequent to adoptic-in of the 2003 budget, the town also hired a new town manager in September 2002, who assisted town officials in identifying recurring budget reductions, and in December 2002, a $2.8 million budget reduction plan was approved by council. This plan included delays in capital expenditures and reductions in the town's workforce from 100 to 75 employees, with 16 positions eliminated through layoffs. As a result of these initiatives, in combination with better than anticipated revenues for State Shared Vehicle License Taxes and Building Permits, the town now projects an ending General Fund balance for fiscal 2003 of $2.5 million. While an improvement from the originally budgeted $850,000, this reserve level still marks a significant decline from average ending General Fund balances approaching $5.5 million over the prior five years and reflects escalating expenditure levels unmatched by increases in revenue given recent declines in sales tax receipts. Following average annual increases of 10.5% over the past five years, local sales tax receipts, which account for close to 30% of revenues, fell significantly in fiscal 2002, declining by 11.5%, reflecting significant slowing in consumer spending and tourist visits. Because of the town's relatively small population base, with just over 20,000 residents, it remains dependent for a portion of its sales tax receipts on tourist spending, which had demonstrated declines. Sales tax receipts are projected to remain essentially flat in fiscal 2003, but are expected to be somewhat bolstered by additional retail offerings including the opening of a new Target store in October 2002. Another property tax proposal will be put before voters in May, but should this proposal fail for a second time, concerns remain about the town's ability to fund a recurring, nondiscretionary expenditure with an economically variable revenue stream. Furthermore, town finances are expected to demonstrate significant deterioration in fiscal 2003 from historical levels and the town has not yet determined a timeframe within which reserves are expected to be restored to historical levels. The town's mayor faces a recall election in May, generating additional uncertainty regarding the direction of the town's financial strategies, voter support of the town's management and the proposed property tax to fund firefighting operations. Town officials are currently considering adopting a formal fund balance policy, and officials expect ending General Fund balances to remain above 15%. Nevertheless, given the town's high dependence on sales tax revenue to fund essential, nondiscretionary services, an ending General Fund balance of $2.5 million is low and compares unfavorably to peer cities with ending reserve levels averaging approximately 30% of revenues. Restoration of adequate reserve levels remains critical to the town given its reliance on more volatile sales tax revenue in addition to the establishment of adequate multi -year financial control and planning mechanisms. Future credit evaluations will focus on the town's fiscal 2003 ending results, 2004 budget and specific plans to restore ending General Fund balances to favorable levels. GROWING ECONOMY WITH ABOVE AVERAGE WEALTH LEVELS Fountain Hills is a 17 square -mile, primarily residential town within the substantial Maricopa County (GO rated Aa3) economy, located 35 miles northeast of Phoenix (GO rated Aa1) and just east of Scottsdale (GO rated Aaa). The town has experienced high levels of tax base growth, with full valuation more than doubling since fiscal year 1998, surpassing $2 billion in fiscal year 2001. Average annual growth in full value over the last 5 years is 20%. The growth in the tax base is largely residential, as evidenced by a 100% population increase from 1990 Census levels. However, moderate commercial expansion, in particular retail development, is beginning to meet the sustained residential demand. Additions to tourist facilities are also planned with expansion to the town's Copperwynd resort and construction of a new Hilton resort, which will include 250 rooms, recently approved by council. Home values approach 180% of state averages, and median sale prices have increased 22.3% from 2001 to 2003, exceeding a county average increase of 15.4%. Town officials estimate that the town will reach full build -out within the next seven to ten years, as the town cannot grow beyond its fixed borders. Socioeconomic indicators of this primarily wealthy residential community continue to exceed those of the state. MODERATE DEBT BURDEN Moody's expects that the town's debt burden will remain manageable given assessed valuation growth, rapid amortization of existing debt and the absence of future borrowing plans. The town has exhausted it bonding authority and has no plans to return to voters for additional authorization in the medium term. The town's debt burden, including MPC bonds, is moderate at 1.0% direct and 3.5% overall, repaid at a rate of 52% in ten years with all debt retired within 20 years. KEY STATISTICS 2001 population: 20,235 2002 full valuation: $2.03 billion 2002 full valuation per capita: $ 100,376 Debt burden: 3.5% Payout of principal (10 years): 51.5% (includes GO and MPC debt) FY02 General Fund balance: $4.8M (34.2% of General Fund revenues) Outlook The town's negative outlook reflects anticipated deterioration in the town's financial results in fiscal 2003, with an ending General Fund balance falling below historical levels and comparing unfavorably with median levels for other highly rated cities with a high dependence on sales tax revenues. The negative outlook also reflects the town's lack of multi -year planning or reserve policies that contributed to financial weakening and may delay a meaningful recovery to historical strength. G Copyright 2003, Moody's Investors Service, Inc. and/or its licensors including Moody's Assurance Company, Inc. (together, "MOO ALL INFORMATION CONTAINED HEREIN IS PROTECTED BY COPYRIGHT LAW AND NONE 0;: SUC INFORMATION MAY BE COPIED OR OTHERWISE REPRODUCED, REPACKAGED, FURTHEF TRANSMITTED, TRANSFERRED, DISSEMINATED. REDISTRIBUTED OR RESOLD. OR STOF,ED FOP SUBSEQUENT USE FOR ANY SUCH PURPOSE, IN WHOLE OR IN PART. IN ANY FORM OR r.1ANNcr^, OR BY ANY MEANS WHATSOEVER, BY ANY PERSON WITHOUT MOODY'S PRIOR WRITTEN CONSENT. All information contained herein is =anied ,,�y MOODY'S from sources accurate and reliable. Because of the possibility of numan or mechanical error as weii as ctner f;cter. however, such information is provided ''as is" without wa,ranty of any kind and MOODY'S.:r- makes no representation or warranty, express or imp'ie-4. as to the accuracy. umeiiness, coin; ,e:er. merchantability or fitness for any particular purpose of any such information. Under no crrcumstanc;1 MOODY'S have any liability to any person or entity for (a) arty loss or damage it whoie cr in part c,!;:Se : b,. resulting from, or relating to. any error (negligent or otherwise) or other circumstance or contin rn n ;, outside the control of MOODY'S or any of its directors. officers, employees or agents in conned;: n ,an the procurement. collection. compilation, analysis. interpretation, communication, publ:caton or ceirver, o ar-•: such information. or (b) any direct, indirect. special. consequential. compensatcry or incidental damn:,es whatsoever (including without limitation, lost profits), even if MOODY'S is advised in advance of the possibility of such damages, resulting from the use of or inability to use, any such information. i ne c edit ratings, if any, constituting part of the information contained heroin are, and must pe construed soiely as, statements of opinion and not statements of fact or recommendations to purchase, seii or hold any securities. NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE ACCURACY, TIMELINESS. C0111PLETENESS. MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY SUCH RATING OR OTHER OPINION OR INFORMATION IS GIVEN OR MADE BY MOODY'S IN ANY FORM OR MANNER WHATSOEVER. Each rating or other opinion must be weighed solely as one factor in any investment decision made by or on behalf of any user of the information contained herein. and each such user must accordingly make its own study and evaluation of each security and of each issuer and guarantor of, and each provider of credit support for, each security that it may consider purchasing. hoiding or selling. Pursuant to Section 17(b) of the Securities Act of 1933. MOODY'S hereby discloses that most issuers of debt securities (including corporate and municipal bonds, debentures. notes and commercial paper) and pm.ferred stock rated by MOODY'S have, prior to assignment of any rating, agreed to pay to MOODY'S for a,);,- is?! and rating services rendered by it fees ranging from S1.500 to �i,50U.0v0. 0 TOWN OF FOUNTAIN HILLS FINANCIAL POLICIES Introduction The principles of sound financial management establish the framework for overall fiscal planning and management. The principles set forth guidelines for both current activities and long range planning. Following these principles will enhance the Town's financial health as well as its image and credibility with its citizens, the public in general, bond rating agencies and investors. The policies will be reviewed annually to assure the highest standards of fiscal management. Policy changes will be needed as the Town continues to grow and becomes more diverse and complex in the services it provides, as well as the organization under which it operates to provide these services to its citizens. The Town Manager and staff have the primary role of reviewing and providing guidance in the financial area to the Town Council. Overall Goals The overall financial goals underlying these principles are: 1. Fiscal Conservatism: to ensure that the Town is at all times in a solid financial condition, defined as: a) cash solvency — the ability to pay bills b) budgetary solvency — the ability to balance the budget c) long run solvency — the ability to pay future costs d) service level solvency — the ability to provide needed and desired services e) adhering to the highest accounting and management practices as set by the Government Finance Officers' Association standards for financial reporting and budgeting, by the Governmental Standards Board and other professional standards 2. To maintain an Aa3 or better bond rating in the financial community to assure the Town taxpayers that the Town government is well managed and financially sound. 3. To have the ability to withstand local and regional economic fluctuations, to adjust to changes in the service requirements of our community, and to respond to changes in Federal and State priorities and funding as they affect the Town's residents. 4. To deliver quality services in an affordable, efficient and cost-effective basis providing full value for each tax dollar. \\earth\JGhetti\WPDATA\Financial Policies.doc/4/24/2003 FUND BALANCE Fund balance is defined as the cumulative difference of all revenues and expenditures, also considered the difference between fund assets and fund liabilities, known as fund equity. Fund balance is an important indicator of the Town's financial position and adequate reserves must be maintained to allow the Town to continue providing services to the community during periods of economic downturns and/or unexpected emergencies or requirements. The level of Fund Balance is related to the degree of uncertainty that the Town faces. A prudent level of financial resources is necessary to protect against the need to reduce service levels or raise taxes and fees due to temporary revenue shortfalls or unpredicted one-time expenditures. With the Town dependency upon State Shared Income and State Sales Tax revenues for one third of the General Fund budget there is increased opportunity for fluctuation. Additionally, a significant portion of Town revenue is received from sales taxes — both state shared and local - which are sensitive to fluctuations in the economy. Therefore, the level of reserves needs to be sufficient to ensure stability in on -going government operations during a slowdown in the economy or legislative changes to the revenue sharing formula. Other objectives that influence the size of the fund balance are: a) preserving or improving the Aa3 bond rating b) maintaining a positive trend to historical fund balances c) maintaining a rating equal to or better than surrounding communities d) maintaining ratios consistent with desired outcomes of ten key ratios of financial condition (Government Finance Review, Dec. 1993) — Appendix A General Fund The Town fund balance consists of three (3) components, defined below. In order to satisfy the objective of maintaining a bond rating equal to or better than surrounding peer communities a fund balance of at least 30% of revenues is recommended. The three components added together will help achieve the 30% goal. Definitions: Undesignated unreserved fund balance — available expendable financial resources that are not the object of tentative management plans. Also defined as residual balance after revenues, expenditures and reserved/designated fund balance and available for future year appropriation. \\earth\JGhetti\WPDATA\Financial Policies.doc/4/24/2003 ® Designated unreserved fund balance — management's intended use of otherwise available expendable financial resources reflecting actual plans submitted by the Town Manager and approved by the Town Council. An example would be funds set aside for future capital purchases, land acquisition, construction projects, equipment replacement, etc. Reserved fund balance — the portion of the Town funds that are not available for appropriation. Guidelines: In order to achieve the objectives of this policy, and to maintain sufficient working capital and a comfortable margin of safety to address emergencies and unexpected declines in revenue without borrowing the following guidelines shall be adhered to by the Town Manager, staff and Town Council: Undesignated unreserved fund balance — designated for unanticipated expenditure or loss of revenue, the Town of Fountain Hills' undesignated unreserved fund balance in the General Fund at the end of any fiscal year will be equal to no less than 30 days of annual operating expenditures for the upcoming fiscal year. This contingency will provide for the temporary financing of an unforeseen nature for that year. Expenditures for these emergency or unforeseen appropriations can only be undertaken with Town Manager approval and only if funds are not available in the department requesting the contingency funding. Expenditures exceeding $20,000 will require Council approval. This contingency will expire at the end of each fiscal year and any unused balance will be included with the funds available for appropriation in the following fiscal year. Designated unreserved fund — the Town will maintain a designated unreserved fund balance in the General Fund of a minimum ten percent (10%) of the average actual General Fund revenues for the preceding five fiscal years. These reserves will be designated for "pay-as-you-go" capital replacement expenditures, equipment replacement, capital projects, prepay existing Town debt, or any other expenditure that is non -recurring in nature. The 10% is the minimum and is based on the Property and Equipment Replacement Schedule which may be increased to accelerate accumulation funds for a large capital expenditure. To the extent these reserves are expended additional funds necessary to restore this additional ten percent (10%) amount will be provided in at least approximately equal contributions during the five fiscal years following the fiscal year in which the event occurred. The designated General Fund Balance can only be authorized for expenditure by upon recommendation of the Town Manager and vote of the Town Council. Reserved Fund Balance — the Town will maintain a reserved fund balance in the General Fund of 20% of the average actual General Fund revenues for the preceding five fiscal Years, indicating stable fiscal policies. The maintenance of this fiscal balance is a particularly important factor considered by credit rating agencies in their evaluation of the credit worthiness of the Town. It is of primary importance that the Town's credit rating be protected. \\earth\JGhetti\WPDATA\Financial Policies.doc/4/24/2003 During the annual budget process the Town Manager will estimate the surplus or deficit for the current year and prepare a projection of the year-end undesignated general fund balance. Such projection will include an analysis of trends in fund balance levels on an historical and future projection basis. Funds in excess of the fund balance goal will be retained in the undesignated unreserved General Fund Balance, and may be considered to supplement "pay as you go" capital outlay expenditures, or may be used to prepay existing Town debt. These funds may not be used to establish or support costs that are recurring in nature. This policy will be reviewed by the Town Manager every three years following adoption or sooner at the direction of the Town Council. Special Revenue Funds The Highway User Revenue Fund (HURF) is a restricted fund and depends upon State Shared Revenues for over 90% of annual revenues. This fund may only be used for street and highway purposes. The combined undesignated unreserved, designated unreserved and reserved Fund Balance will be based on the minimum requirement as specified in the Property and Equipment Replacement Schedule. The schedule will be reviewed on an annual basis to determine the required amount to be set aside as designated unreserved Fund Balance. The Excise Tax (.4% of Local Sales Tax) Fund is a restricted fund dedicated to Downtown Development and Land Preservation. The combined undesignated unreserved, designated unreserved and reserved Fund Balance will be no less than the annual debt service payment for Land Preservation and prior year available funds for Downtown Development. Debt Service Funds The Debt Service Fund is established for the payment of principal and interest on bonded indebtedness. Revenues are derived from a property tax levy, pledged excise taxes, municipal property lease payments and shared revenues. Revenues are received in amounts sufficient to pay the annual debt service payment, therefore, the Undesignated unreserved, designated unreserved and reserved Fund Balance will be no less than the annual debt service payment due on July 1 of the new fiscal year. \\earthVGhetti\WPDATA\Financial Policies.doc/4/24/2003 Capital Project Funds The Capital Project Funds includes accumulated Development Fees that are assessed on new construction for the purpose of funding growth. These funds are restricted to growth -related capital expenditures. The Undesignated Unreserved, Designated Unreserved and Reserved Fund Balance will be established each fiscal year during the budget process depending on planned expenditures but cannot exceed accumulated revenues. The Development Fees must be expended within six years of collection or refunded to the taxpayer. \\earth\JGhetti\WPDATA\Financial Policies.doc/4/24/2003 FINANCIAL PLANNING Fiscal planning refers to the process of identifying resources and allocating those resources among competing purposes. The primary vehicle for this planning is the preparation, monitoring and analyses of the Town's budget. It is increasingly important to monitor the performance of the programs competing to receive funding. 1. The Town Manager shall submit to the Town Council a proposed annual budget, with their recommendations, and shall execute the budget as finally adopted, pursuant to Section 15.1-602 of the Arizona Revised Statues, as amended. The Town will budget revenues and expenditures on the basis of a fiscal year which begins July 1 and ends on the following June 30. The Town Council will adopt the budget no later than June 30. 2. The Town will prepare a budget in accordance with the guidelines established by the Government Finance Officers Association in its Distinguished Budget Award Program. The proposed budget will contain the following: a) Revenue estimates by major category, by major fund; b) Expenditure estimates by department levels and major expenditure category, by major fund; c) Estimated fund balance by major fund; d) Debt service by issue detailing principal and interest amounts by fund. e) Proposed personnel staffing levels; f) A detailed schedule of capital projects, including a capital improvement program; g) Any additional information, data, or analysis requested of management by the Town Council. 3. The operating budget will be based on the principle that current operating expenditures, including debt service, will be funded with current revenues creating a balanced budget. The Town will not balance the current budget at the expense of meeting future years' expenditures; for example accruing future years' revenues or rolling over short-term debt to avoid planned debt retirement. 4. Ongoing operating costs should be supported by ongoing, stable revenue sources. This protects the Town from fluctuating service levels, and avoids crises when one-time revenues are reduced -or removed. Revenues from growth or development should be targeted to costs related to development, or invested in improvements that will benefit future residents or make future service provision efficient. 5. The Town Manager will provide an estimate of the Town's revenues annually for each fiscal year. The estimates of special (grant, excise tax, etc.) revenues and interfund transfers will also be provided by the Town Manager. \\earth\JGhetti\WPDATA\Financial Policies.doc/4/24/2003 6. The budget will fully appropriate the resources needed for authorized regular staffing. At no time shall the number of regular full-time employees on the payroll exceed the total number of full-time positions authorized by the Town Council. All personnel actions shall be in conformance with applicable federal and state law and all Town ordinances and policies. 7. The Town Manager shall provide annually a budget preparation schedule outlining the preparation timelines for the proposed budget. Budget packages for the preparation of the budget, including forms and instructions, shall be distributed to Town departments in a timely manner for the Department's completion. Department Directors shall prepare and return their budget proposals to the Administration Department, as required in the budget preparation schedule. 8. Performance measurement indicators will be integrated into the budget process as appropriate. 9. Alternatives for improving the efficiency and effectiveness of the Town's programs and the productivity of its employees will be considered during the budget process. Duplication of services and inefficiency in service delivery should be eliminated wherever they are identified. 10. Department Directors are required to monitor revenues and control expenditures to prevent exceeding their total departmental expenditure budget. It is the responsibility of these department directors to immediately notify the Town Manager of any exceptional circumstances that could result in a departmental expenditure budget to be exceeded. 11. A quarterly report on the status of the General Fund budget and trends will be prepared within 60 days of the end of each quarter by the Administration Department. In addition, the quarterly report shall include revenue and expenditure projections through the end of the fiscal year. 12. If a deficit is projected during any fiscal year, the Town will take steps to reduce expenditures, increase revenues or, if a deficit is caused by an emergency, consider using the undesignated unreserved General Fund Balance, to the extent necessary to ensure a balanced budget at the close of the fiscal year. The Town Manager may institute a cessation during the fiscal year on hirings, promotions, transfers, and capital equipment purchases. Such action will not be taken arbitrarily and without knowledge and support of the Town Council. \\earth\JGhetti\WPDATA\Financial Policies.dod4/24/2003 EXPENDITURE CONTROL Management must ensure compliance with the legally adopted budget. In addition, purchases and expenditures must comply with legal requirements. 1. Expenditures will be controlled by an annual budget at the departmental level. The Town Council shall adopt appropriations through the budget process. Written procedures will be maintained for administrative approval and processing of certain budget transfers within funds. 2. The Town will maintain a purchasing system that provides needed materials in a timely manner to avoid interruptions in the delivery of services. All purchases shall be made in accordance with the Town's purchasing policies, guidelines and procedures and applicable state and federal laws. The Town will endeavor to obtain supplies, equipment and services as economically as possible. 3. Expenditures will be controlled through appropriate internal controls and procedures in processing invoices for payment. 4. The Town shall pay applicable contractor invoices in accordance with the requirements of Arizona Revised Statues 34-221. 5. The State of Arizona sets a limit on the expenditures of local jurisdictions. The Town will comply with these expenditure limitations and will submit an audited expenditure limitation report, audited financial statements, and audited reconciliation report as defined by the Uniform Expenditure Reporting System (A.R.S. Section 41-1279.07) to the State Auditor General each year. 6. Assets will be capitalized at $10,000 and will be recorded in the Town of Fountain Hills Summary of General Fixed Assets. \\earth\JGhetti\WPDATA\Financial Policies.doc/4/24/2003 REVENUES AND COLLECTIONS All government employees are considered stewards of public funds. In order to provide funding for service delivery, the Town must have reliable revenue sources. These diverse revenues must be collected equitably, timely, and efficiently. 1. The Town's goal is a General Fund revenue base that is equally balanced between sales taxes, state shared revenues, property tax, service fees and other revenue sources. 2. The Town will strive for a diversified and stable revenue base to shelter it from economic changes or short-term fluctuations and in any one revenue source by doing the following: a) Establishing new charges and fees as needed and as permitted by law at reasonable levels. b) Pursuing legislative change, when necessary, to permit changes or establishment of user charges and fees. c) Aggressively collecting all revenues, late penalties, outstanding taxes owed and related interest as authorized by the Arizona Revised Statues. 3. The Town will monitor all taxes to insure they are equitably administered and collections are timely and accurate. Fees and charges should be based on benefits and/or privileges granted by the Town, or based on costs of a particular service. 4. The Town should pursue intergovernmental aid for those programs and activities that address a recognized need and are consistent with the Town's long-range objectives. Any decision to pursue intergovernmental aid should include the consideration of the following: a) Present and future funding requirements. b) Cost of administering the funds. c) Costs associated with special conditions or regulations attached to the grant award. 5. The Town will attempt to recover all allowable costs --both direct and indirect -- associated with the administration and implementation of programs funded through intergovernmental aid. In the case of the School District, the Town may determine to recover less than full cost of services provided. In the case of State and federally mandated programs, the Town will attempt to obtain full funding for the service from the governmental entity requiring the service be provided. Allowable costs will be determined based upon a "Cost Allocation Study" prepared periodically. \\earth\JGhetti\WPDATA\Financial Policies.doc/4/24/2003 IM USER FEE COST RECOVERY User fees and charges are payments for voluntarily purchased, publicly provided services that benefit specific individuals. The Town relies on user fees and charges to supplement other revenue sources in order to provide public services. 1. The Town may establish user fees and charges for certain services provided to users receiving a specific benefit. 2. User fees and charges will be established to recover as much as possible the direct and indirect costs of the program or service, unless the percentage of full cost recovery has been mandated by specific action of the Town Council. It is recognized that occasionally competing policy objectives may result in reduced user fees and charges that recover a smaller portion of service costs. 3. Periodically, the Town will recalculate the full costs of activities supported by user fees to identify the impact of inflation and other attendant costs. \\earthUGhetti\WPDATA\Financial Policies.doc/4/24/2003 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent;❑ Regular;,® Meeting Date: 5/1/2003 Contact Person: Julie Ghetti Requesting Action:® Tvne of Document Needing Approval (Check all that appl ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:[:] ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Consideration of Resolution 2003-11 declaring the 2002 Amendment to the Tax Code a public document. Consideration of Ordinance 03-09 adopting the 2002 Amendment to the Tax Code by reference. �. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Ordinance 03-09 adopts the 2002 amendments to the Fountain Hills Tax Code to conform with recent changes in the state law and prepared by the League of Arizona Cities and Towns. Two of the three amendments are related to definition of Qualified Health Care facilities and elimination of fees for used oil. The third amendment is the addition of Regulation 8A-415.3 to the tax code requiring that an effective date be specified when there are changes in the tax rate for construction contracting. Resolution 2003-11 declares the 2002 Amendments to the Tax Code of the Town of Fountain Hills a public record. List All Attachments as Follows: Ordinance No. 03-09, Resolution 2003-11, Memorandum from the League of Arizona Cities and Towns dated March 5, 2003 including amendments. Type(s) of Presentation: oral Signatures of Submitting Staff: Dep tment H ad Town Manager / Designee \\earth\jghetti\wpdata\agenda cover sheet.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: April 24, 2003 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, Accou ing Supervisor RE: Resolution 2003-11, Ordinance 03-09 Administration Tax Code Amendment The Town of Fountain Hi s adopted the Model City Tax Code in 1995 when the local sales tax was enacted. The master version of the Model City Tax Code (MCTC) was originally prepared by the League of Arizona Cities and Towns to obtain uniformity in tax reporting for business as well as allowing cities and towns to determine the local tax base. Changes to the MCTC are approved by a Municipal Tax Code Commission based on recommendations from interested parties. Adoption of Ordinance 03-09 will amend the Fountain Hills Tax Code to agree with recent �ftw changes in state law and make compliance with the tax code easier for businesses. The first two amendments are considered "housekeeping" but the third amendment is an addition to the code. The first amendment expands the definition of Health Care and Hospital entities to conform with A.R.S. definitions. The second amendment deletes reference to fees for used oil that were repealed by the legislature in 1997 and exemptions for lead acid batteries. The third amendment is the addition of Reg. 8A-415.3 that requires the governing body to specify an effective date of a tax rate change for construction contracts. Prior to this amendment there was nothing in the code that required a municipality to choose an effective date; however Fountain Hills has been bound by requirements from the Arizona Department of Revenue that requires 60 days advance notice of a rate change. This amendment will not alter the effective date for the Town of Fountain Hills. Staff recommends approval of Resolution 2003-11 and Ordinance 03-09. If there are any questions I would be happy to answer them. ;� artl JC;Irrtfi"t�ti}'17 1T. iL` I iia:O}YI i(t N11"'I4 0 CO NCll-kjoc • RESOLUTION NO. 2003-11 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "THE 2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF FOUNTAIN HILLS." WHEREAS, pursuant to ARIZ. REv. STAT. § 9-802, a municipality may enact code provisions by reference; and WHEREAS, the Mayor and Council of the Town of Fountain Hills desire to adopt "The 2002 Amendments to the Tax Code of the Town of Fountain Hills" by reference. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That certain document entitled "The 2002 Amendments to the Tax Code of the Town of Fountain Hills", three copies of which are on file in the office of the Town Clerk and open for public inspection during normal business hours, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 1, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Tim G. Pickering, Town Manager 9196.001\. A 2003 Tax Code.res.doc 4-23-03 Bevelyn J. B der, &Yown Clerk APP OVED AS TO FORM: 7 Andrew J. McGuire, Town Attorney ORDINANCE NO. 03-09 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING "THE 2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF FOUNTAIN HILLS" BY REFERENCE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That certain document known as "The 2002 Amendments to the Tax Code of the Town of Fountain Hills", three copies of which are on file in the office of the Town Clerk, which document was made a public record by Resolution No.,�003 / of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a part of hereof as if fully set out in this Ordinance. SECTION 2. That the provisions of this Ordinance and the public record adopted herein are effective from and after June 1, 2003. SECTION 3. That any person found guilty of violating any provision of these amendments to the Town Tax Codes shall be guilty of a class one misdemeanor. Each day that a violation continues shall be a separate offense punishable as herein above described. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of these amendments to the codes adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validation of the remaining portions thereof. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 1, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Tim G. Pickering, Town Manager 9196.001\. A 2003 Tm Code.ord.doc 4-23-03 �evelyn J. B nd i , Town Clerk APPROVED AS TO FORM: Andre J. AcGuire, Town Attorney League of Arizona -ftjft*� 13 ^000M%mow- "...CitiesANDTowns March 5, 2003 1820 W. Washington • Phoenix, AZ 85007 • Phone: (602) 258-5786 • Fax: (602) 253-3874 Email: league@mg.state.az.us • Web site: wmv.azleague.org TO: Cassie Hansen, Town Clerk, Fountain Hills FROM: Byron D. Smith, Member Services Coordinator SUBJECT: TAX CODE AMENDMENT FOR ADOPTION Enclosed are a new set of amendments for your tax code; these are the 2002 Tax Code Amendments. Final approval of the amendments occurred at the November meeting of the Municipal Tax Code Commission. These amendments are a combination of changes suggested by the Unified Audit Committee, a group of city auditors plus the Department of Revenue, which meets regularly to review tax code issues and recent �w changes to state law. All of the amendments are designed to reflect recent changes in state law to make compliance with the tax code easier for businesses. We urge your adoption of the amendments as soon as possible, so that we may have a consistent effective date of June 1, 2003. To assist in the adoption, we have tailored the ordinance to the current provisions of your Code including numbering. The amendment is designed to be adopted by reference and an adopting ordinance and resolution are also enclosed. A summary of the amendment provisions has also been included as a part of this package. We hope this document will assist in explaining the amendment to your mayor and council. Following adoption of the amendment, please send us a copy of your adopting ordinance and we will in turn make the conforming changes to your tax code and send the revisions to you. Please let me know if there is anything we can do to assist you in this effort. We thank you for your assistance in this effort. _ 2002 Tax Code Changes (Approved by the Commission on November 8, 2002) Conforms the Model City Tax Code definitions for Qualifying Community Health Center, Qualifying Health Care Organization and Qualifying Hospital to the A.R.S. definitions. These changes clarify that buildings being built to become one of these qualifying entities would be treated the same as an existing one. 2. Conforms the Model City Tax Code to state law regarding used oil fees and changes the treatment of lead acid battery fees. Used oil fees imposed under A.R.S. § 49-814 were repealed in 1997 (Laws 1997, Chapter 178, 1 n Regular Session). The lead acid battery fees are not treated as exemptions by the state because no portion of this fee is ever paid to any State or Federal agency, and fees that are not refunded to purchasers are kept by the retailer. 3. Places language into the Model City Tax Code codifying the current practice of grandfathering in existing construction contracts when a sales tax rate is changed. 2002 AMENDMENTS TO THE TAX CODE OF THE TOWN OF FOUNTAIN HILLS Section 1. Section 8A-100 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-100. General definitions. For the purposes of this Chapter, the following definitions apply: "Assembler" means a person who unites or combines products, wares, or articles of manufacture so as to produce a change in form or substance of such items without changing or altering component parts. "Broker" means any person engaged or continuing in business who acts for another for a consideration in the conduct of a business activity taxable under this Chapter, and who receives for his principal all or part of the gross income from the taxable activity. "Business" means all activities or acts, personal or corporate, engaged in and caused to be engaged in with the object of gain, benefit, or advantage, either direct or indirect, but not casual activities or sales. "Business Day" means any day of the week when the Tax Collector's office is open for the public to conduct the Tax Collector's business. "Casual Activity or Sale" means a transaction of an isolated nature made by a person who neither represents himself to be nor is engaged in a business subject to a tax imposed by this Chapter. However, no sale, rental, license for use, or lease transaction concerning real property nor any activity entered into by a business taxable by this Chapter shall be treated, or be exempt, as casual. This definition shall include sales of used capital assets, provided that the volume and frequency of such sales do not indicate that the seller regularly engages in selling such property. "Combined Taxes" means the sum of all applicable Arizona Transaction Privilege and Use Taxes; all applicable transportation taxes imposed upon gross income by this County as authorized by Article III, Chapter 6, Title 42, Arizona Revised Statutes; and all applicable taxes imposed by this Chapter. "Commercial Property" is any real property, or portion of such property, used for any purpose other than lodging or lodging space, including structures built for lodging but used otherwise, such as model homes, apartments used as offices, etc. "Communications Channel" means any line, wire, cable, microwave, radio signal, light beam, telephone, telegraph, or any other electromagnetic means of moving a message. "Construction Contracting" refers to the activity of a construction contractor. "Construction Contractor" means a person who undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does himself or by or through others, construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, excavation, or other structure, project, development, or improvement to real property, or to do any part thereof. "Construction contractor" includes subcontractors, specialty contractors, prime contractors, and any person receiving consideration for the general supervision and/or coordination of such a construction project except for remediation contracting. This definition shall govern without regard to whether or not the construction contractor is acting in fulfillment of a contract. "Delivery (of Notice) by the Tax Collector" means "receipt (of notice) by the taxpayer". "Delivery, Installation, or Other Direct Customer Services" means services or labor, excluding repair labor, provided by a taxpayer to or for his customer at the time of transfer of tangible personal property; provided further that the charge for such labor or service is separately billed to the customer and maintained separately in the taxpayer's books and records. "Engaging", when used with reference to engaging or continuing in business, includes the exercise of corporate or franchise powers. "Equivalent Excise Tax" means either: (1) a Privilege or Use Tax levied by another Arizona municipality upon the transaction in question, and paid either to such Arizona municipality directly or to the vendor; or (2) an excise tax levied by a political subdivision of a state other than Arizona upon the transaction in question, and paid either to such jurisdiction directly or to the vendor; or (3) an excise tax levied by a Native American Government organized under the laws of the federal government upon the transaction in question, and paid either to such jurisdiction directly or to the vendor. "Federal Government" means the United States Government, its departments and agencies; but not including national banks or federally chartered or insured banks, savings and loan institutions, or credit unions. "Food" means any items intended for human consumption as defined by rules and regulations adopted by the Department of Revenue, State of Arizona, pursuant to A.R.S. Section 42-5106. Under no circumstances shall "food" include alcoholic beverages or tobacco, or food items purchased for use in conversion to any form of alcohol by distillation, fermentation, brewing, or other process. "Hotel" means any public or private hotel, inn, hostelry, tourist home, house, motel, rooming house, apartment house, trailer, or other lodging place within the Town offering lodging, wherein the owner thereof, for compensation, furnishes lodging to any transient, except foster homes, rest homes, sheltered care homes, nursing homes, or primary health care facilities. "Job Printing" means the activity of copying or reproducing an article by any means, process, or method. "Job printing" includes engraving of printing plates, embossing, copying, micrographics, and photo reproduction. "Lessee" includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. "Lessor" includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter. "Licensing (for Use)" means any agreement between the user ("licensee") and the owner or the owner's agent ("licensor") for the use of the licensor's property whereby the licensor receives consideration, where such agreement does not qualify as a "sale" or "lease" or "rental" agreement. "Lodging (Lodging Space)" means any room or apartment in a hotel or any other provider of rooms, trailer spaces, or other residential dwelling spaces; or the furnishings or services and accommodations accompanying the use and possession of said dwelling space, including storage or parking space for the property of said tenant. "Manufactured Buildings" means a manufactured home, mobile home orfactory built building, as defined in A.R.S. Section 41-2142. "Manufacturer" means a person engaged or continuing in the business of fabricating, producing, or manufacturing products, wares, or articles for use from other forms of tangible personal property, imparting to such new forms, qualities, properties, and combinations. "Mining and Metallurgical Supplies" means all tangible personal property acquired by persons engaged in activities defined in Section 8A-432 for such use. This definition shall not include: (1) janitorial equipment and supplies. (2) office equipment, office furniture, and office supplies. (3) motor vehicles licensed for use upon the highways of the State. "Modifier" means a person who reworks, changes, or adds to products, wares, or articles of manufacture. "Nonprofit Entity" means any entity organized and operated exclusively for charitable purposes, or operated by the Federal Government, the State, or any political subdivision of the State. "Occupancy (of Real Property)" means any occupancy or use, or any right to occupy or use, real property including any improvements, rights, or interests in such property. "Out -of -Town Sale" means the sale of tangible personal property and job printing if all of the following occur: (1) transference of title and possession occur without the Town; and (2) the stock from which such personal property was taken was not within the corporate limits of the Town; and (3) the order is received at a permanent business location of the seller located outside the Town; which location is used for the substantial and regular conduct of such business sales activity. In no event shall the place of business of the buyer be determinative of the situs of the receipt of the order. For the purpose of this definition it does not matter that all other indicia of business occur within the Town, including, but not limited to, accounting, invoicing, payments, centralized purchasing, and supply to out -of -Town storehouses and out -of -Town retail branch outlets from a primary storehouse within the Town. "Out -of -State Sale" means the sale of tangible personal property and job printing if all of the following occur: (1) The order is placed from without the State of Arizona; and (2) the order is placed by other than a resident of the State to be determined in a manner similar to "resides within the Town"; and (3) the property is delivered to the buyer at a location outside the State; and (4) the property is purchased for use outside the State. "Owner -Builder" means an owner or lessor of real property who, by himself or by or through others, constructs or has constructed or reconstructs or has reconstructed any improvement to real property. "Person" means an individual, firm, partnership, joint venture, association, corporation, estate, trust, receiver, syndicate, broker, the Federal Government, this State, or any political subdivision or agency of this State. For the purposes of this Chapter, a person shall be considered a distinct and separate person from any general or limited partnership or joint venture or other association with which such person is affiliated. A subsidiary corporation shall be considered a separate person from its parent corporation for purposes of taxation of transactions with its parent corporation. "Prosthetic" means any of the following tangible personal property if such items are prescribed or recommended by a licensed podiatrist, chiropractor, dentist, physician or surgeon, naturopath, optometrist, osteopathic physician or surgeon, psychologist, hearing aid dispenser, physician assistant, nurse practitioner or veterinarian: (1) any man-made device for support or replacement of a part of the body, or to increase acuity of one of the senses. Such items include: prescription eyeglasses; contact lenses; hearing aids; artificial limbs or teeth; neck, back, arm, leg, or similar braces. (2) insulin, insulin syringes, and glucose test strips sold with or without a prescription. (3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes. (4) drugs or medicine, including oxygen. (5) equipment used to generate, monitor, or provide health support systems, such as respiratory equipment, oxygen concentrator, dialysis machine. (6) durable medical equipment which has a federal health care financing administration common procedure code, is designated reimbursable by Medicare, can withstand repeated use, is primarily and customarily used to serve a medical purpose, is generally not useful to a person in the absence of illness or injury and is appropriate for use in the home. "Qualifying Community Health Center" (a) means an entity that is recognized as nonprofit under SECTION 501(c)(3) of the United States Internal Revenue Code, that is a community -based, primary care clinic that has a community -based board of directors and that is either: (1) the sole provider of primary care in the community. (2) a nonhospital affiliated clinic that is located in a federally designated medically underserved area in this State. (b) INCLUDES CLINICS THAT ARE BEING CONSTRUCTED AS QUALIFYING COMMUNITY HEALTH CENTERS. "Qualifying Health Care Organization" means an entity that is recognized as nonprofit under Section 501(c) of the United States Internal Revenue Code and that uses, SAVES OR INVESTS at least eighty percent (80%) of all monies that it receives from all sources each year only for health and medical related educational and charitable services, as documented by annual financial audits prepared by an independent certified public accountant, performed according to generally accepted accounting standards and filed annually with the Arizona Department of Revenue. MONIES THAT ARE USED, SAVED OR INVESTED TO LEASE, PURCHASE OR CONSTRUCT A FACILITY FOR HEALTH AND MEDICAL RELATED EDUCATION AND CHARITABLE SERVICES ARE INCLUDED IN THE EIGHTY PERCENT (80%) REQUIREMENT. "Qualifying Hospital" means ANY OF THE FOLLOWING: (1) a licensed hospital which is organized and operated exclusively for charitable purposes, no part of the net earnings of which inures to the benefit of any private shareholder or individual. (2) a licensed nursing care institution or a licensed residential care institution or a residential care facility operated in conjunction with a licensed nursing care institution or a licensed kidney dialysis center, which provides medical services, nursing services or health related services and is not used or held for profit. (3) a hospital, nursing care institution or residential care institution which is operated by the federal government, this State or a political subdivision of this State. (4) A FACILITY THAT IS UNDER CONSTRUCTION AND THAT ON COMPLETION WILL BE A FACILITY UNDER SUBDIVISION (1), (2) OR (3) OF THIS PARAGRAPH. "Receipt (of Notice) by the Taxpayer" means the earlier of actual receipt or the first attempted delivery by certified United States mail to the taxpayer's address of record with the Tax Collector. "Remediation" means those actions that are reasonable, necessary, cost-effective and technically feasible in the event of the release or threat of release of hazardous substances into the environment such that the waters of the State are or may be affected, such actions as may be necessary to monitor, assess and evaluate such release or threat of release, actions of remediation, removal or disposal of hazardous substances or taking such other actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the waters of the State which may otherwise result from a release or threat of release of a hazardous substance that will or may affect the waters of the State. Remediation activities include the use of biostimulation with indigenous microbes and bioaugmentation using microbes that are nonpathogenic, nonopportunistic and that are naturally occurring. Remediation activities may include community information and participation costs and providing an alternative drinking water supply. "Rental Equipment" means tangible personal property sold, rented, leased, or licensed to customers to the extent that the item is actually used by the customer for rental, lease, or license to others; provided that: (1) (Reserved) (2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (3) the item so claimed as "rental equipment" is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15%) of its actual use. "Rental Supply" means an expendable or nonexpendable repair or replacement part sold to become part of "rental equipment", provided that: (1) the documentation relating to each purchased item so claimed specifically itemizes to the vendor the actual item of "rental equipment" to which the purchased item is intended to be attached as a repair or replacement part; and (2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property for a consideration; and (3) the item so claimed as "rental equipment" is not used by the person claiming the exemption for any purpose other than rental, lease, or license for compensation, to an extent greater than fifteen percent (15%) of its actual use. "Repairer" means a person who restores or renews products, wares, or articles of manufacture. "Resides within the Town" means in cases other than individuals, whose legal addresses are determinative of residence, the engaging, continuing, or conducting of regular business activity within the Town. "Restaurant" means any business activity where articles of food, drink, or condiment are customarily prepared or served to patrons for consumption on or off the premises, also including bars, cocktail lounges, the dining rooms of hotels, and all caterers. For the purposes of this Chapter, a "fast food" business, which includes street vendors and mobile vendors selling in public areas or at entertainment or sports or similar events, who prepares or sells food or drink for consumption on or off the premises is considered a "restaurant", and not a "retailer". "Retail Sale (Sale at Retail)" means the sale of tangible personal property, except the sale of tangible personal property to a person regularly engaged in the business of selling such property. "Retailer" means any person engaged or continuing in the business of sales of tangible personal property at retail. "Sale" means any transfer of title or possession, or both, exchange, barter, conditional or otherwise, in any manner or by any means whatsoever, including consignment transactions and auctions, of property for a consideration. "Sale" includes any transaction whereby the possession of such property is transferred but the seller retains the title as security for the payment of the price. "Sale" also includes the fabrication of tangible personal property for consumers who, in whole or in part, furnish either directly or indirectly the materials used in such fabrication work. "Speculative Builder" means either: (1) an owner -builder who sells or contracts to sell, at anytime, improved real property (as provided in Section 8A-416) consisting of: A) custom, model, or inventory homes, regardless of the stage of completion of such homes; or B) improved residential or commercial lots without a structure; or (2) an owner -builder who sells or contracts to sell improved real property, other than improved real property specified in subsection (1) above: A) prior to completion; or B) before the expiration of twenty-four (24) months after the improvements of the real property sold are substantially complete. "Substantially Complete" means the construction contracting or reconstruction contracting: (1) has passed final inspection or its equivalent; or (2) certificate of occupancy or its equivalent has been issued; or (3) is ready for immediate occupancy or use. "Supplier" means any person who rents, leases, licenses, or makes sales of tangible personal property within the Town, either directly to the consumer or customer or to wholesalers, jobbers, fabricators, manufacturers, modifiers, assemblers, repairers, or those engaged in the business of providing services which involve the use, sale, rental, lease, or license of tangible personal property. "Tax Collector" means the Town Manager or his designee or agent for all purposes under this Chapter. "Taxpayer" means any person liable for any tax under this Chapter. "Taxpayer Problem Resolution Officer" means the individual designated by the Town to perform the duties identified in Sections 8A-515 and 8A-516. In towns with a population of 50,000 or more, the Taxpayer Problem Resolution Officer shall be an employee of the town. In towns with a population of less than 50,000, the Taxpayer Problem Resolution Officer need not be an employee of the town. Regardless of whether the Taxpayer Problem Resolution Officer is or is not an employee of the town, the Taxpayer Problem Resolution Officer shall have substantive knowledge of taxation. The identity of and telephone number for the Taxpayer Problem Resolution Officer can be obtained from the Tax Collector. "Telecommunication Service" means any service or activity connected with the transmission or relay of sound, visual image, data, information, images, or material over a communications channel or any combination of communications channels. "Utility Service" means the producing, providing, orfurnishing of electricity, electric lights, current, power, gas (natural or artificial), or water to consumers or ratepayers. Section 2. Section 8A-260 of the Tax Code of the Town of Fountain Hills is amended to read: Sec. 8A-260. Exclusion of fees and taxes from gross income; limitations. (a) There shall be excluded from gross income of vendors of motor vehicles those motor vehicle registration fees, license fees and taxes, and lieu taxes imposed pursuant to Title 28, Arizona Revised Statutes in connection with the initial purchase of a motor vehicle, but only to the extent that such taxes or fees or both have been separately itemized and collected from the purchaser of the motor vehicle by the vendor, actually remitted to the proper registering, licensing, and taxing authorities, and the provisions of Article III, regarding recordkeeping, are met. For the purpose of the exclusion provided by this subsection only, the terms vendor and vendee shall also apply to a lessor and lessee respectively, of a motor vehicle if, in addition to all other requirements of this subsection, the lease agreement specifically requires the lessee to pay such fees or taxes, and such amounts are separately itemized in the documentation provided to the lessee. (b) There shall be excluded from gross income of vendors at retail of heavy trucks and trailers, the amount attributable to Federal Excise Taxes imposed by 26 U.S.C. Section 4051, but only to the extent that the provisions of Article III, relating to recordkeeping, have been met. (c) There shall be excluded from gross income the following fees, taxes, and lieu taxes, but only to the extent that such taxes or fees or both have been separately itemized and collected from the purchaser by the vendor, actually remitted to the proper registering, licensing, and taxing authorities, and the provisions of Article III, regarding recordkeeping, are met: (1) emergency telecommunication services excise tax imposed pursuant to A.R.S. Section 42-5252. "Emergency telecommunication services" means telecommunication services or systems that use number 911 or a similarly designated telephone number for emergency calls; (2) the telecommunication devices for the deaf and the severely hearing and speech impaired excise tax imposed pursuant to A.R.S. Section 42-5252; (3) federal excise taxes on communications services as imposed by 26 U.S.C. § 4251; (4) car rental surcharge imposed pursuant to A.R.S. Section 48-4234; (5) federal excise taxes on passenger vehicles as imposed by 26 U.S.C. §4001(.01); (6) waste tire disposal fees, imposed pursuant to A.R.S. Section 44-1302, fees, imposed pdrstiant to A.R.S. Seetion 44 1323; and dsed owl fees imposed PdF8d8Mt (d) There shall be excluded from gross income of vendors of motor vehicles dealer documentation fees, but only to the extent that such fees have been separately itemized and collected from the purchaser of the motor vehicle by the vendor. Section 3. Regulation 8A-415.3 of the Tax Code of the Town of Fountain Hills is added to read: REG. 8A-415.3. CONSTRUCTION CONTRACTING; TAX RATE EFFECTIVE DATE. A. IN THE EVENT OF A TAX RATE CHANGE, THE RATE IMPOSED ON GROSS INCOME FROM CONSTRUCTION CONTRACTING SHALL BE COMPUTED BASED UPON THE RATE IN EFFECT WHEN THE CONTRACT WAS EXECUTED, SUBJECTTO THE "ENACTMENT DATE" AS DEFINED IN THIS SECTION. GROSS INCOME FROM A CONTRACT EXECUTED PRIOR TO THE ENACTMENT DATE SHALL NOT BE SUBJECT TO THE TAX RATE CHANGE, PROVIDED THE CONTRACT CONTAINS NO PROVISION THAT ENTITLES THE CONSTRUCTION CONTRACTOR TO RECOVER THE AMOUNT OF THE TAX. B. IN THE EVENT OF A RATE INCREASE, IN ORDER TO QUALIFY FOR THE LOWER RATE, THE CONSTRUCTION CONTRACTOR SHALL, UPON REQUEST, PROVIDE SUFFICIENT DOCUMENTATION, IN A MANNER AND FORM PRESCRIBED BY THE TAX COLLECTOR, TO VERIFY THAT A CONTRACT WAS ENTERED INTO BEFORE THE ENACTMENT DATE. C. FOR PURPOSES OF THIS SECTION, "ENACTMENT DATE" SHALL BE: (1) IN THE EVENT AN ELECTION IS HELD, THE DATE OF ELECTION. (2) IN THE EVENT NO ELECTION IS HELD, THE DATE OF FINAL ADOPTION BY THE MAYOR AND COUNCIL. (3) NOTWITHSTANDING THE ABOVE, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE TOWN FROM ESTABLISHING A LATER ENACTMENT DATE. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Com. Dev Consent:❑ Regular:® Meeting Date: 5/l/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® TVDe of Document Needing ADDroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Cut and Fill Waiver Request Council Prioritv (Check ADDroDrlate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular AgendaWording: Consideration of a CUT AND FILL WAIVER to permit a 15.5-foot maximum cut, located at 14414 E. Shadow Canyon Drive, aka Shadow Canyon at Sunridge Final Plat, Lot 41. Case Number CFW2003-01. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Backlzround Information: This is a request by David McBride for a 5.5 foot cut in excess of the ten foot maximum allowed by Section 5.11 (C)(4) of the Town of Fountain Hills Zoning Ordinance. The portion of the proposed cut in excess of ten feet is the entire lower level garage area and a portion of the arlveway in front of the garage. List All Attachments as Follows: Staff Report; Application & Narrative; Site Plan Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: D par ment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS firw COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: April 23, 2003 Town Council FR: Dana Burkhardt, Senior Planner c, RE: Case # CFW2003-01; 14414 E. Shadow Canyon Drive LOCATION: 14414 E. Shadow Canyon Drive, aka Shadow Canyon at Sunridge Canyon Final Plat, Lot 41 REQUEST: Consideration of a cut and fill waiver to permit a 15.5 foot maximum cut for the development of a single-family residence. DESCRIPTION: OWNER: Jim & Chris McBride APPLICANT: David McBride EXISTING ZONING: "R1-35H" EXISTING CONDITION: Vacant undisturbed lot LOT SIZE: 39,512 square feet SURROUNDING LAND USES AND ZONING: NORTH: Tract D at Shadow Canyon, zoned "OSR" SOUTH: Vacant residential lot, zoned "RI-35H" EAST: Single-family residence, zoned "RI-35H" WEST: Vacant residential lot, zoned "RI-35H" SUMMARY: This is a request by David McBride for a 5.5 foot cut in excess of the ten foot maximum allowed by Section 5.11 (C)(4) of the Town of Fountain Hills Zoning Ordinance. The portion of the proposed cut in excess of ten feet is the entire lower level garage area and a portion of the driveway in front of the garage. The majority of the cut beyond ten feet is located within the garage and would not be visible from the exterior of the building. The driveway cut is the only portion of this cut request that is exposed. EVALUATION: The applicant has submitted a request for building permit, building permit #2003-01, and received staff comments from the first review. The total area of the cut under roof in excess of the ten foot maximum allowed is approximately 1,317 square feet in area, or 18 percent of the total roof area of the home. Staff may administratively approve cuts or fills beyond the ten -foot maximum for areas under the footprint of the main structure given that the cut or fill does not exceed five percent of the main structure footprint. The total area of the proposed cut beyond ten feet (under roof cut plus the driveway/exterior cut) is approximately 1,844 square feet. Staff has identified three objectives in reviewing cut and fill waiver requests for single-family residences. Those objectives are as follows: 1) To reduce the visual impacts of the proposed development as viewed from the adjacent properties and rights of ways. 2) To review the measures applied by the designer to minimize the amount of cut and fill on the lot. 3) To consider possible alternatives to the proposed plan that would conform to the ten -foot maximum cut or fill. The area of cut under the footprint of the building is completely concealed by the building fagade, and would not have a visual impact from the exterior of the building. The driveway cut is retained by two terraced retaining walls, each are approximately 5.5 feet in height. The proposed terraced retaining wall system conforms to the regulations set forth in the Zoning Ordinance, and could be slightly visible from the Shadow Canyon Drive right of way. The terraced retaining walls at the location of the cut beyond ten -feet would not be visible from the adjacent properties. The maximum proposed building height as measured from natural grade is approximately 24 feet. The building could be raised by 5.5 feet and remain within the maximum 30 foot building height allowed by the Zoning Ordinance. However, the covenants, conditions, and restrictions on this property enforced by the architectural review committee restrict the overall building height to 24 feet as measured from natural grade. In addition, raising the house would place more structure above the natural grade and have a greater visual impact as viewed from adjacent properties. Staff has suggested the applicant consider relocating the garage out from underneath the residence at an elevation closer to the finished floor elevation of the main house to avoid the need for a cut and fill waiver. If this could be accomplished, the view from the street may be primarily of the garage, which may conceal the architecture of the main residence from the right of way. This alternative may also require a reduction of the total building footprint to conform to the maximum lot coverage allowed. On March 27, 2003, the Planning and Zoning Commission unanimously recommended approval of this cut waiver request, due to the minor visual impact of the cut and the sensitive design of the home. The Commission discussed that the majority of the cut is concealed under the footprint of the home and the exposed portion of the cut would be contained by two terraced retaining walls that will be landscaped to provide additional screening of the cut. The Commission also discussed that due to the driveway design; the exterior portion of the cut may not be visible from the right of way and not visible at all from the adjacent properties. The Commission believed that raising the elevation of the home would have a greater visual impact than the proposed design. The Planning and Zoning Commission and Staff recommend approval of this cut and fill waiver. PBA 1 -02 The Town of Fountain Hills For Official COMMUNITY DEVELOPMENT DEPARTMENT Case Managee Only Fountain Hills, Arizona APPLICATION Area Specific Plan or Change Preliminary Plat General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE REQUEST: I y I lc_),� PROJECT NAME l --/ 1-/ i y . S klo c(d cJ Ca," " b (_ Mrs. Applicant: L au" i Day Phone � �C) 79 7 .6 70 7 el Ms. Address: ue `� ty: dam'" ``''� �� State: Zip: Z-6 rL�3�-,dam Mrs. Owner: -' �!, %7 `� ` 11 rl S JLtd Z1 C Mr. Ms. Address: City: Day Phone State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section below must be completed. SIGNATURE OF OWNER--��1•* n -- DATE ` t G / LlNDA C. BENES rr F I� I HEREBY AUTHORIJe ubli - t qf�i p� Please Print �� 1y 2o7�,i,�. ExoiresAug. 3, 2003 Subscribed and sworn before me this day of o 6-c-�' 20 D o� My Commission Expires iJ Notary Public 'TLING DATE: TOWN OF FOUNTAIN HA_I. Application Page 2 of'3AN 3 a 2003 FEE PAID: (See Fee Schedule) ACCEPTED BY: Case Number C 1 w a00 72>t�" ASSOCIATE S January 27, 2003 Building official Town of Fountain Hills 16836 East Palisades Blvd. Fountain Hills, Arizona RE: Cut and Fill Waiver Lot 41 Shadow Canyon @ Sun Ridge Canyon To Whom it may Concern, This request for a Cut and Fill Waiver regards exceeding the overall maximum height of 10'-0". The property at 14414 East Shadow Canyon Drive, sits at the end of a culdesac road up a steep slope. This development road cuts into the hill. In order to gain access to the lot, at a reasonable slope, a terrace of cuts/retaining walls is proposed. These walls are stone and stone veneer blending into the landscape. Their will be no loose fill slopes visible. The maximum construction cut of 14'-0" will be contained within the Residence Structure. The Lot narrowness and disturbed area limits, force the house into a long narrow design. The major and best views from the lot design, program living and dining spaces towards the front, over the garages which also require frontage. The Two Story Plan allows frontage and maintains a large undisturbed area adjacent to preserve areas. To achieve heights for two story designs a cut and fill waiver is requested. Their will be no visible disturbance from this 14'-0" height cut. All retaining wall and landscape finishes will blend into surrounding desert. Thank you for your consideration in this matter, and if there is any additional information or drawings you might need, please contact me at your earliest convenience. Sincerely, Thomas Bragg Architect ARCHITECTURE PLANNING INTERIORS 1402 WEST KEIM DRIVE PHOENIX, ARIZONA 85013 (602) 841-3204 c .00 WE R X. 3- - - E TR Y 45. 0 �� 9-_' iEICE R UPC CONCRETE 1 1,0 DRIVE 30.00 8. C.0. 4 .33 G�y, 4" 4ATM _ T/W 48.0 T/RET 48 ' /W 38.0 T/W 36.01 B/W 42.0 T/RET 38.0 T/RET 35.0 y 6' RET B/W 33.0 B T/W 50.0 5_E 1' RET J T/RET 49.0 ��., - - - O �`L�_� B/W 44.0 � 5' RET �✓ - _ 2 0, S 33. 41 3 39. u .81 / C - , sl 3s; �� \ C38.0 TEL. �3 ' -- 4':! \TRANS. ` 1844 SF/7280 = 25.3,0 j - SHADOW CANYON4= L`0T,, 41 O ,`f N o / -- - 215a9 f/---.�`'�f � C-F -H I 1 1 V 1 T o DAND R P ,C MONTGOMERY: ore 4i : CALE: 1 "-1'O' M E002 BE:;2:EI >0 aaj and OAO'IV-OS-3S\SBulme-JO\NVA8-08d\ b l -� 43. c� .00 Y 2 E TRY.- 45. 0 R s CONCRETE --- 1 DRIVE 50 00'5�7 C. 0. 4„ 40 A T ' - T/W 48.0 �. T/RET 48 � B/W 42.0 T/RET3 8.0 T/W 36.0 - \ 6' RET B/W 33.0 T/RET 35.0 B !a 35-0 1' RET T/W 50.0 - - - T/RET 49.0 B/W 44.0 2 5 RET �S 2 v 1 -3. �. L c 4, <�' ,� TC- 6.50 " Q 41 1 vALL 39. 0 42 4 4. 41 x 38.81 .C x�G \ TEL. +3' 3 TC36.0 !� \TRANS. 1844 SF 7280 = 25.3, i°�� SHADOW CANYON,;tOT;41 �' i� � �F Fo WAD R. 27549 s 11 C t� / \ 1 1 I V �T o0NTG6 EERY. `Jl ad: r� C A LE: 1 "_ 10' o Eoo2 9c 3Z E; Po qaj ani omo'TV-os-3S\s6ulmeup\NVA8-OHd\:8 N0°"""'30 1Y° 2 3au•laam:QV(aawo63uowp :Row-9 e999-av (0et) --1 stet -as (090 _ - 99ZS9 VNOZIaV 'SHIN NIV1NnOd tOZ ams '3AV M3VQNaVd '3 9Q91 `t- 'O-n ' � u RwvNvw v ONN33MON3 ; Aa3WQt iN❑W .¢ ama i�naaam NVId 311S 'aQ NOANVO MOOVHS '3 41441 b e� ��raoa'35rpw 3nua 11"' L. srl 31 a✓. z 0310N SV""" NO 101 ANV� 30QIbNnS Nlb Lt iOlNVO MOa, HS t rvaa` ZOOZ-9-9 WOa w5N . 3�N3aIS3!! �„ ',xarmVHlll . a,p[a'n'n axvmixon S' Ill v � I�Rcc® �I MEMO MccameL d6�9�936 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 5/1/03 Submitting Department: Com. Dev. Contact Person: Dana Burkhardt, Senior Planner Consent: Regular:n Requesting Action:® Repot Only: Tvne of Document Needing ADDroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ® Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: Public Hearing and consideration of a SPECIAL USE PERMIT to allow a proposed detached accessory garage structure to encroach within the required minimum rear and street -side yard building setbacks in a "R-2" multi -family residential zoning district located at 17219 E. Rand, aka Plat 201, Block 6, Lot 6; Case Number SU2003-04. Staff Recommendation: Approve Fiscal ImpactsNo $ Purpose of Item and Background Information: This request is for approval of a Special Use Permit that would allow a proposed detached accessory garage structure to encroach within the required minimum street -side building setback. The proposed structure is approximately 1,728 square feet in area and approximately 11.5 feet tall at the highest point. List All Attachments as Follows: Staff Report; Application & Narrative; Site Plans; Building Elevations Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: A't. '/ 1, /-.. /_ partment Head ��;77e_ '� - 9 Z -O Town anager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT TOWN COUNCIL MEMO TO: Honorable Mayor Beydler and DT: April 23, 2003 Town Council FR: Dana Burkhardt, Senior Planner RE: SU2003-04; Request for approval to Q encroach within the minimum building setback for a large accessory building (detached). LOCATION: 17219 E. Rand Drive, aka Plat 201, Block 6, Lot 6 REQUEST: Consideration of a Special Use Permit that would allow a proposed detached accessory garage structure to encroach within the required minimum street -side yard building setback. DESCRIPTION: APPLICANT: Lyle Aklestad OWNER: Lyle Aklestad EXISTING ZONING: "R-2" Limited Multiple -Family Residential Zoning District EXISTING CONDITION: Existing Single -Family Residence LOT SIZE: 17,787 sf SURROUNDING LAND USES AND ZONING: NORTH: Single-family residence; zoned "R1-8" SOUTH: Vacant Town -owned parcel; zoned "R-2" EAST: Alley and Multiple -family residences; zoned "R-3" WEST: Malta drain and Single-family residences; zoned "R1-8" SUMMARY: This request is for approval of a Special Use Permit that would allow a proposed detached accessory garage structure to encroach within the required minimum street -side building setback. The proposed structure is approximately 1,728 square feet in area and approximately 11.5 feet tall at the highest point. The proposed garage access is from the alley adjacent to the rear of the property, from a concrete driveway. The applicant is also proposing a 42-inch solid masonry fence along the rear and alley property lines to enclose the property. The proposed building is designed to respect the minimum required five (5) foot side yard building setback from the abutting property rear lot line, a 20 foot setback from the east alley side property line, and a nine (9) foot setback from the south alley side property line. EVALUATION: Section 5.06(H) of the Town of Fountain Hills Zoning Ordinance permits detached accessory buildings as follows: "Any detached accessory building greater than 120 square feet in size, shall not be located in any building setback, shall be at least six (6) feet from the main structure, shall be located behind the front line of the primary structure on the front, and behind the street side of the primary structure on the street side of a corner lot, and shall not exceed fifteen (15) feet in height. See diagram after I. Solar Units. An application for a Large Accessory Building (Detached,) that does not meet the above requirements, may be appealed to the Town Council by Special Use Permit." (emphasis added). The specific purpose for this special use request is to permit a five (5) foot encroachment into the minimum required setback from the east alley property line and an eleven (11) foot encroachment into the minimum required rear alley setback. Please refer to the 24"x36"site plan drawing included in your packets for the required minimum building setbacks. The proposed accessory structure is located adjacent to the rear of an existing duplex, approximately five feet from the adjacent lot's rear property line. The alley currently provides access to two (2) multiple -family buildings with approximately ten dwelling units combined. Directly to the south of the subject property is an unimproved Town -owned alley and the Town - owned Malta Drain open space. The existing lot configuration is a legal non -conforming condition. The Town of Fountain Hills Subdivision Ordinance restricts the platting of through lots, as this lot is currently configured. There are several platted multi -family residential lots within the vicinity of this property that have both street frontage and an abutting alley at the rear of the lot. Staff discourages property owners from taking access from Town alleyways because they are typically unimproved and not designed for frequent traffic. The alley proposed for access to the accessory building is surfaced with black top to provide dust and erosion control. The Council should take into consideration that the owners of the subject property may add an additional dwelling unit to this site under the existing ordinance. Staff suggests that the Council should discuss the potential for future requests to encroach into the minimum building setbacks. Prior to June 15, 2002, large detached accessory buildings were permitted to encroach into the required rear yard building setback up to a distance from the rear property line equal to the side yard building setback of the zoning district in which the property is located. On May 16, 2002, the Town Council voted unanimously to adopt an amendment to the Zoning Ordinance which primarily prohibits the development of large detached accessory buildings in the minimum required rear yard setback (with appeal to Town Council by Special Use). Staff has concerns that the text amendment, as approved on May 16, 2002, to allow the minimum required building setback regulations to be appealed to Town Council by special use permit should fall under a variance procedure for location of structures, rather than a "special use". On April 10t', 2003, the Planning and Zoning Commission unanimously recommended denial of this special use request. The Commissions rational for recommending denial is due to the substantial encroachment into the required building setbacks, and the fact that there are other alternatives to accomplish a detached garage without the need to grant an encroachment into the required setbacks. Commission members noted that they would be setting a precedence to permit accessory structures within setbacks after the Zoning Ordinance was recently amended to prohibit large accessory structures within the minimum building setbacks. The Commissioners also discussed that if the applicant were to build within the setbacks, the roof pitch would be reduced and the garage would less obstruct the view from Lot 7. The property owners of Lot 7, Joseph, Emma and Shirley Fritzel, protested this special use request in the public hearing. Their primary concern was that if this request is approved the views from their homes and pool/patio area would be blocked by the garage. In addition, the Fritzel's expressed their concerns with the additional vehicle traffic in the alley, which they feel is unsafe for frequent public traffic. The Fritzel's also made comment on the ability to develop this piece of land. In 1998, the Town of Fountain Hills sold a portion of the alleyway property to the prior owners of Lot 6, and concurrently replatted Lot 6 to include the sale property. Please see the attached documentation for the sale of the Town owned property. RECOMMENDATION: The Planning and Zoning Commission and Staff recommend denial of this Special Use request, case number SU2003-04. Staff requests the Town Council direct staff to prepare a Zoning Ordinance text amendment to prohibit large or small accessory structures by special use unless otherwise specified in the Zoning Ordinance. MEMORANDUM TO: The Honorable Mayor and Common Council THROUGH: Paul L. Nordin, Town Manager FROM: Andrew J. McGuire, Interim Community Development Director DATE: July 02, 1998 SUBJECT: Sale of Real Property For your consideration tonight is a request by Staff for the Council to authorize the sale of a very small piece of Town Property located near Rand Drive and Saguaro Boulevard. The subject property is a small, approximately 0.153 acre, triangular piece, currently known as Parcel "B" of Plat 201. It is located immediately adjacent to Lots 6 & 7 of Plat 201 along the south side of the paved alley that runs parallel to Saguaro. Because the alley does not cross Malta Drain, the Town has constructed a cul-de-sac bulb on a portion of Parcel "B." The Town Staff recently met with Steve and Tina Super, property owners who live on Lot 6 immediately adjacent to the subject property. The Super's requested permission to enter upon the subject property for the purpose of removing debris and weeds in an effort to reduce the fire danger and to maintain their views of the surrounding mountains. Staff has granted the Super's the right to enter the property for clean-up purposes; however, this area could become a continuing maintenance problem for the Town. The Supers have indicated that they would be interested in acquiring a potion of this parcel if offered for sale. Staff is proposing that the parcel be split into two tracts (Tract 1 equaling 2005ft2 and Tract 2 equaling 3925ftZ) with the remainder reserved as public right of way. Each tract would then be sold at public auction with a minimum bid to be set by Council. The area is zoned R1-8, and neither tract is large enough to be developed individually. Staff Recommendation: That the Council authorize and direct the Town Attorney and the Town Engineer to take all steps necessary to sell, at public auction, Plat 201, Parcel B, Tracts 1 & 2, for a minimum bid of not less than ten cents ($.10) per square foot. Further, should the successful bidders be adjacent property owners, staff shall initiate, on the owners' behalf, a replat of the adjacent parcels to include Tracts 1 & 2 as part of the platted lots. II 0 • i EXHIBIT "A" TOWN OF FOUNTAIN HILLS PROPOSED PROPERTY SALE (C.,�RR�cT►v�) PLAT 201, PORTIONS OF PARCEL B - r p LOT 1 25 R=20.00' 1 N66� L= 31.42' \ A=09'45 39" R=765.00' LOT 6 �o o, LOT 7 LOT 2 A=03'53'22" RS �6'p`� ' ' R=765.00' L=51.93' ro PROPOSED PROPOSED s� TRACT 2 • TRACT 1 ''�� /. ,�° 2005 SF �` \ S��°��'� '°: , 3925 SF 66 \ N PROPOSED :� I \ R,/W ff LOT 3 \ �6'67: SF + I L=10-13'40" t EXISTING PARCEL B R=765.00 (TO BE RECONFIGURED) L=136.56' �Ep LAND S 16545 do o �O + RANDY L A LOT 4 EXISTING PAVEMENT 9ned U� ` �0 \ HARREL EXI SJLY ' ��ZQWA 0 U •5'P � � \ I NORTH DATE: 11-2-2001 SCALE: 1 "=60' Kcn mc039 5Cng�rvgmZ CD < a� a o o c EnCL CD — CL -0 C = -0 ci _n uD 0 :3 o a C o O -t N n — CD W Q— O O Q: � a)� Q CD cn � 0 0 CD .- ( CD c m CD Cn cn =J O a)O O O CD n CD CD o = O _0 cn c� 0 -, -n _ 3 CD ZrW CD .. � C 0 0 cn 3 9 -a �' � :3� m c� CD 0 OC 0 w - < 0) CD O m -- CD f1 C cn � v O _� (0-0 O — C cn CD cn 0 0 3 n- 0 Q -- 0 w m 3 (D Q= m y Z CD O 3Er _-- C O (D O Cv .. 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P J m a n zz d ti � �•� '�0 ry-.Zvu �o.o 8 ��gy�maag ogJz�a_Jm� Ia • 2mT- j03S--°_s° _ l m-,SC T a._Qp °oNyC i �SSCC $o�sQ�gt .cy N � ��X Mu g ce �a •oLtcQoi ImZ n� � 40o2�2m �e�8 � a• j_��3oz_N aq fie-a�.� a' 4 a t. lit - fog ge t $boa _Q �N.ag 4 S rn a 4Im pd ai JQ s 829 - Hjl a ; QQgs g agg QSSyyYY.� gip; g� � r�A�V%i aSL 5� it fill _ o= g_> m3vr z > zz 0 m of SL m > a a F 3 MEMORANDUM TO: Honorable Mayor and Town C cil FROM: Randy L. Harrel, Town Engine i t THROUGH: Jeff Val e Dire r of Community De elopment THROUGH: Paul L. N i'� n Manager DATE: March 25," 1999 RE: Replat of Lot 6 and arcel B, Block 6, Plat 201 (PD98-01) Subdivision No. S99-09 On January 7, 1999, the Town Council accepted the bid from Stephan and Tina Super for the sale of portions of the above Parcel B, and direct staff to initiate and process a replat of the new configuration for Lot 6 and Parcel B. This agenda item is the consideration of approval of that replat. Basically, the Super's purchased a portion of Parcel B which becomes part of Lot 6, and the remainder of Parcel B (the remaining Town portion) is dedicated as alley right-of-way, since it contains a cul-de-sac bulb for the dead-end alley. There are no public improvements required with this replat, so it is being handled on a "fast -track" basis as a final plat. The Engineering and Planning Departments have reviewed and approved the plat. Staff recommends approval of the final replat of Lot 6 and Parcel B, Block 6, Plat 201. cc: Jeff Valder Jim Leubner Ken Valverde Stephen and Tina Super GAEasement Memo\Super - Replat Parcel B. Bik 6. Plat ZOl.doc PBA 1 /02 oo��r The Town of Fountain Hills 4 y COMMUNITY DEVELOPMENT DEPARTMENT CaseOMlanag r: only �6o Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST: APPLICATION - Preliminary Plat Cu Fill Waiver ecial Use P it, SU Comprehensive Sign Plan HPE Change or Abandonment CCZ S»ry ga:`o��� �^ �IQr Q S PROJECT NAME Mrs. Applicant: y Zc ��� S'T.� D Day Phone Y��- �37- x Mr. Ms. Address: 7a �9 �' iP��,o r city: , firms �/ State: -I' z Zip: M rs Y Mr. Ms. Owner: Address: Day Phone City: - State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section below mil be completed, SIGNATURE OF OWNEk-` � � -_ DATE I HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of TO FILE THIS APPLICATION. 20 Notary Public My Commission Expires ILING DATE: FEE PAID:oo ACCEPTED BY: �C (See Fee Schedule) Cr- rt Vic:' C � Application Page 2 of 7 Case Number Sc�—X 3--O Lf PBA 1/02 The Town of Fountain Hills LEGAL DESCRIPTION �U Plat Name Block If 7 PROPERTY ADDRESS Z(' PARCEL SIZE (Acres) 0, L� � NUMBER OF UNITS PROPOSED EXISTING ZONING: �L,4-T Lot ASSESSOR PARCEL NUMBER (? & - 0 9 - 067 TRACTS O PROPOSED ZONING R--2 Application Page 3 of 7 Case Number T Iwo Lyle Aklestad 17219 E. Rand Dr. Fountain Hills, Az. 85268 2-6-03 Fellow Neighbors, This letter is to inform you of a garage I'm going to have constructed by Bercel Builders. The garage will be built on Parcel `B' of lot 6. The garage will be for my classic cars. The garage will be 36' x 48' with 8' walls and a 2-12 pitch roof so as not to disturb any views. The building will also be of stucco walls and .. the roof to match the house. I feel this will be an asset to our area instead of a vacant lot plus being put on the tax roll to help our town. The purpose is storage of cars not a business; classic cars are my hobby and if you are like myself you enjoy seeing them around town.. Sincerely, elyye Aklestad Y �•:aYrur,,,.o atu.Ys 'Y. ie CY 5.;c.II.cn kw B000 �pN� O O O i�m> N2 2 VAX _ m T rn � m ,9p 9 coPma• O 3�03 9� uMTAM@Y [vaN•WNL Y N.n.cwcN.. ��c - M❑NTG❑MEW; AKLESTAD RESIDENCE i ci ,,„„ KSM F._„_2oD3 ENGINEERING A MANAGEMENT, L.L.C. '' Zt� PLAT 2D', BLOCK 6, _�T (j „DRM 24 '6776 E. PARKVIEW ME. SUITE 204 � 7219 E. RAND DRIVE AS NOTED "•" 68 (480) 83FOUNTA7Jt8455 tax(I4W)) 837ZONA 8866E �_ � e—mail: Emontgome•yt®o.est6n'. SITE PLAN N» n.a ��� NNW �I W, i u T � �3 h E7 1 o ` c Ell April 10, 2003 TO, Town of Fountain Dills Planning Commission I, ROBERT LICKMAPd, own a four-plex which is rental property located across the street or alley from the property upon which Mr. Aklestad desires to build a garage for storage of his classic cars. The description of my property :s Lot 2, Block 6, Fountain Hills, Arizona Plat 201, according to the plat of record in the Office of the County Recorder ofMaricopa County, Arizona, recorded in Book 144 of Maps, page 3; and Affidavit of Correction recorded April 20, 1972, in Docket 9383, page 479. I am in full agreement with Mr. Aklestad's plans and feel it will be an asset to the area. State of Arizona County of Maricopa Signed & sworn to before me this OFFICIAL SEA. MELANIE S. PAVLET Nchry Public - SUte a4 ArKuns MAAICOPA COUNTY My wmm exple" Nov. ♦, 20,40 Rob rt Lickcnan `Y-/C3 d 3 Date 10'' day of April 2003, My commission expires 11-4-2006. Notary Public --� Loretta and Lyle Aklestad 17219 E. Rand Drive Fountain Hills, AZ 85268 Dear Loretta and Lyle, On behalf of the Saguaro Vista Homeowners Association,) would like to thank you both for coming to our March 2003 meeting to share information regarding the purposed construction of your new personal use garage. We very much appreciate your consciousness of the feelings of your neighbors regarding how this building might affect them. We also appreciate your taking the time to open communication about this matter and address any and all concern that may have arisen regarding your construction prior to the scheduled April 10`h Zoning Board hearing. The drawings and plans that you presented were helpful in our understanding of what you are intending to do. We wish you well on your new endeavor and look forward to seeing your beautiful classic cars around the neighborhood. It was a pleasure to meet you both and i hope that we can continue to maintain the neighborly relationship that has been established. Respectfully yours, Holly Holmes, Secretary Saguaro Vista Homeowners Association N S Q b h T � ~ Ik I I _ I � 0 -1a d C W rl� &J t'Y MT, CZ IS- -f, 'p-, I L.4 ba k b-I Ck A 4b .71 9's 00 ' :>7 A17 `.. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning & Zoning Meeting Date: 5-1-03 Contact Person: Denise Ruhling, Planner Consent:❑ Regular:® Requesting Action:® TVpe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Cut and Fill Waiver Council Prioritv (Check Anorovriate Areas) ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording. Consideration of a CUT AND FILL WAIVER to permit a 13-foot maximum cut for the development of a single-family residence located at 10019 N. Palisades Boulevard aka, FireRock Lot 12. Case Number CFW2003-02. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This is a request by Edward and Donna Chavez for a 3 foot cut in excess of the ten foot maximum allowed by Section 5.11(C)(4) of the Town of Fountain Hills Zoning Ordinance. The portions of the proposed cut in excess of ten feet are located between the proposed home and Palisades Boulevard, more specifically as a portion of the driveway and the southwest portion of the residence. There is an additional cut in excess of the maximum allowed located in the main floor of the residence which is allowed to be approved administratively. Please refer to Staff Report for additional information. List All Attachments as Follows: Staff Report, Site Plan, Cross Sections, Narrative. Type(s) of Presentation: Powerpoint Signatures of Submitting Staff: De artment Head -�� 7 D � Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS `.. PLANNING & ZONING DEPARTMENT STAFF REPORT TO: Mayor Beydler and Town Council DT: May 1, 2003 FR: Denise Ruhling, Planner RE: Firerock Lot 12 Cut and Fill Waiver. Case Number CFW2003-02 Consideration of a cut and fill waiver to permit 13 foot maximum cuts for the development of a single-family residence located at 10019 N. Palisades Blvd. aka Firerock Parcel P2-Q1 Lot 12. Case Number CFW2003-02. DESCRIPTION: APPLICANT: Edward and Donna Chavez OWNER: Edward and Donna Chavez EXISTING ZONING: "R1-18 PUD" , ftw EXISTING CONDITION: Vacant Residential Lot LOT SIZE: 34,409 square feet or .7899 acres SURROUNDING LAND USES AND ZONING: NORTH: Vacant Residential; zoned "RI-18PUD" SOUTH: Vacant Residential; zoned "R1-18PUD" EAST: Open Space; zoned "RI-18PUD" WEST: Vacant Residential; zoned "R1-18PUD" SUMMARY: This is a request by Edward and Donna Chavez for a 3 foot cut in excess of the ten foot maximum allowed by Section 5.11(C)(4) of the Town of Fountain Hills Zoning Ordinance. The portions of the proposed cut in excess of ten feet are located between the proposed home and Palisades Boulevard, more specifically as a portion of the driveway and the southwest portion of the residence. There is an additional cut in excess of the maximum allowed located in the main floor of the residence which is allowed to be approved administratively. EVALUATION: Building permit #2002-083 was submitted and approved, July 2002, meeting all the requirements of the Town of Fountain Hills Zoning Ordinance. An amendment and resubmittal, changing finish Amerihost Inn & Suites CP2003-01 floor elevations, was made October 2002. This resubmittal indicates three cuts in excess of the 10' maximum allowed by the Zoning Ordinance. One of the three cuts is located to the interior of the residence and may therefore be administratively approved. The driveway cut is a maximum 11-foot deep is approximately 25 feet in length and 2 foot in width. The cut at the southwest portion of the residence includes dimensions as follows: 11 foot cut with diameter of 3 feet by 32 feet; 12 foot cut with diameter of 4 feet by 28 feet and 13 foot cut with diameter of 4 feet by 18 feet. Staff has identified three objectives in reviewing cut and fill waiver requests for single-family residences. Those objectives are as follows: 1) Reduce the visual impacts of the proposed development ass viewed from the adjacent properties and rights of way. 2) Review the measures applied by the designer to minimize the amount of cut and fill on the lot. 3) Consider possible alternatives to the proposed plan that would conform to the ten foot maximum cut or fill. The proposed cuts would not be visible from the adjacent right of way but would be evident to surrounding open space, golf course and neighboring residents. In addition, the original plan submitted for this residence met all requirements of cut and fill maximums thus indicating that alternatives in design are available. The Planning & Zoning Commission reviewed this application at their April 10, 2003 meeting and voted to recommend approval by a vote of three (3) yes and two (2) no. Recommendation for approval was based upon the fact that the proposed plan appears to be an aesthetically better plan, reduces the number of retaining walls and is therefore a reasonable request. RECOMMENDATION: The Planning & Zoning Commission and staff recommend approval of a cut and fill waiver to permit 13 foot maximum cuts for the development of a single-family residence located at 10019 N. Palisades Blvd. aka Firerock Parcel P2-Q1 Lot 12. Case Number CFW2003-02. Page 2 of 2 PBA 1/02 The Town of Fountain Hills COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance Condominium Plat NATURE OF THE REQUEST: PROJECT NAME Firerock Lot #12 APPLICATION Preliminary Plat Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment For Official Use Only Case Manager: _ X Mrs. Applicant Edward Chavez l%�n► ,T iace� 602-992-8600 Da Phon Mr. Ms. Address: 4737 E. Cholla St City: Phoenix State: AZ zip.85028 _.� Mrs. Owner: Edward Chavez ��n T, Chaff 602-992-8600- Day Phone �C Mr. 4737 E. Cholla St Phoenix Ms. Address: City: State: AZ Zip..85028 If application is being submi e other than the owner of the property under consideration, the section below must - SIGNATURE OF OWNER )MIDATE I HEREBY AUTHORIZE -74AI20)017ik,7 TO FILE THIS APPLICATION. Please Print Subscribed and sworn before me this 41*�day of 20 _____ Lia=Q�- My Commission Expires o - cx_o Notary Public NG DATE:FEE PAID: ACCEPTED BY: (See Fee Schedule) OFFICIAL SEAL JENNIFER A. STEJ20018 Application Notary Public - State of A -ige 2 of 11 MARICOPA COUNT My comm. expires Feb. 10,m5\venerpl ApphCohpn - Public Meonng.ppc PBA 1/02 The Town of Fountain Hills LEGAL DESCRIPTION Firerock 12 Plat Name Block Lot PROPERTY ADDRESS 10019 N. Palisades PARCEL SIZE (Acres` 0.7899 176-11-247ER ASSESSOR PARCEL NUMB NUMBER OF UNITS PROPOSED N/A TRACTS N/A EXISTING ZONING: R1-18H PUD PROPOSED ZONING N/A rl Application Page 3 of 1 1 e \Forms\General Application - PuViC Heanng.00c A A A AR(hllf(IVRfo (OAAMIk o MIDMIlk ^ MIRIN DUP 0 DIKDAPI LOT 12 of PARCEL P2-Q 1 FIREROCK 10019 N. PALISADES REQUEST for CUT and FILL WAIVER 4737 LAST MLLA STRLLT ° PUONX, ARIZONA 85028-2303 ,, 602 4q3-9711 / qq2-86o0 SAX qqb 6456 SINCL 1972 U(MIUM o (OAAMIk o MEN% o INUIR ME o XMOM[N JA NARRATIVE We request a cut of more than 10' at our proposed driveway (see attached plan). Due to the steepness of this lot, we request a waiver. We have limited our disturbed area stair step at the proposed residence to work with the existing topography. The Lot is 34,409 square feet. The percentage of footprint at 10' cut or fill is 4.3%. The design is compatible to the existing area and will have a positive impact to the context. A 4737 `AST MLLA STRUT ° PUO�NIX, ARIZONA 85028-2303 602 493-9111 / qq2-86o0 SAX qgb 6456 SINCE 1972 04/16/2003 10:34 6029966456 CHAVEZ AIA PAGE 03 • �J 04/15/2003 10:34 5029955455 CHAVEZ AIA PAGE 02 • 04/03/2003 16:30 6023366456 CHA'VE2 AIA -rjw 34.00 E9 IN ,*'�� XAI-� -rjyd Ao.o � tlw 3a.o AIN 4� Is'; �k 04/03/2003 16:30 6029966456 CHA'VEZ AIA PAGE 03 Idw� ti " () cuTS Z'x ZG, 3,X32, ti I is - 0 C U'T 44 ISM 2883 6 on 04/03/2003 16:30 6029966456 PAGE 05 CHAVEZ AIA A , , 04/03/2003 16:30 6029966456 CHAVEZ AIA PAGE 06 now, 3 / L I Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Planning & Zoning Consent:❑ Regular:® Meeting Date: 5/1/03 Contact Person: Denise Ruhling, Planner Requesting Action: Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check ADDroDriate Areas): Report Only:❑ ® Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Education ❑ Public Fitness ❑ Library Services ❑ Public Safety ❑ Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks & Recreation ❑ Town Elections ® Community Development Regular Agenda Wording: Consideration of ORDINANCE 03-07 amending Chapter 6 of the Zoning Ordinance (Sign Ordinance). Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: This is a proposal to update Article 6 of the Town of Fountain Hills Zoning Ordinance otherwise referred to as the Sign Ordinance. Changes include grammatical errors, additional definitions, and changes in regulations on banners, awning signs, square footage calculations, under canopy signs, and A -Frame Signs. Please see attached report for a complete explanation of changes. List All Attachments as Follows: Staff Report, Ordinance #03-07. Type(s) of Presentation: /�' Signatures of Submitting Staff: Dep tment ead az 9-c�`3 Town anager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DEPARTMENT REPORT TO TOWN COUNCIL TO: Mayor Beydler and Town Council DT: May 1, 2003 FR: Denise Ruhling, Planner RE: Consideration of Ordinance #03-07 Through: To W c Works Director Updates to Article 6 of the Zoning Ordinance (Sign Requirements) Case #Z2003-01 The proposed changes to the sign ordinance were brought on by a continued difficulty in providing adequate signage for multi -tenanted and corner buildings. For example; some businesses, located in multi -tenanted buildings/shopping centers, have been limited to a total aggregate sign area of 12 square feet including all window, wall and freestanding signage. In June of 2002 Staff began researching other municipality ordinances. The research resulted in the proposed changes/additions: Corner Building Total Aggregate: The proposed change would allow up to two public street frontages to count toward the total aggregate sign area. Neon: The proposed ordinance would allow neon as part of a wall sign and allow four square (4) feet of neon signage in the window (i.e. OPEN). Secondary Entrance Signage: The proposed change would allow businesses with a second general public entrance 25% of their total aggregate sign area, in addition to their total aggregate sign area, as a wall sign to be installed as a secondary sign not visible from the main public entrance in the C-2, C-3, and TCC zoning districts. Under Canopy Signs: The proposed ordinance will allow Under Canopy Signs as a part of Comprehensive Sign Plans. In July staff began meeting with the community and held a total of four meetings receiving input and presenting changes. Based upon input received at those meetings the following proposed changes were added: Awnings/Canopy Signs: Allowing Six Square feet of signage and providing an aesthetically pleasing architectural feature. Banners: Currently these are not being displayed as written in the ordinance (one time for grand opening) thus resulting in the proposed change to allow a banner to be displayed up to 28 days a year. Under the current regulations 31 permits were issued in the past 12 months. However it is possible that the proposed regulations could allow up to 1,996 permits in a one- year time frame. These numbers are based upon 499 businesses in the Commercial districts flying banners up to 4 times per year. It is staff's belief that this could pose an enforcement problem. Window Decorations/painting: The proposed change would specificallyabusinesses the opportunity to decorate/paint their windows for civic, patriotic or religious holidays. Page 1 of 2 A -Frame Signs: A -Frame Signs will not be allowed, after January 1, 2004, under the proposed ordinance guidelines. Most of the A -frame signs currently displayed are not following guidelines. Some of staff's concerns about the A -frame signs include: Location in right-of-way Off premise location (other persons property) Improper placement Misuse as directional versus advertising No permit required Not required to be professionally made Loose/not attached Left in right-of-way after sunset Under current regulations each business is allowed up to five a -frame signs. With more than 499 businesses located in commercial zoning districts this could result in the display of over 2,495 a -frame signs. In addition, there are 744 home based businesses in Fountain Hills, if each of those businesses displayed five signs we would be looking at an additional 3,720 signs for a total of 6,215 a -frame signs. A draft ordinance was presented to the Planning & Zoning Commission at workshop on December 10, 2002 and initiation of the ordinance on December 12, 2002. The Planning & Zoning Commission heard the presentation at public hearing on January 9, 2003 and recommended approval, by unanimous vote, with the change to allow A -Frame signs to remain until January 1, 2004 thereby allowing businesses "adequate time to plan alternative advertising". At the recent Town Council workshop a concern was expressed that the original intention of the January 1, 2004 deadline was to allow a one-year phase out of the signs. Staff suggests that the Town Council may want to change the January 9, 2003 deadline to reflect a date one year from adoption of the ordinance. Additional concerns addressed at the Town Council workshop included enforcement, banner and garage sale signage. Italics indicate changes, as discussed at the workshop, to the Banners and Garage Sale sign. Sign violation enforcement has been an ongoing concern; the following numbers represent the number of violations, which have been processed through our Marshal's Department. April 2002 to March 2003 610 sign violations, of those violations 30 were processed within the last month. In total seven "gimmes" are provided and one "take away" is proposed. These proposed changes are very positive for the business community allowing additional square footage, neon, canopy signs, etc. This community has been built on sign regulations and is successful because of those regulations. Without regulation Fountain Hills will become a mecca center for unlimited signage. Staff is asking for your support of the proposed sign ordinance as presented. In closing, Staff has spent over 300 work hours, encompassing nine months, on these changes. The public has had input at six different meetings. Although it is virtually impossible to satisfy everyone's signage desires Staff believes that these changes reflect the majority of the issues. Staff is recommending approval of the proposed changes. Page 2 of 2 ORDINANCE NO.03-07 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 6 OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO INCLUDE PROVISIONS RELATING TO SIGNS. WHEREAS, the Town of Fountain Hills adopted Ordinance No. 93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, Chapter 2, Procedures, Section 2.01, Amendments or Zone Changes, establishes the authority and procedures for amending the Zoning Ordinance; and WHEREAS, public hearings were advertised in the December 18, 2002, edition of the Times of Fountain Hills and Rio Verde, pursuant to Axiz. REV. STA`r. §9-462.04, and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on January 9, 2003 and by the Mayor and Town Council on February 20, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the Zoning Ordinance, Chapter 6, Sign Regulations, shall be deleted in its entirety and replaced with the following: CHAPTER 6 SIGN REGULATIONS 6.01 Purpose. These Sign Regulations are intended to encourage attractive signage for businesses and services, optimizing the availability of information, while promoting the general welfare by creating a more aesthetically appealing community. 6.02 Definitions. The following definitions shall apply; interpretations of these definitions shall be the responsibility of the Community Development Director. Abandoned Sign: A sign that is no longer associated with the location, product or activity conducted on the premises on which the sign is located. Advertising Copy: Copy that includes, but is not limited to information such as phone numbers, prices, announcement of sales, business hours, meeting times, individual or specific product or merchandise information, and directional information. Advertising Sign: A sign which includes any copy and/or graphics relating to any business, service, product, person, organization, place, or building in addition to simple identification. 9196.001\Sign Ordinance.v3.doc 5-05-03 1 A -Frame Sign: A temporary sign normally supported by its own frame in a manner that usually forms an "A" when in use; also referred to as a "sandwich" or "tent" sign. Animated Sign: A sign with actual motion, including light changes or color changes, or the illusion of motion. Awning: An architectural projection or shelter projecting from, or supported by, the exterior wall of a building and composed of a covering of rigid or non -rigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures which are internally illuminated by fluorescent or other light sources. Awning Sign: A sign displayed on, or attached flat against, the surface or surfaces of an awning or any other surface attached to a building that provides shelter. Ballast: The portion of a sign required to operate a fluorescent lamp. Banner: A temporary sign composed of fabric, plastic, or other pliable material on which advertising copy or graphics may be displayed. Bench sign: A sign painted on or affixed to a bench. Billboard: A permanent off -premise outdoor advertising sign erected, maintained or used for the purpose of commercial or non-commercial messages. Building Mounted Sign: Any sign mounted onto the vertical surface of a building; see also Wall Sign. Cabinet Sign: A frame constructed to hold internal components and covered by a face to hold the advertising sign. Canopy Sign: See definition of Awning Sign. Changeable Copy Sign: A sign constructed to hold individual letters or individual text sections that are mounted in or on a track system. Changeable copy signs are usually used as Directory Signs. Channel Letter: Individual letters constructed to be applied singly in the formation of a Building Mounted Sign or a Freestanding Sign. Channel letters may be illuminated or non - illuminated. Comprehensive Sign Plan: Comprehensive Sign Plans are required in all Commercial Zoning Districts for multi -tenanted buildings or shopping centers. The Comprehensive Sign Plan shall be reviewed and approved by the Community Development Director or designee and conform to the sign regulations contained in this chapter. A "multi -tenanted building" is a building complex or center that contains any number of businesses, greater than one, that share the same site and use common points of ingress and egress to and from the site. Copy: The text, graphics or message of a sign. Direct Illumination: A sign that is constructed with a light source that is externally mounted; also referred to as "exterior illumination". 9196.001\Sign Ordinance.v3.doc 5-05-03 ON Directional Sign: A sign, supplying pertinent directional information for the purpose of promoting safety and the flow of vehicular or pedestrian traffic. ENTER IIII Example Directional Sign I on Wai I mro� iW9_ .€ Directory Sign: A sign listing the names and/or uses, and/or locations of the various tenants or activities within a building, or in a multi -tenant development, or group of buildings. Directory Signs may be constructed as Changeable Copy Signs. Electronic Message Center: A sign that uses computer -generated or electronic means to change advertising copy, messages or color, including signs that flip or rotate. Face, Letter: The exterior side of an individual letter or individual graphic element. Face, Sign: The area enclosing the copy and graphic components of a sign. Flag: Includes the United States, State, corporate flags for registered corporations, flags of foreign nations and decorative flags. Fascia Sign. A sign, which is permanently affixed to the horizontal member or surface at the edge of a projecting or slanting roof. Example Facia Sign Flashing Sign: A sign with an intermittent, repetitive or flashing light source. Freestanding Sign: A sign that has its own supporting structure independent of the building or business it identifies. Frontage, Building: The linear measurement of an exterior building wall or structure that faces the public roadway. 9196.001\Sign Ordinance.v3.doc 5-05-03 3 Front Lit Letter: An internally illuminated individual letter or graphic component of a sign that has a translucent face. Fuel Price Sign: A sign displaying the price(s) of fuel. Ground Mounted Sign: A freestanding sign with no visible base. Halo Illumination: Wall or Freestanding Signs having the sign lighting constructed so that the light for the entire sign, or the light for each individual component of the sign, is directed against the surface behind the sign or sign component, producing a halo effect. Holiday Window Decorations: The decorative display of holiday themed decorations or window painting. Identification Sign: A sign which contains only the name of the business, person, organization, place, or building at that location. Ideological Sign: A sign which expresses, conveys, or advocates a non-commercial message. Illuminated Sign: A sign which is lighted, either externally or internally. Internally Illuminated Sign: A sign constructed with a light source behind the face of the sign. Logo: A graphic design representing a product, identity or service. Mansard Roof: A roof style composed of a combination of a steep semi -vertical plane connected to a flatter plane. Any sign proposed for a building with a Mansard Roof shall have the top of the sign mounted no higher than the lowest point of any portion of the roofline. Menu Board: A changeable sign orientated to the drive-thru lane for a business that advertises the menu items or services available from the drive -through window. Mobile Sign: See Portable Sign. Monument Sign: A Ground Mounted Freestanding Sign identifying a multiple - occupancy development such as a shopping center, office building or planned industrial 9196.001\Sign Ordinance.v3.doc 5-05-03 0 park, which has multiple suites, offices or tenants. A Monument Sign shall be a part of the signage regulated by a Comprehensive Sign Plan. m E E X fu 5- Monument Freestanding Monument Signs Height x 0.6 Height x 0.5 Height x 0.4 Maximum Width Multi -Tenant Building Identification Sign: A sign for a building complex or center that contains any number of businesses, greater than one, that share the same site and use common points of ingress and egress to and from the site. Neon Sign: Any sign that uses neon, argon or any similar gas to illuminate transparent or translucent tubing or other materials, or any use of neon, argon or any similar gas lighting on or near the exterior of a building or window. Open House Directional Sign: A temporary sign, with directional arrow, directing pedestrian or vehicular travel to the property or premise for sale, lease or rent. Pan Channel Letter: An individual letter of a sign constructed so that the sides and back of the letter are one unit. Parapet: An extension of a vertical building wall above the line of the structural roof. Parapet Sign: A sign mounted to the face of a building parapet. Pennant: Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series and designed to move in the wind. Pennants must not exceed 12 inches in any direction. Pole Mounted Sign: A Freestanding Sign constructed with a support structure that is more than 10% of the height of the total sign and less than 90% of the width of the sign. The sign support structure shall be included in the sign area computation. Political Sign: A sign which identifies a person, expresses a position, conveys a message concerning, or advocates a position on the candidacy of a person, party or issue on an upcoming ballot. Portable Signs: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of persons or wheels; signs converted to A -frames; menu and 9196.001\Sign Ordinance.v3.doc 5-05-03 5 sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business, in which case the vehicle must be removed from site during non -business hours. Example Portable Sign SELF SERY K�9 �9 Projecting Sign: A Building Mounted Sign that is attached so that the face, or faces, of the sign are perpendicular, or within 15 degrees of perpendicular, to the building face or wall. Signs attached at an angle of zero to 30 degrees from a vertical surface shall be considered to be Building Mounted Signs. Pylon Sign: See Pole Sign. Real Estate Sign: A sign, attached to the site, advertising the sale, lease or rental of the property or premises on which it is located. Reverse Pan Channel Letter: An individual letter of a sign constructed of an opaque material so that the sides and front of the letter are one unit. Roof Sign: A sign affixed on, above or over the roof of a building so that it projects above the roofline. The top of a parapet wall shall be considered the roofline. The vertical portion of a Mansard Roof shall be considered the roofline. The top of the facia of a hipped roof shall be considered the roofline. Where a parapet wall is combined with a mansard roof, the roofline shall be the top of the parapet. Sign: Any visual element, or combination of elements, including words or symbols, designed or placed to attract attention or convey information, including any device providing identification, advertising or directional information for a specific business, service, product, person, organization, place, or building. Graphic devices such as logos, obtrusive colored facia or architectural elements, banners, balloons, streamers, inflatable structures, exterior merchandise displays, projected picture signs, holographic projection signs and other attention attracting media and devices. Temporary Signs: A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature. Portable signs, any sign not permanently embedded in the ground, or signs affixed to a building, wall, fence, or sign structure for a non -permanent time period, are considered temporary signs. Any banner, pennant, poster, 9196.001\Sign Ordinance.v3.doc 5-05-03 R balloon, construction sign, political sign or A -frame sign shall be considered a temporary `, sign. Tent Sign: A temporary sign normally supported by its own frame in a manner that usually forms an "A" when in use; also referred to as a "sandwich" or "A -frame" sign. Under Canopy Sign: A sign attached to the underside of a canopy, marquee, cantilevered roof or eave, or any other surface having an angle plus or minus 15 degrees from perpendicular to a horizontal overhead structure. Wall Sign: A sign, which is fastened to any vertical portion of a building; see also Building Mounted Sign. Window Sign: Any sign, pictures, symbol, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is affixed to, or located within any area six feet behind a window pane, positioned to be read from the exterior of a building. 6.03 Sign Permits; Fees. A. It shall be unlawful to erect, install and/or modify any sign within the Town without first applying for and obtaining a Sign Permit from the Department of Community Development. "Modify," as it is used herein, shall mean any change in or to an existing sign, its face, electrical components, design and/or supporting structures. B. The Town must inspect all signs, prior to installation, for conformance to approved sign permit. If said sign conforms to the approved sign permit, a Town approved sticker will (� be placed upon the sign; any sign not conforming to the approved sign permit or installed without the indicted approval sticker is considered illegal and is subject to Section 6.06 of this ordinance. C. Failure to conform to the conditions of a sign permit, including any conditions and/or stipulations attached thereto by the Town Council and/or Board of Adjustment, shall render such permit void. D. Fees for sign permits shall be required and payable in such sums as the Town Council may from time to time establish by resolution. E. A sign permit does not include electrical work; however, this exemption shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Fountain Hills Town Code or any other laws or ordinances. 6.04 Violations. Any of the following shall be a violation of this ordinance and shall be subject to the enforcement remedies and penalties provided by this section, by the Zoning Ordinance, and by state law: A. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone lot on which the sign is located; B. To install, create, erect or maintain any sign requiring a permit without such a permit; C. To install, create, erect or maintain any sign in a way that is inconsistent with any plan t or permit governing such sign or the zone lot on which sign is located; 9196.001\Sign Ordinance.v3.doc 5-05-03 7 D. To fail to remove any sign that is installed, created, erected or maintained in violation of this ordinance, or for which the sign permit has lapsed; or E. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty portions of this ordinance. 6.05 Penalty The provisions set forth above are declared to be civil in nature and not subject to criminal prosecution pursuant to other provisions of the Zoning Ordinance. It is presumed that the business or residence identified on the sign is the responsible party for compliance. Enforcement of violations of this chapter shall be made through the use of a civil complaint. Fines may be assessed according to the following schedule: A. First offense, fine not to exceed $25.00 and confiscation of sign(s). B. Second offense within 12 calendar months of first offense, fine not to exceed $50.00 and confiscation of sign(s). C. All subsequent violations within 12 calendar months of the first offense, fine not to exceed $100.00 and confiscation of sign(s). 6.06 Enforcement and Remedies. Any violation or attempted violation of this ordinance or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this ordinance shall be considered a violation of the Zoning Ordinance. The remedies of the Town shall include, but are not limited to the following: A. Issuing a stop -work order for any and all work on any signs on the same zone lot; B. Confiscation of sign(s); C. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; D. Imposing any penalties that can be imposed directly by the Town under the Zoning Ordinance; E. Seeking in court the imposition of any penalties that can be imposed by such court under the Zoning Ordinance; and F. In the case of a sign that poses an immediate danger to the public health or safety, the Town may take such measures as are available under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances. The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. 9196.001\Sign Ordinance.v3.doc 5-05-03 3 6.07 General Regulations. A. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this ordinance and the provisions of the Town of Fountain Hills Building Code. B. No sign, other than an official traffic sign or similar sign, shall be erected within the lines of any street or public right-of-way unless specifically authorized herein, or by other Town ordinances or regulations or by special Town authorization. C. No sign, including temporary signs, or sign structure shall be erected or placed in a manner that would obscure vehicular visibility; nor at any location where by its position, the shape or color of the sign may interfere with, or obstruct the view of or be confused with any authorized traffic sign, signal or device. D. Every sign permitted by this ordinance must be kept in good condition and repair. When any sign becomes in danger of falling, or is otherwise deemed unsafe by the Town's Chief Building Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this ordinance, the owner thereof, or the person or firm using the sign, shall, upon written notice by the Chief Building Official, or immediately in the case of immediate danger, and in any case within not more than ten days, make such sign conform to the provisions of this ordinance, or shall remove the sign. If, within ten days, the order is not complied with, the Chief Building Official may remove or cause such sign to be removed at the expense of the owner and/or user of the sign. E. Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height, or size with the regulations of this ordinance shall be considered a protected non -conforming use and may continue in use until such time as it is abandoned or removed. Any change in the sign, including a change of sign copy shall be considered an abandonment, and the protected non -conforming status of the sign shall become void. F. Except when otherwise allowed, all signs must be located on the lot for which it advertises, informs, or otherwise attracts attention. G. Sign areas shall be measured as follows: 1. Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed. Sign area is the area within the outside dimensions of the background panel or surface. 9196.001\Sign Ordinance.v3.doc 5-05-03 Example Sign Copy Area 94 f:3 U E'ZG F FZS 2. Sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a building, which has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy. Sign area is the area within the smallest rectangle that will enclose the sign copy. Example Sign Area 3. Sign copy mounted or painted on an internally illuminated sign or internally illuminated element of a building. The entire internally illuminated surface or architectural element, which contains sign copy, will be counted as sign area. Example Illuminated Sign Area 4. Number of sign faces: One - Area of the single face only. Two - If the interior angle between the two sign faces is forty-five (45) degrees or less, the sign area is the area of one face only; if the angle between the sign faces exceeds forty-five (45) degrees, the sign area is the sum of the areas of the two faces. 9196.001\Sign Ordinance.v3.doc 5-05-03 10 Example Sign Face Area Greater 1ha n 45° 2 faces Up to 450 4f 1 face Three or more — For any sign containing three or more faces, the sign area shall be measured as the sum of areas of the all the sign faces. Three dimensional, sculptural, or other non -planar signs -- Sign area will be the sum of the areas of the vertical faces of the smallest polyhedron that will encompass the sign structure. Example Dimensional Sign Area 5. Sign area is the sum of the areas of all permitted signs, except directional signs, street addresses, or safety signs (e.g., stop engine, no smoking). 6. For signs having more than one component (e.g., a service station identification/price sign combination mounted on a common base), the sign area is the area of the rectangle enclosing all components of the sign. 9196.001\Sign Ordinance.v3.doc 5-05-03 ll *%W Example Fuel Price Sign Area WIDTH l itu 'Y' 5 5 Li 9 HEIGHT H. Sign height is defined as follows: 1. Free-standing sign: Sign height is the distance from the top of the sign structure, to the top of curb of the public road nearest the sign, or to the crown of public road nearest the sign if no curb exists. Example Freestanding Sign Height TOP OF JIGHT CURE3 2. Wall or Fascia Mounted Signs: Sign height is the distance measured from a point perpendicular to the top of the midpoint of the sign structure, to the top of the finished floor of the ground floor level directly below the midpoint of the sign. Midpoint of Sgn Midpoint of Sgn Finished floor beneath midpoint of Sign Example Midpoint of Sign I. Signs not specifically authorized herein are prohibited, including, but not limited to the following. 1. Neon signs. 9196.001\Sign Ordinance. v3.doc 5-05-03 12 2. Signs mounted, attached or painted on trailers, boats, motor vehicles or any moveable object placed on premises to serve as additional advertising signage. 3. Roof signs, or signs that project above the highest point of the roofline, parapet, or fascia of the building. 4. Any sign emitting sound. 5. Any sign with intermittent or flashing illumination, animated or moving signs, including Electronic Message Center signs. 6. Mobile signs. 7. Billboard signs. 8. Non -electrically illuminated signs. 9. Any non-public signs in public right-of-way or on public property except as otherwise allowed. The town may install signs on its own property to identify public buildings and uses, and to provide necessary traffic control. 10. All portable signs except as otherwise allowed. 11. All off -premise signs except as otherwise allowed. 12. Signs mounted, attached, or painted on trailers, boats or vehicles. Business vehicles displaying signage or advertising, as a normal part of business activity shall be parked in an assigned parking space, which is not immediately adjacent to a street frontage and must be removed at close of business hours. 13. All banners, pennants, streamers, balloons, flags, searchlights, strobe lights, beacons, inflatable signs, except as otherwise provided. 14. Any sign imitating an official traffic control sign, any sign or device obscuring such traffic control signs or devices. 15. No temporary or portable sign shall be permitted within the Shea Boulevard right-of-way. 16. Wall or window signs above first floor of multiple story buildings. J. Whenever the name of a business changes, the signs on the premises shall be modified to bring them into conformance with these regulations, even though the change is a change of sign copy only. This paragraph shall not apply to directory signs designed with interchangeable letters or panels. K. Non -conforming freestanding signs, sign structures, poles and other related equipment that have been abandoned or not in use for more than six months shall be removed and building, land or site restored to it's original state. L. The source of a sign's illumination shall not be visible from any adjacent residential streets or neighborhoods. M. No sign shall be erected or placed within any center median or any public sidewalk or bicycle path. The Town employees may remove any sign located in these areas. Directional signs owned by the Town shall be exempted from these regulations. 9196.001\Sign Ordinance.v3.doc 5-05-03 13 N. When any window sign or signs are placed so as to attract the attention of persons outside the building where such signs are displayed, the total area of all such window signs shall not exceed 25 percent of the total area of the windows through which they are visible. 6.08 Signs Allowed Legend: Numbers 1-27 indicate the sign type permitted with additional requirements or clarification as listed by the number in the paragraphs below: N/A means not allowed. Zo ing District GO C-C C-1 C-2 C-3 All Single & Multi Family Residential and OSR IND-1 IND-2 L-1 L-2 L-3 Total Aggregate Sign Area 1 1 1 N/A 1 1 A -Frame Sin 2 2 2 2 2 2 Awning/CanopyAwning/Canopy Sin 3 3 3 3 3 27 Banners 4 4 4 N/A N/A N/A Civic Organization Identification 5 5 5 5 5 N/A Contractor Signs 6 6 6 6 6 6 Directory Signs 7 7 7 8 7 N/A 9 9 9 9 9 9 -Flag Freestanding 10 10 10 N/A 10 27 Fuel Price Signs N/A 11 11 N/A N/A N/A Future Development Signs 12 12 12 12 12 12 Garage Sale Signs 13 13 13 13 13 13 Menu Board N/A 14 14 N/A N/A N/A Multi -Tenant Building Identification Sign 15 15 15 N/A N/A N/A Open House Directional 16 16 16 16 16 N/A -Signs Political and Ideological 17 17 17 17 17 17 -Signs Signs 18 18 18 N/A 18 26 -Projecting Real Estate Signs 19 19 19 19 19 N/A Event Signs 20 20 20 20 20 20 -Special Signs 21 21 21 21 21 26 -Temporary Under Canopy Signs 22 22 22 N/A 22 N/A Wall Signs 23 23 23 N/A 23 N/A Window Signs 24 24 24 N/A N/A N/A Window Decorations/Painting 25 25 25 25 25 25 9196.001\Sign Ordinance.v3.doc 5-05-03 14 Comprehensive Sign Plan 1 27 1 27 1 27 1 N/A 1 27 1 27 (1) Total Aggregate Sign Area is the sum of the total allowable sign area for the entire site with the following restrictions: a) Frontage is determined by the measurement of the portion of the building facing the street. Corner buildings may include two street frontages if the frontages are joined at an angle between 45 and 90 degrees. However, the total sign area that is oriented toward a particular street may not exceed 125% of the portion of the lot's total sign area allocation that is derived from the building frontage on that street. Building frontages that contain angles of less than 45 degrees or between 90 and 180 degrees shall be considered to be one frontage. Multi -story building lineal footage is limited to the ground floor lineal footage measurement. b) In C-0, C-C, and C-1 Zoning Districts, the total aggregate sign area shall not exceed 50 square feet. However, if the frontage measures more than 50 feet, then the aggregate area shall be calculated at one square foot per lineal foot of building frontage, not to exceed 80 square feet. c) In C-2, C-3, IND-1 and IND-2 Zoning Districts, the total aggregate shall not exceed 50 square feet. However, if the frontage measures more than 50 feet, then the aggregate area shall be calculated at one square foot per lineal foot of building frontage, not to exceed 100 square feet. (2) A -Frame Signs are allowed as follows: a) Signs must be placed at least three feet the behind curb. If no curb is present, signs shall be located at least ten feet from the edge of the paved portion of the public right-of-way. b) Signs are not allowed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. c) Signs shall not be permitted within the Shea Boulevard public right-of-way. d) Signs shall not be located within 150 linear feet of any traffic control light. e) Signs shall not be located within 300 linear feet, along the same roadway, as measured along the public right-of-way line(s), of another sign bearing the same or substantially the same message. f) Signs shall not be located more than one mile, as measured along the public street right of way lines, of the destination to which such sign is directing traffic. g) There shall not be more than five A -Frame signs to any one destination. h) Signs shall be placed in the permitted areas of public right-of-way only between sunrise and sunset. Signs remaining in public rights -of -way after sunset, or placed in rights -of -way prior to sunrise, shall be subject to confiscation and destruction by the Town. i) Maximum size may not exceed 4.5 square feet in area. j) Maximum height may not exceed 3 feet. 9196.001\Sign Ordinance.v3.doc 5-05-03 15 k) Construction must be of wrought iron, sheet metal, 1/8 inch plastic or wood that is at least 3/8 of an inch thick. (3) Awning/Canopy Signs are allowed as follows: a) Must be included in the total aggregate sign area. b) May not exceed 6 square feet in area. c) Sign area shall be measured by the smallest rectangle that will enclose the sign copy. (4) Banners are allowed as follows: a) Banners shall be allowed on a one time basis for a maximum of fourteen (14) consecutive days during the grand opening of a business, change in ownership or change of business name. b) One Banner allowed per site. c) A Banner permit must be obtained from the Community Development Department including dates of installation, prior to the installation of any banners. d) Maximum Banner sign area is 32 square feet. e) Banners shall be located on the business premises. f) Banners shall not be designed to depict any product not legally available to all residents of the Town. g) Total sign area including permanent signs and banner signs shall not exceed 200% of the permitted sign area. h) Banners shall be professionally manufactured. i) Banners shall not be displayed in the required perimeter street landscaping. j) Banners shall not obscure building address numbers. k) Banners shall not encroach within onsite fire lanes. 1) Banners shall not be attached or hung on or from a tree or shrub. m) Banner shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device. (5) Civic organizations, such as the Kiwanis, Rotary, Jaycees, etc., may be identified on group display structures in accordance with the following standards: a) Said structure must be on arterial streets. b) Structures shall not be over six feet in height or exceed an area of 60 square feet. c) Sign may not be illuminated. d) Each civic organization shall be limited to a maximum sign area of two square feet. 9196.001\Sign Ordinance.v3.doc 5-05-03 16 (6) Signs for a contractor may be placed on a construction site if signs meet the following criteria: a) One contractor sign per lot. b) Subcontractors may not place additional signs but may be listed on a main contractor sign. c) Maximum size of sign shall not exceed 8 square feet. d) Maximum height of 5 feet. e) Sign must be located on construction site. f) Sign shall not be illuminated. g) A contractor sign may be placed only during the period of time when a building permit is valid and must be removed no later than the date of final inspection. (7) A Directory sign may be included as part of a comprehensive sign package. (8) A Directory sign is allowed with the following standards: a) Maximum sign area of 6 square feet. b) Maximum height of 6 feet. c) Located behind the required front yard setbacks. (9) Flags, as defined in Section 6.02, are allowed as follows: a) Flags poles shall not exceed the maximum building height allowed in each zoning district and shall be located and constructed that if it should collapse, its reclining length would be contained on the property for which it was installed. b) Any flag flown in conjunction with the United States or State of Arizona flags shall be flown beneath them. c) No more than one United States, one State of Arizona, one foreign national flag and one corporate flag shall be flown on any one site or structure. d) The maximum size of any corporate flags shall not exceed 15 square feet, with no one dimension to exceed 6 feet in any direction. e) A sign permit is required to display any corporate flag and must be included as part of the total aggregate sign area. f) Lighting for the United States flag must meet all national and local lighting standards. g) A model home that has a Special Use Permit may use flags in addition to the United States flag and Arizona flag, in the following manner: i. There can be no more than two flags on the lot of one model home and one flag on each additional lot with a model home located upon it, up to a total of four lots of model homes. ii. The maximum size of any model home flag shall not exceed 8 square feet. 9196.001\Sign Ordinance.v3.doc 5-05-03 17 iii. Model home flags shall not be illuminated. iv. Flagpole shall not exceed 25 feet in height. h) No sign permits are required for flags unless otherwise noted. (10) Freestanding signs are allowed as follows: a) Freestanding signs shall be counted as a portion of the total aggregate sign area except as outlined in subsection (g) below. b) One freestanding sign is allowed for each street frontage. c) Maximum area of 24 square feet. d) Maximum height of 5 feet (including base). e) All freestanding signs must be no closer than 30 feet to any residential district. f) Minimum area of 4 square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. g) A monument sign may be used for buildings with two or more stories, not counted toward total aggregate sign area of first floor signage, as follows: i. Two story buildings may install a monument sign that is no greater than 8 feet in height and a width not to exceed 60% of proposed height. ii. Buildings with three or more stories may install a monument sign that is no greater than ten feet in height and a width not to exceed 40% of proposed height. (11) Fuel price signs are allowed as follows: a) Fuel price signs shall be counted as a portion of the total aggregate sign area. b) One freestanding fuel price sign is allowed per street frontage. c) Maximum area of 12 square feet per sign. d) Maximum height of 5 feet. e) Minimum area of 4 square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. (12) Future Development Signs announcing the proposed development of property prior to issuance of a building permit for the purpose of displaying the name of the project, contractors, architect and any additional information pertaining to the site on which the signs are located are allowed in accordance with the following: a) Maximum size shall not exceed 32 square feet. b) Sign shall not be illuminated. c) Sign may be double faced. d) One sign per each street on which the development has frontage. e) Maximum height shall not exceed 5 feet for all signs. 9196.001\Sign Ordinance.v3.doc 5-05-03 IN f) Such signs may be maintained for a period not to exceed 12 months prior to obtaining building permits for a development and must be removed upon issuance of a Certificate of Occupancy. g) A sign permit must be obtained prior to locating the sign on the site. (13) Garage Sale Signs are allowed as follows: a) Garage Sales signs may only be used for Garage Sales, Yard Sales and Carport Sales as outlined in Section 8-3-3 of the Town of Fountain Hills Town Code. b) Garage Sale Signs must be placed at least 3 feet behind the curb. If no curb is present, signs shall be located at least 10 feet from the edge of the paved portion of the public right-of-way. No Garage Sale Sign shall be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. c) No Garage Sale Sign shall be permitted within the Shea Boulevard public right- of-way. d) No Garage Sale sign shall be located within 300 feet along the same roadway, as measured along the public right -or -way line(s), as another sign bearing the same or substantially the same message. e) There shall not be more than five Garage Sale Signs to any destination. f) Garage Sale signs may only be displayed between sunrise and sunset. Signs remaining in public rights -of -way after sunset, or placed in rights -of -way prior to sunrise, shall be subject to confiscation and destruction by the Town. g) Maximum size shall not exceed 4.5 square feet. Minimum size shall be no less than 4 square feet. h) Maximum height shall not exceed 3 feet. i) Signs may only be constructed of wrought -iron, sheet metal, 1/8 inch thick plastic or of wood that is at least 3/8 of an inch thick. (14) Menu Boards orientated to the drive-thru lane for a business are allowed as follows: a) Menu Board signs shall be counted as a portion of the total aggregate sign area. b) One freestanding or wall mounted menu board is allowed per business. c) Menu Board must be located no less than 45 feet from any street property line. d) Maximum area of 20 square feet. e) Maximum height of 5 feet. f) Minimum area of 4 square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. g) Speaker boxes and LED boxes are allowed as follows: 1) May not exceed 36 cubic feet and 4 feet in height. 2) May not contain advertising of any kind. 9196.001\Sign Ordinance.v3.doc 5-05-03 19 3) When installed separately from Menu Board, square footage will be calculated in addition to total aggregate sign area. h) Placement of menu boards, speaker boxes and LED boxes must meet the following guidelines: 1) Can not be visible from any public street or alley. 2) Must be at least 150 feet from any residential zoning district or be screened from residential view by masonry wall. (15) Multi -Tenant Building Identification Sign is allowed as follows: a) Sign shall be a wall sign and shall identify only the building or complex. b) The maximum number of signs for each building shall be one sign. c) Sign shall be placed on the wall of the building with major street frontage. d) Maximum area of sign is 6 inches per lineal foot of building wall with a minimum of 24 square feet and a maximum of 40 square feet. Lineal footage of building is determined as defined in 6.08.1. (16) Open House Directional Signs are allowed only as follows: a) Open House Directional signs shall be used to direct traffic to a residence for sale, lease or rent. b) Maximum number of directional signs for each residence for sale, lease or rent shall be 5. c) Maximum area for each sign shall be 4 square feet. d) Maximum height for each sign shall be 3 feet. e) Signs shall not be illuminated. f) Sign must contain a directional arrow. g) Signs shall be placed at least 3 feet behind the curb. If no curb is present, signs shall be located at least 10 feet from the edge of the paved portion of the public right-of-way. No sign is allowed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. h) No Open House Directional sign shall be placed within the Shea Boulevard public right-of-way. i) No sign shall be placed within 150 linear feet from any traffic control light. j) Signs must be professionally made. (17) Political and Ideological Signs located in non-residential zoning districts shall be treated as commercial signs and shall be governed by the sign regulations applicable to the respective zoning district where sign is being located. The combination of commercial, political, and ideological signs shall not exceed the square footage limitations of the respective sign regulations prescribed in this code. In addition to signs already permitted in residential zoning districts, political and ideological signs may be located in such areas within the following parameters: 9196.001\Sign Ordinance.v3.doc 5-05-03 20 a) Maximum aggregate size, per individual candidate or ballot issue, shall not exceed 24 square feet on any lot or parcel. b) Maximum length shall not exceed 6 feet. c) Maximum height shall not exceed 4.5 feet. d) Except as otherwise, permitted in this ordinance, no such sign or portion of the sign may be located in or project into a public right-of-way. e) Political signs in residentially zoned areas shall be erected not more than 60 days prior to the election or referendum on the ballot and shall be removed within 10 days after said election or referendum. Candidates successful in a primary election are permitted to leave their respective political signs in place until 10 days after the general election, or if necessary, after a run-off election. (18) Projecting Signs are allowed only as follows: a) Must be included in the total aggregate square footage. b) Are allowed only in non-residential zoning districts having a zero -foot front or street side -yard setback. c) Shall only be permitted if signs are affixed to a building and extend over the abutting Town right-of-way line. d) Shall not exceed 3.5 feet in width or more than 6 feet in height. e) Shall not be located any closer than 25 feet to another sign developed under these regulations, whether or not they are on the same lot or parcel. f) Shall be located so that the bottom of the sign is not less than 8 feet from the ground. g) Shall not be internally lighted. h) Shall be limited to not more than two signs per lot or parcel and not more than one sign per business. i) Shall require both a Town sign permit and a revocable Town encroachment permit. (19) Real Estate Signs are allowed as follows and are exempt from the total aggregate signage: a) Real Estate Signs may only advertise the sale, leasing or renting of a building, dwelling, suite, property, or other forms of real estate. b) Real Estate Signs must be non -illuminated. c) Maximum sign area of 6 square feet. d) Maximum height of 5 feet. e) Signs must be professionally made. f) No portable signs allowed. 9196.001\Sign Ordinance.v3.doc 5-05-03 21 (20) Special Event Signage is allowed as follows: a) A sign placement plan detailing the size, location, and timing of proposed signs to be used for a special event shall be presented with the special event permit application. b) These signs shall be placed only after a Special Event Permit has been issued by the Town Council and must be removed within 24 hours after the conclusion of the event. c) The regulations in this chapter may be waived by the Town Council for special event sign placement, size, and timing. (21) Temporary Signs advertising the sale, leasing or renting of a building, dwelling suite, property, or other forms of real estate shall conform to the following regulations and are exempted from the total aggregate sign area. a) Non-residential Zoning Districts: Non -illuminated and not exceeding 6 square feet in aggregate area and 8 feet in maximum height. Signs must be professionally made. b) Residential Zoning Districts: Non -illuminated and not exceeding 4 square feet in total aggregate area and 5 feet in maximum height. Signs must be professionally made. (22) Under Canopy Signs are allowed as a part of a comprehensive sign plan and must meet the following requirements: �Wl a) All Under Canopy Signs require written landlord and Town approval prior to installation. b) Each tenant may be allowed one double-faced non -illuminated sign installed under an overhanging canopy or fascia perpendicular to the front of the tenant's front wall space. c) Maximum sign width shall not exceed 24 inches. d) Maximum sign height shall not exceed 12 inches. e) Minimum clearance shall be not less than 8 feet 6 inches from the bottom of the sign to the sidewalk or surface beneath the sign. f) In no case shall any object, banner, sign or other material be attached to, or hung from the sign. g) No Under Canopy Sign shall be mounted in a manner that will impede pedestrian or vehicular visibility or create any hazard. h) One Under Canopy Sign area shall be excluded from the total aggregate area of a comprehensive sign plan. Tenants with multiple public entrances may be allowed one additional Under Canopy Sign, subject to landlord and Town approval, but the sign area of the second Under Canopy Sign will be counted as a part of the tenant's total aggregate sign area. 9196.001\Sign Ordinance.v3.doc 5-05-03 22 (23) Wall Signs count as a part of the total aggregate signage and are allowed as follows: a) One square foot per each lineal foot of building frontage. Frontage is determined by the measurement of the portion of the building facing the street not to exceed aggregate square footage allowed. Corner buildings may include two street frontages if the frontages are joined at an angle between 45 and 90 degrees. However, the total sign area that is oriented toward a particular street may not exceed 125% of the portion of the lot's total sign area allocation that is derived from the building frontage on that street. Building frontages that contain angles of less than 45 degrees or between 90 and 180 degrees shall be considered to be one frontage. b) Sign area must allow a minimum 2 foot border from edge of the building or suite frontage, or a minimum 2 foot separation between signs, whichever is less. c) Each wall sign may project no more than 12 inches from the surface of the wall to which it is attached. d) Reverse pan channel letter with halo illumination must not exceed a 1.75 inch separation from the wall. e) Multiple story buildings may not install wall signs on any floor other than the ground floor. f) In the C-2, C-3, and TCC Zoning Districts a secondary entrance wall sign is allowed in addition to total aggregate sign area if the following criteria are met: 1) Sign are shall not exceed 25% of primary total aggregate sign area. 2) Secondary entrance must not be visible from main public entrance. 3) Secondary entrance must face a rear parking area, common area or public use frontage. (24) Window signs are allowed as follows: a) Count as part of the total aggregate sign area, except as identified in subsection (c) below. b) May not exceed 25% of window area. c) In addition to the total aggregate sign area and window sign coverage requirement, an identification sign not exceeding 2 square feet and containing only the name of the business, address and hours of operation is allowed. (25) Window decorations/painting with a holiday theme are allowed as follows: a) Holiday decorations may be displayed on a temporary basis for civic, patriotic or religious holidays. b) The combination of window decoration/painting coverage and signage must not exceed 50% of window area. c) Window decoration shall not contain any form of advertising, including but not limited to, name of business, logo, sale language or any other form of advertising as outlined in section 6.02. 9196.001\Sign Ordinance.v3.doc 5-05-03 23 d) Sign permit is not required. (26) There shall be no signage on any lot or parcel within the L-1, L-2 or L-3 Zoning Districts, except for one freestanding identification sign, regardless of the number of primary or accessory uses on the lot or parcel. a) Freestanding sign shall have a maximum area of 24 square feet. b) Freestanding sign shall have a maximum height of 5 feet. c) Freestanding sign, if over 3.5 feet in height, shall not be permitted within the front or street side -yard setback. d) Freestanding sign shall not be internally illuminated. e) A landscaped area shall be provided at the base of the freestanding sign, having a minimum landscaped area of 4 square feet for each square foot of sign area. (27) Comprehensive Sign Plans shall meet all sign criteria of the Town. The following elements are required for approval: a) Name, address, and phone number of property owner or designee. b) Written text clearly outlining the sign plan to include all suites, offices or other leased/leasable space c) Name and address of property for which the Comprehensive Sign Plan is designated. d) Design criteria allowed for signage (i.e. colors, installation method, materials, type of signage, etc.). If it is the intention of the property owner to allow Nationally Recognized Registered Logos this must be specified in the plan. e) Site Plan showing all lot dimensions, suites, offices or other leased/leasable space and proposed/existing signage placement (drawn to scale). f) Elevations showing proposed sign envelopes. g) Lineal footage of building(s) as outlined in Section 6.08.1. h) Allocation chart showing allowable square footage for each suite, office or space number. i) Comprehensive Sign Plan amendments must be made in writing and submitted, reviewed and approved by the Community Development Director. j) Comprehensive Sign Plan approval/denial may be appealed to the Town Council. SECTION 2. This amendment replaces all previous amendments or adoptions to Chapter 6 of the Zoning Ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. 9196.001\Sign Ordinance.v3.doc 5-05-03 24 IN PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 1, 2003. FOR THE TOWN OF FOUNTAIN HILLS: (y - Jon "eydler, VIEWED `-� G Tim G. Pickering, Town Manager 9196.001\Sign Ordinance.v3.doc 5-05-03 25 ATTESTED TO: Bevelyn J. Ben'Her, Town Clerk APPROVED AS TO FORM: C Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting Date: 5/l/03 Contact Person: Tim Pickering Requesting Action:® TvDe of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Presentation Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only;❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of RESOLUTION 2003-20 amending Resolution 2003-02 endorsing the formation of a new fire district to extend the expiration date to April 16, 2004. L Staff Recommendation: Fiscal Impact: No Purpose of Item and Background Information: Members of the Committee to Save Our Community has requested that the Council extend the deadline previously set in Resolution 2003-02 regarding the collection of signatures for the petitions to form a new district. List All Attachments as Follows: Memorandum from Town Attorney, Resolution 2003-20. Type(s) of Presentation: oral Signatures of Submitting Staff: Department Head Budget Review (if item not budgeted or exceeds budget amount) Town Ma ger / Designee JORDEN BISCHOFF MCGUIRE & ROSE P.L.C. LAW OFFICES MEMORANDUM TO: Mayor, Council and Town Manager FROM: Andrew J. McGuire, Town Attorney DATE: May 1, 2003 SUBJECT: New Fire District 7272 E. INDIAN SCHOOL ROAD, SurrE 205 SCOTTSDALE, ARIZONA 85251 TLEpHoNE: 480-505-3900 FACSIMILE: 480-505-3901 ANDREW J. MCGuIRE DIRECT Lit-m: 480-505-3905 e-mail: amcguire@jordenbischoff.com • The Committee to Save Our Community (the "Committee") has requested that the Council extend the deadline previously set in Resolution No. 2003-02 regarding the collection of signatures for the petitions to form a new district. The deadline set in the prior Resolution was December 31, 2003, and the Committee has requested that it be extended to April 16, 2004; Resolution 2003-20 is intended to accomplish such change. 9196.001\CSOC council.mmo.doc 4-24-03 �11 RESOLUTION NO. 2003-20 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING RESOLUTION �d0. 2003-02 TO EXTEND THE EXPIRATION DATE THEREIN. WHEREAS, on January 16, 2002, the Mayor and Council of fhe Town of Fountain Hills (the "Council") adopted Resolution 2003-02 endorsing the forr*fion of a new fire district and setting the endorsement expiration date on December 31, 2003,-'and WHEREAS, the Committee to Save Our Community has requested that the December 31, 2003 endorsement expiration date be extended to April 16, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL. OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section 1 of Resolution 2003-02 is hereby amended to change the endorsement expiration date from December 31, 2003 to April 16, 2004. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, May 1, 2003. FOR THE TOWN OF FOUNTAIN HILLS: Jon M. Beydler, Mayor REVIEWED BY: Tim G. Pickering, Town Manager 9196.001\Amend Fire Dist.Deadline.res.doc 4-24-03 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney RESOLUTION NO.2003-20 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING RESOLUTION NO. 2003-02 TO EXTEND THE EXPIRATION DATE THEREIN. b WHEREAS, on January 16, 2 2 thayor and Council of the Town of Fountain Hills (the "Council") adopted Resolution 2 -02 endorsing the formation of a new fire district and setting the endorsement expiration date on December 31, 2003; and WHEREAS, the Committee to Save Our Community (the "Committee") has requested that the December 31, 2003 endorsement expiration date be extended to one year from the date that the Maricopa County Board of Supervisors (the "County Board") authorizes the Committee to circulate petitions for formation of a new fire district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section 1 of Resolution 2003-02 is hereby amended to change the endorsement expiration date from December 31, 2003 to one year from the date that the County Board authorizes the Committee to circulate petitions for formation of a new fire district. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, May 1, 2003. ATTESTED TO: za Bevelyn J. B der own Clerk APP OVED AS TO FORM: I A ( kin= Andrew J. cGuire, Town Attorney 9196.001Vlmend Fire Dist.Deadline.res.doc 4-24-03 RESOLUTION NO.2003-20 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING RESOLUTION NO. 2003-02 TO EXTEND THE EXPIRATION DATE THEREIN. WHEREAS, on January 16, 2003, the Mayor and Council of the Town of Fountain Hills (the "Council") adopted Resolution 2003-02 endorsing the formation of a new fire district and setting the endorsement expiration date on December 31, 2003; and WHEREAS, the Committee to Save Our Community (the "Committee") has requested that the December 31, 2003 endorsement expiration date be extended to one year from the date that the Maricopa County Board of Supervisors (the "County Board") authorizes the Committee to circulate petitions for formation of a new fire district. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section 1 of Resolution 2003-02 is hereby amended to change the endorsement expiration date from December 31, 2003 to one year from the date that the County Board authorizes the Committee to circulate petitions for formation of a new fire district. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, May 1, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Tim G. icke kng, Town Manager 9196.001\Amend Fire Dist.Deadline.res.v2.doc 4-24-03 J&41"�&Ij,tl Bevelyn J. Be e , Town Clerk APPROVED AS TO FORM: PA— J " C An w J. AcGuire,Town Attorney VSgUTF?Vrroh A0O` a2 z N AMRRP President Ralph Velez and AMWCP President Lenore Lancaster Invite you to join Pool Trustees, Advisors and Administrator of the Arizona Municipal Risk Retention Pool Arizona Municipal Workers' Compensation Pool �%w or GroupDiscussion and a " & A" Session regarding Q g g the proposed merger of the AMRRP & AMWCP Please RSVP by April 30, 2003 Susan Weiss, Southwest Risk Services (602) 368-6613 / (888) 309-4339