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Home My WebLink About2003.0807TCRM.PacketI 0 �'TAIN 3 40 "tea that is An" NOTICE OF REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Councilman Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Vice Mayor Susan Ralphe WHEN: THURSDAY, AUGUST 7, 2003 TIME: 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL COUNCIL CHAMBERS 16836 EAST PALISADES BOULEVARD, BUILDING B 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 day of the Council meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. • CALL TO tbNichols • FLEDGE ;T3 kLAG =-Mayor Nichols ... ... .. • INYDCATIO Astor David Iversori.Tbuntain Hills Chnst an Cl urcl � ROLLnAL1,`Maoz ,Nichols E:\Clerk\AGENDAS\REGULAR\2003\Regular Session 8-7-03.doc Page 1 of 3 Last printed 8/5/2003 4:41 PM M 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 itsrmal sequence on the agenda *1.) CONSIDERATION of approving the meeting minutes of 6/18, 6/24, and 7/1/03. *2.) Consideration of the LIQUOR LICENSE APPLICATION submitted by Fry's Food & Drug located at 14845 E. Shea Blvd. The application is for a new Class 9 (retail sales) license. *3.) CONSIDERATION of supporting a proposal sponsored by the Town of Fountain Hills to be included in the League of Arizona Cities and Towns 2004 legislative program. *4.) Consideration of ORDINANCE 03-17 amending the Town Code relating to Council Procedure. *5.) CONSIDERATION of approving the Town Council Rules of Procedure and setting an effective date. *6.) CONSIDERATION of RESOLUTION 2003-41 recognizing the Fountain Hills Tourism Council as the Town's official tourism entity and declaring the Town's vision of becoming a first class tourist destination. *7.) Consideration of ACCEPTING a donated art piece for public display at Fountain Park from the Public Art Committee of the Arts Council. 8.) Consideration of RESOLUTION 2003-43 accepting a DEVELOPMENT AGREEMENT with Palatial Developments, LLC, for "Palatial Estates", a proposed 30-acre, 19-lot single-family residential subdivision located on the north side of Shea Boulevard, west of Fountain Hills Boulevard. 9.) Consideration of RESOLUTION 2003-31 declaring as public records documents relating to the Building Code, Mechanical Code, Electrical Code, Swimming Pool, Spa and Hot Tub Code, Code for the Abatement of Dangerous Buildings, Energy Conservation Code, Fire Code, Fountain Hills Amendments to the Fire Code, Residential Code, Administrative Code and Fuel Gas Code. 10.) Consideration of ORDINANCE 03-12 adopting by reference documents relating to the Building Code, Mechanical Code, Electrical Code, Swimming Pool, Spa and Hot Tub Code, Code for the Abatement of Dangerous Buildings, Energy Conservation Code, Fire Code, Fountain Hills Amendments to the Fire Code, Residential Code, Administrative Code and Fuel Gas Code, amending the Town Code codifying same and setting an effective date. 11.) Consideration of RESOLUTION 2003-42 approving the formation of the Town of Fountain Hills Ad Hoc Committee on State Land. 12.) PRESENTATION by Town Manager Pickering regarding Town buildings' lease including possible options, and possible direction to staff. 13.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. E:\Clerk\AGENDAS\REGULAR\2003\Regular Session 8-7-03.doc Page 2 of 3 Last printed 8/5/2003 4:41 PM PUBLIC. 01, 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. 15.) SUMMARY of Council requests reviewed by the Town FkATED of _ 11 / Bevelyn J. 410►/ - �- 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 Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. E:\Clerk\AGENDAS\REGULAR\2003\Regular Session 8-7-03.doc Page 3 of 3 Last printed 8/5/2003 4:41 PM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:[] Meeting Date: 8/7/03 Contact Person: Bender 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: Draft meeting minutes 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 APPROVING THE MEETING MINUTES of June 18", June 24"', July 1, 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 June 181b and 241h , and July 1, 2003. Type(s) of Presentation: none Signatures of Submitting Staff: Department H �7 Town nager / Designee %W Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form �w Meeting Type: Regular Meeting Submitting Department: Public Works Consent::® Regular.❑ Meeting;Date: 8/7/03 Contact Person.Tom Ward Requesting Action:® TVne of Document Needin�"Aunroval (Check all that apnl ❑ 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€ Aisiironriatereas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ReporkOnly❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Woi'ct nth: Consideration of the liquor license application submitted by Fry's Food & Drug located at 14845 E. Shea Blvd. The application is for a Class 9 license. Approve No Purpose of Item and Background lnformation: Smith's Food & Drug Centers (dba Fry's Food & Drug #70) is requesting Council approval of a person and location transfer of a Class 9 liquor license for Fry's Food & Drug located at 14845 E. Shea Blvd. A Class 9 license allows retail sales for beer, wine and spirituous liquors only in the original unbroken package to be taken away from the premises of the retailer and consumed off the premises. 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. Ward memo, Martinez memo, application front page Consent Agenda Signatures of Submitting Staff: D artment Hea o-0 To anager Budget Review (if item not budgeted or exceeds budget amount) N TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 1, 2003 FR: Tom Ward Director of Public Work6 RE: Fry's Food & Drug Liquor License Application 1 / Smith's Food & Drug Centers dba Fry's Food & Drug #70 is requesting Council approval of a person and location transfer of a Class 9 liquor license for Fry's Food & Drug located at 14845 E. Shea Blvd. A Class 9 license allows retail sales for beer, wine and spirituous liquors only in the original unbroken package to be taken away from the premises of the retailer and consumed off the prenu ses. Public Works and the Town Marshal have reviewed the application. It meets the statutory requirements for a Class 9 liquor license. The applicants (Stephen M. McKinney, Michael J. Donnelly and Paul W. Heldman) are Arizona residents and have no outstanding wants or warrants. Fry's holds a valid business license (#4836). Based on statutory compliance and a favorable recommendation from the Town Marshal, staff recommends approval. M Fry's Food & Drug Liquor License Application.doc Page I of I ® TOWN OF FOUNTAIN HILLS MARSHALS DEPARTMENT INTER OFFICE MEMO TO: Bev Bender, Town Clerk DT: 06/27/03 FR: Ken Martinez, Interim Town Marshal RE: Liquor License — Fry's Food & Drug The purpose of this memorandum is to provide an endorsement of the attached liquor license application for the Fry's Food & Drug, located at 14845 E. Shea Blvd. BACKGROUND INVESTIGATION: This application is for a Class 9 liquor license under the specifications of Arizona Statutes and Regulations. A Class 9 license allows retail sales for beer, wine and spirituous liquors, only in the original unbroken package, to be taken away from the premises of the retailer and consumed off the premises. The current Liquor License 09070658 under the business. name Smirnco Inc., agent John Smirniotis has been transferred to Smith's Food & Drug Centers Inc. The application is pending approval by the Arizona Department of Liquor Licenses & Control. The applicant, Stephen M. McKinney is an Arizona resident under the provisions of ARS Title 28. In addition, a check was done on Stephen M. McKinney, Michael J. Donnelly and Paul W. Heldman. I have verified that there are no outstanding wants or warrants on any of the individuals listed.. A search of the Town of Fountain Hills Business License database does show a valid business license #4836 for this location. RECOMMENDATION Based on compliance with ARS Title 4 relating to the Class 9 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, I recommend approval. Kmardnez;KLM;E:\My DocumentALIQUOR LicensesUcluor Approval Memo-Fry's.doc;Created on 6/27/2003 3:36 PM 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 8D L L D (520) 628-6595 APPLICATION FOR LIRJJOR..�Lf C4EM03: 3 3 f, TYPE OR PRINT WITH BLACK INK Notice: Effective Nov. 1, 1997, All Owners, Agents, Partners, Stockholders Officers or Managers actively involved in the day to dam 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./D3 SECTION 1 This application is for a: SECTION 2 Type of ownership: Lky,jt'1 7�j �l0 3 ❑ INTERIM PERMIT Complete Section 5 ❑ J.T.W.R.O.S. Complete Section 6 TC. ?/7/03 L,- NEW LICENSE Complete Sections 2, 3, 4, 13, 14, 15, 16, 17 ❑ INDIVIDUAL Complete Section 6 PERSON TRANSFER (Bars & Liquor Stores ONLY) ❑ PARTNERSHIP Complete Section 6 Complete Sections 2, 3, 4, 11, 13, 15, 16, 17 CORPORATION Complete Section 7 25 LOCATION TRANSFER (Bars and Liquor Stores ONLY) ❑ LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2, 3, 4, 12, 13, 15, 16, 17 ❑ CLUB Complete Section 8 ❑ PROBATE/WILL ASSIGNMENT/DIVORCE DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2; 3, 4, 9, 13, 15, 17 (fee not required) ❑ TRUST Complete Section 6 ❑ GOVERNMENT Complete Sections 2, 3, 4, 10, 13, 15, 16, 17 ❑ OTHER Explain SECTION 3 Type of license and fees: LICENSE #: 09 Q go 4, 1. Type of License: 1;eg i e $ 9 gt �t , ' TM Q t 2. Total fees attached: $ Z aO 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 Names. me 4tltj eY S7EAed W G�4e(- (Insert one name ONLY to appear on license) Last First Middle 2. Corp. /Partnership/L. L. C.: Srn S f�OA 4 iz)0)(, CeJfeA S , 1�C. (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: rR-i S � J�(2,L)6 :4 70 (Exa fly as it appears on the exterior of premises) 4. Business Address: i e ,g i3Lc1� , �jUi4 / �v f/r �t S WPC %1S (Do tat use PO Box Number) City COUNTY Zip 5. Business Phone: (623 9 6- % - I C1 O Residence Phone: (LZ3) 5'90- 00(0 g 6. Is the business located within the incorporated limits of the above city or town? VYES ❑NO 7. Mailing Address: b)6 8. Enter the amount paid for a 06, 07, or 09 license: $ City State Zip (/ d(J!7 e ° (Price of License ONLY) DEPARTMEN T USE ONLY Accepted by: Date: -R Lic. # (� ! Zo-&s Fees: ©�� 0 Application Interim Permit Agent Change Club F. Prints TOTAL ---v 0 -e+nra n nU2LLyLA1bl1i 7V uA13, AINU l:M-UMJIANCES 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 0100 Itn000 *Disabled individuals requiring special accommodation, please call (602) 542-9027. Interim Permit: 1. If you intend to oper business while your application is pendi�(yotill need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid lice of the same type you are applying for currently issued to the location. 3. Enter the license number currently a e location. NI ation. NO J I I P 3: 3 3 4. Is the license currently in use? ❑ YES ❑ If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT OCATION TO THIS APPLICATION. I, de e that I am the CURRENT LICENSEE of the stated license and (Print full name) location . I have read this application and the contents and all statements are true, ect and complete. State of County of X The foregoing inst ent was acknowledged before me this (Signature) day of Day of Month M on& Year My commission expires on: EACH PERSON 1. Individual: Last (Signature of NOTARY PUBLIC) Individual or Partnership Owners: i h- MUST SUBMTT A CONIPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. First Middle % Owned Partnership Name: (Only the first partner listed will appeal, �nlicense) C e.ne.ral_T imirrri T — c:__. Residence Address State C,Ity State Zip ❑ ❑ ❑ ❑ ❑ ❑ %O —w 1v1'r 0nzzI lr nZl-r JJAK 1) 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO i SECTION 7 Corporation/Limited Liability Co.: EA-H PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 0 CORPORATION Complete questions 1, 2, 3, 5, 6, 7, E L- L_ C ❑ L.L.C. Complete questions 1, 2, 4, 5, 6, 7 and attach copy of Articles of Org. and Operation Agreement. 1. Name of Colporation/L.L.C.: S (y)"nk' S &A ifl 1 E _' _ C (Exactly as it appears on Articles of Inc. or Articles of Org.) 2. Date Incorporated/Organized: d 1— 85 State where incorporated/Organized: lb e Ca t 3. AZ Corporation Commission File No.: F60y Z jj 54-3 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 $aNO If yes, give IRS tax exempt number: 6. List all directors/officers in Corporation/L.L.C.: Last F,rct AA;.4.41e T; ---- P2�S. - l_IIV JIALC LIp S28 �' I1OU1UT4(-, gt&6J tax kt soy Wkirl nl S 1 P}�e�J C%GeL v �. 1 �p E rA ,.Iq Z S02q oj."AJ iTc"'t_ Sec%l . 1!3 S EDu jS /Q. -i (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders or controlling members owning 10 % or more: <in�►'S toad �s) �tJi'gz t L —M LI 3 E Z24d &/,c p6a tw® o1Z is C". l.J1 OLL -dw'-�rd S,'b 1Ae'Q 97� � �a. 6F L ed M{ er INC - O 0"/rd % dii�d�er CZ) . 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 SLBMTT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AN FEE FOR EACH CARD. 1. Name of Club: Date (Exactly as it appears on Club Charter) (Attach a copy of Club Charter) 2. Is club non-profit? ❑ YES ❑ NO If yes, give IRS tax exempt number: 3. List officer and directors: Last First Middle Residence Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) Jra: fV 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Lic e's Name: (Exactly as it appears on lic Last First 2. Assignee's Name: (� L G First Middle 3. License Type: Lice umber: ate of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERC�j' 10f '�E PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DI UTES OR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or nties only) i. Person to administer this license: 2. Assignee's Name: Last Middle SECTION 11 Person to Person Transfer: 0e(f A-,�*C- ea Questions to be completed b CURRENT LICENSEE 1,*� J e P Y (Bars and Liquor Stores ONLY). 1. Current Licensee's Name: Entity: (Exactly as it appears on license) Last First Middle (Indiv., Agent, etc.) 2. Corporation/L.L.C. Name: tnxacuy as it appears on license) 3. Current Business Name: irxacuy as it appears on license) 4. Current Business Address: 5. License Type: License Number: Last Renewal Date: 6. Current Mailing Address (other than business): 9 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. (Print full name) declare that I am the CURRENT LICENSEE of the stated license. I have read this _ application and the contents and all statements are true, correct and complete. State of County of X The foregoing instrument was acknowledged before me [tu (Signature of CURRENT LICENSEE) day of Day of Month Month Year My commission expires on: CAI (Signature of NOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL CURRENT PRINTS ON FILE 800 NV. Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 00 Tucson AZ 85701-1352 J (602) 542-5141 QUESTIONNAIRE (520) 628-6595 ition all Local Governing Bodies: Social Security and Birthdate I9formation is Confidential. This information may be gi to local law enforcement agencies for the purpose of background'che�ks only but must be blocked to be unreadable prior to po ing or any public view. Read Cargfully , this instru ent is 3w ' p dpCutpent. T�pe gr print with black ink An extensive mye$ti�tion of ypur ba rot#n��f be conducted. Fals br i corpplete answers, could result in criminal prosecution an t e em 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. G There is a $24.00 processing fee for each fingerprint card submitted Liquor License # n 907 D& 5 _ A service fee of $25.00,will be charged for all dishonored checks (A.R.S. 44.6852) (If the location is currently licensed) Check appropriate box ❑Owner ❑Partner ❑Stockholder ❑Member ❑Officer D? Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) Complete All. Questions except # 14, 14a & 25) Licensee or A ent must com lete # 25 for a Mana er Licensee or Agent must complete # 25 2. Name: MCKi.nne Last Stephen Michael First Middle 3 . Social Security Number_ Drivers License #: (This Will Not Become a Part of Public Records) SASS# Date of Birth: (This Will Not Become a Part of Public Records) State: AZ 4 . Place of Birth: Niagra Fal Is NY USA Height: 6-2 Weight: 220 Eyes: BRN Hair: BRN City State Country (not county) 5. Marital Status ❑ Single :9 Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (623 ) 580-0068 6 line of Current or Most Recent Spouse: MCKlnney Julia Mae S PWCzyk Date of Birth: 1-31-51 (L.,..-H for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 7. You are a bona fide resident of what state? Arizona If Arizona, date of residency: NOV. 1988 8 Telephone number to contact you during business hours for any questions regarding this document. (623 ) 970-19D6 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?,y S tr"'C-P! n Y- 7 t (/G -A- 70 Premises Phone: 11. Licensed Premises Address: j — f 54 G,-4 Ql d n. FVUMrt //i/ I't M s Mq I� f f Uo Ri.2 Pik Street Address (Do not use PO Box #) City County Zip 12. List vour ernolovment or tvne of husiness dnrinv the nnct five (5) venrc if nnemnlnverl nnrt of the time hit thncn Ant— r ...,. -o i,k FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 10/98 CANT V.P. of Operations 500 S. 99th Ave. Tolleson, AZ 85353 09/93 09/98 Deli Director Same as above ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION `l 13. Indicate vour residence address for the last five (5) vears- 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 Zip 'i97 CURRENT O 1618 E. Manona TAR• Phx AZ 85024 91 12/96 O 1233 E. Maggio Way Chandler AZ 85223 --._--_ ..,.,.....— u.w..— .cy.. —j; at--.. jj— �a l kwL/ 1 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 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) If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an ex: 15. Have you EVER been detained, cited, arrested, indicted or summoned into court fR Lv'tolPtion 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. 1�33 .;UJ' P 3: 3 u 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? YES ❑ NO 12 license. ❑ YES ® NO ❑ YES W NO ❑ YES 9 NO 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER lR YES ❑ NO had a business, professional or liquor APPLICATION OR LICENSE rejected denied revoked suspended or -flned in this or any other state? ( See attached list of fines) 19. Has anyone in a civil action, the subject of which ❑ YES Df NO 20. Are you NOW or have you EVER held ownership, been a controlling person , been an or manager on any other liquor license in this or any other state? Current; Aqen ® YES ❑ NO If any answer to Questions 15 through 20 is "YES" YOU MUST attach a signed statement giving complete details. r 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) ❑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 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, Stephen Michael McKinney , 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. (Signature of Appli ntT 1 OFFICIAL SEAL NORMAN E. BARNETT Notary Public - State of Arizona My commission expires on: MARICOPA COUNTY ay o AFtyttiraftim. Ex0esrMar. 20,20( State of Arizona County of Maricopa The foregoing instrument was acknowledged before me this Day day of Mouth FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPI 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. State of X (Signature of LICENSEE/AGENT) My commission expires on: Day of Month Month Year �y3 Year 11OT4R. Y/"NC) A MANAGER APPLICATION First County of The foregoing instrument was acknowledged before me this day of Day of Month Month Year (Signature of NOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVER BY THE STATE. 1. went Business Name and Address: SL) ,j FbOb S ! G A b -, t (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: 09 License Number: 09 070 (,58 Last Renewal Date: 12.'6Z 4. What date do you plan to move? uPo"i ft:Wr6Jc_C W , L-C 7- Jk7ff V a ' i f}U64;1Y aP— What date do you plan to open? 6-7o &3 S u Por l 4-,oy. SECTION 13 Questions for all in -state applicants: o F 6gc)7otd5-8 Distance to nearest school: ft. Name/Address of school: (Regardless of distance) _ � _ t,000 t . PGA. sJ,- S FT, N; Distance to nearest church:'20D(o ft. Name/Address of church: It-"-ji Lyi"�%erf� (Regardless of distance) � g � 13776 ►6t.lS gwo, r� n the: ❑ LESSEE ❑ SUBLESSEE OWNER ❑ PURCHASER (of premises) r� ' ' �� S� Z gS26Q 4. If the premises is leased give lessors name and address: ►alp,. 4a. Monthly rental/lease rate $ i�J1a . What is the remaining length of the lease? yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ ^� /A or other (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease? $ N/A Does any one creditor represent more than 10% of that sum? ❑ YES W NO If yes, list below. Total must equal 100%. Last Middle Owen (ATTACH ADDITIONAL SHEET IF NECESSARY) What type of business will this license be used for? (BE SPECIFIC) G 2yCS� S-fOi,, E Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? 7 YES 9 NO If yes, attach explanation. 8. roes any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? ❑YES ONO Is the premises currently licensed with a liquor license? M YES ❑ NO If yes, give license number and licensee's name: License {/ o y6 %063.5 (Exactly as it appears on license) Name 6FYs �O v 70 /r6e. I 5 SECTION 14 Restaurant, or Hotel -Motel Applicants: G L LU 1. Is there a valid restaurant or hotel -motel license at the proposed location? ❑ YES ❑ NO If e e icensee's name: e #: Last First Middle 2. If the answer to Question 1 is YES, you may qualify f terim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Sec ' of this application. 3. All restaurant applicants m plete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. 4. Do you un 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 boxes that apply to your licensed premises: E9 Entrances/Exits 0 Liquor storage areas ❑ Drive-in windows ❑ Patio enclosures ❑ 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. S(f e— KTW�,ei "t;tNj0.A-rV\ YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. I SECTION 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. 1 cA61C- M7. C LA 2.—( f - wE, A-9f J 1 N Qti-,- R1 10 11 12 13 14 15 (ATTACH ADDITIONAL SHEET IF NECESSARY) SECTION 17 Signature Block: 1, 51_0�ef� Wt &r''e(- h&CV.11 IJ!�( , declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making this (Print name of APPLICANT/AGENT listed in Section 4 stion 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 Prr'L' zo'K' County of MA42, t C,-) PCl X (Signature) OFFICIAL SEAL NORMAN E. BARNETT My commission expires on: Notary Public - State of Arizona RIGGR�OUNTY — My Comm. Fxpires Mar. 20, 2005 The foregoing instrument was acknowledged before me this iO —,day of �40 rJ -C_ A_ op3 Day of Month A Month Year I r v�f re of NOT L� SAMPLE GEOG FCICAL DATA � 7 p ] In the area adjacent to the map provided indicates your proposed locan 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 O1 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 ' Mi. 09 St. Anthonys Church 10 St. Anthonys School 11 Burbank Middle School ' 12 First United Baptist Church -,.Mi. 13 14 15 A.R.S. Section 4-207.A reads as follows: 1-� Mi. N 1 J 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 twelve(12). or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. 9 19 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007 r, i 3 Tucson AZ 85701 (602) 542-5141 ( 520 ) 62 8-6595 OBTAIN ORIGINALS OF THIS FORM FROM DLLC-00 NOT PHOTOCOPY, DOCUMENT is COMPUTER SCANNED. TYPE OR PRINT WTH BLACK INK 'z7 ?,\A lz,-) �� N LY Individual Name (Print) nature TYPE OF TRAINING COMPLETED -late Trauung Completed El MAN*&EM&IT ® BOTH IF TRAINEE IS EMPLOYED BY A LICENSEE: ® OFF SALE S �4�1C•�YY> (r)-A< NAME OF THE LICENSEE BUSINESS NAME LIQUOR LICENSE NUMBER .y 'Sh Arizona Alcohol Education Consultants Company or Indviduai Name 736 S. Longmore St. Address Chandler AZ 85224 602440-9623 C, state zip Phone I Certify the above named individual has successfully completed the specified program(s). Lauren K. Merrett M.Ed. 11 Trainer Name (Print) Trainer rm to trainee, photocopy and maintain completed document for "andatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A.RS. Section 4-112(G)(2). tetion of the Liquor License Training Courses is required at the issuance of a license. arson(s) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), will include all of the following oynxx1s), licensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance within the Last rive years for the required courses must be submitted io 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. — n,!Qn Disabled individuals reauirino special aCCOMMOdabOnS p►ea-se Call (602) 542-9051 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoeaix AZ 85007-2934 0 (602) 542-5141 QUESTIONNAIRE OCIAL SECURITY AND BIRTHDATE INFORMAT11 PI IS CONFICiE BE DISSEMINATED TO THE PUBLIC Read Carefully , this instrument Ll%� w. 5?� do�tt L. ype 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. P2 ts Z) M �� 400 W Congress #150 Tucson AZ 85701-1352 J (520) 628-6595 n\� NTIAL BY LAW AND CAtAOT 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 fineerprint card submitted. Liquor License # A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) Check appropriate box--� 090766—. -8 ( If the location is currently licensed) ❑Owner ❑Partner ❑Stockholder ❑Member ROfEicer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) )Licensee or A ent must complete # 25 for a Manager Licensee or A ent must complete # 25 2. Name: Heldman Palk Warren Date of Birth. Last First Middle (This Will Not ecome a Part of Public Records) 3 . Social Security Number: . Drivers License #: RS46656.0 State: Ohio (This Will Not Become a Part of Public Records) 4 . Place of Birth: Cincinnati_ Ohio US'A Height: 68" Weight: 190 Eyes: BR Hair: BR City State Country (not county) ' 5. Marital Status ❑ Single 54 Married ❑ Divorced ❑ Widowed Residence (Home) Phone: ( 513 ) 321 - 1278 Name of Current or Most Recent Spouse: —Kirshner D-aph Mwrl - tit/A Date of Birth: 1 2/2f /5n (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? Ohio If Arizona, date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. (513) 762 - 4421 _ 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: fi`�(lS �d P Zn� G * 7o Premises Phone: (� �) �3 - % 3)0 11. Licensed Premises Address: cjY E- 5�eq ta. b3&- kyilk5 rAjia,Cjq4 52(0b? Street Address (Do not use PO Box #) City County Zip 12. List your emnlovment nr tvne of hucinecs rinrinv the nast five (5) vPnrc if nnPmnlnvPrt —t of the t;mP Gct thrice ASP— r 1 FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) 6/1989 CURRENT enio Vice President-. y, General -Counsel In}� er O. TU'14�irRe S�reet Cincinnati Ohio 45202 3/1982 6/1989 Attorney TUh'14�2-r�erS�reet, Cincinnati, Ohio 45202 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION Q 13. Indicate vour residence address fnr the last five (5) vears- FROM MondVYear TO Month/Yea, RESIDENCE Street Address City State Zi 6/1989 CURRENT 1135 Edwards Road Cincinnati OH 45208 1 1/2U00 Diqnh1Pd to ivn ua a renuinnv crwrin .nrrnmmn ahnnc n s.acn — 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 you be physically present and operating YES NO the licensed premises ? If you answered YES, how many hr ,tcl y� answer #14a below. If NO, skip to f115. 14a. Have you attended a Department approved Liquor Law Trai nng-Course within the last 5 years? (Must provide proof) ❑ YES If the answer to 1l 14a is "NO", course must be cp pleted before issuance of a new:iicense or approval on an existing licens juo i 7 , io. Have you r, v P-x been detained, cited, arrested, indicted or summoned ui® cqgt for violation of•ANY law or ❑ YES 1;tNO ordinance (regardless of the disposition even if dismissed or expunged)? For7rWic 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 drue related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or RYES ❑ NO summonses PENDING against you or ANY entity in which you are now involved? See Attachment 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER YYES ❑ NO had a business, professional or liquor APPLICATION OR LICENSE rejected denied revoked suspended or red in this or any other state? See Attachment 19. Has anyone EVER led suit or obtained a iudement against you in a civil action, the subject of which ❑ YES 'KNO Presentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been irector, or manager on any other liquor license in this or any other state? See AttacYES ❑ 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 /121-23 and 24, all others skip the following box (21-23) and go to 1124 ivianager bection 21. Have 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 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, Paul Warren Heldman hereby declare that I am the APPLICANT filing this questionnaire. (Print full name of Applicant) I have read this questio ire and the ntents and all statements are true, correct and complete. State of Ohio County of Hamilton X The foregoing instrument was acknowledged before me this (s tgnaturN AAP�&PW H I T E �g Notary Public - State of Ohio My commission expires on: ray Commission Expires Sept. 5, 2005 Day of Month Month Year day of .A4>03 Day of Mooch Mooch Year I � Tgnature of/fNOTARY PUBLIC) 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. State of X (Signature of LICENSEE/AGENT) My commission expires on: Dav of Month Month Year First County of The foregoing instrument was acknowledged before me this day of Day of Mooch Moom fSi—,h. ,F NMTA PV VT MI Tr-\ Year ©LLC Questi ffl) ,Jg,; I l P 3: 3 U Because of the sheer number of supermarkets and convenience stores, there are minor administrative matters pending, but I am unaware of any criminal matter pending or a matter which, if not corrected, would result in the revocation of any type of license or permit issued to The Kroger Co. or one of its subsidiaries. Question # 18 Licenses have been denied or rejected as to a particular location based upon statutory grounds and existing licenses have had fines levied against them and some have been suspended for short periods of time; however, I am unaware of any permit or license to sell alcoholic beverages having ever been revoked by any licensing authority. Question #20 The Kroger Co., an Ohio corporation, including its subsidiaries (to include Smith's Food & Drug Centers Inc.) currently operates 2488 supermarkets under 2 dozen different retail banners in 32 states and 784 convenience stores under six names in 15 states. The great majority of these facilities have alcoholic beverage permits of one sort or another. Since June 16, 1989, I have been an elected officer of The Kroger Co., and at various times, an officer of most of its subsidiary corporations. See the attached exhibit for Arizona Paul W. Heldman iz L- 0 cr �j Olm- O O- O O Q a a a O . A ! 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Z.wc)r� �� r n� ILI f CT �I GT 101 00 m a)O I O O CD O CD O IO r CD N CD o 0 0 0 0 0 0 0 0 r N N CN lt7 Wi oo c) T LO O il- r O co Q O ry N CD N l�t� CD O O O O O O O W- SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: L Current licensee's Name: xactly as it appears on license) 2. Assignee's Name: _ L 3. license Type: Last D L L C First as t First •� Middle . license Number: nn uil I 1 P 3: 3 Bate of Last Renewal: _ Middle 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 1 O Government: (for cities, towns, or counties only) 1. Person to administer this license: 2. Assignee's Name: Last First Middle Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). L 1. Current licensee's Name: ��%%�/1//U%% �� /J CS , Entity: (Exactly as it appears on license) Last First Middle (Indiv., Agent, etc.) 2. Corporation/L.L.C. Name: (E actly as it a�,pea,�s�onQlicense) /� 3. Current Business Name: ;24 ; �`--� —Z—C '#1� (Exactly as it appears on license) 4. Current Business Address: �— ti/ r ti % '%k v,y 5. License Type: D V license Number O / t� / LO 6 s--y Last Renewal Date: 6. Current Mailing Address (other than b s): yy/U LJ • `& "),", G� xfz A3vly 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑ YES ❑ENO 8. Does the applicant intend to operate the business while this application is pending? ❑ YES 2<0 If yes, complete section 5, attach fee, and current license to this application. 9. 1 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. L — U�(--d I- Sn / 2/✓ ` u'7', declare that I am the CURRENT LICENSEE of the stated license. I have read this (Prim full name) application e c ents and all statements are true, correct and complete. State of�R+Z�� 1`•' n County of n'lct f r C v�ct X The foregoing instrument was acknowledged before me this (Sr ture of CU NT LI NSE I I thLS � d y o O d L rr �(> 2► �'2 CAROLS. Notary Publk _ M Year MARICOPA COUNTY O My commission expires on: / tl `� MY Conan. res Nou 24 .Crc c tgnature of NOTARY PUBLIC) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL Current Prints 800 W Washington 5th Floor �7 400 W Congress /t150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 (602) 542 5141 on file; QUESTIOI�t. j�]RE (520) 628-6595 1 I SOCIAL SECURITY AND BIRTH DATE INFORMA . 011 IS CONFIDENTIAL BYLAW AND CA NOT BE DISSEMINATED T9 Ti!JE ; LjRLIC Read Carefully , this instrument is a ft0knJd66imbnf. 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 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 # O '707 DGI�d 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 ❑Member Officer ❑ Agent appropriate ❑Other El Manager(Only) (Complete Questions 1-20 & 24) Complete All Questions except # 14, 14a & 25) box--, Licensee or Agent must complete # 25 for a Mana er Licensee or Agent must complete # 25 2. Name: Donnelly Michael Joseph Date of Birth: Last First Middle (This Will Not Become a Part of Public Records) 3 . Social Security NumbeDrivers License #: A 011912 6 8 State: AZ (This Will Not Become a Part of Public Records) 4 . Place of Birth: Walnut Creek CA USA Height: 6-0 Weight: 215 Eyes: Blu Hair: Blnd City State Country (not county) 5I " farital Status [:1Single ® Married ❑ Divorced ❑ Widowed Residence (Home) Phone: ( 4 8 0) 4 6 0 — 7 910 6.�ame of Current or Most Recent Spouse: Donnelly Susan L . Lemp inin (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? AZ 1, Date of Birth: 07-05-60 If Arizona, date of residency: Ap r i 1 2 0 0 3 Telephone number to contact you during business hours for any questions regarding this document. (6 2 3 ) 9 0 7 -19 0 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: �2`1 S 1`zs0 ►1 r�2 U6, -61 76 Premises Phone: (62.3 11. Licensed Premises Address: LLI gy �— 0 F4 E4 #3L V D. Street Address (Do not use PO Box #) 12. List vote emnlovmenr nr tvnP of hnc;n A... County Zip FROM Month/Year - - TO Month/Year -- -- - - --- DESCRIBE POSITION OR BUSINESS — ----r •"J �� Y"' awe uiwc UatcJ. LL1t most recent 1st. EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) CURRENT (See attachment) AI I AC H ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate vnnr rPQiriPnrP srtrlrPee fr 0— t..... F..., FROM -ith/Year —TO Month/Year RESIDENCE Street Address Ci State Zip . / 2003 CURRENT 528 E. Mountain Sage Dr. Phx AZ 85048 2/2002 3/2003 5787 Kugler Mill Rd. Cincinatti OH 5236 2/2001 1/2002 528 E. Mountain Sage Dr. Phx AZ 85048 4/1989 1/2001 1 3633 E. Salt Sage Dr. "i" moo,...._..., .. _-... --- ..._— Phx AZ 85048 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 ypp e physically present and operating YES NO the licensed premises . If you answered YES, how many hrs/day. U Vd'nswer #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) 0 YES ❑ r If the answer to # 14a is "NO", course must be comploTe4before,is§uapce of a new license or approval on an existing license, i 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ❑ YES ® NO 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 9 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 drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or ❑ YES 1K 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 ❑ NO had a business, professional or liquor APPLICATION OR LICENSE rejected denied revoked suspended or -flned in this or any other state? 19. Has anyone EVER }filed suit or obtained a iudgment against you in a civil action, the subject of which ❑ YES ® NO involved fi,epresentation of a business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person , been an officer d' a or, or manager on any other li uor 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 21. Have 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 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 I Michael Joseph Donnelly (Print full name of Applicant) I have read this auestiodnnirawrtst (-�tP.uc hereby declare that I am the APPLICANT filing this questionnaire. all statements are true, correct and complete. ' 6"" t'"`a'") 0 FICIALSEAL NO N E. BARNETT Notary Public - State of Arizona My commission expires on: MARICOPA COUNTY Day of Month ztp, Mar. 20, 28( State of Arizona County of Maricopa The foregoing instrument was acknowledged before me this ) �O day Vri 2 �rw3 Day of Month Month Year FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A Licensee or Agent Approval of Manager 25. I, Print Licensee/Agent's Namel7 Last Middle Hereby authorize the applicant to act as manager for the named liquor license. State of X (Signature of LICENSEE/AGENI1 My commission expires on: %LAGER APPLICATION First County of The foregoing instrument was acknowledged before me this day of Day of Month Month Year ARIZONA DEPARTMWINT OF LIQUOR LICENSES 800 W Washington 5th Floor_ Phoenix AZ 85007 T/��' 'sm,s'� & CONTROL 400 W Congress # 150 ilucsou AZ 85701 �570) 628-6595 OBTAIN ORIGINALS OF THIS FORM FROM DLLC-DO NOT PHOTOCOPY, DOCUMENT IS COMPUTER SCANNED. TYPE OR PRINT WITH BLACK INK —1� TYPE OF TRAINING COMPLETED ❑ MANA8EMENT ® OFF SALE IF TRAINEE IS EMPLOYED BY A LICENSEE: _ 1 NAME OF THE LICENSEE BUSINESS NAM UQUOR LICIENSE NUMBER Arizona Alcohol Education Consultants Company or Individual Name 736 S. Longmore St. Address Chandler AZ 85224 602440-9623 Cq State Tip Phone I Certify the above named individual has successfully completed the specified program(s). Trainer Signature com Lauren K. Merrett M.Ed. Trainer Name (Print) and maintain completed document M-ndatory Liquor Law Training for all new applications submitted after Nov. 1, 1997. A-R-S. Section 4-112(G)(2). -ition of the Liquor Ucense Training Courses is required at the issuance of a license. sons) required to attend both the Basic Liquor Law and Management Training, (either on -sale or off -sale), wig include all of the following o-m-41s), ficensee/agent or manager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Prof 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 Managers Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and . Managerent Training (either on -sale or off -sale) will be required. UC 1W OUN Disabled indrviduals requiring special please can (602) 542-9051 DL! C QuestionnaifeJL'a Question # 12: List vour EMPLOYMENT or tvae of business durin the past (5) vears. if unemDloved Dart of the time, list those dates. List most recent first. FROM TO DESCRIBE EMPLOYER'S NAME OR Month/Year Month/Year POSITION NAME OF BUSINESS OR BUSINESS (Give street address, city, state & zip) 4/2003 Current President Fry's Food & Drug Stores Inc. 500 S. 99"' Ave. Tolleson, AZ 85353 2/2002 3/2003 Sr. Vice President The Kroger Co. 1014 Vine St. Cincinnati, OH 45202 5/2000 1/2002 President Fry's Food & Drug Stores Inc. 500 S. 99"' Ave. Tolleson, AZ 85353 6/1995 4/2000 V.P. of Merchandising Fry's Food & Drug Stores Inc. 500 S. 99"' Ave. Tolleson, AZ 85353 Question # 18 (explain): (See the attached list of fines, paid by Fry's) Question # 20 (explain): I am the previous "Agent" for all liquor licenses for our retail stores in the State of Arizona. As the past & current President of Fry's Food & Drug, I am now an Officer for the Company. Signature Escro�a{ #,7171-KA 2aa3 �� P BILL OF SALE IN CONSIDERATION OF THE SUM OF: *** ONE HUNDRED THIRTEEN THOUSAND********* DOLLARS lawful currency of the United States of America, and other valuable consideration, receipt of which is hereby acknowledged, the SELLER: SMIRNCO INC. hereby grants, bargains, sells and transfer unto the BUYER: SMITH'S FOOD & DRUG CENTERS INC. as his, her or their heirs, personal representatives, or assigns, to have and to hold forever, the following described personal property, goods or chattels: State of Arizona Series #09 Liquor License #09070658 FURTHERMORE, Seller warrants that he, she or they are the lawful owner of said goods and hereby certifies, under oath that he, she, or they have the right to sell the same as aforesaid and that the above described property is free and clear of all claims, liens and other encumbrances whatsoever, EXCEPT, as specified herein. Seller further agrees to warrant and defend same against the lawful claims and demands of all persons whomsoever. Date: SMIRNCO INC. State of ARIZONA County MARICOPA Acknowledge, under oath, before me on this /- �—day of NOTARY PUBLIC My commission expires on: OFFICIAL SEAL NORMA R. K1ELB Notary Public - State of Arimna MARICOPA COUNTY MY Comm. Expires Feb. 10, 2CO6 p�LC �Hy W .l 0 0 � -o -o tD a oA c FI 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 CITY/TOWN OF Fountain Hills STATE APPLICATION NO. �sg COUNTY OF Maricopa , ARIZONA. 0TY/TOWN/QQTY NO. 111 At a Regular meeting of the Town f nnnci 1 of the Qjr/Town/QQ" (Regular or Special) (Governing Body) FountainHills held on the 7 day of (Day of Month) a (Month) 03 the (Year) Application of Stephen Michael McKinney for a license to sell spirituous liquors at the premises described in Application No. 09070658 License Class # 9 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of St-,:phc-'.aPl McKinney 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. NP(CLERK Bevelyn J� Be/ider i rr This 7 day of 08 03 (Day of month) (Month) (Year) ' Disabled individuals requiring special accommodations please call the Department lic 1007 OEV1997 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 U (520) 628-6595 - AFFIDAVIT OF POSTING Date of Posting: 6/23/03 Date of Posting Removal: 7/14/03 Applicant Name: McKi nna - Last lrst -- Middle Business Address: 14845 E.-Shea Blvd. - Fountain -Hills, AZ 85268 Street City Zip License #: 09070658 I hereby certify that pursuant to A.R.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. y Bevelyn J. Bender Town C1ert _ 480-837-2003 Print Name of City/County Official Title Telephone # �- 7 -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 Lic0119 03/1999 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:® Regular:❑ Meeting Date: 8/7/03 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: 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 supporting f�ur'proposals sponsored by the Town of Fountain Hills to be included in the League of Arizona Cities and Towns 2004 legislative program. Staff Recommendation: Approve Fiscal Impact: No $00 Purpose of Item and Background Informations The Council will consider supporting the proposed resolutions being brought before the League Resolutions Committee at the Annual League Conference. No further action from Town Councilmembers will be required. List All Attachments as Follows: Memo from Town Manager, Four proposed resolutions Type(s) of Presentation: none Signatures of Submitting Staff: Department To anager / Designee \\earth\sstein\agenda cover sheet\leagueresos.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS �.. OFFICE OF TOWN MANAGER MEMORANDUM TO: Honorable Mayor Nichols and Town Council Members DT: July 31, 2003 FR: Tim Pickering, Town Manager,, RE: League Resolution Committee Mayor Nichols has been appointed to the 2004 League Resolutions Committee of the League of Arizona Cities and Towns. The Committee is responsible for developing next year's legislative program for the League based upon its review of resolutions submitted by Arizona's cities and towns. These resolutions are formally adopted at the Annual League Conference. The adopted resolutions then become part of the League's program for one legislative session. The Town will submit four proposed resolutions to the League Committee this year for consideration. They are as follows: 1) Urging the Legislature to facilitate a statewide ballot to amend the Arizona constitution to pass legislation to allow towns to adopt a charter; 2) Urging the Legislature to join other state governments to oppose an extension of the Internet sales tax ban; 3) Urging the Legislature to amend A. R. S. title 9 to revise the appointed officer verbiage to include the town marshal, the police chief, or other chief law enforcement official as designated by the town council to perform the specified duties; and 4) Urging the Legislature to amend A.R.S. title 34 to allow cities and towns to adopt alternative hiring procedures for certain professionals (submitted in conjunction with the City of Prescott). Attached you will find copies of the resolutions submitted to the League. The League will review all cities' resolutions on August 1st and the results will be reported to the Council at Thursday's meeting. Town Councilmembers will consider supporting these proposed legislative options on August 7th. Staff recommends approval. Attachments SteinB:/susanstein/league resos.docl73103 League of Arizona "itiesANDTowns July 18, 2003 1820 W. Washington • Phoenix, AZ 85007 • Phone: (602) 258-5786 • Fax: (602) 253-3874 Email: leagueCmg.state. az.us • Web site: wwwazleague.org TO: Members of the Resolutions Committee FROM: Mayor Boyd Dunn, Chandler; Chairman SUBJECT: PROPOSED RESOLUTIONS AND MEETING REMINDER Pre -Conference Meeting Friday, August 1, 2003 = 10:00 a.m. Sunshine Room Marriott Camelback Inn 5402 E. Lincoln Drive Paradise Valley, Arizona This is to remind you that the pre -conference meeting of the League Resolutions Committee will be held at the above noted time and place. A map is enclosed for your use. For your convenience, lunch will be served immediately following the meeting. A tentative agenda for the meeting is enclosed. To date, League staff has received the attached proposals for inclusion in- the 2004 Municipal Policy Statement. The deadline for submission of resolutions for the pre -conference meeting of the Committee was July 11 th. You may wish to review these resolutions prior to the meeting; please bring them with you to the meeting on the 1st. Any resolutions submitted after the July llth deadline but before July 25th can be discussed at the Pre - Conference meeting but may not be voted on until the Annual Conference meeting of the Committee. Resolutions submitted after this mailing will be available for review at the League offices or at the meeting on August 1 st. We look forward to seeing you at the meeting. If you have any questions or change in attendance plans, please give the League office a call. Enclosure cc: Managers or Clerks LEAGUE OF ARIZONA CITIES AND TOWNS 2004 RESOLUTION FORMAT Town of Fountain Hills Urges the Legislature to pass a resolution to place on the next statewide ballot a proposal to amend Article XIII, Section 2 of the Arizona Constitution and to pass legislation amending A. R. S. Title 9 so that both authorize towns to adopt a charter, Al A. Purpose and Effect of Resolution - A.R.S. Title 9 currently mandates the adoption procedure for a city to frame a charter for its own government consistent with the laws of the State of Arizona. This resolution is being proposed to allow towns to adopt a charter government without becoming a city. B. Council Action - The Town Council is expected to take action in support of Fountain Hills's submittal of this resolution to the 2004 Resolutions Committee at its August 7, 2003 council meeting. C Relevance to Municipal Policy — This would enable towns to adopt their own charter government without changing to a city organization. D. Impact to Municipal Powers — A charter government would allow town citizens a stronger voice, via the voting booth, on issues not currently allowed via the town incorporated under common council form of government. E. State Law Change Required — Yes. F. Importance of Resolution to Your City or Town — The Town of Fountain Hills has faced many important issues recently in which the Town Council made decisions, without a public vote, which will distinctly affect the Town's future. For instance, without a charter in place, town residents recently were unable to vote either for/against a local sales tax increase imposed by the Council, and unable to vote whether the Town should maintain its existing fire service contract or form a Town fire department. G. Fiscal Impact to Cities and Towns — This resolution could impact municipal budgeting for election expenses. H. Fiscal Impact to the State — Not Applicable. Stein/E:/Mydocuments/resolutionformat sheetinternet sales tax.doc/7803 LEAGUE OF ARIZONA CITIES AND TOWNS 2004 RESOLUTION FORMAT Town of Fountain Hills Urges the State Legislature to join other state governments to oppose an extension of the Internet sales tax ban (Internet Tax Freedom Act - ITFA). A. Purpose and Effect of Resolution - President Bush signed a two- year extension of the Internet sales tax ban in December 2001, effective until December 2003. Sales tax revenues currently amount to about $150 billion annually and make up approximately one-third of all state revenues. Based on commonly accepted Internet sales projections, lost revenue in unpaid sales tax from online transactions could be as high as $10.8 billion in 2003. Statistics show that California alone estimated losses of Internet sales tax revenue of over a billion dollars per year. The resolution would cause Internet sales tax to be collected as in Europe. B. Council Action - The Town Council is expected to take action in support of Fountain Hills's submittal of this resolution to the 2004 Resolutions Committee at its August 7, 2003 council meeting. C. Relevance to Municipal Policy — Opposition to another extension of the Internet sales tax ban may open the door to legislation imposing mandatory collection; therefore, the State and its municipalities would collect more money. Because sales tax revenues are a significant source of revenue for municipalities, the municipalities would receive additional revenues for operational expenses. D. Impact to Municipal Powers — Not applicable. (The Town of Fountain Hills does not wish to pursue any legislative change that would require a change in cities' and towns' abilities to currently decide sales tax rates in exchange for taxing internet sales.) E. State Law Change Required — State Legislators are urged to work collectively with other state governments to pressure Congress to enact federal legislation for mandatory collection of Internet sales tax. F. Importance of Resolution to Your City or Town — This resolution is important to Fountain Hills, and all cities and town in Arizona. Decreased revenues during the past years have severely affected our ability to maintain municipal infrastructure and public safety services. Additional State sales tax revenue from internet sales would assist in providing necessary Town services. (The State of Colorado completed research showing taxing internet sales would increase total sales tax collected by cities and towns.) G. Fiscal Impact to Cities and Towns — See F and H. H. Fiscal Impact to the State - The fiscal impact to the State of Arizona is additional revenue to the general fund and, ultimately to the municipalities. The exact amount of additional revenue is unknown at this time. Stein/E:/Mydocuments/resolutionformat sheetinternet sales tax.doc/7803 LEAGUE OF ARIZONA CITIES AND TOWNS 2004 RESOLUTION FORMAT Town of Fountain Hills Urges the State Legislature to amend A.R.S. Title 9-237 to revise the "appointive officer" verbiage to read "town marshal, police chief, or other chief law enforcement official as designated by the Town", and A.R.S. Title 9-238 to reflect "the town marshal, police chief, or other officer as designated by ordinance of the Town" shall be the collector of all taxes. A. Purpose and Effect of Resolution - A.R.S. Title 9 currently mandates the appointive office of town marshal for towns. Not all towns employ town marshals. It is suggested that 9-237 be amended to read "town marshal, police chief, or other chief law enforcement official as designated by the Town". Also, most towns do not employ their law enforcement agency to collect taxes; rather their finance departments are now responsible for this task. It is suggested that 9-238 be changed to reflect "the town marshal, police chief, or other officer as designated by ordinance of the Town" shall be the collector of taxes. B. Council Action - The Town Council is expected to take action in support of Fountain Hills's submittal of this resolution to the 2004 Resolutions Committee at its August 7, 2003 council meeting. C Relevance to Municipal Policy — This would enable towns to designate a police chief or town marshal as an appointive officer deemed necessary by the common council D. Impact to Municipal Powers — No impact on municipal powers. E. State Law Change Required — Yes. F. Importance of Resolution to Your City or Town — The Town of Fountain Hills has eliminated the marshal department and the former town marshal position. The town is under contract with an outside law enforcement agency that employs a captain that oversees law enforcement. The captain has taken over the town marshal responsibilities and should be designated an appointive officer of the town. G. Fiscal Impact to Cities and Towns — Not applicable. H. Fiscal Impact to the State — Not Applicable. Stein/E:/Mydocuments/resolutionformat townmarshal.doc/7803 LEAGUE OF ARIZONA CITIES AND TOWNS 2004 RESOLUTION FORMAT Town of Fountain Hills Urges the Legislature to amend A. R. S. Title 34 to allow cities and towns to adopt alternative procedures in hiring certain professionals (e.g. engineers, architects). (Submitted in conjunction with the City of Prescott) A. Purpose and Effect of Resolution - A. R. S. Title 34 currently mandates that cities and towns use a specific procedure in retaining certain professionals. This would allow cities and towns to adopt alternative procedures. B. Council Action - The Prescott City Council has previously unanimously endorsed this resolution. (The Town Council is expected to take action in support of Fountain Hills's submittal of this resolution to the 2004 Resolutions Committee at its August 7, 2003 council meeting.) C. Relevance to Municipal Policy — This would enable cities and towns to adopt their own procurement code setting forth the method of retaining professionals. D. Impact to Municipal Powers — This is a broadening of existing city powers; however, prior to the changes in A. R. S. Title 34 (which effectively preempted a municipality's local procurement code), cities already had this power. This simply reinstates a power previously taken away by the Legislature. E. State Law Change Required — Yes. F. Importance of Resolution to Your City or Town — The City of Prescott has its own Procurement Code, a portion of which has been preempted by the State. The City of Prescott would like to be able to retain professionals in accordance with its own procurement code. (auditors, planners, and other professionals) G. Fiscal Impact to Cities and Towns — This could result in a substantial savings to cities and towns. First, the convoluted process in A. R. S. Title 34 would not have to be followed; second, cities and towns would be able to inquire into price when soliciting proposals from professionals, but would not necessarily be bound by price only. H. Fiscal Impact to the State — None. Stein/E:/Mydocuments/resolutionalternativehiring proce.doc/72803 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Meeting Date: 8/7/03 Contact Person: Pickering Consent:® Regular:❑ Requesting Action:® Tone 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 ❑ Finance Regular Agenda Wording:; Consideration of ORDINANCE 03-17 adopting the Council Rules for Policy and Procedures. Staff Recommendation: Approve Fiscal Impact No 19 Purpose of Item and Background Information: At the June 2003 Council Work Study Session, the Town Council Rules of Procedure were discussed in detail and 19 points of clarification were agreed upon. List All Attachments as Follows: Memo from Town Manager, Final Version, Redlined Version, and Ordinance 03-17 Type(s) of Presentation: verbal Signatures of Submitting Staff: Department H -Q 3 To Manager / Designee \\earth\sstein\agenda cover sheet\council rules.doc Budget Review (if item not budgeted or exceeds budget amount) ORDINANCE NO. 03-17 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 2, MAYOR AND COUNCIL, ARTICLE 2-4, COUNCIL PROCEDURE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2- 4, Council Procedure, is hereby deleted in its entirety and replaced with the following: COUNCIL PROCEDURE Sections: 2-4-1 Council Rules of Procedure 2-4-2 Boards, Committees and Commissions 2-4-3 Posting Notice of Meetings Section 2-4-1 Council Rules of Procedure The council shall adopt such procedural rules as it deems appropriate. Section 2-4-2 Boards, Committees and Commissions The council may create such boards, committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the council may require. All members shall serve at the pleasure of the council. Immediately prior to assumption of the duties of office, each appointee shall, in public, take and subscribe to the oath of office. The oath of office shall be administered at the first regular or special meeting that the appointee attends. Section 2-4-3 Posting Notice of Meetings Public notice of the meetings of the council shall be posted in the following places: A. Fountain Hills Community Center 13001 N. La Montana Drive Fountain Hills, Arizona B. Fountain Hills Post Office 16605 E. Avenue of the Fountains Fountain Hills, Arizona 9196.001\03-17 Council Rocedure.ord.doc 7-31-03-1 C. Fountain Hills Town Hall 16836 E. Palisades Boulevard, Building C Fountain Hills, Arizona SECTION 2. If any provision of this Ordinance is for any reason held by any court of competent jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, distinct and independent of all other provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 7, 2003. ,7 FOR THE TOWN OV'OUNTAIN W.J.N REVIEWED BY: Tim G. Pickerint, Town 9196.001\03-17 Cou it Procedm .or&doc 7-31-03-1 2 ATTESTED TO: U"" APP VED AS TO FORM: t An rew 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: 8/7/03 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 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 approving the Town Council Rules of Procedure and setting an effective date. Staff Recommendation: Approve Fiscal Impact: No $00 Purpose of Item and Background Information: Once the Council approves Ordinance 03-17 to adopt the revised Council Rules (after the code is amended), there is a thirty -day period until the new rules become effective. Therefore, the amended Council Rules of Procedure will become effective on September Oh. Current Council Rules apply until that date. List All Attachments as Follows: none Type(s) of Presentation: none Signatures of Submitting Staff: Department Head 0460 P Town Manager / Designee eAagenda cover sheet\council rules 2.doc Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS Office of Town Manager INTER OFFICE MEMO TO: The Honorable Mayor Nichols and Town Council DT: July 30, 2003 FR: Tim Pickering, Town Managet�/� Town Council Rules of Procedures As the Council is aware, at our June workshop, draft Council procedures were discussed in detail and 19 points of clarification were agreed upon. The Town Attorney has redrafted the procedures and prepared the ordinance for adoption. Attached is the final version of the rules of procedures along with the redline version indicating the changes made since our workshop. The staff recommends approval. The adoption of these rules in most cases simply codifies practices the Council has put into practice. The policy covers such things as how to allow public to remove consent items, agenda finalization completed 72 hours before Council meetings, how Councilmembers place an item on an agenda, decorum and order of meetings, and notice procedures. This policy is a culmination of hard work by the Council and staff and was identified by the Council as one of their top priorities to accomplish. The project began in September of 2003 and over twenty cities' policies were reviewed to assist in this nine -month process. Tpickering;tgp;mydocuments;CouncilProceedures.doc;7.30.03 TOWN OF FOUNTAIN HILLS, ARIZONA TOWN COUNCIL RULES OF PROCEDURE `%w TABLE OF CONTENTS TOWN OF FOUNTAIN HILLS, ARIZONA.............................................................................1 SECTION 1. RULES OF PROCEDURE/AUTHORITY.........................................................1 1.1 PROCEDURES....................................................................................................1 1.2 PRESIDING OFFICER......................................................................................1 1.3 PARLIAMENTARIAN.......................................................................................1 1.4 SUSPENSION OF THE RULES........................................................................1 SECTION2. DEFINITIONS......................................................................................................1 2.1 AGENDA..............................................................................................................1 2.2 AGENDA PACKET............................................................................................ 2 2.3 CONSENT AGENDA..........................................................................................2 2.4 COUNCIL............................................................................................................ 2 2.5 COUNCIL RULES.............................................................................................. 2 2.6 MEETING............................................................................................................ 2 2.7 NEWSPAPER...................................................................................................... 2 2.8 NOTICE................................................................................................................2 2.9 QUORUM.............................................................................................................3 2.10 TOWN................................................................................................................... 3 �*w SECTION 3. MEETINGS........................................................................................................... 3 3.1 REGULAR MEETINGS..................................................................................... 3 3.2 ADJOURNED MEETINGS................................................................................ 3 3.3 SPECIAL MEETINGS....................................................................................... 3 3.4 WORK SESSIONS.............................................................................................. 4 3.5 EXECUTIVE SESSIONS...................................................................................4 3.6 EMERGENCY MEETINGS..............................................................................4 3.7 MEETINGS TO BE PUBLIC.............................................................................4 3.8 MINUTES OF COUNCIL MEETINGS............................................................4 SECTION 4. NOTICE AND AGENDA..................................................................................... 5 4.1 POSTING NOTICES.......................................................................................... 5 4.2 AGENDA PREPARATION................................................................................5 4.3 DISTRIBUTION OF NOTICES AND AGENDAS .......................................... 8 SECTION 5. ORDER OF BUSINESS........................................................................................ 8 5.1 ORDER OF BUSINESS...................................................................................... 8 5.2 REGULAR MEETINGS..................................................................................... 8 5.3 SPECIAL MEETINGS.....................................................................................13 5.4 WORK SESSION MEETINGS........................................................................13 SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING................................14 6.1 CALL TO ORDER............................................................................................14 9196.001 THRules.offtoc.v5.doc 7-17-03-1 1 6.2 PARTICIPATION OF PRESIDING OFFICER............................................14 6.3 QUESTION TO BE STATED..........................................................................14 6.4 RULES/DECORUM/ORDER..........................................................................................15 6.5 TELECONFERENCE PROCEDURE............................................................15 6.6 ADDRESSING THE COUNCIL.....................................................................................16 SECTION 7. CONFLICT OF INTEREST...............................................................................19 7.1 INTRODUCTION.............................................................................................19 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS.....................................19 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW20 7.4 DISCLOSURE OF INTEREST........................................................................ 20 7.5 WITHDRAWAL FROM PARTICIPATION................................................. 20 7.6 RULE OF IMPOSSIBILITY............................................................................ 20 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN ............................ 20 7.8 SANCTIONS FOR VIOLATIONS.................................................................. 20 7.9 NON -STATUTORY CONFLICTS OF INTEREST ...................................... 21 SECTION8. CODE OF ETHICS.............................................................................................21 9196.001THRules.of toc.v5.doc 7-17-03-1 2 SECTION 1. RULES OF PROCEDURE/AUTHORITY 1.1 PROCEDURES The following are the basis for and are used in conjunction with these basic Rules of Procedure for meetings of the Council: A. State Law B. Town Code, including these Council Rules C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones D. Roberts Rules of Order, 9th edition as amended In case of inconsistency, conflict or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed. 1.2 PRESIDING OFFICER As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice -Mayor, is the Presiding Officer of all Meetings of the Council. In the absence or disability of both the Mayor and the Vice -Mayor, the Meeting shall be called to order by the Town Clerk, whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. 1.3 PARLIAMENTARIAN The Town Attorney shall serve as Parliamentarian for all Meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. 1.4 SUSPENSION OF THE RULES The Council, by a three-quarter vote of all members present, may suspend strict observance of these Council Rules or other policies and procedures for the timely and orderly progression of the Meeting; provided, however, that a simple majority of the Council may cause a change in the order of items on the Agenda. SECTION 2. DEFINITIONS 2.1 AGENDA As set forth in the Order of Business, an Agenda is a formal listing of items to be considered by the Council at a noticed meeting of the Council. The content of the Agenda may not be changed less than 72 hours prior to the public meeting, except in exceptional circumstances, but in no event shall the Agenda be altered less than 24 hours prior to the public meeting, unless authorized by State law. 9196.001\RMu1es. of.Proc. v5.doc 7-17-03-1 1 2.2 AGENDA PACKET A compilation of documents supporting the items listed on the Agenda and requiring Council action, which may be used by Council, staff and the public for more in-depth information than may be presented in an oral report. The Agenda Packet is organized as set forth in the Order of Business in Section 5 below and is provided or made available to the Council or any citizen who files a public records request. 2.3 CONSENT AGENDA Items listed on the Agenda and marked with an asterisk (*) that 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 Agenda items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Council Member or member of the public so requests. If a Council Member 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. 2.4 COUNCIL The Mayor and Common Council of the Town of Fountain Hills. 2.5 COUNCIL RULES These Town of Fountain Hills, Arizona, Town Council Rules of Procedure. 2.6 MEETING The gathering, in person or by technological devices, of a quorum of the Council, at which the Council Members discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. If a quorum is not present, those in attendance will be named for the record and, in the absence of the Presiding Officer, the Town Clerk will adjourn the Meeting. 2.7 NEWSPAPER A daily or weekly paid publication of general circulation within the Town of Fountain Hills, Arizona. 2.8 NOTICE A formal announcement to the public that sets the date, time and the place at which a Meeting will be held. Such notice of Meetings shall be in accordance with the State law, the Town Code and these Council Rules. 9196.001 VFHRules. of Proc. v5. doc 7-17-03-1 2 2.9 QUORUM The minimum number of Members of the Council that must be present in order for business to be legally transacted. With a seven -member body, a quorum is typically four Members, unless otherwise specifically authorized by State law. 2.10 TOWN The Town of Fountain Hills, an Arizona municipal corporation. SECTION 3. MEETINGS 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. The Council shall hold regular Meetings on the first and third Thursday of each month at six thirty p.m. When deemed appropriate, any regular Meeting date of the Council may be changed by a majority of the Council, except that at least one regular Meeting a month must be held and that such notice of the rescheduled Meeting shall be given to the public as is reasonable and practicable under the circumstances. All regular Meetings shall be held at the Town Hall Council Chambers or at such place as may be prescribed by the Mayor or the Town Manager. The Council may provide for a "Call to the Public" at such regular Meetings. B. Holidays. When the day for a regular Meeting of the Council falls on a legal holiday, no Meeting shall be held on such holiday, but such Meeting shall be held at the same time and the same location on the day designated by the Council that is not a holiday. 3.2 ADJOURNED MEETINGS Any Meeting may be adjourned to a time, place and date certain, but not beyond the next regular Council Meeting. Once adjourned, the Meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn. 3.3 SPECIAL MEETINGS The Mayor, or the Town Clerk, upon the written request of three Council Members, may convene the Council at any time after giving at least 24 hours notice of such Meeting to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such special Meeting. In the case of an actual emergency, a Meeting may be held upon such notice as is appropriate to the circumstances. 9196.001*1iRu1es.of.Proc. v5. doc 7-17-03-1 3 3.4 WORK SESSIONS A. How Convened; When Convened; Notice. The Mayor or the Town Manager (at his own discretion or upon the written request of three Council Members) may convene the Council in a Work Session at any time after giving at least 24 hours notice of such Meeting to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such special Meeting. B. Purpose. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Council than may be possible at a regular Meeting. No formal action of the Council may be taken at such Meetings, other than general consensus or conveying direction to staff for further action. These Meetings shall not provide for a "Call to the Public." 3.5 EXECUTIVE SESSIONS Subject to applicable State law, the Council may hold such closed executive sessions as necessary to conduct the business of the Town. 3.6 EMERGENCY MEETINGS As provided for by State law, the Mayor and Council or the Town Manager may call a special emergency Meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a Meeting notice 24 hours or more before `�• the Meeting. Notice of an emergency Meeting of the Council will be posted within 24 hours following the holding of an emergency Meeting. The notice will include the emergency Meeting's Agenda and a brief but complete description of the nature of the emergency. Emergency Meetings shall not provide for a "Call to the Public." 3.7 MEETINGS TO BE PUBLIC A. Open to Public. With exception of Council executive sessions, all regular, special and work session Meetings of the Council shall be open to the public. B. Public Comment. Public comment (Call to the public) is not taken at work sessions, emergency Meetings or at special Meetings, unless the special Meeting is held in place of a regular Meeting, or unless the special Meeting includes a public hearing on the Agenda. 3.8 MINUTES OF COUNCIL MEETINGS A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special, work session, emergency and executive session Meetings of the Council for the purpose of taking notes and/or audio recordation of the Meeting. 9196.001 THRules.oEProc. v5.doc 7-17-03-1 B. Recordings; written minutes. To the extent possible, all open, public Meetings shall be recorded by means of audio or video technology. In addition, written minutes reflecting legislative intent shall be taken so that an accounting of the issues discussed and actions taken is compiled and entered into the permanent Minute Book of the Town and kept on file and of record in the Office of the Town Clerk. Audio or video recordings of Meetings will be retained for a period of time in accordance with the current Town of Fountain Hills and/or State of Arizona approved records retention and disposition schedules. C. Availability. All Meeting minutes of the Council are deemed to be public records, with the exception of executive session minutes, which, while they fall under the definition of and are considered public records by State law, are deemed confidential and are only available under limited conditions or by Court Order. Transcribed minutes, or the audio or video recordings of all open Meetings of the Council must be on file in the office of the Town Clerk and available for public review by 5:00 p.m. on the third working day following each Meeting, or as provided by State law. Minutes of all regular Meetings of the Council are made available (i) through subscription for a fee and (ii) through the Town's Web Site. D. Executive Sessions. Minutes of executive sessions (i) shall be confidential, (ii) are maintained and secured by the Town Clerk and (iii) may be accessed only as provided by State law. E. Approval. Minutes of all regular Meetings of the Council may be approved under the consent agenda, unless removed for discussion and separate action. SECTION 4. NOTICE AND AGENDA 4.1 POSTING NOTICES A. Time. The Town Clerk, or authorized designee, shall prepare all public Meeting notices of the Town Council, and shall ensure posting of the Meeting notices no less than 24 hours before the date and time set for said Meetings in accordance with State law. B. Locations. Meeting notices shall be posted at a minimum of three locations within the Town, including the Community Center, Town Hall and the Post Office. 4.2 AGENDA PREPARATION A. Availability. The Town Manager, or authorized designee, shall prepare the Agendas for all Meetings of the Council as set forth below. Agendas of all Meetings of the Council shall generally be available to the public no less than 72 hours prior to said Meetings, except in exceptional circumstances. In no event shall the Agenda be made available less than 24 hours prior to said Meeting. 9196.0011FHRules.of.Pro v5.doc 7-17-03-1 5 Upon request, Agendas will be provided at no charge to political subdivisions or educational institutions, and are made available through the Town's web site. B. Submittal Process. Items may be placed on the Agenda for discussion and possible action by the following process: 1. All Departments: Preparation of Agenda item cover/routing sheet with signatures of the department director, the accounting supervisor (if applicable), the Town Attorney (if applicable), and staff report (including all attachments) for submittal to the Town Manager two business days prior to Agenda Packet preparation day (the Friday prior to Meeting date). Town Manager approves/amends items and signs off, finalizing the item for inclusion in the Agenda Packet. 2. Mayor and Town Council Members: The Mayor or three Council Members may direct the Town Manager to place an item on an Agenda for action. Any Council Member may direct the Town Manager to place an item on a future Agenda during the "Council Discussion/Direction to Town Manager" portion of a Meeting for discussion relating only to the propriety of (i) placing such item on a future Agenda for action or (ii) directing staff to conduct further research and report back to the Council. 3. Town Manager and Town Attorney: The Town Manager may place an item on the Agenda by including appropriate documentation. 4. Citizen or Group: A citizen or group may apply to have an item placed on the Agenda as follows: 9196.001WHRules.of.Pr .v5.doc 7-17-03-1 a. Obtain a "Scheduled Public Appearance/Presentation" form from the Town Clerk and, when completed, return it to the Town Clerk for submission to the Town Manager. b. The Town Manager or authorized designee shall research the issue to determine if it may be handled administratively or will require Council discussion. If it is determined that the matter should be placed before the Council, the Town Manager shall ensure that documentation, if any, is compiled and the material included in the Agenda Packet. If the Town Manager determines that the subject should not be placed on the Agenda, an individual wishing to have an item on the Agenda as a "Scheduled Public Appearance" may (i) ask that the request be forwarded to the Mayor for consideration or (ii) obtain the written request of three members of the Council to place the item on the Agenda, and submit that request to the Town Manager. 0 C. Time Lines for Submission of Items. 1. Agenda items shall be submitted to the Town Manager by 5:00 P.M., eight calendar days prior to regular Meetings to ensure timely delivery to Council Members. 2. The Town Manager may approve exceptions to the schedule above in order to ensure that the distribution of all Agenda Packets to the Council is in conformance with these Council Rules. 3. Any presentation items requiring audio/visual support must be submitted to the information and technology department a minimum of 48 hours prior to the Meeting to ensure proper coordination and preparation. Department directors are responsible for obtaining presentation materials from applicants or presenters involved in their respective Agenda items. D. Agenda Item Submittals for Town Council Executive Sessions. Items may be placed on the Agenda for Council executive session discussion (if in compliance with the Town Code and applicable State Statutes) by the following process: 1. Submission by a Council Member, the Town Manager or the Town Attorney (with notice to all Council Members). 2. Submission by the Mayor (with notice to all Council Members). 3. The Town Manager and the Town Attorney shall review the submittal for executive session discussion, prior to placement on the Agenda, to ensure that the item is the proper subject of an executive session pursuant to State law. 4. The Town Attorney shall advise the Town Clerk regarding the appropriate Agenda language of executive session items. E. Agenda Packets. Full Agenda Packets for ALL noticed Meetings (except executive session documentation) of the Council shall be made available to Council Members at Town Hall, generally six days before such Meetings; provided, however, that Agenda Packets may be delivered or supplemented later under special circumstances so long as no Agenda Packet material is delivered less than 72 hours prior to the Meeting, except in the case of exceptional circumstances or an emergency Meeting. 9196.001THRules.of.Proc.v5.doc 7-17-03-1 4.3 DISTRIBUTION OF NOTICES AND AGENDAS A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of all Meeting notices and Agendas and any documentation provided for said Meeting, no less than 72 hours prior to the Meeting, unless exceptional circumstances require a later delivery. B. Distribution. The Town Clerk shall ensure that the Meeting notices, Agendas and documentation, as deemed necessary, are distributed to the Town Manager, Town Attorney and department directors. Courtesy copies will be available to the press, public subdivisions, educational institutions and others as directed by the Mayor through the Town Manager as soon as such materials are made available to the Mayor and Council. C. Amendments. A published Agenda may be amended up to 72 hours prior to such meeting. In exceptional circumstances, such Agenda may be amended up to, but not less than, 24 hours prior to the designated Meeting, unless otherwise authorized by State Law. Amended Agendas will indicate the date amended. SECTION 5. ORDER OF BUSINESS 5.1 ORDER OF BUSINESS The Order of Business of each Meeting shall be as contained in the Agenda. The Agenda shall be a sequentially numbered listing by topic and a brief description of business items that shall be taken up for consideration. 5.2 REGULAR MEETINGS The Agenda shall be prepared in the following order: AGENDA Call To Order & Pledge Of Allegiance Invocation/Moment of Reflection Roll Call Mayor's Report (including proclamations) Scheduled Public Appearances/Presentations (if any) Call to the Public (Non -agenda items) (preceded by the following paragraph) Pursuant to Axiz. REv. STAT. § 38-431.01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place and manner restrictions. 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, 9196.00MMules.oLPr .v5.doc 7-17-03-1 8 individual Council members may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. Consent Agenda (preceded by the following explanatory paragraph) 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 Council Member or member of the public so requests. If a Council Member 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. Action Items (grouped by subject to the extent possible) Council Assessment and Review Council Discussion/Direction to Town Manager (Items for future Agendas) Summary of Council Requests by Town Manager Adjournment All Agendas shall have the following statement placed at the bottom: 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. DATE POSTED: TIMEPOSTED: A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment of Reflection and before proceeding with the business of the Council, the Presiding Officer shall direct the Town Clerk or authorized designee to call the Roll, and the names of Council Members both present and absent shall be entered into the minutes. The order of roll call shall be: Mayor, Vice Mayor and then Council Members from the Mayor's far right to the Mayor's far left. B. Mayor's Report. The Mayor may use "Mayor's Report" to announce appointment to committees, read proclamations, or conduct other ceremonial matters as listed on the posted Agenda. C. Scheduled Public Appearances/Presentations. The process set forth below applies members of the public or groups wishing to place an item on the Agenda under "Scheduled Public Appearances/Presentations". If the request is approved by the Town Manager, the item will appear on the agenda. 9196.001THRu1es.of. Pmc. v5. doc 7-17-03-1 D. Call to the Public. 1. All citizens and interested parties will be limited to a maximum of three minutes to address the Council on a non -Agenda item. In order to comply with State law, the Council may not discuss any issue raised at call to the public and not listed on the Agenda, except to thank the speaker or direct the Town Manager to follow up on the matter and/or schedule it for a future public Meeting. 2. All citizens and interested parties wishing to speak before the Council shall fully complete a speaker's request form. 3. At the conclusion of all citizens' comments, the Presiding Officer may take any or all of the following actions: a. Thank speaker for addressing issue. b. Ask staff to review matter. C. Ask that a matter be put on a future Agenda. d. Permit individual Council Members to respond to criticism raised during the Call to the Public. E. Consent Agenda. 1. The Consent Agenda includes items that are of such a nature that discussion is not required, or issues that have been previously studied by the Council. These items may be adopted by one motion and a roll call vote. 2. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Council or any member of the public in attendance at the Meeting requests that an item or items be removed for discussion. Council Members or the public may not ask a question without removal of the item from the Consent Agenda. 3. Items removed from the Consent Agenda are considered in their normal sequence as listed on the Agenda, unless called out of sequence as provided under Section 1.4 above. F. Action Items. 1. At the time each business item is presented to the Council, the Town staff shall present a report on the subject and the applicant, if any, may also speak. The Mayor or the Town Clerk will then call the speaker cards of those citizens desiring input and comments. All citizens and interested parties wishing to speak before the Council shall fully complete speaker's request forms and submit the forms to the Town Clerk, or designee, prior 9196.001 UHRules. o E Pmc. v5. doc 7-17-03-1 10 to Council discussion of that Agenda item. Sufficient speaker request 144,, forms shall be located in the Council Chamber's Lobby (the public entry area into the Chamber) and at the Town Clerk's position on the dais. The completed forms will be retained with the Agenda Packet material by the Town Clerk. Speakers will be called in the order in which the speaker cards were received. If a speaker chooses not to speak when called, such speaker will be deemed to have waived his or her opportunity to speak on that matter. 2. Those speaking before Council will be allowed three contiguous minutes to address Council, but time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at a Meeting or (iii) the Mayor either prior to or during a Meeting. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. 3. The purpose of all public comments is to provide information and the speaker's views for Council consideration. It is not appropriate for the speakers to question directly, or debate the matter under consideration with staff, other speakers, the audience, or Members of the Council; all remarks will be addressed to the Presiding Officer and not to individual Council Members. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Council Members may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's representatives or Town staff; provided, however, that no Council Member shall engage in debate directly with such speakers, representatives or Town staff. 4. Proper decorum must be observed by Members of the Council, by speakers in providing testimony and remarks and by the audience. In order to conduct an orderly business Meeting, the Presiding Officer shall keep control of the Meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the Meeting. Personal attacks on Council Members, Town staff or members of the public are not allowed. Engaging in such conduct, and failing to cease such conduct upon request of the Presiding Officer, will be grounds for (i) ending a speaker's time at the podium, (ii) at the direction of the Presiding Officer, recessing the Meeting for a brief period or (iii) removal of any disruptive person from the Meeting. 5. Generally, Agenda items requiring public hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: 9196.001THRules.of.Proc. v5.doc 7-17-03-1 11 I%W a. The Presiding Officer will announce the matter that is set forth for a public hearing and, if appropriate, ask the staff to provide a report of the matter. b. The Presiding Officer will then ask the applicant to speak regarding the matter. C. At the conclusion of the staff report and/or presentation by the applicant, the Presiding Officer will open the public hearing for comments from the public. d. After all public comments are heard, the Presiding Officer will close the public hearing, and may ask staff or the applicant to respond to the comments. e. The Presiding Officer may then call for a motion and second, if applicable, and ask if Council wishes to discuss the issue. Council may then proceed to discuss the matter. f. Upon the conclusion of Council comment, the Presiding Officer will call for action on the motion. g. Exhibits, letters, petitions, and other documentary items presented or shown to the Council on a public hearing item become part of the record of the public hearing and shall be maintained by the Town Clerk. h. Ten collated sets of written or graphic materials should be provided by the speaker prior to the commencement of the hearing to allow for distribution to the Council, key Town staff and the Town Clerk for inclusion in the public record. Reduced copies (8 '/2" X 11") of large graphic exhibits should be provided as part of the sets of materials for distribution as provided above. The appropriate staff member shall be responsible to notify applicants of this requirement. 6. Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the Agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the Agenda item, limit repetitive testimony, but in no event to less than three minutes per topic. Upon approval of (i) the Presiding Officer or (ii) a majority of the Council, persons may be allowed to speak longer than three minutes. Council may ask the individual speaker questions through the Presiding Officer. 9196.001WHRules.of.PA .v5.doc 7-17-03-1 12 7. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the Town Attorney shall advise the Council in this regard. G. Council Assessment and Review. At the conclusion of the Action Items on the Agenda, Council Members may offer comments as to procedural strengths and weaknesses of the process of that Meeting. Council Members may offer suggestions to improve the Meeting process in the future. H. Council Direction to Town Manager. At the conclusion of the Council Assessment and Review, the Council may give direction to the Town Manager to follow-up on matters presented at that Meeting or to bring an item before the Council on a future Agenda. I. Summary of Council Requests by Town Manager. At the conclusion of the Council Direction to Town Manager, the Town Manager shall review with the Council all matters raised at that Meeting requiring follow-up from the Town Manager or Town staff. The Town Manager may also suggest timelines for such follow-up. J. Adjournment. The open, public Meetings of the Council may be adjourned by consensus of the Council. 5.3 SPECIAL MEETINGS A. As Substitute for Regular Meeting. If a special Meeting is being held in place of a regular Meeting, the Agenda shall be as set forth for a regular Meeting. B. Generally. For all other special Meetings, the Agenda shall be prepared in the following order: AGENDA Call To Order Roll Call Consent Agenda (if needed — explanatory paragraph same as regular Meeting) Action Items (grouped by subject to the extent possible) Adjournment 5.4 WORK SESSION MEETINGS The primary purpose of work session Meetings is to provide the Council with the opportunity for in depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another 9196.001THRu1es.of.Proc.v5.doc 7-17-03-1 13 interested party on an Agenda item if invited by the Mayor and Council to do so. The Presiding .. Officer may limit or end the time for such presentations. The work session Agenda shall be prepared in the following order: Call To Order Roll Call Work Session Statement (explanatory statement) All Items Listed Are For Discussion Only. No Action Can Or Will Be Taken. The primary purpose of work session Meetings is to provide the Town Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. Agenda Items For Discussion (Items Numbered For Order) Adjournment SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING 6.1 CALL TO ORDER A Meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in his/her absence, by the Vice -Mayor). In the absence of both the Mayor and Vice -Mayor, the Meeting shall be called to order by the Town Clerk; whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. 6.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he/she shall not be deprived of any of the rights and privileges of a Council Member by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the Meeting. 6.3 QUESTION TO BE STATED The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate, each question immediately prior to calling for discussion and the vote. Following the vote, the Presiding Officer shall ask the Town Clerk or designee to verbally announce the results of voting, including the yeas, nays and abstentions. The Presiding Officer shall publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Formal votes shall not be taken at work sessions or executive sessions. 9196.001WHRules.of Proc.v5doc 7-17-03-1 14 6.4 RULES/DECORUWORDER A. Points of Order. The Presiding Officer shall determine all points of order after consultation with the Parliamentarian, subject to the right of any member to appeal such determination to the whole Council. If any appeal is taken, the question (motion) shall be: "Shall the decision of the Presiding Officer be sustained?" In which event, following a second, a majority vote shall govern, and conclusively determine such question of order. B. Order and Decorum. 1. Council Members: Any Council Member desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, may speak. 2. Employees: Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applied to members of the Council. The Town Manager shall ensure that all Town employees observe such decorum and will direct the participation of any staff member in the discussion of the Council. The Town Manager shall first be recognized by the Presiding Officer prior to addressing the Council. Any staff member desiring to speak shall first be recognized by the Town Manager. �bl 3. Public: Members of the public attending the Meetings shall observe the same rules of order and decorum applicable to the Council. Unauthorized remarks or demonstrations from the audience, such as applause, stamping of feet, whistles, boos or yells shall not be permitted by the Presiding Officer, who may direct a Public Safety Officer to remove such offender/s from the room. C. Enforcement of Decorum. Proper decorum is to be maintained during all Meetings by the Council, staff and guests. It is the responsibility of the Presiding Officer of the Meeting to ensure compliance with this Policy. The Presiding Officer shall request that a speaker refrain from improper conduct; if the speaker refuses, the Presiding Officer may end the speaker's time at the podium. If the speaker refuses to yield the podium after being asked to do so by the Presiding Officer, the Presiding Officer may (i) recess the Meeting for a brief time or (ii) direct a Public Safety Officer present at the Meeting to remove from the Meeting the person whose conduct is disorderly or disruptive. 6.5 TELECONFERENCE PROCEDURE Meetings may be conducted by teleconference as follows: 9196.001*lWules.APr v5.doc 7-17-03-1 15 A. Prior Notice. When a member of the Council is unable to attend a Meeting and desires to participate in the Meeting by telephone, the member shall be permitted to do so provided the member gives the Town Clerk, or designee, notice of his or her inability to be present at the Meeting at least 48 hours prior to the Meeting. B. Notation on A eg nda. The notice of the Meeting and the Agenda shall include the following: "Council Members of the Town of Fountain Hills will attend either in person or by telephone conference call." C. Public Access. Facilities will be used at the Meeting to permit the public to observe and hear all telephone communications. D. Notation in Minutes. The Minutes of the Meeting shall clearly set forth which members are present in person and which are present by telephone. The Minutes shall also describe the procedures followed to provide the public access to all communications during the Meeting. 6.6 ADDRESSING THE COUNCIL A. Manner of Addressing the Council. 1. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Presiding Officer. There shall be no loud vocalization (shouting or calling out) from the seating area of the Council Chamber. At the podium, he/she shall clearly state his/her name and address for the record. 2. Special assistance for sight and/or hearing -impaired persons can be provided. Anyone requiring such assistance should contact the Town Clerk 48 hours before a Meeting to request an accommodation to participate in the Meeting. B. Limitation Reg Public Comment and Reports. The making of oral communications to the Council by any member of the public during the "Call to the Public: (Non -Agenda Items)" or under an action item, shall be subject to the following limitations: 1. All citizens wishing to address the Council shall complete and submit a speaker's request form as set forth in Section 5.2.F above. 2. The Presiding Officer may limit the number of speakers heard on non - Agenda topics at any single Meeting to allow the Meeting to proceed and end in a timely manner. 9196.001T IRules.offtoc.v5.doc 7-17-03-1 16 3. If it appears that several speakers desire to provide repetitive comments regarding a single topic, the Presiding Officer may limit the number of speakers. C. Motions. 1. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. 2. Precedence of Motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: a. Fix the time to adjourn b. Adjourn C. Recess d. Raise a question of Privilege e. Table f. Limit or extend limits of debate g. Postpone to a certain time and date h. Amend i. Postpone Indefinitely j. Main Motion 3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on the Agenda. This motion is debatable, and because it can be applied only to the main question, it can, therefore, only be made while the main question is immediately pending (a motion and second is on the floor). This motion is commonly used to postpone an item until a more appropriate time. 4. Motion to Table: A motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject. A motion to table shall not be debatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular Meeting. 5. Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion. This is referred to as "Call for the Question" and is the motion used to cut off debate and to bring the group to an immediate vote on the pending motion; it requires a two-thirds vote. The vote shall be taken by voice. If the 9196.001THRules.of.Pr .v5.dw 7-17-03-1 17 Im motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6. Motion to Amend: a. A motion to amend shall be debatable only as the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to the amendment shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. C. Amendments shall be voted on first, then the main motion as amended. 7. Motion to Continue: Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set only. D. Addressing the Council after Motion is Made. After the motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission from the Presiding Officer. E. Voting Procedure. After discussion has been concluded and the Mayor or Town Clerk has restated the motion under consideration, the following procedure shall apply: 1. Casting a Vote: 9196.001\FHRu1es.oEProc. v5.doc 7-17-03-1 a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the vote of each member of the Public Body can be clearly ascertained and recorded in the Meeting minutes. Upon the request of the Mayor or Council Member, the vote shall be taken by roll call. b. The vote on each motion shall be entered into the record by names of the Council Members voting for or against. The Record also shall include the names of any member not casting a vote by reason of being absent from the room at the time of the vote. C. If a Council Member has declared a Conflict of Interest and is absent during the roll call vote, the Town Clerk shall include 18 "Absent for the Vote due to declared Conflict of Interest" in the Official Minutes as part of the results of the vote. d. If the roll call method of voting is used, the Town Clerk or designee shall call the names of all members in random order with each new vote. Members shall respond "Aye" or "Nay." 2. Failure to Vote: a. All members of the Council in attendance of a duly called Meeting that requires formal Council action are required to vote. A member may abstain from voting only if he or she has a conflict of interest under State law, in which case such member shall take no part in the deliberations on the matter in question. b. Should a Council Member fail to vote, his/her vote shall be counted with the majority of votes cast; however, in the event of a tie vote, his/her vote shall be counted as "Aye." 3. Reconsideration: Any member of the Council who voted with the majority may move a reconsideration of any action at the same or next regular Meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the unanimous consent of the Council. SECTION 7. CONFLICT OF INTEREST 7.1 INTRODUCTION Occasionally, a Council Member may find himself/herself in a situation which requires that Council Member remove himself/herself from participation in discussion and voting on a matter before the Council. This situation exists when the Council Member has a "conflict of interest" as defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the conduct of public officers and employees who, in their official capacity, are, or may become involved with, a decision which might unduly affect their personal interests or those of their close relatives. 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's Conflict of Interest Law is to prevent self -dealing by public officials and to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. 9196.001THRules.of.Pro .v5Am 7-17-03-1 19 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW The Arizona Conflict of Interest Law, as now set forth or as amended in the future, applies to all actions taken by Council Members. 7.4 DISCLOSURE OF INTEREST Any Council Member who may have a conflict of interest should seek the opinion of the Town Attorney as to whether a conflict exists under the State law. Any Council Member who has a conflict of interest in any decision must disclose that interest. The Council Member may either file a signed, written disclosure statement fully disclosing the interest, or declare the existence of the conflict and the reasons therefore at a Meeting and then ensure that a copy of the Minutes is filed in the Clerk's Office in the file containing conflict of interest disclosures. The Disclosure of the conflict shall include a statement that the Council Member withdraws from further participation regarding the matter. The Town Clerk shall maintain for public inspection all documents necessary to memorialize all disclosures of a conflict of interest by a Council Member. 7.5 WITHDRAWAL FROM PARTICIPATION Having disclosed the conflict of interest and withdrawn in the matter, the Council Member must not communicate about the matter with anyone involved in the decision making process in any manner. Further, the Council Member should not otherwise attempt to influence the decision and should remove himself/herself from the Council Chamber, or other location where a meeting is being held, while the matter is considered. Failure to disclose any conflict of interest is addressed in Section 7.8 below. 7.6 RULE OF IMPOSSIBILITY In the unlikely situation the majority of Council Members have a conflict of interest and the Council is unable to act in its official capacity, Members may participate in the Council's decision after making known their conflicts of interest in the official records. 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are (i) part of the compensation they would normally be entitled to for performing their duties or (ii) otherwise permitted according to State Law. 7.8 SANCTIONS FOR VIOLATIONS Violations of the conflict of interest provisions set forth herein shall be punished as provided for in State law. 9196.001\FHRu1es.of Pmc.v5.doc 7-17-03-1 20 7.9 NON -STATUTORY CONFLICTS OF INTEREST Occasionally, a Council Member may feel that he/she should ethically refrain from participation in a decision even though the circumstances may not amount to a conflict of interest under the State law described above. It is the policy of the Council to encourage Council Members to adhere to strongly held ethical values which are exercised in good faith. However, subsection 6.6.E.2 above encourages participation in the decision making process unless the matter involves a statutory conflict of interest set forth by State law. Therefore, failure to vote on a matter for any reason other than a conflict of interest under State law shall be considered a vote cast with the majority or, if no majority exists, it shall be considered an "aye" vote. SECTION 8. CODE OF ETHICS Section 8 is reserved for a Future Code of Ethics which is anticipated to be adopted by the Town after due deliberation. 9196.001THRules.of toc.O.doc 7-17-03-1 21 TOWN OF FOUNTAIN HILLS, ARIZONA TOWN COUNCIL RULES OF PROCEDURE TABLE OF CONTENTS TOWN OF FOUNTAIN HILLS, ARIZONA.............................................................................1 SECTION 1. RULES OF PROCEDURE/AUTHORITY........................................................1 1.1 PROCEDURES................................................................................................... 1 1.2 PRESIDING OFFICER...................................................................................... 1 1.3 PARLIAMENTARIAN.......................................................................................1 1.4 SUSPENSION OF THE RULES........................................................................ 1 SECTION2. DEFINITIONS......................................................................................................1 2.1 AGENDA..............................................................................................................1 2.2 AGENDA PACKET............................................................................................ 2 2.3 CONSENT AGENDA......................................................................................... 2 2.4 COUNCIL............................................................................................................ 2 2.5 COUNCIL RULES.............................................................................................. 2 2.6 MEETING............................................................................................................2 2.7 NEWSPAPER......................................................................................................2 2.8 NOTICE............................................................................................................... 2 2.9 QUORUM............................................................................................................ 3 2.10 TOWN.................................................................................................................. 3 SECTION3. MEETINGS........................................................................................................... 3 1*01 3.1 REGULAR MEETINGS 3 .................................................................................... 3.2 ADJOURNED MEETINGS............................................................................... 3 3.3 SPECIAL MEETINGS....................................................................................... 3 3.4 WORK SESSIONS.............................................................................................. 4 3.5 EXECUTIVE SESSIONS................................................................................... 4 3.6 EMERGENCY MEETINGS.............................................................................. 4 3.7 MEETINGS TO BE PUBLIC............................................................................ 4 3.8 MINUTES OF COUNCIL MEETINGS........................................................... 4 SECTION4. NOTICE AND AGENDA..................................................................................... 5 4.1 POSTING NOTICES.......................................................................................... 5 4.2 AGENDA PREPARATION............................................................................... 5 4.3 DISTRIBUTION OF NOTICES AND AGENDAS .......................................... 8 SECTION5. ORDER OF BUSINESS........................................................................................ 8 5.1 ORDER OF BUSINESS...................................................................................... 8 5.2 REGULAR MEETINGS.................................................................................... 8 5.3 SPECIAL MEETINGS..................................................................................... 13 5.4 WORK SESSION MEETINGS....................................................................... 13 SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING................................14 6.1 CALL TO ORDER............................................................................................ 14 9196.001THRules.of.Pr .O-ldoc 61_-1912-03-1 1 6.2 PARTICIPATION OF PRESIDING OFFICER ............................................ 14 6.3 QUESTION TO BE STATED.......................................................................... 14 11%w 6.4 RULES/DECORUM/ORDER.........................................................................................14 6.5 TELECONFERENCE PROCEDURE............................................................ 15 6.6 ADDRESSING THE COUNCIL.....................................................................................15 SECTION 7. CONFLICT OF INTEREST..............................................................................19 7.1 INTRODUCTION............................................................................................. 19 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS ..................................... 19 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW19 7.4 DISCLOSURE OF INTEREST....................................................................... 19 7.5 WITHDRAWAL FROM PARTICIPATION................................................. 19 7.6 RULE OF IMPOSSIBILITY........................................................................... 20 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN ............................ 20 7.8 SANCTIONS FOR VIOLATIONS.................................................................. 20 7.9 NON -STATUTORY CONFLICTS OF INTEREST ...................................... 20 SECTION 8. CODE OF ETHICS............................................................................................. 20 9196.001 \FMules.of.Proc. v45.doc 6Z-491Z-03-1 - - 2 SECTION 1. RULES OF PROCEDURE/AUTHORITY 1.1 PROCEDURES The following are the basis for and are used in conjunction with these basic Rules of Procedure for meetings of the Council: A. State Law B. Town Code, including these Council Rules C. Parliamentary Procedure at a Glance, New Edition, by O. Garfield Jones D. Roberts Rules of Order, 9th edition as amended In case of inconsistency, conflict or ambiguity among the documents listed above, such documents shall govern in the order in which they are listed. 1.2 PRESIDING OFFICER As provided by the Town Code, the Mayor, or in the Mayor's absence, the Vice -Mayor, is the Presiding Officer of all Meetings of the Council. In the absence or disability of both the Mayor and the Vice -Mayor, the Meeting shall be called to order by the Town Clerk, whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. 1.3 PARLIAMENTARIAN The Town Attorney shall serve as Parliamentarian for all Meetings. The Town Clerk shall act as Parliamentarian in the absence of the Town Attorney and the Town Manager shall act as Parliamentarian in the absence of both the Town Attorney and Town Clerk. 1.4 SUSPENSION OF THE RULES The Council, by a three-quarter vote of all members present, may suspend strict observance of these Council Rules or other policies and procedures for the timely and orderly progression of the Meeting; provided, however, that a simple majority of the Council may cause a change in the order of items on the Agenda. SECTION 2. DEFINITIONS 2.1 AGENDA As set forth in the Order of Business, an Agenda is a formal listing of items to be considered by the Council at a noticed meeting of the Council. The content of the Agenda may not be changed less than 72 hours prior to the public meeting, except in exceptional circumstances, but in no event shall the Agenda be altered less than 24 hours prior to the public meeting, unless authorized by State law. 9196.001WHRules.APro .v45.doc 62-1412-03-1 2.2 AGENDA PACKET A compilation of documents supporting the items listed on the Agenda and requiring Council action, which may be used by Council, staff and the public for more in-depth information than may be presented in an oral report. The Agenda Packet is organized as set forth in the Order of Business in Section 5 below and is provided or made available to the Council or any citizen who files a public records request. 2.3 CONSENT AGENDA Items listed on the Agenda and marked with an asterisk (*) that 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 Agenda items will include all recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items unless a Council Member or member of the public so requests. If a Council Member 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. 2.4 COUNCIL The Mayor and Common Council of the Town of Fountain Hills. 2.5 COUNCIL RULES These Town of Fountain Hills, Arizona, Town Council Rules of Procedure. 2.6 MEETING The gathering, in person or by technological devices, of a quorum of the Council, at which the Council Members discuss, propose or take legal action, including any deliberations by a quorum with respect to such action. If a quorum is not present, those in attendance will be named for the record and, in the absence of the Presiding Officer, the Town Clerk will adjourn the Meeting. 2.7 NEWSPAPER A daily or weekly paid publication of general circulation within the Town of Fountain Hills, Arizona. 2.8 NOTICE A formal announcement to the public that sets the date, time and the place at which a Meeting will be held. Such notice of Meetings shall be in accordance with the State law, the Town Code and these Council Rules. 9196.001 \FHRules.of.Ploc. v4-ldoc 62-411-03-1 - - 2 2.9 QUORUM The minimum number of Members of the Council that must be present in order for business to be legally transacted. With a seven -member body, a quorum is typically four Members, unless otherwise specifically authorized by State law. 2.10 TOWN The Town of Fountain Hills, an Arizona municipal corporation. SECTION 3. MEETINGS 3.1 REGULAR MEETINGS A. Regular Meeting Date; Time. The Council shall hold regular Meetings on the first and third Thursday of each month at six thirty p.m. When deemed appropriate, any regular Meeting date of the Council may be changed by the Mayor- or- a majority of the Council, except that at least one regular Meeting a month must be held and that such notice of the rescheduled Meeting shall be given to the public as is reasonable and practicable under the circumstances. All regular Meetings shall be held at the Town Hall Council Chambers or at such place as may be prescribed by the Mayor or the Town Manager. The Council may provide for a "Call to the Public" at such regular Meetings. B. Holidays. When the day for a regular Meeting of the Council falls on a legal holiday, no Meeting shall be held on such holiday, but such Meeting shall be held at the same time and the same location on the day designated by the Council that is not a holiday. Mei bef , ta—thvti=-nnGl-1 the sehedµle of the :. may, majorrt• vote, adjust . V'1 Meetings, to utua 1. r. i Ante and tarn 3.2 ADJOURNED MEETINGS Any Meeting may be adjourned to a time, place and date certain, but not beyond the next regular Council Meeting. Once adjourned, the Meeting may not be reconvened except at the time, date and place provided for in the motion to adjourn. 3.3 SPECIAL MEETINGS The Mayor, or the Town Clerk, upon the written request of three Council Members, may convene the Council at any time after giving at least 24 hours notice of such Meeting to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such special Meeting. In the case of an actual emergency, a Meeting may be held upon such y` notice as is appropriate to the circumstances. 9196.00IT Rules.oEProc.v4-5.doc 62--1417-03-1 3 3.4 WORK SESSIONS A. Whem Convened. Work sessions be eenyen$datsueh tiriiedateand l0eativir as .letef:mi ,ert by the Mayor- or- the Coupe 1. A. How Convened; When Convened: Notice. The Mayor or the Town Manager Lat his own discretion or upon the written request of three Council Members) may convene the Council in a Work Session at any time after giving at least 24 hours notice of such Meeting to members of the Council and the general public. The notice shall include the date, place, hour and purpose of such special Meeting. B-B. Purpose. Work sessions are held for the purpose of presentations and discussions on such issues that require more in-depth consideration of the Council than may be possible at a regular Meeting. No formal action of the Council may be taken at such Meetings, other than general consensus or conveying direction to staff for further action. These Meetings shall not provide for a "Call to the Public." 3.5 EXECUTIVE SESSIONS Subject to applicable State law, the Council may hold such closed executive sessions as necessary to conduct the business of the Town. 3.6 EMERGENCY MEETINGS As provided for by State law, the Mayor and Council or the Town Manager may call a special emergency Meeting to discuss or take action on an unforeseen issue where time is of the essence and sufficient time does not provide for the posting of a Meeting notice 24 hours or more before the Meeting. Notice of an emergency Meeting of the Council will be posted within 24 hours following the holding of an emergency Meeting. The notice will include the emergency Meeting's Agenda and a brief but complete description of the nature of the emergency. Emergency Meetings shall not provide for a "Call to the Public." 3.7 MEETINGS TO BE PUBLIC A. Open to Public. With exception of Council executive sessions, all regular, special and work session Meetings of the Council shall be open to the public. B. Public Comment. Public comment (Call to the public) is not taken at work sessions, emergency Meetings or at special Meetings, unless the special Meeting is held in place of a regular Meeting, or unless the special Meeting includes a public hearing on the Agenda. 3.8 MINUTES OF COUNCIL MEETINGS A. Staffing. The Town Clerk shall ensure staff attendance at all regular, special, work session, emergency and executive session Meetings of the Council for the purpose of taking notes and/or audio recordation of the Meeting. 9196.001\FHRules.of.PR .v4.Idoc 62-1411-03-1 4 B. Recordings; written minutes. To the extent possible, all open, public Meetings shall be recorded by means of audio or video technology. In addition, written minutes reflecting legislative intent shall be taken so that an accounting of the issues discussed and actions taken is compiled and entered into the permanent Minute Book of the Town and kept on file and of record in the Office of the Town Clerk. Audio or video recordings of Meetings will be retained for a period of time in accordance with the current Town of Fountain Hills and/or State of Arizona approved records retention and disposition schedules. C. Availability. All Meeting minutes of the Council are deemed to be public records, with the exception of executive session minutes, which, while they fall under the definition of and are considered public records by State law, are deemed confidential and are only available under limited conditions or by Court Order. Transcribed minutes, or the audio or video recordings of all open Meetings of the Council must be on file in the office of the Town Clerk and available for public review by 5:00 p.m. on the third working day following each Meeting, or as provided by State law. Minutes of all regular Meetings of the Council are made available (i) through subscription for a fee and (ii) through the Town's Web Site. D. Executive Sessions. Minutes of executive sessions (i) shall be confidential, (ii) are maintained and secured by the Town Clerk and (iii) may be accessed only as provided by State law. E. Approval. Minutes of all regular Meetings of the Council may be approved under the consent agenda, unless removed for discussion and separate action. SECTION 4. NOTICE AND AGENDA 4.1 POSTING NOTICES A. Time. The Town Clerk, or authorized designee, shall prepare all public Meeting notices of the Town Council, and shall ensure posting of the Meeting notices no less than 24 hours before the date and time set for said Meetings in accordance with State law. B. Locations. Meeting notices shall be posted at a minimum of three locations within the Town, including the Community Center, Town Hall and the Post Office. 4.2 AGENDA PREPARATION A. Availability. The Town Manager, or authorized designee, shall prepare the Agendas for all Meetings of the Council as set forth below. Agendas of all Meetings of the Council shall generally be available to the public no less than 72 hours prior to said Meetings. except in exceptional circumstances. In no event 9196.001THRules.of.Pm.v4: &c 62_-4-912-03-1 5 shall the Agenda be made available less than 24 hours prior to said MeetiffgsMeeting. Upon request, Agendas will be provided at no charge to political subdivisions or educational institutions, and are made available through the Town's web site. B. Submittal Process. Items may be placed on the Agenda for discussion and possible action by the following process: All Departments: Preparation of Agenda item cover/routing sheet with signatures of the department director, the accounting supervisor (if applicable), the Town Attorney (if applicable), and staff report (including all attachments) for submittal to the Town Manager two business days prior to Agenda Packet preparation day (the Friday prior to Meeting date). Town Manager approves/amends items and signs off, finalizing the item for inclusion in the Agenda Packet. 2. Mayor and Town Council Members: The Mayor or three Council Members may direct the Town Manager to place an item on an Agenda for action. Any Council Member may request-thatdirect the GeuneATown Manager to place an item on a future Agenda during the "Council Discussion/Direction to Town Manager" portion of a Meeting. it without diseussion-or- debate, th obj tion f f„ other- r,,,,neil Nor b � cccrvrr-crvnr cc7rcr—co�izricri—rrzciiroew:eensider-ationsueh item shall be placed on a futufe Agenda f-of aetion. if a Cot Member- wishes to diseuss whethef sueh item is appropriate for- Cetine4 , he E3r- she shall so state and the item shall be ineluded on -a future n ggen a., under "G tine:1 DiFe .tion to Town ManagefL for discussion b relating only to the propriety of i)_placing such item on a future Agenda for action or 60 directing staff _to conduct further research and report back to the Council. 3. Town Manager and Town Attorney: The Town Manager may place an item on the Agenda by including appropriate documentation. 4. Citizen or Group: A citizen or group may apply to have an item placed on the Agenda as follows: a. Obtain a "Scheduled Public Appearance/Presentation" form from the Town Clerk and, when completed, return it to the Town Clerk for submission to the Town Manager. b. The Town Manager or authorized designee shall research the issue to determine if it may be handled administratively or will require Council discussion. If it is determined that the matter should be placed before the Council, the Town Manager shall ensure that documentation, if any, is compiled and the material included in the Agenda Packet. If the Town Manager determines that the subject 9196.001WMu1es.ofP oc.v4.5.doc 614412-03-1 should not be placed on the Agenda, an individual wishing to have an item on the Agenda as a "Scheduled Public Appearance" may (i) ask that the request be forwarded to the Mayor for consideration or (ii) obtain the written request of three members of the Council to place the item on the Agenda, and submit that request to the Town Manager. C. Time Lines for Submission of Items. 1. Agenda items shall be submitted to the Town Manager by 5:00 P.M., eight calendar days prior to regular Meetings to ensure timely delivery to Council Members. 2. The Town Manager may approve exceptions to the schedule above in order to ensure that the distribution of all Agenda Packets to the Council is in conformance with these Council Rules. 3. Any presentation items requiring audio/visual support must be submitted to the information and technology department a minimum of 48 hours prior to the Meeting to ensure proper coordination and preparation. Department directors are responsible for obtaining presentation materials from applicants or presenters involved in their respective Agenda items. D. Agenda Item Submittals for Town Council Executive Sessions. Items may be placed on the Agenda for Council executive session discussion (if in compliance with the Town Code and applicable State Statutes) by the following process: 1. Submission by a Council Member, the Town Manager or the Town Attorney (with notice to all Council Members). 2. Submission by the Mayor (with notice to all Council Members). 3. The Town Manager and the Town Attorney shall review the submittal for executive session discussion, prior to placement on the Agenda, to ensure that the item is the proper subject of an executive session pursuant to State law. 4. The Town Attorney shall advise the Town Clerk regarding the appropriate Agenda language of executive session items. E. Agenda Packets. Full Agenda Packets for ALL noticed Meetings (except executive session documentation) of the Council shall be made available to Council Members at Town Hall, generally six days before such Meetings; provided, however, that Agenda Packets may be delivered or supplemented later under special circumstances so long as no Agenda Packet material is delivered 9196.001\FMu1es.of.P=. v45.doc 624%7-03-1 less than 4972 hours prior to the Meeting, except in the case of exceptional circumstances or an emergency Meeting. 4.3 DISTRIBUTION OF NOTICES AND AGENDAS A. Copies. The Town Clerk shall ensure that the Mayor and Council receive copies of all Meeting notices and Agendas: and any documentation provided for said Meeting, no less than -2472 hours prior to the Meeting,, unless exceptional circumstances require a later delivery. B. Distribution. The Town Clerk shall ensure that the Meeting notices, Agendas and documentation, as deemed necessary, are distributed to the Town Manager, Town Attorney and department directors. Courtesy copies will be available to the press, public subdivisions, educational institutions and others as directed by the Mayor through the Town Manager .as soon as such materials are made available to the Mayor and Council. C. Amendments. The ToW.AA;—Manager-, or- authorized designee, Agenda,published A published Agenda may be amended up to 72 hours prior to such meeting. In exceptional circumstances, such Agenda may be amended up to, but not less than, 24 hours prior to the designated Meeting.unless otherwise authorized by State Law. Amended Agendas will indicate the date amended. SECTION 5. ORDER OF BUSINESS 5.1 ORDER OF BUSINESS The Order of Business of each Meeting shall be as contained in the Agenda. The Agenda shall be a sequentially numbered listing by topic and a brief description of business items that shall be taken up for consideration. 5.2 REGULAR MEETINGS The Agenda shall be prepared in the following order: AGENDA Call To Order & Pledge Of Allegiance Invocation/Moment of Reflection Roll Call Mayor's Report (including proclamations) Scheduled Public Appearances/Presentations (if any) Call to the Public (Non -agenda items) (i)receded by the following paragraph Pursuant to Axrz. REV. STAT. & 38-431.01(G). public comment is permitted not required) on matters not listed on the agenda. Any such comment (i) must be 9196.001\FHRules.of Proc. v45.doc 674917-03-1 within the jurisdiction of the Council and (ii) is subject to reasonable time. place �W and manner restrictions. 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 (i) respond to criticism. (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. Consent Agenda (preceded by the following explanatory paragraph) *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 Council Member or member of the public so requests. If a Council Member 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. Action Items (grouped by subject to the extent possible) Council Assessment and Review Council Discussion/Direction to Town Manager (Items to be-plaeed-enfor future agendas&gn.das) Summary of Council Requests by Town Manager Call to the Public (Non agenda item,0 Adjournment All Agendas shall have the following statement placed at the bottom: 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. DATE POSTED: TIME POSTED: A. Roll Call. Following the Call to Order and the Pledge of Allegiance, the Moment of Reflection and before proceeding with the business of the Council, the Presiding Officer shall direct the Town Clerk or authorized designee to call the Roll, and the names of Council Members both present and absent shall be entered into the minutes. The order of roll call shall be: Mayor, Vice Mayor and then Council Members from the Mayor's far right to the Mayor's far left. B. Mayor's Report. The Mayor may use "Mayor's Report" to announce appointment to committees, read proclamations, or conduct other ceremonial matters as listed on the posted Agenda. 9196.001THRules.of.Pr .v4-5alo 61_-1912-03-1 9 C. Scheduled Public Appearances/Presentations. The process set forth below applies members of the public or groups wishing to place an item on the Agenda under "Scheduled Public Appearances/Presentations". If the request is approved by the Town Manager, the item will appear on the agenda. D. Call to the Public. 1. All citizens and interested parties will be limited to a maximum of three minutes to address the Council on a non -Agenda item. In order to comply with State law, the Council may not discuss any issue raised at call to the public and not listed on the Agenda, except to thank the sneaker or direct the Town Manager to follow up on the matter and/or schedule it for a future public Meeting. 2. All citizens and interested parties wishing to speak before the Council shall fully complete a speaker's request form. 3. At the conclusion of all citizens' comments. the Presiding Officer may take any or all of the following actions: a. Thank speaker for addressing issue. b. Ask staff to review matter. C. Ask that a matter be put on a future Agenda. d. Permit individual Council Members to respond to criticism raised during the Call to the Public. DE. Consent A eg nda. 1. The Consent Agenda includes items that are of such a nature that discussion is not required, or issues that have been previously studied by the Council. These items may be adopted by one motion and a roll call vote. 2. There is no detailed discussion on items listed under the Consent Agenda, unless a member of the Council or any member of the public in attendance at the Meeting requests that an item or items be removed for discussion. Council Members or the public may not ask a question without removal of the item from the Consent Agenda. 3. Items removed from the Consent Agenda are considered in their normal sequence as listed on the Agenda, unless called out of sequence as provided under Section 1.4 above. E-F. Action Items. 9196.001\FHRu1es.oiPmc.v45.doc 6Z491Z-03-1 10 1. At the time each business item is presented to the Council, the Town staff shall present a report on the subject and the applicant, if any, may also speak. The Mayor or the Town Clerk will then call the speaker cards of those citizens desiring input and comments. All citizens and interested parties wishing to speak before the Council shall fully complete speaker's request forms and submit the forms to the Town Clerk, or designee, prior to eensider-ationCouncil discussion of that Agenda item. Sufficient speaker request forms shall be located in the Council Chamber's Lobby (the public entry area into the Chamber) and at the Town Clerk's position on the dais. The completed forms will be retained with the Agenda Packet material by the Town Clerk. Sneakers will be called in the order in which the sneaker cards were received. If a sneaker chooses not to sneak when called, such sneaker will be deemed to have waived his or her opportunity to sneak on that matter. 2. Those speaking before Council will be allowed three continuous minutes to address Council, but time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at a Meeting or (iii) the Mayor either prior to or during a Meeting. Sneakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. 3. The purpose of all public comments is to provide information and the speaker's views for Council consideration. It is not appropriate for the speakers to question directly, or debate the matter under consideration with staff, other speakers, the audience, or Members of the Council; all remarks will be addressed to the Presiding Officer and not to individual Council Members. All comments shall be addressed through the Presiding Officer who shall decide if any response is warranted and who, if anyone, shall address the concern. Council Members may request, upon recognition by the Presiding Officer, clarification of comments or materials presented by the speakers, any applicant's representatives or Town staff; provided, however, that no Council Member shall engage in debate directly with such speakers, representatives or Town staff. 4. Proper decorum must be observed by Members of the Council, by speakers in providing testimony and remarks and by the audience. In order to conduct an orderly business Meeting, the Presiding Officer shall keep control of the Meeting and shall require the speakers and audience to refrain from abusive or profane remarks, disruptive outbursts, applause, protests or other conduct that disrupts or interferes with the orderly conduct of the business of the Meeting. Personal attacks on Council i publie hearing or- other- Members, Town staff or members of the public are not allowed. Iris r'�'.iate to utilize a Agenda 9196.001\FHRules.of.Pr .v4$.doc 62 91Z-03-1 11 Engaging in such conduct, and failing to cease such conduct upon request of the Presiding Officer, will be grounds for wending a speaker's time at the podium-eF, ii at the direction of the Presiding Officer, feq--recessing the Meeting for a brief period or (iii) removal of any disruptive person from the Meeting. 5. Generally, Agenda items requiring public hearings, other than those of a quasi-judicial nature, shall be conducted in the following order: 9196.00M-Mules.of PPr .v4-5,doc 67-1917-03-1 a. The Presiding Officer will announce the matter that is set forth for a public hearing and, if appropriate, ask the staff to provide a report of the matter. b. The Presiding Officer will then ask the applicant to speak regarding the matter. C. At the conclusion of the staff report and/or presentation by the applicant, the Presiding Officer will open the public hearing for comments from the public. d. After all public comments are heard, the Presiding Officer will close the public hearing, and may ask staff or the applicant to respond to the comments. e. The Presiding Officer may then call for a motion and second, if applicable, and ask if Council wishes to discuss the issue. Council may then proceed to discuss the matter. f. Upon the conclusion of Council comment, the Presiding Officer will call for action on the motion. g. Exhibits, letters, petitions, and other documentary items presented or shown to the Council on a public hearing item become part of the record of the public hearing and shall be maintained by the Town Clerk. h. Ten collated sets of written or graphic materials should be provided by the speaker prior to the commencement of the hearing to allow for distribution to the Council, key Town staff and the Town Clerk for inclusion in the public record. Reduced copies (S 1/2' X 11") of large graphic exhibits should be provided as part of the sets of materials for distribution as provided above. The appropriate staff member shall be responsible to notify applicants of this requirement. 12 6. Questions or comments from the public shall be limited to the subject under consideration. Depending upon the extent of the Agenda and the number of persons desiring to speak on an issue, the Presiding Officer may, at the beginning of the Agenda item, limit repetitive testimony, but in no event to less than three minutes per topic. Upon approval of (i) the Presiding Officer or (ii) a majority of the Council, persons may be allowed to speak longer than three minutes. Council may ask the individual speaker questions through the Presiding Officer. 7. Quasi-judicial hearings shall be conducted in accordance with the principles of due process, and the Town Attorney shall advise the Council in this regard. FG. Council Assessment and Review. At the conclusion of the Action Items on the Agenda, Council Members may offer comments as to procedural strengths and weaknesses of the process of that Meeting. Council Members may offer suggestions tost+eamlineimnrove the Meeting process in the future. GH. Council Direction to Town Manager. At the conclusion of the Council Assessment and Review, the Council may give direction to the Town Manager to follow-up on matters presented at that Meeting or to bring an item before the Council on a future Agenda. HI. Summary of Council Requests by Town Manager. At the conclusion of the Council Direction to Town Manager, the Town Manager shall review with the Council all matters raised at that Meeting requiring follow-up from the Town Manager or Town staff. The Town Manager may also suggest timelines for such follow-un. 00 9196.001\FHRules.oEProc.v4.5.doc q-1912-03-1 13 J. Adjournment. The open, public Meetings of the Council may be adjourned by consensus of the Council. 5.3 SPECIAL MEETINGS A. As Substitute for Regular Meeting. If a special Meeting is being held in place of a regular Meeting, the Agenda shall be as set forth for a regular Meeting. B. Generally. For all other special Meetings, the Agenda shall be prepared in the following order: AGENDA Call To Order Roll Call Consent Agenda (if needed — explanatory paragraph same as regular Meeting) Action Items (grouped by subject to the extent possible) Adjournment 5.4 WORK SESSION MEETINGS The primary purpose of work session Meetings is to provide the Council with the opportunity for in depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor and Council to do so. The Presiding Officer may limit or end the time for such presentations. The work session Agenda shall be prepared in the following order: Call To Order Roll Call Work Session Statement (explanatory statement) All Items Listed Are For Discussion Only. No Action Can Or Will Be Taken. The primary purpose of work session Meetings is to provide the Town Council with the opportunity for in _depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the "d-Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor ..n�a�,.d nor the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. Agenda Items For Discussion (Items Numbered For Order) Adjournment 9196.001\FHRules.of Proc. v4-j.doc 674911-03-1 14 SECTION 6. PROCEDURES FOR CONDUCTING THE MEETING 6.1 CALL TO ORDER A Meeting of the Council shall be called to order by the Presiding Officer, (the Mayor or in his/her absence, by the Vice -Mayor). In the absence of both the Mayor and Vice -Mayor, the Meeting shall be called to order by the Town Clerk; whereupon, the Town Clerk shall immediately call for the selection of a temporary Presiding Officer. 6.2 PARTICIPATION OF PRESIDING OFFICER The Presiding Officer may debate from the Chair, subject only to such limitations of debate as are imposed on all Council Members, and he/she shall not be deprived of any of the rights and privileges of a Council Member by reason of his/her acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the Meeting. 6.3 QUESTION TO BE STATED The Presiding Officer shall verbally restate, or shall ask the Town Clerk to verbally restate each question immediately prior to calling for discussion andAW the vote. Following the vote, the Presiding Officer shall ask the Town Clerk or designee to verbally announce the results of voting, including the yeas, nays and abstentions. The Presiding Officer shall publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Formal votes shall not be taken at work sessions or executive sessions. 6.4 RULES/DECORUM/ORDER A. Points of Order. The Presiding Officer shall determine all points of order after consultation with the Parliamentarian, subject to the right of any member to appeal such determination to the whole Council. If any appeal is taken, the question (motion) shall be: "Shall the decision of the Presiding Officer be sustained?" In which event, following a second, a majority vote shall govern, and conclusively determine such question of order. B. Order and Decorum. 1. Council Members: Any Council Member desiring to speak shall address the Presiding Officer and, upon recognition by the Presiding Officer, may speak. 2. Employees: Members of the administrative staff and employees of the Town shall observe the same rules of procedure and decorum applied to members of the Council. The Town Manager shall ensure that all Town employees observe such decorum and will direct the participation of any 9196.001THRules.of.PR .v46.doc 624912-03-1 15 staff member in the discussion of the Council. The Town Manager shall first be recognized by the Presiding Officer prior to addressing the Council. Any staff member desiring to speak shall first be recognized by the Town Manager. 3. Public: Members of the public attending the Meetings shall observe the same rules of order and decorum applicable to the Council. Unauthorized remarks or demonstrations from the audience, such as applause, stamping of feet, whistles, boos or yells shall not be permitted by the Presiding Officer, who may direct a Public Safety Officer to remove such offender/s from the room. C. Enforcement of Decorum. Proper decorum is to be maintained during all Meetings by the Council, staff and guests. It is the responsibility of the Presiding Officer of the Meeting to ensure compliance with this Policy. The Presiding Officer shall request that a speaker refrain from improper conduct; if the speaker refuses, the Presiding Officer may end the speaker's time at the podium. If the speaker refuses to yield the podium after being asked to do so by the Presiding Officer, the Presiding Officer may i) recess the Meeting for a brief time direct a Public Safety Officer present at the Meeting to remove from the Meeting the person whose conduct is disorderly or disruptive. 6.5 TELECONFERENCE PROCEDURE Meetings may be conducted by teleconference as follows: A. Prior Notice. When a member of the Council is unable to attend a Meeting and desires to participate in the Meeting by telephone, the member shall be permitted to do so provided the member gives the Town Clerk, or designee, notice of his or her inability to be present at the Meeting at least 48 hours prior to the Meeting. B. Notation on Agenda. The notice of the Meeting and the Agenda shall include the following: "Council Members of the Town of Fountain Hills will attend either in person or by telephone conference call." C. Public Access. Facilities will be used at the Meeting to permit the public to observe and hear all telephone communications. D. Notation in Minutes. The Minutes of the Meeting shall clearly set forth which members are present in person and which are present by telephone. The Minutes shall also describe the procedures followed to provide the public access to all communications during the Meeting. 6.6 ADDRESSING THE COUNCIL A. Manner of Addressing the Council. 9196.001 \FHRules. of. Proc. v4.jdoc 61-1411-03-1 16 1. Any member of the public desiring to address the Council shall proceed to the podium after having been recognized by the Presiding Officer. There shall be no loud vocalization (shouting or calling out) from the seating area of the Council Chamber. At the podium, he/she shall clearly state his/her name and address for the record. 2. Special assistance for sight and/or hearing -impaired persons can be provided. Anyone requiring such assistance should contact the Town Clerk 48 hours before a Meeting to request an accommodation to participate in the Meeting. B. Limitation Regarding Public Comment and Reports. The making of oral communications to the Council by any member of the public during the "Call to the Public: (Non -Agenda Items)" or under an action item, shall be subject to the following limitations: 1. All citizens wishing to address the Council shall complete and submit a speaker's request form as set forth in Section 5.2.1-.F above. 2. The Presiding Officer may limit the number of speakers heard on non - Agenda topics at any single Meeting to allow the Meeting to proceed and end in a timely manner. 3. If it appears that several speakers desire to provide repetitive comments regarding a single topic, the Presiding Officer may limit the number of speakers. 14-01, C. Motions. 1. Processing of Motions: When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. 2. Precedence of Motions: When a motion is before the Council, no motion shall be entertained except the following, which shall have precedence in the following order: 9196.001THRules.of.Pr .v45-&c 62 441Z-03-1 a. Fix the time to adjourn b. Adjourn 17 C. Recess d. Raise a question of Privilege e. Table f. Limit or extend limits of debate g. Postpone to a certain time and date h. Amend i. Postpone Indefinitely j. Main Motion 3. Motion to Postpone Indefinitely: A motion to postpone indefinitely is used to dismiss an item on the Agenda. This motion is debatable, and because it can be applied only to the main question, it can, therefore, only be made while the main question is immediately pending (a motion and second is on the floor). This motion is commonly used to postpone an item until a more appropriate time. 4. Motion to Table: A motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen, in such a way that there is no set time for taking the matter up again. A motion to table shall be used to temporarily by-pass the subject. A motion to table shall not be undebatabledebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken from the table" at any time prior to the end of the next regular Meeting. 5. Motion to Limit or Terminate Discussion: Such a motion shall be used to limit or close debate on, or further amendment to, the main motion. This is referred to as "Call for the Question" and is the motion used to cut off debate and to bring the group to an immediate vote on the pending motion; it requires a two-thirds vote. The vote shall be taken by voice. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 6. Motion to Amend: 9196.001THRules.oEPR .,4-ldoc 6Z24912-03-1 a. A motion to amend shall be debatable only as the amendment. A motion to amend an amendment shall be in order, but a motion to amend an amendment to the amendment shall not be in order. b. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be in order. C. Amendments shall be voted on first, then the main motion as amended. 18 7. Motion to Continue: Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set only. D. Addressing the Council after Motion is Made. After the motion has been made, or after a public hearing has been closed, no member of the public shall address the Council without first securing permission from the Presiding Officer. E. Voting Procedure. After discussion has been concluded and the Mayor or Town Clerk has restated the motion under consideration, the following procedure shall apply: 1. Casting a Vote: a. In acting upon every motion, the vote shall be taken by casting a mechanical yes/no vote, voice, roll call or any other method as determined by the Presiding Officer, by which the vote of each member of the Public Body can be clearly ascertained and recorded in the Meeting minutes.. Upon the request of the Mayor or Council Member, the vote shall be taken by roll call. b. The vote on each motion shall be entered into the record by names of the Council Members voting for or against. The Record also shall include the names of any member not casting a vote by reason of being absent from the room at the time of the vote. C. If a Council Member has declared a Conflict of Interest and is absent during the roll call vote, the Town Clerk shall include "Absent for the Vote due to declared Conflict of Interest" in the Official Minutes as part of the results of the vote. d. If the roll call method of voting is used, the Town Clerk or designee shall call the names of all members in random order with each new vote. Members shall respond "Aye" or "Nay." 2. Failure to Vote: 9196.001\f Mules.ofProc.v4-$.doc 62-4312-03-1 a. All members of the Council in attendance of a duly called Meeting that requires formal Council action are required to vote. A member may abstain from voting only if he or she has a conflict of interest under State law, in which case such member shall take no part in the deliberations on the matter in question. 19 b. Should a Council Member fail to vote, his/her vote shall be counted with the majority of votes cast; however, in the event of a tie vote, his/her vote shall be counted as "Aye." 3. Reconsideration: Any member of the Council who voted with the majority may move a reconsideration of any action at the same or next regular Meeting. After a motion for reconsideration has once been acted upon, no other motion for reconsideration thereof shall be made without the unanimous consent of the Council. SECTION 7. CONFLICT OF INTEREST 7.1 INTRODUCTION Occasionally, a Council Member may find himself/herself in a situation which requires that Council Member remove himself/herself from participation in discussion and voting on a matter before the Council. This situation exists when the Council Member has a "conflict of interest" as defined by the Arizona Conflict of Interest Law. This law establishes minimum standards for the conduct of public officers and employees who, in their official capacity, are, or may become involved with, a decision which might unduly affect their personal interests or those of their close relatives. 7.2 PURPOSE OF CONFLICT OF INTEREST LAWS The purpose of Arizona's Conflict of Interest Law is to prevent self -dealing by public officials and to remove or limit any improper influence, direct or indirect, which might bear on an official's decision, as well as to discourage deliberate dishonesty. 7.3 APPLICABILITY OF THE ARIZONA CONFLICT OF INTEREST LAW The Arizona Conflict of Interest Law, as now set forth or as amended in the future, applies to all actions taken by Council Members. 7.4 DISCLOSURE OF INTEREST Any Council Member who may have a conflict of interest should seek the opinion of the Town Attorney as to whether a conflict exists under the State law. Any Council Member who has a conflict of interest in any decision must disclose that interest. The Council Member may either file a signed, written disclosure statement fully disclosing the interest, or declare the existence of the conflict and the reasons therefore at a Meeting and then ensure that a copy of the Minutes is filed in the Clerk's Office in the file containing conflict of interest disclosures. The Disclosure of the conflict shall include a statement that the Council Member withdraws from further participation regarding the matter. The Town Clerk shall maintain for public inspection all documents necessary to memorialize all disclosures of a conflict of interest by a Council Member. 9196.001THRules.of.Pro .v45.doc 624912-03-1 20 „ 7.5 WITHDRAWAL FROM PARTICIPATION Having disclosed the conflict of interest and withdrawn in the matter, the Council Member must not communicate about the matter with anyone involved in the decision making process in any manner. Further, the Council Member should not otherwise attempt to influence the decision and should remove himself/herself from the Council Chamber, or other location where a meeting is being held, while the matter is considered. Failure to disclose any conflict of interest is addressed in Section 7.8 below. 7.6 RULE OF IMPOSSIBILITY In the unlikely situation the majority of Council Members have a conflict of interest and the Council is unable to act in its official capacity, Members may participate in the Council's decision after making known their conflicts of interest in the official records. 7.7 IMPROPER USE OF OFFICE FOR PERSONAL GAIN Public officers and employees are prohibited from using or attempting to use their official positions to secure valuable things or benefits for themselves, unless such benefits are impart of the compensation they would normally be entitled to for performing their duties or (ii) otherwise permitted according to State Law. 7.8 SANCTIONS FOR VIOLATIONS Violations of the conflict of interest provisions set forth herein shall be punished as provided for in State law. 7.9 NON -STATUTORY CONFLICTS OF INTEREST Occasionally, a Council Member may feel that he/she should ethically refrain from participation in a decision even though the circumstances may not amount to a conflict of interest under the State law described above. It is the policy of the Council to encourage Council Members to adhere to strongly held ethical values which are exercised in good faith. However, subsection 6.6.E.2 above encourages participation in the decision making process unless the matter involves a statutory conflict of interest set forth by State law. Therefore, failure to vote on a matter for any reason other than a conflict of interest under State law shall be considered a vote cast with the majority or, if no majority exists, it shall be considered an "aye” vote. SECTION 8. CODE OF ETHICS Section 8 is reserved for a Future Code of Ethics which is anticipated to be adopted by the Town after due deliberation. 9196.001THRules.of. .v4-$.doc 674#17-03-1 21 vft. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:® Regular:❑ Meeting Date: 8/7/03 Contact Person: Tim Pickering Requesting Action:® Tvae of Document Needint, Anuroval (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 Annrooriate 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 2003-41, recognizing the importance of tourism and adopting the vision of Fountain Hills as a first class destination. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: The Tourism Council, during their budget presentation to the Town Council in June, requested that the attached resolution be passed by the Town Council. List All Attachments as Follows: Resolution 2003-41 Type(s) of Presentation: none Signatures of Submitting Staff: Department Head -�/off Town Manager / Designee \\earth\sstein\agenda cover sheet\tourismreso.doc Budget Review (if item not budgeted or exceeds budget amount) RESOLUTION NO. 2003-41 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, RECOGNIZING THE FOUNTAIN HILLS TOURISM COUNCIL AS THE TOWN'S OFFICIAL TOURISM ENTITY AND DECLARING THE TOWN OF FOUNTAIN HILLS' VISION OF BECOMING A FIRST CLASS TOURIST DESTINATION. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") envisions the Town of Fountain Hills (the "Town") as a first class tourist destination; and WHEREAS, the Town Council recognizes the importance of promoting tourism through destination marketing; and WHEREAS, the Fountain Hills Tourism Council (the "Tourism Council") is comprised of qualified individuals experienced with destination marketing; and WHEREAS, the Town Council desires to recognize the Tourism Council as the Town's official tourism entity and declare the Town's vision of becoming a first class tourist destination. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Tourism Council is hereby recognized as the Town's official tourism entity. SECTION 2. That it is the Town's vision to become a first class tourist destination. SECTION 3. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to carry out the intent of this Resolution. PASSED AND AI Arizona, August 7, 200,a;' FOR THE—TOWNOF FOUNT W. J. 9196.001\. Resolutions\ Tourismros.dm 7-29-03-1 BY the Mayor and Council of the Town of Fountain Hills, HILLS: ATTESTED TO: tT,,rL#jjj, � i APPROVED AS TO FORM: ') I ALv Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Parks and Recreation Consent:® Regular: ❑ Meeting Date: August 7, 2003 Contact Person: Mark Mayer 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 ❑ SpeciaUTemp Use Permit ❑ Other: Council Prioritv (Check ADnroDriate 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: Consider Acceptance of a donated art piece for public display at Fountain Park from the Public Art Committee of the Arts Council Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: The Public Art Committee of the Arts Council has previously donated a piece of art, a bronze desert tortoise, for public display in Fountain Park. This piece is currently located in front of the Control Building adjacent to the main parking area. The group has located a second piece, a frog, that they would like to also locate in the park. The group is seeking Town Council approval to accept the piece and have it placed in Fountain Park. The piece is approximately half the size of the previously donated tortoise, and upon approval would be relocated to the site within a very short timeframe. List All Attachments as Follows: Picture of art piece Type(s) of Presentation: None Signatures of Submitting Staff: Department Head 3e o 3 Town Nranager Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Subnutting Department: Public Works Consent.:❑ Regular:® Meeting Date: 8/7/03 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:F® T 6t ' if°Document"Ne6dine�Apnroval (Check all that apnl ❑ 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 (Ghee% AnDroDnate 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 200343 accepting a DEVELOPMENT AGREEMENT with Palatial Developments, LLC, for "Palatial Estates", a proposed 30-acre, 19-lot single-family residential subdivision located on the north side of Shea Boulevard, west of Fountain Hills Boulevard. Approve Fiscallmpact: No Purpose ofIte"ii "fan&:aBackZroufiif T forimation On August 1, 2002, the Town Council approved the preliminary plat for "Palatial Estates", with the stipulation that the developer and Town enter into a development agreement to permit exceptions to the Subdivision Ordinance and agree to the off -site improvements to be provided by the developer. The proposed development agreement includes all of the exceptions to the Subdivision Ordinance approved with the preliminary plat and also includes an alternative hillside preservation methodology, an entry monument and signage feature located with in the Shea Blvd. right of way, a gated entry and a private interior roadway. Please see the attached site plan and staff report for further details. Staff Report; Development Agreement; Subdivision Application; Approved and Proposed Preliminary Plats Type(s)4Presentation` Powerpoint Signatures of Submitting Staff.- Departinent HeadI Town Manager /Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING DIVISION TOWN COUNCIL MEMO TO: The Honorable Mayor and Town Council DT: July 31, 2003 FR: Dana Burkhardt, Senior Planner RE: Resolution No. 2003-43; Palatial Estates Development Agreement LOCATION: The unplatted parcel of land located north of Shea Blvd., west of Fountain Hills Blvd., and east of the Fountain Hills Resort property. REQUEST: Consideration to approve resolution 2003-43; the Development Agreement for the "Palatial Estates" preliminary plat, a 19 lot single family residential subdivision. OWNER: Town Lake Enterprises & Palatial Development APPLICANT: Jerry Fandytis EXISTING ZONING: "R1-43" & "RI-8" Single Family Residential Zoning Districts PARCEL SIZE: 30 acres SURROUNDING LAND USES AND ZONING: NORTH: Chaparal City Water Company Parcels 11, 12, 13, and an unplatted MCO Properties parcel; zoned "R1-8 & R1-43" SOUTH: Shea Blvd; zoned "R1-43" & Firerock Country Club Golf Course; zoned "OSR-1" EAST: Unsubdivided MCO property; zoned "R-3" WEST: Westridge Village Parcel C; zoned "OSR" SUMMARY: On August 1, 2002, the Town Council approved the preliminary plat for "Palatial Estates", with amended stipulations. Upon approval of the preliminary plat, the Town Council stipulated, among other things, that the developer and Town enter into a development agreement to permit exceptions to the Subdivision Ordinance and agree to the off -site improvements to be provided by the developer. The developer, after further review of the site, has requested some modifications to the preliminary plat. The modifications include extending the Palatial Drive cul-de-sac to the east by approximately 250 lineal feet to accommodate wider lot frontages. The developer proposes the same amount of lots (19) as approved with the preliminary plat, but has reconfigured Lot 4 to the west of Palatial Drive, provided a cul-de-sac to service lots 1 thru 4, and widened the majority of the lot frontages to permit the development of larger homes. The proposed Development Agreement includes all of the exceptions to the Subdivision Ordinance approved with the preliminary plat and also includes an alternative hillside methodology, an entry monument and signage feature located with in the Shea Blvd. right-of- way, a gated entry, and a private interior roadway. EVALUATION: Alternative Hillside Methodology: The approved preliminary plat provides a lineal hillside protection easement boundary, in conformance with the hillside preservation ordinance. Upon redesigning the lots to maintain a larger average lot size than formerly approved, the developer has requested to provide an in lieu payment for additional disturbance area for this project. The Town has been consistent with the policy to permit commercial and resort developments to purchase and transfer required hillside protection areas to the Town owned McDowell Mountain Preserve property. The purpose of this policy is to encourage and attract long term revenue sources such as retail and resort developments to expand and diversify the Town's economic and employment base. Residential developments such as Palatial Estates do not have a great impact on Town's economic base, and only provide a one-time income source from the construction and development of the subdivision. The proposed hillside methodology allows for 100% disturbance of all slopes less than 10% gradient, as is allowed by the hillside preservation ordinance. The existing hillside preservation ordinance allows for the disturbance of 30% of all slopes between 10-20% gradient, 20% of all slopes between 20-30% gradient, and 10% of all slopes greater than 30% gradient. The hillside preservation ordinance exempts the disturbance necessary for roadway construction and public utility disturbance necessary to service other projects. The remaining areas must be preserved with a Hillside Protection Easement. This development agreement proposes to aggregate the allowed disturbance areas of the hillside preservation ordinance. Basically, the developer may disturb all slopes less than 10%, and the allowed hillside disturbance for slopes greater than 10% are aggregated into one amount, which the developer may distribute amongst the lots within this subdivision. This methodology provides for a lot -by -lot disturbance similar to Firerock Country Club, Shadow Canyon at Sunridge Canyon, and the mountain plats. Staff suggests this methodology because it encourages sensitive custom home development by establishing limited building/disturbance envelopes that offer flexibility for design to the future property owners. The primary difference between this methodology and the hillside preservation ordinance is that the end product creates isolated pockets of disturbance within a greater contiguous non -disturbance area, rather than clustered areas of disturbance on hillsides, such as Westridge Village located to the west of this site. With this agreement, the developer would provide a net hillside disturbance area for each lot on the final plat. At time of building permit, the property owner will provide a slope analysis identifying all slopes less than 10%, then show a disturbance boundary that does not exceed the allotted hillside disturbance area for that lot. Prior to building permit issuance the property owner will provide the Town with a grant of hillside protection easement over all undisturbed areas of the lot. If the Town Council has concerns that this methodology is not meeting the intent of preserving the steeper slopes, the majority of the slopes are between 10-20% gradient with very small isolated pockets of slopes greater than 30%, which are located in areas that will likely not be disturbed. After this project is developed, the visual difference this methodology would create from the approved preliminary plat is that there will be pockets of disturbance from the individual home construction, as in Firerock Country Club, rather than a delineated and contiguous disturbance boundary along the hillside on the north side of Shea Boulevard, similar to Westridge Estates. Palatial Drive: The developer has requested two design changes from the preliminary plat; (1) to lengthen the Palatial Drive cul-de-sac by approximately 250 lineal feet to accommodate the expanded lot frontages, and; (2) to provide a second short cul-de-sac bulb to service lots 1 thru 3 and possibly 4. Staff does not have any issues with extending the Palatial Drive cul-de-sac by 250 feet. Fire hydrant locations and other utilities in the roadway would be revised with the Final Plat. Staff believes the second cul-de-sac bulb is a superior design to the common access driveway approved with the preliminary plat. The cul-de-sac provides the area to meet the minimum required frontage widths of the zoning districts in which the lots are located. Shea Boulevard Improvements: The developer has agreed to provide all necessary Shea Blvd. improvements as discussed and stipulated by the Town Council with the preliminary plat. The developer has requested the Town agree to permit the development of an entry feature within the Shea Blvd right-of-way due to the expansive setback from the Shea curb to the property line. The entry feature consists of 3.5 foot maximum height landscape walls with berming and extraordinary landscaping along with a subdivision identification sign mounted on the walls, illuminated with low voltage landscape lighting. In addition, the developer has also requested that Palatial Drive be owned and maintained privately and secured by a gated entrance. Staff believes that the landscaped entry feature may enhance the Shea Blvd. corridor, and has no objection to this request. Staff believes that a gated entry would be appropriate for this project to provide additional security to the Chaparral City Water Company and Central Arizona Project treatment facility accessed from Palatial Drive, as well as provide a sense of security for the residences. Due to the property location and exposure to the highly traveled Shea Blvd., Staff believes that a gated entry would be appropriate. RECOMMENDATION: ENDATION: Staff recommends approval of Resolution No. 2003-43, the Development Agreement for "Palatial Estates" preliminary plat. RESOLUTION NO.2003-43 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING TO PROPERTY LOCATED AT THE NORTHWEST CORNER OF SHEA BOULEVARD AND FOUNTAIN HILLS BOULEVARD, ENCOMPASSING APPROXIMATELY 30 ACRES OF LAND. WHEREAS, the Mayor and Council of the Town of Fountain Hills desires to enter into a development agreement (the "Agreement") between the Town of Fountain Hills (the "Town"), Palatial Developments, L.L.C. ("Palatial") and Town Lake Enterprises, L.L.C. ("Town Lake") (collectively, Palatial and Town Lake are referred to herein as the "Developers") pursuant to A=. REv. STAT. § 9-500.05; and WHEREAS, the proposed Agreement pertains to property located at the northwest corner of Shea Boulevard and Fountain Hills Boulevard (the "Property"); and WHEREAS, the Agreement is consistent with the Town's adopted General Plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That the Agreement is hereby approved in the form attached hereto as Exhibit A. 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, August 7, 2003. FOR TH N FOUNTAIN HILLS: ATTESTED TO: W. J. Nic ls, Mayo Bevelyn J. Be er, wn Clerk REVIEWED BY: APP OVED AS TO FORM: � � t Tim G. Pickering, Town Mana Andrew J. McGuire, Town Attorney 9196.00 1 Talatial Est. DA.res.d 8-1-03-1 /// WHEN RECORDED, RETURN TO: ATTENTION: TOWN CLERK TOWN OF FOUNTAIN HiLLs 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this "Agreement") is entered into August 7 2003, by and between the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation (the "Town"), TOWN LAKE ENTERPRISES, L.L.C., an Arizona limited liability company ("Town Lake") and PALATIAL DEVELOPMENTS, L.L.C., an Arizona limited liability company ("Pal ati al")(collecti vely, Town Lake and Palatial are referred to herein as the "Developers"). RECITALS A. The Developers are the owners of certain real Property located near the northwest corner of Shea Boulevard and Fountain Hills Boulevard within the Town of Fountain Hills, Arizona consisting of approximately 30 acres, as more particularly described in Exhibit A, attached hereto and incorporated herein by reference (the "Property" or the "Project"). B. The Developers and the Town are entering into this Agreement pursuant to the provisions of AR1z. REV. STAT. § 9-500.05 in order to facilitate the development of the Property by providing for, among other things, conditions, terms, restrictions and requirements for the construction and installation of infrastructure improvements, amended subdivision development regulations and any and all other matters set forth within the body of this Agreement and as more particularly identified and described on the Preliminary Plat for the Property approved August 1, 2002, prepared by HTPO Engineers and Surveyors, Inc. (the "Preliminary Plat"), attached hereto as Exhibit B and incorporated herein by reference, including any changes thereto as set forth in this Agreement. C. The Town acknowledges that the development of the Property pursuant to this Agreement will result in significant benefits to the Town and its residents by providing off -site improvements and perpetual maintenance within the Shea Boulevard rights -of -way, as set forth herein. AGREEMENT NOW, THEREFORE, IN CONSIDERATION of the foregoing and the mutual promises and agreements set forth herein, the parties hereby agree as follows: 1. Development Standards. �w 1.1 The various exhibits attached hereto and this Agreement collectively 9196.010\Palatial Estates DA.v6.doc 8-1-03-2 constitute a "Plan of Development" which includes modifications to the Town of Fountain Hills Subdivision Ordinance (the "Subdivision Ordinance"). It is the intent of the parties that the development be constructed in accordance with the Preliminary Plat as approved and as further amended by the terms of this Agreement. This Agreement is limited in scope in that its sole purpose is to allow for a limited set of modifications to the Subdivision Ordinance, as set forth herein. 1.2 The parties hereby agree and understand that, subsequent to the execution of this Agreement, and based upon the Town's review and due consideration, including without limitation, the conduct of the requisite public hearings, the Town Council shall consider approval of a final plat for the Property that includes the deviations from the Subdivision Ordinance permitted herein. 1.3 The approval of the Town of the Preliminary Plat and this Agreement constitute affirmative representations by the Town, on which the Developers are entitled to rely, that: a. The Developers shall be entitled to develop the Property in accordance with the Preliminary Plat and the deviations from the Subdivision Ordinance contained thereon and in this Agreement. b. The Town, having exercised its discretion in approving the Preliminary Plat, agrees to cooperate reasonably in processing such permits, specifications, and/or other development approvals of or for the Property as may be requested by Developers in order to implement, and which are consistent with, the Preliminary Plat, provided that Developers comply with all applicable rules and regulations and pays all applicable permit and application fees. 2. Density. Developer shall be permitted to develop no more than 19 single-family lots on the Property, comprised of seven lots within the R1-43 Single-family Zoning District and 12 lots within the R1-8 Single-family Zoning District. 3. Palatial Drive Improvements. 3.1 The parties acknowledge that Subdivision Ordinance § 305 limits the maximum length of cul-de-sac streets and the number of lots served by such cul-de-sac streets. The Town and the Developers agree that the Developers shall be allowed to deviate from such provisions to allow for a total cul-de-sac length of 1852 feet (+194 feet for as limited collector and +1658 feet as hillside local) and 19 lots. 3.2 The parties acknowledge that Subdivision Ordinance §§ 305(B)(1)(d) and 305(B)(1)(e) provide maximum street grades for short road sections less than 400 feet long to exceed 12 percent gradient, but not to exceed 15 percent gradient. The Town and the Developers agree that, to reduce the amount of new land disturbance and utilize the existing Chaparral City Water Company ("CCWC") road alignment, the Developers shall be allowed to deviate from such provisions in order 9196.010\Palatial Estates DA.v6.doc 8-1-03-2 FA to construct Palatial Drive in accordance with the Preliminary Plat. 4. Shea Boulevard Improvements. 4.1 The Town and the Developers agree that the ultimate development of the Property will require improvements to the Property including, but not limited to, off -site paving, landscaping, grading and drainage improvements to the existing Shea Boulevard public right-of-way. The adopted Preliminary Plat and stipulations thereto specify the extent to which the Developers are required to construct such off -site improvements. 4.2 As a condition precedent to the approval of the Final Plat, Developers, their successors or assigns shall also be responsible at their sole cost and expense to provide: a. A left turn -in pocket lane/median cut from Shea Boulevard providing access to Palatial Drive. The corresponding deceleration lane taper lengths shall be designed as recommended by the traffic report dated June 14, 2002, by Kimley Horn, as modified by the Town Council on August 1, 2002, to take into consideration a 60 mph design speed. b. A right -in and right -out turn lane to provide access from Palatial Drive to westbound Shea Boulevard, the design and specifications of which have been agreed upon between the Town Engineer and Developers as described on Exhibit C, attached hereto and incorporated herein by this reference. C. Installation and perpetual maintenance of all landscaping and necessary irrigation within the public right-of-way lying between the northern curb of Shea Boulevard the edge of the Property (the "Landscape Area"). The Town and the Developer agree and understand that the Developer will be installing additional landscaping only along that portion of the Landscape Area lying 220 feet to the east and 220 feet to the west of Palatial Drive. d. The construction of an eight foot meandering sidewalk along the entire curbed -length of the Developers' improvements to Shea Boulevard (approximately 450 lineal feet). In lieu of actual construction of said sidewalk, Developers may, prior to issuance of a building permit for any single family home on the Property, (i) contribute $22,800.00, or such lesser amount as approved by the Town Manager, or authorized designee, at his sole discretion; provided that such amount has been proven to be sufficient to fully compensate the Town to offset the cost to the Town to complete such construction at a later date or (ii) provide the Town with a performance bond in the amount of $22,800, in a form acceptable to the Town. If the Developer chooses to provide the Town with the aforementioned bond, such bond shall be maintained in full force and effect for a period of five years from the date of this Agreement. 4.3 In consideration of its perpetual maintenance of the landscaping within the Shea Boulevard public right-of-way, as set forth in paragraph 4.2 (c) above, the Developers are hereby permitted to (i) locate and construct entry monument walls and permanent subdivision 9196.010\Palatial Estates DA.O.doc 8-1-03-2 identification signage within the Shea Boulevard right-of-way, as depicted on Exhibit D, attached hereto and incorporated herein by reference and (ii) locate and construct an electrical gate to create a private street along Palatial Drive; provided, however, that Developers shall grant (a) the Town perpetual easement over and across Palatial Drive for access to public facilities located within the Property, a notation of such access easement shall be included on the Final Plat of the Property and (b) CCWC a perpetual easement for access to its water facilities located adjacent to the Property, a notation of such access easement shall be included on the Final Plat of the Property. 5. Hillside Disturbance. 5.1 The Property contains 134,601 sq. ft. of disturbance allowed on land with slopes between 10% and 20%; 82,449 sq. ft. of disturbance allowed on land with slopes between 20% and 30%; and 6,366 sq. ft. of disturbance allowed on land with slopes in excess of 30%, for a total of 223,416 sq. ft. of disturbance allowed for all land with a slope of greater than 10% (the "Total Disturbance Allowance"); the remaining area of the Property in excess of 10% slope must remain undisturbed (the "Nondisturbance Requirement"). The Town and the Developers agree and acknowledge that the provisions governing hillside disturbance for slopes in excess of 10% as set forth in Subdivision Ordinance § 504 would impair the development of the Property in accordance with the Preliminary Plat. Therefore, the Town and the Developers agree that the Total Disturbance Allowance shall be distributed across the Property for areas with slopes in excess of 10% as follows: 5.2 The portion of the Total Disturbance Allowance to be allocated to each lot (each a "Disturbance Allowance") shall be calculated by the Developers. The Nondisturbance 4r Requirement for the balance of each lot shall be the total area of the lot, less the Disturbance Allowance calculated by the Developers for such lot. The Town shall have the right to verify and approve such calculations. 5.3 Developer shall be solely responsible for calculating such Disturbance Allowance as permits development of each lot, as may be required by Subdivision Ordinance Section 308 (B). The calculated Disturbance Allowance and estimated Non Disturbance Requirement acreages for each such lot shall be set forth on the final plat for the Property. The estimated Nondisturbance Requirement acreage for each such lot shall be credited toward the total Nondisturbance Requirement for the Property. In the event the parties agree that pockets of "significant vegetation" or formations of "significant rock outcroppings," as defined in Subdivision Ordinance Section 602, Developer shall dedicate to the Town hillside protection easements covering such pockets of "significant vegetation" or formations of "significant rock outcroppings" within such lot. Any such dedicated area shall not affect the Disturbance Allowance for such lot, and shall be credited toward the Nondisturbance Requirement for such lot. 5.4 The Disturbance Allowance within a lot may be located within any reasonable area of the lot, as established by the site plan approved by the Town in connection with building permit issuance. The property owner of each lot shall, prior to the issuance of the building permit for such lot, dedicate to the Town a hillside protection easement covering the Nondisturbance Requirement for such lot for such portions thereof where the Disturbance Allowance is not located. 9196.010\Palatial Estates DA.v6.doc 8-1-03-2 GI 5.5 In the event the actual Disturbance Allowance within a lot, as established by the site plan approved by the Town in connection with building permit issuance, is less than the calculated Disturbance Allowance for such lot set forth on the applicable final plat. The unused Disturbance Allowance may be reasonably allocated by Developer among any other lots within the Property. In the event the actual Nondisturbance Requirement for a lot, as established by recorded hillside protection easement is more than the estimated Nondisturbance Requirement acreage for such lot set forth on the applicable final plat, the excess Nondisturbance Requirement may be reasonably allocated by Developer among any lots within the Property. Developer shall have the same rights with respect to such reallocated Disturbance Allowance or Nondisturbance Requirement, as with any other Disturbance Allowance or Nondisturbance Requirement. 5.6 The parties acknowledge that any additional disturbance area required to accomplish the following shall not be deducted from the Disturbance Allowance for the Property: a. Rounding the points where cut slopes meet natural grade to blend undisturbed terrain and avoid a "sharp edge" appearance. b. Revegetation of disturbed areas of a lot with reasonably similar intensity and type of plant material as growing within the adjacent undisturbed areas. 6. Cooperation and Alternative Dispute Resolution. 1 6.1 Appointment of Representatives. To further the commitment of the parties to cooperate in the implementation of this Agreement, upon the request of either of the Developers or the Town, the Town and the Developers each shall designate and appoint a representative to act as a liaison between the Town and its various departments and the Developers. The initial representative for the Town (the "Town Representative") shall be the Zoning Administrator, and the initial representative for the Developers shall be its Project Manager, as identified by the Developers from time -to -time (the "Developers' Representative"). The representatives shall be available at all reasonable times to discuss and review the performance of the parties to this Agreement and the development of the Property pursuant to the Plan of Development. 6.2 Default. Failure or unreasonable delay by either of the parties to perform or otherwise act in accordance with any term or provision of this Agreement for a period of 30 days (the "Cure Period") after written notice thereof from the other party, shall constitute a default under this Agreement. Said notice shall specify the nature of the alleged default and the manner in which said default may be satisfactorily cured, if possible. In the event such default is not cured within the Cure Period, the non -defaulting party shall have all rights and remedies, which may be available at law or in equity. 7. Notices and Filings. 7.1 Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, 9196.010\Palatial Estates DA.v6.doc 8-1-03-2 registered or certified, return receipt requested, to the address set forth below, (iii) given to a recog- nized and reputable overnight delivery service, to the address set forth below or (iv) delivered by facsimile transmission to the number set forth below: The Town: Town Clerk Town of Fountain Hills 16838 East Palisades Boulevard Fountain Hills, Arizona 85268 With a copy to: Jorden, Bischoff, McGuire & Rose, P.L.C. 7272 E. Indian School Rd., Suite 205 Scottsdale, AZ 85251 Facsimile: 480-505-3901 Attn: Andrew J. McGuire, Esq. The Developers: Town Lake Enterprises, L.L.C. 12004 North Sundown Scottsdale, Arizona 85260 Attn: Jerry Fandytis Palatial Developments, L.L.C. 12004 North Sundown Scottsdale, Arizona 85260 Attn: Jerry Fandytis With a copy to: Beus Gilbert P.L.L.0 4800 North Scottsdale Road Scottsdale, AZ 85251-7630 Attn: John E. Rooney, Esq. or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this paragraph 15. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, registered or certified, properly addressed, with sufficient postage, (iii) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day, or (iv) when received by facsimile transmission during the normal business hours of the recipient. If a copy of a notice is also given to a party's counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice General. 8.1 Waiver. No delay in exercising any right or remedy shall constitute a waiver 9196.010\Palatial Estates DA.v6.doc 8-1-03-2 no thereof, and no waiver by the Town or the Developers of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. 8.2 Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 8.3 Exhibits. Any exhibit attached hereto and the documents constituting the Plan of Development, shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof. 8.4 Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. Without limiting the generality of the foregoing, the Town shall cooperate in good faith and process promptly any request and applications for final plat or permits or approvals or revisions relating to the development of the Property by the Developers and their successors. 8.5 Time of Essence and Successor. Time is of the essence of this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof. Notwithstanding the foregoing, the Developers' rights and obligations hereunder may only be assigned by a written instrument, approved by the Town Council and recorded in the official Records of Maricopa County, expressly assigning such rights and obligations. In the event the Town Council approves a complete assignment of the Developers' rights and obligations hereunder, Developers' liability hereunder for acts occurring after the date of the assignment shall terminate effective upon the assumption by Developers' assignee. 8.6 Term. The term of this Agreement shall commence on the date first set forth above and shall remain in full force and effect for a period of five years thereafter. 8.7 Termination Upon Sale to Public. The Town and the Developers hereby acknowledge and agree that this Agreement is not intended to and shall not create conditions or exceptions to titles or covenants running with the Property. Therefore, in order to alleviate any concern as to the effect of this Agreement on the status of title to any of the Property, notwithstanding anything contained herein to the contrary, this Agreement shall terminate without the execution or recordation of any further document or instrument as to any lot which has been finally subdivided and individually (and not in "bulk") leased (for a period of longer than one year) or sold to the end purchaser or user thereof. 8.8 No Partnership; Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership, joint venture or other arrangement between the Developers and the Town. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action 9196.010\Palatial Estates DA.v6.doc 8-1-03-2 7 hereunder. 8.9 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. 8.10 Amendment. No change or addition is to be made to this Agreement except by a written amendment executed by the parties hereto. Within ten days after any amendment to this Agreement, such amendment shall be recorded in the official Records of Maricopa County. 8.11 Good Standing and Authority. Each of the parties represents and warrants to the other (i) that it is duly formed and validly existing under the laws of Arizona, duly qualified to do business in the State of Arizona and in good standing under the applicable state laws and (ii) the individual(s) executing this Agreement on behalf of the respective parties are authorized and empowered to bind the party on whose behalf each such individual is signing. 8.12 Severability. If any provision of this Agreement is declared void or unenforceable, such provision shall be severed from this Agreement, which shall otherwise remain in full force and effect. If an applicable law or court of competent jurisdiction excuses the Town from undertaking any contractual commitment to perform an act hereunder, this Agreement shall remain in full force and effect, but the provisions requiring such action shall be deemed to permit the Town to take such action at its discretion. If, however, the Town fails to take the action required hereunder, the Developers shall be entitled to terminate this Agreement. 8.13 Governing Law. This Agreement is entered into in Arizona and shall be construed and interpreted under the laws of Arizona. In particular, this Agreement is subject to the provisions of Aluz. REV. STAT. §38-511. 8.14 Recordation. This Agreement shall be recorded in the Official Records of Maricopa County no later than ten days after this Agreement is executed by the Town and the Developers. 8.15 No Developers Representation. Nothing contained herein or the Plan of Development shall be deemed to obligate the Developers to commence construction on or complete any part or all of the development of the Property; provided, however, any development that is undertaken by the Developers shall be done in accordance with this Agreement and the Plan of Development. [SIGNATURES ON FOLLOWING PAGE] 9196.010\Palatial Estates DA.v6.dcc 8-1-03-2 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. "Town" TOWN OF FOUNTAIN HELLS, an Arizona municipal corporation r J. ATTEST: W 0 UP. -Ma WPkA--%-: -02J.'d :�• A 9196.010\Palatial Estates DA.v6.doc 8-1-03-2 9 "Developers" TOWN LAKE ENTERPRISES, L.L.C., an Arizona limited liability company N Title: i•s PALATIAL DEVELOPMENTS, L.L.C., an Arizona limited liability company FIR N, Ti ACKNOWLEDGMENTS STATE OF ARIZONA ) ) ss. County of Maricopa ) SUBSCRIBED AND SWORN to before me this day of f, 2003 by W.J. Nichols, the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, by and on behalf of the Town. WOFFICIAL SEAL Notary Pub !i 4.W&E otary Public -State of Arizona MARICOPA COUNTY y comm. expires Aug, 28, 2= STATE OF ARIZONA ) ) ss. County of Maricopa ) SUBSCRIBED AND SWORN to before me this � day of UJ 2003 by yze rr y =a )S4/VaYTis the of TOWN LAKE ENTERPRISES, L.L.C., an Arizona limited liability company, by and on behalf of the company. /Jf V Notary Public My Commission Expires: �lG 14�7.5- STATE OF ARIZONA ) ) ss. County of Maricopa ) OFFICIAL7rizona SUSAN M. Notary Public -S MAFUCOPAMy corn. QXPIM SUBSCRIBED AND SW RN to before me this`S 7- day of S , 2003 by the of PALATIAL DEVELOPMENTS, L.L.C., an Arizona limited liability company, by and on behalf of the company. , Notary Public My Co mission Expires: (W 9196.010\Palatial Estates DA.0.doc 8-1-03-2 10 OFFICIAL SEAL SUSAN M. DEGLER Notary Public - State of Arizona MARiCOPA COUNTY My corn. exPl June 6, 2005 9196.010\Palatial Estates DA.v6.doc 8-1-03-2 EXHIBIT A [Legal Description] 11 LEGAL DESCRIPTION A part of the South half of Section 21 and a part of the North half of Section 28, all in Township 3 North. Range 6 East of the Gila and Salt River Base and Meridian, Maricopa County, Arizona, more particularly described as follows: BEGINNING at the Southwest corner of the Reservoir Site described in Document No. 850226260, records of Maricopa County, Arizona; Thence North 90 degrees 00 minutes 00 seconds East a distance of 600.00 feet; Thence North 00 degrees 00 minutes 00 seconds East a distance of 231.71 feet; Thence departing said Site, South 75 degrees 00 minutes 00 seconds East a distance of 1122.07 feet; Thence South 28 degrees 16 minutes 00 seconds East a distance of 455.59 feet to the northerly right of way line of Shea Boulevard; Thence South 84 degrees 55 minutes 47 seconds West along said line a distance of 2793.04 feet; Thence departing Shea Boulevard North 05 degrees 04 minutes 13 seconds West a distance of 177.77 feet; Thence North 78 degrees 20 minutes 00 seconds East a distance of 744.82 feet; Thence North 24 degrees 00 minutes 00 seconds East a distance of 415.00 feet to the POINT OF BEGINNING; EXCEPT all oil, gases and other hydrocarbon substances, coal, stone, metals, minerals, fossils, and fertilizers of every name and description, together with all uranium, thorium, or any other material which is or may be determined to be particularly essential to the production of fissionable materials, whether or not of commercial value, in, on or under the Property, and EXCEPT all underground water in, under or flowing through the Property and water rights appurtennant thereto. SURVEYORS CERTIFICATION: THIS IS TO CERTIFY THE SURVEY AND SUBDIVISION PREMISES DESCRIBED AND PLATTED HEREON WERE MADE UNDER MY DIRECTION DURING THE MONTH OF JULY, 1999, THAT THE PLAT IS CORRECT AND ACCURATE, THAT THE MONUMENTS SHOWN HEREON HAVE BEEN LOCATED OR ESTABLISHED AS DESCRIBED AND THAT LOT CORNERS HAVE BEEN PERMANENTLY SET. HAR LD BEABOUT RL —� S 33853 HTPO, INC. 16743 E. PALISADES BLVD., SUITE 203 FOUNTAIN HILLS, AZ 85259 (480) 836-0535 FICAT\ 33853 0 HAROLD E.' BEA OUT "Vale,2• EXHIBIT `B" [Preliminary Plat] PLAT ON FILE IN THE COMMUNITY DEVELOPMENT DEPARTMENT FILE NO. S2000-052 9196.010\Palatial Estates DA.v6.doc 8-1-03-2 12 9196.010\Palatial Estates DA.v6.doc 8-1-03-2 EXHIBIT C [Shea Boulevard Improvements] 13 EXHIBIT C 1. Construct an eastbound left -turn curbed median deceleration lane and curbed taper length from Shea Blvd. onto Palatial Drive, with necessary landscape and irrigation modifications. 2. Construct a westbound right -turn curbed deceleration lane and curbed taper from Shea Blvd onto Palatial Drive, with pavement tapering beyond the curbed deceleration lane taper length. 3. Construct a southbound-to-westbound curbed acceleration taper (tapering at 4:1) from Palatial Drive onto Shea Blvd. with pavement tapering beyond the curbed acceleration taper. (Left turns from Palatial Drive onto Shea Blvd. will not be permitted.) 4. For the above westbound curbed lengths: construct asphalt pavement for the 3rd westbound lane and bike lane, curb and gutter, 8'-wide meandering sidewalk, catch basins and storm drain outlets, rock -fall ditch (where needed), guardrail modifications (where needed), landscaping, and irrigation. Provide landscape maintenance for the entire frontage length. 5. Construct fire hydrants on Shea Blvd. at the Palatial Drive entrance, and at the easterly water main loop connection. 9196.010\Palatial Estates DA.v6.doc 8-1-03-2 EXHIBIT D [Entry Monument & Signage] 14 2°a3 a8f. a 8"33 b'NOZI�'v''SZ�IM NIV1Nf10_+ ��-' °- �3 g o o I qQ �p iIM o 4a a� s iu3cg �` rig IMP 9 Mill a 44 ,I I v'I i 1 it s a di any Y � 1 IL k W TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT Date Filed �. vo0 Fee Paid a0 Accepted By Plat Name/Numbef ,t L FST#+TC_S Parcel Size , Number of Lots s YWj pop Ares NtAnher of Tracts Zoning A 113 /G General Plan Land Use Designation 1 W 4Aw Density Requeste (Dwelling Units Rfir Acre) A ' s czar. Applicant�� `� 's a Day Phone y��► .T r�� t'�e.� 03.7 V yS Address Ise City 4I14 kv ST Zip 144 s" L Day Phone ��d) Owner fc re %Ialntake- 01- ,4eA1i* "eVe00- 3 - 17 v t/5 Address City WST z Zip .he Attachments (Please list) 1 40OFP f� t V A/'� ignature of 0 ner 1 HERBY AUTHORIZE (Please Print) Date TO FILE THIS APPLICATION. Sub cribe nd sworn before me this day of ,19 My Commission Expires Notary Public ;r - Seal TFH Case Number Fee Schedule Attached s�0o 0 - 052 W a V ) w �SS'�11�j .t 9 i -JI it Sol ijit' s !ts isiit911 1! 91 1 i �S,s , !�� fie ! t i !, V. # sds�l .4 I s,:l 4:.,.16siizse�s6V�elltv: el t�il�to g. s�i�5 �( J / L O _ \� ��A I N _ � II o 9� 1 I I II E •\ . m .� I/ • 'I . 22 2 I /I if cr- Of — ��sl6t�cb6i��lE� r7 '�v I y�! j• N co z r' €� C V LLB L— C) Z 0 0 d Q z w m ;i�•�}f�ti�! I ' �1jE , 1,l Q Aww— r Z Q cLc < F z FO U U W LLI W O w (n ft H _ z w a� �F-F- a zr w I z n _U W Q F W �N_U Z w W 3 it J J OJftz Q w o w w 0 O Q It W Tl U W x Q F () O d W 2 0 Q U 0=ZQ (A U z> 0 U W w w..,,�a� Zvi ��pQ31 I z > UI I W o I I I U 0 p V t u C V V 4) L O U O V N C ,.�C O en o` ul ° dE� nd Nwy c°'"° o a 'WO 3 a � t U� N �O O'O - W M N V CL— T•- C)') M N U U a° 4)C -,C ON—o N JW CNO + °(nO No W NO�E () y CyJp V 4) C� cc '0 LOOC C 7 N a O O•C y N� E C C In 4):E.2 w L°I�aoo E p ° N fV c E 3 N- " O 0-6 L N> yN0 ac._w T O W 'WO _O C j C pryOU V 0- 0 UM) OV j° CO C J U dmv��02 pWE c �L ^ m O t '� N N p C0 L y r a- y p y w N10 O O Z 0 O !� C L �+ J O O L � c u,vZ"'Z •E tcc, r- �� y 3 c T3 p �ZO vw ° ° ° cc cW �•N-°3�C 7md N� ' uc O ' N Ww Om d1 O ° C U 7 N a +' M O _( w+ W C C- d LE S y �nN y y O W — TE J 00 NCNn O O LLC y 41: �Np p � p C d ° J 0 y 10.2 a N .L+ w 7 J, C a a U) W U C t .-' W U +-' 0 0 '- 4) w w c E v o r- X '- - 0 0 w E° a c X O w 3 b O Or .p In a � N��f r 7 IH N H1O IaO er1 NI�Ap O!. � T er � � erI •r r0 pIN'N ib ��i� n.��I�IN' .gI nl 1 I 1 1 I 1 1 1 I 1 I I I I I I I I Q W M Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date: 8/7/03 Contact Person: Tom Ward 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 Annronriate`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 2003-31 declaring the International Building Codes a public document. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Informr_ti,�n: Tha proposed text amendment updates Ordinance 96-38 and will recognize the most current editions of the International Building Codes. List All Attachments as Follows: Type(s) of Presentation: Verbal Signatures of Submitting Staff: D artment Head To n M nager / Designee Resolution Budget Review (if item not budgeted or exceeds budget amount) e:\agenda\agenda cover sheet - international building codes res..doc RESOLUTION NO.2003-31 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS FILED WITH THE TOWN CLERK AND ENTITLED THE "2003 INTERNATIONAL BUILDING CODE," THE "2003 INTERNATIONAL MECHANICAL CODE," THE "2002 NATIONAL ELECTRICAL CODE," THE "2000 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE," THE "1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS," THE "2003 INTERNATIONAL ENERGY CONSERVATION CODE," THE "2003 INTERNATIONAL FIRE CODE," THE "FOUNTAIN HILLS AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE," THE "2003 INTERNATIONAL RESIDENTIAL CODE," THE "1997 UNIFORM ADMINISTRATIVE CODE" AND THE "2003 INTERNATIONAL FUEL GAS CODE." BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That those certain documents entitled the "2003 International Building Code," the "2003 International Mechanical Code," the "2002 National Electrical Code," the "2000 Uniform Swimming Pool, Spa and Hot Tub Code," the "1997 Uniform Code for the Abatement of Dangerous Buildings," the "2003 International Energy Conservation Code," the "2003 International Fire Code," the "Fountain Hills Amendments to the 2003 International Fire Code," the "2003 International Residential Code," the "1997 Uniform Administrative Code" and the "2003 International Fuel Gas Code," of which three copies each are on file in the office of the Town Clerk and open for public inspection during normal business hours, are hereby declared to be public records and codified in the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, 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, August 7, 2003. FOR T OWN O W.J. Ni ols, Ma or REVIE "I H IaY: G w,v Tim G. Pickering, Town 9196.001\Resolutions\2003 Building 7-31-03-1 AIN HILLS: ATTESTED TO: APP VED AS TO FORM: A Pvn- Andrew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date: 8/7/03 Contact Person: Tom Ward 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 ADDroDriate 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 ❑ Finance Regular AlZenda Wording: Consideration of Ordinance 03-12 adopting the International Building Codes by reference. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: The proposed text amendment updates Ordinance 96-38 and will recognize the most current editions of the International Building Codes. List All Attachments as Follows: Staff Memo, Ordinance Type(s) of Presentation: Verbal Signatures of Submittinlz Staff: D artment Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\agenda\agenda cover sheet - international building codes.doc International Building Codes.doc TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: July 21, 2003 FR: Peter Johnson, Ch. ilding Official RE: Building Codes Update Reviewed: Tom W of Public Works Ytor Ordinance 03-12 Il The proposed text amendment updates Ordinance 96-38 and will recognize the most current editions of the International Building Codes. Proposed text is shown as double -underlined, deleted text is shown strilethfeugh. A majority of our neighboring communities have adopted the International Building Codes, including Maricopa County, Cave Creek and Carefree. The goal is to bring uniformity to the building community by having one common code format. The current codes we are using do not recognize the latest technology. Designers and builders are relying on outdated and sometimes expensive methods of construction that are no longer recognized by the International Building Codes. The Fountain Hills Builders Association is aware of the proposed change and has requested the opportunity to become familiar with the new codes prior to the effective date. Staff, therefore, recommends that the effective date be six months from the date of acceptance. Staff recommends approval of Ordinance 03-12. ORDINANCE NO.03-12 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING BY REFERENCE THE "2003 INTERNATIONAL BUILDING CODE," THE "2003 INTERNATIONAL MECHANICAL CODE," THE "2002 NATIONAL ELECTRICAL CODE," THE "2000 UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE," THE "1997 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS," THE "2003 INTERNATIONAL ENERGY CONSERVATION CODE," THE "2003 INTERNATIONAL FIRE CODE," THE "FOUNTAIN HILLS AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE," THE "2003 INTERNATIONAL RESIDENTIAL CODE," THE "1997 UNIFORM ADMINISTRATIVE CODE" AND THE "2003 INTERNATIONAL FUEL GAS CODE; AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 7, BUILDINGS AND BUILDING REGULATIONS, RELATING TO THE CODIFICATION OF SAME; AND SETTING AN EFFECTIVE DATE. WHEREAS, many neighboring communities have adopted the most current editions of the building codes; and WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the "Town Council") desires to bring uniformity to the building community and to prohibit unsafe construction procedures and materials; and WHEREAS, Chapter 7 of the Fountain Hills Town Code specifies the building construction codes that are to be followed in the Town of Fountain Hills (the "Town"); and WHEREAS, the Town Council desires to amend the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, to amend provisions relating to the codification of the previously adopted 1994 Uniform Building Code, 1994 Uniform Mechanical Code, 1994 edition of the International Fire Code, including the Fountain Hills Fire Department Amendments to the 1994 International Fire Code, 1994 Uniform Swimming Pool, Spa and Hot Tub Code, 1993 National Electrical Code, and 1994 edition of the Uniform Code for the Abatement of Dangerous Buildings to adopt the most current editions of the building codes. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That, pursuant to ARiz. REv. STAT. § 9-802, those certain documents known as the "2003 International Building Code," the "2003 International Mechanical Code," the "2002 National Electrical Code," the "2000 Uniform Swimming Pool, Spa and Hot Tub Code," the "1997 Uniform Code for the Abatement of Dangerous Buildings," the "2003 International Energy Conservation Code," the "2003 International Fire Code," the "Fountain Hills Amendments to the 2003 International Fire Code," the "2003 International Residential Code," the "1997 Uniform Administrative Code" and the "2003 International Fuel Gas Code" (the "Technical Codes") three copies of which are on file in the office of the Town Clerk and are available for public use and inspection during normal business hours, which documents were 9196.001\Code amend-building.ord.vldoc 7-31-03-1 made public records by Resolution 2003-31, are hereby referred to, adopted and made a part hereof as if fully set forth in this Ordinance. SECTION 2. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-1, Technical Codes, Section 7-1-1, Adoption by Reference; Violations, is hereby amended as follows: A. The following listed publications, three copies of which are on file in the office of the town clerk and which are available for public inspection during normal business hours, are hereby adopted by reference, together with all appendices and supplements thereto, as if set out at length in this code. 1. The INTERNATIONAL Building Code, 4994 2003 Edition and all supplements, Volumes 2 and 3, except the following: a. Work Exempt from Permit With the following amendment to section 106.2105.2: -2-.105.2.2: Fences not over thirty (30) inches high. 5-.105.2.4: Retaining walls which are not over two (2) feet in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding flammable liquids. 41-105.2.9: Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and with the container being eighteen (18) inches or more in depth and/or wider than eight (8) feet at any point measured on the long axis. b. Ge.43f e to of Qeeupaney DELETE SECTION 3109, SWEMMING POOL ENCLOSURES, IN ITS ENTIRETY .A A to "Gtjar ai new sentenee-is added betie-€irs�lh" e ., deemed ,,,1propfiate by May required other- s neee building his .1„1y thefize.-1 ,-ese„tafiye eff:eia re irn. cresrvi-rrro crarTuucrrorrc .....t....�...,,..,..... the 9196.001\Code amend-building.ord.v3.doc 8-1-03-1 K 2. The INTERNATIONAL Mechanical Code, 4994 -2003 Edition and all supplements, as published by the International Conference of Building Offir-iAls CODE COUNCIL. 3. The National Electrical Code, 4993 2002 Edition and all supplements, inealuding the Town of Fountain Hills Amendments to the 1993 National 1~leet..:.,.,1 !'Awe. as published by the National Fire Protection Association. 4. The Uniform Swimming Pool, Spa and Hot Tub Code, 4994 2000 Edition and all supplements, Seefier 1.7 :s deleted, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL. The Uniform Code for the Abatement of Dangerous Buildings, 4994 1997 Edition and all supplements, AS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. 6. The Uniform Plumbing_ Code, 1994 Edition and all supplements, AS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, with the following exeeptions AMENDMENT: SeEdonn-102.3.2 is Veleta`'. SECTION 301.2, ALTERNATIVE MATERIALS AND METHODS. A NEW PARAGRAPH IS ADDED AT THE END OF THE SECTION, WHICH READS, "THE TOWN OF FOUNTAIN HILLS RECOGNIZES THE 2003 EDITION OF THE INTERNATIONAL PLUMBING CODE, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, AS AN APPROVED ALTERNATE, AND IT MAY BE USED AS A STAND- ALONE CODE WHEN ALL PROVISIONS ARE APPLIED TO THE DESIGN AND CONSTRUCTION OF A PARTICULAR PERMIT APPLICATION WITH PRIOR APPROVAL OF THE BUILDING OFFICIAL." 7. The Maricopa Association of Governments Standard Specifications and Uniform Details for Public Works Construction. S. THE INTERNATIONAL ENERGY CONSERVATION CODE, 2003 EDITION AND ALL SUPPLEMENTS, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL. 9. THE INTERNATIONAL FIRE CODE, 2003 EDITION AND ALL SUPPLEMENTS, AS PUBLISHED BY THE INTERNATIONAL CODE 9196.001\Code amend-building.ord.v3.doc 8-1-03-1 3 COUNCIL, INCLUDING THE FOUNTAIN HILLS AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE. 10. THE INTERNATIONAL RESIDENTIAL CODE, 2003 EDITION AND ALL SUPPLEMENTS, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL, EXCEPT THE FOLLOWING: A. WORK EXEMPT FROM PERMIT WITH THE FOLLOWING AMENDMENT TO SECTION R105.2 105.2.2: FENCES NOT OVER THIRTY (30) INCHES IN HEIGHT. 105.2.3: RETAINING WALLS WHICH ARE NOT OVER TWO (2) FEET IN HEIGHT, MEASURED FROM THE BOTTOM OF THE FOOTING TO THE TOP OF THE WALL, UNLESS SUPPORTING A SURCHARGE OR IMPOUNDING FLAMMABLE LIQUIDS. 105.2.7: PREFABRICATED SWIMMING POOLS ACCESSORY TO A GROUP R, DIVISION 3 OCCUPANCY IN WHICH THE POOL WALLS ARE ENTIRELY ABOVE THE ADJACENT GRADE AND WITH THE CONTAINER BEING EIGHTEEN (18) INCHES OR MORE IN DEPTH AND/OR WIDER THAN EIGHT (8) FEET AT ANY POINT MEASURED ON THE LONG AXIS. 11. ONLY SECTION 304 AND THE REFERENCED TABLES 3-A THROUGH 3- H OF THE UNIFORM ADMINISTRATIVE CODE, 1997 EDITION, AS PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS. 12. THE INTERNATIONAL FUEL GAS CODE, 2003 EDITION AND ALL SUPPLEMENTS, AS PUBLISHED BY THE INTERNATIONAL CODE COUNCIL. SECTION 3. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-2, Fees, is hereby amended as follows: A. The Un f,,....., Building Cod UNIFORM ADMINISTRATIVE CODE, 1997 Edition, Volume 1, Seetio„ ' n:7, TableS 4—A 3-A THROUGH 3-H, Building Peffait Fees, shall be adopted, except that the permit fees for new single-family and two-family dwellings shall be a single fee, containing structural, architectural, electrical, mechanical and plumbing systems, and shall be $0:41- $0.45 per square foot or major fraction thereof of the total 9196.001\Code amend-building.ord.v3.doc 8-1-03-1 4 floor area under THE roof, including covered patios, basement and all area enclosed within the building walls and roof overhangs. B. The permit fee for new structures, except for new single-family and two-family dwellings, and for all renovation, remodeling and repairs, shall be based upon the valuation of the construction for which the permit is issued based on Table 4-A 3-A. D. Plan Review Fees. When a plan or other data FOR NEW SINGLE-FAMILY AND TWO-FAMILY DWELLINGS is required to be submitted by eetion 106.3.2, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said plan review fee shall be paid as follows: (1) for single-family and two-family dwellings, $0-46 $0.30 per square foot; (2) for all structures other than single-family or two-family dwellings, -sixty five %65 per-eent of the permit fee. SECTION 4. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-9, Fire Prevention and Protection, Section 7-9-1, Definitions, is hereby amended as follows: C. "Fire Department" means Rar-aA4etfe Fie Depai4meaYFeuntain Hills Fife Distfiet of, in the event Uh-At the to-liva shall pr-avidea, its; fire pfeteefi that or-gani-7-ation THE TOWN OF FOUNTAIN HILLS FIRE DEPARTMENT. D. "NICET" means the National Institute for the Certification of Engineering Technologies, 1420 King Street, Alexander, Va. 22314-2915. OTIISVSiiI-T72Code, 1994 Edition. "INTERNATIONAL FIRE CODE" MEANS THE INTERNATIONAL FIRE CODE, 2003 EDITION INCLUDING THE FOUNTAIN HILLS AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE. F. "HILLSIDE LANDFORM AREA" MEANS ANY PARCEL OF LAND OR PORTION THEREOF WITH SURFACE SLOPE THAT CAN EASILY EXCEED 15 PERCENT WHERE MAJOR COLLECTOR STREETS HAVE A MAXIMUM GRADE OF 9 PERCENT, AND MINOR AND LOCAL COLLECTOR STREETS HAVE A MAXIMUM GRADE OF 12 PERCENT AND LOCAL RESIDENTIAL STREETS HAVE A MAXIMUM GRADE OF 15 PERCENT. SECTION 5. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-9, Fire Prevention and Protection, Section 7-9-2, Adoption, is hereby amended as follows: 9196.001\Code amend-building.ord.v3.doc 8-1-03-1 5 The Unifefm INTERNATIONAL Fire Code, 4494 2003 Edition, by the intemational Fire Code Instituted-, and all appendices thereto, including the Fountain Hills Fire Distfiet afnendment to the 1994 Unifefm dire-eede AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE, three copies of which are on file in the office of the town clerk; and are available for public use and inspection during normal business hours, are hereby referred to, adopted and made part hereof as if fully set out in this code. Exceptions: 1. UPC IFC Appendices I G, 11 B, 11 D, 1V A, VI-D B, E, F AND G are adopted as code. 2. UPC IFC APPENDIX A IS deleted from adoption. 3. IFC APPENDICES C AND D ARE ADOPTED BY REFERENCE. SECTION 6. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-9, Fire Prevention and Protection, Section 7-9-3, Automatic Fire Extinguishing Systems, is hereby deleted in its entirety and replaced with the following: A. AUTOMATIC FIRE EXTINGUISHING SYSTEMS SHALL BE INSTALLED AS REQUIRED BY SECTION 903.2 OF THE FOUNTAIN HILLS AMENDMENTS TO THE 2003 INTERNATIONAL FIRE CODE. B. EFFECTIVE DATE. THE REQUIREMENTS OF THIS SECTION SHALL APPLY TO ALL REQUESTS FOR BUILDING PERMITS FILED WITH THE TOWN BEGINNING ON MONDAY, JANUARY 1, 1996. SECTION 7. That the Fountain Hills Town Code, Chapter 7, Buildings and Building Regulations, Article 7-9, Fire Prevention and Protection, Section 7-9-5, Penalty, is hereby amended as follows: C. Civil Violation; Commencement of Action. 5. Minor civil citations may be issued for non-compliance with the amend@ T ni femrINTERNATIONAL Fire Code. SECTION 8. That, except as set forth below, any person found guilty of violating any provision of the Technical Codes shall be guilty of a class one misdemeanor, punishable by a fine not to exceed $2,500.00 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Any person found guilty of violating any provisions of the 2003 International Fire Code or the "Fountain Hills Amendments to the 2003 International Fire Code" shall be subject to a civil sanction for the first such violation and, for a subsequent violation thereof, shall be guilty of a class one misdemeanor, punishable by a fine not to exceed $2,500.00 91%.001\Code amend-building.ord.v3.doc 8-1-03-1 6 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense. SECTION 9. This ordinance shall become effective at 12:01 a.m. on February 9, 2004. SECTION 10. 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. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 7, 2003. FOR THE TOWN OYFOUNTAIN HILLS: ATTESTED TO: J. Nich 9196.001\Code amend-building.ord.v3.doc 8-1-03-1 7 i � "zOK'd ! ;.� .;o APPROVED AS TO FORM: An rew 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: 8/7/03 Contact Person Tim Pickering 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 ADDronriate 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: Consideration of RESOLUTION 2003-42 to set up an adhoc state land committee. Staff Recommendation: Approve No Purpose of Item and Background Information: With the deadline looming in October which would lift a moratorium on accepting bids for purchase of the 1,280 acres of State Trust Land, Councilmember Ralphe suggested that the Town take a proactive approach of working with the State to insure the proper development and preservation of the land. This committee would study the issue, work with the State, and assess annexation and necessary open space and recreational needs. The committee would also draft a letter to the State highlighting any significant progress the Town has made toward acquiring any portion of the land. oral Department Head Town anger / Designee Resolution 2003-42 Budget Review (if item not budgeted or exceeds budget amount) RESOLUTION NO. 2003-42 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING THE FORMATION OF THE TOWN OF FOUNTAIN HILLS AD HOC COMMITTEE ON STATE LAND. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") recognizes the importance of preserving open space and developing parks and trails for recreation; and WHEREAS, the incorporated boundary of the Town of Fountain Hills (the "Town") is bordered by land owned by the State of Arizona; and WHEREAS, the Town Council desires to form an ad hoc committee to (i) work with the State Land Department toward preserving open space, realizing the ultimate development of the State trust land, assisting and assuring the most appropriate development of the State trust land in accordance with the Town's General Plan, (ii) assess the benefits and burdens of annexation of State trust land, (iii) identify areas for the eventual development of parks and trails for recreation and (iv) provide the Town Council with a recommendation regarding the ultimate disposition thereof. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Town Council hereby approves the formation of the Town of Fountain Hills Ad Hoc Committee on State Land, to be appointed by the Mayor and the Town Manager, consisting of nine members representing the following organizations: McDowell Mountain Preservation Commission (2); McDowell Mountain Park Association (1); Fountain Hills Chamber of Commerce (1); Fountain Hills Unified School District (1); Local Contractors (1); Local Developers (1); Fountain Hills Sanitary District (1); and Fort McDowell Yavapai Nation (1). 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 carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, August 7, 2003. FOR THE-TfiWN OF FOUNTAIN HILLS: ATTESTED TO: W.J.Ni 9196.001\Resolutions\ State Land Comtnv3.res.doc 8-14-03-1 A WIM ROMMMA :: MW Tim G. Pickering, Town 9196.001\Resolutions\ State land Con mvlres.doc 8-14-03-1 APPROVED AS TO FORM: A( ' ljmxs-� n-drew J. McGuire, Town Attorney Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Meeting Date: 8n103 Contact Person: Tim Pickering Consent:❑ Regular:® 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 Annrooriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only: El ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: PRESENTATION by Town Manager Pickering regarding Town buildings' lease including possible options, and possible direction to staff. Staff Recommendation: Approve Fiscal Impact: No 00 Purpose of Item and Background Information: Town Manager Pickering will update the Council and the public regarding the status of the Town's lease for the property located at 16836 E. Palisades Blvd. and discuss the potential future options, with possible direction to staff. List All Attachments as Follows: Powerpoint presentation pages Type(s) of Presentation powerpoint, oral Signatures of Submitting Staff: Department Head Town Manager / Designee \\earth\sstein\agenda cover sheet\town buildings.doc Budget Review (if item not budgeted or exceeds budget amount) 8 -- 7 - O 3- Town Buildings Lease - Where We Stand and What to Do Tim Pickering, Town Manager, CM, CEcD oday's Situation ■ Our draft lease is not signed. ■ We are month to month which puts Town services at risk. ■ The draft lease ends in two years anyway. ■ Total of $656,520 to occupy our three buildings of 42,000 square feet this fiscal year. ■ $401,520 for lease ■ $100,000 in taxes and ■ $155,000 in landscaping and utility charges. ■ In accordance with our draft lease, we have given landlord 12 month notice ate building C. eiaaoo Available Options ■ Do nothing: Pro's: Services uninterrupted; no upfront cash. -on's: wasting money on too much space; costly utilities and repairs; could be asked to vacate premises; keep investing with no return ■Possibility of purchasing current building: Pro's: Services uninterrupted. Con's: cost, building is 30 years old; high maintenance bills; too much space for our needs; coming up with the money. Not a real option. enrmo3 Goals and Objectives ■ The desired goal is to cut cost and develop a long-term solution. ■ First priority is to conduct Town business in most prudent and effective manner. ■ Key to enhancing the Town's finances is to look for cost savings wherever possible without impacting Town services. ■ With our reduction in force last year, we need less space. There is no sense in the Town paying for space we don't need. How Did We Get Here? ■ The Town and the landlord have been working on a lease for the past three years but have been unsuccessful in completing the transaction. ■ Our original assumption of needing 42,000 sq ft is no longer valid with the reduction in force. Our space needs now equal 25,000 to 30,000 depending on what services such as senior services and parks occupy the building. eiclzaa� Options c inued ■ Lease another space: Pro's: No immediate capital investment Con's: Under control of owner; Keep wasting money and receive no equity in land or building; No space available in Town for our use; Have to pay property tax. ■ Build building: Pro's: Save money over time; Minimal future capital IF needed; Land is already owned; Planned since '95; Town's operations consolidated; no threat of kicked out; Occupy only the space we need; Use building for decades. Con's; Immediate capital needed, Disruption from move .srmm Town Hall Lease - Where We Stand and What to Do 1 Cost of Option 1 — Do nothing ■ 5 year cost: $3,071,353 with no return on investment ■ lease: $2,351,653 in Taxes: $500,000 ■ Major maintenance repairs: $219,700 ■ Combined 30 year cost for lease, taxes, and repairs: $33,431,122 Cost of option 3 - Build ■ 25,000 sq. ft. building with a $90 to $110 per sq. ft. construction cost, site preparation and FF&E: $3M to $3.514 ■ 5 year cost: same ■ 30 year cost: same ■ Project has been on books for 8 years. ■ Add 5,000 - 6,000 sq. ft. if seniors services build stand alone. $550,000 Recommendation ■ Makes financial sense to build and occupy building by Summer 2005. in We own the land, we will save almost $30M over thirty years, and the building' cost would be recovered in less than six years. ■ What to do next — Determine revenue sources ■ Action item — determine bid process, hire contractor, construct, occupy — 18-24 month process. e,wzom Cost of option 2 — Lease another space ■ If we could find the space, assume $13 a square foot with 25,000 sq. ft. ■ 5 year cost with 4% escalator: $1,760,304 ■ 30 year cost with 4% escalator: 18,227,605 ■ Not a real option as no space available Cost Summary Options _ 1" year 5"' year Cumulative 30t' year Cumulative Do Nothing $545,460 $3,071,535 $33,431,122 Lease another $325,000 $1,760,304 $18,227,60 Build $3,500,000 $3,500,000 $3,500,000 Potential Si • We own the site. ■ Can be into existing Town facilities. ■ Phase two of Civic Center project planned since 1995.' Town Hall Lease - Where We Stand and What to Do 2 'Existing Revenue 6ptions ■ Savings from vacating Building C for one year $174,436 ■ General Government Development fee ■ $200,000 ■ Downtown Development Excise Tax ■ $948,500 ■ Recovered sales tax audit funds ■ $168,650 ■ Reallocate Land Preservation Excise Tax for two years. Le. debt payment paid through open space development fees $2,220,000 ■ Subtotal Existing Revenue Sources $3,712,042 New Revenue Enhancements ■ Increase or reallocate Development Fees ■ $237,600 ■ Eliminate Rental, Advertising and Health Spa sales tax exemptions ■ $560,720 ■ Increase Telecommunication rate ■ $233,250 ■ Refuse franchise fee ■ $180,000 ■ Subtotal New Revenue Enhancements ■ $1,211,575 Revenue options to fund $3.5M ■ Pay as you go ■ Lease build ■ Bonds ■ Borrow the money ■ Recommendation: Pay as you go, saves interest and issuance costs. ■ Let's look at ways to pay for a building. Questionable Revenue Sources ■ Amount from Hilton Development Agreement - won't be received until building permit ■ $371,567 ■ Amount from sales tax rebate request ■ $400,000 ■ Subtotal Questionable Revenue Sources ■ $771,567 Other Revenue Sources ■ Sell Kiwanis Building — appraisal required. ■ Grants — Seniors will be applying. ■ Pass $3M property tax bond for building - requires voter approval. ■ $4,825,100 Town Hall Lease - Where We Stand and What to Do 3 Financing Recommendation ■ Use what we have. Entire project can be paid for out of existing funds if reallocation occurs. If not, add new revenue enhancers. ■ 5 year financial plan will result in new revenue enhancements. SUMMARY ■ Building a new building makes financial sense. ■ Save almost $30M over a 30 year period. That's $1M a year. ■ Building cost would be recovered in 5 years 8 months. ■ We can't continue to pour money into space we do not own. ■ Site is already owned and was purchased for this intention. as/i00i Town Hall Lease - Where We Stand and What to Do 4