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2003.1120.TCREM.Packet
NOTICE OF EXECUTIVE AND REGULAR SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Rick Melendez Councilwoman Kathy Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: THURSDAY, NOVEMBER 20, 2003 TIME: 6:00 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS, BUILDING B 16836 E. PALISADES BLVD., FOUNTAIN HILLS, AZ (Executive Session will be held in the Building A Teleconference Room) PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker's card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk's position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Council Members. Speakers' statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. 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. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. 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 Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. CALL TO ORDER AND ROLL CALL- Mayor Nichols E:\Clerk\AGENDAS\REGULAR\2003\Regular and Executive Session I 1-20-03.doc Page 1 of 3 Last printed 11/192003 3:12 PM 1.) VOTE TO GO INTO EXECUTIVE SESSION; PURSUANT TO A.R.S. § 38-431.03.A.1, for discussion or consultation of employment, assignment, appointment, promotion, demotion, dismissal, salaries, disciplining or resignation of a public officer, appointee or employee of any public body, except that with the exception of salary discussions, an officer, appointee or employee may demand that the discussion or consideration occur at a public meeting. The public body shall provide the officer, appointee or employee with written notice of the executive session as is appropriate but not less than twenty-four hours for the officer, appointee or employee to determine whether the discussion or consideration should occur at a public meeting. (Specifically, to interview an applicant to serve on the Community Center Advisory Commission.) 2.) RETURN TO THE REGULAR SESSION. • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION — Councilman Kavanagh • ROLL CALL — Mayor Nichols CALL T Pursuant to A.R.S. §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 property 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 10 min agenda. AGENDA *1.) CONSIDERATION of approving the Council MEETING MINUTES of 11/06/03. *2.) CONSIDERATION of RESOLUTION 2003-69 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property lines of Lot 25, Block 5, Plat 203 (16738 E. Emerald Drive) as recorded in Book 149 of Maps, Page 31, Records of Maricopa County Arizona. EA03- 22 (Enyon). *3.) CONSIDERATION of the LIQUOR LICENSE APPLICATION submitted by Streets of New York located at 16841 E. Shea Blvd., Suite 101. The application is for a Class 12 (restaurant license). *4.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by the American Legion Post #58, 16837 E. Parkview Ave. The request is for a fundraiser scheduled for December 6, 2003 from 9:00 a.m. to 10:00 p.m. *5.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by the American Legion Post #58, 16837 E. Parkview Ave. The request is for a fundraiser scheduled for December 13, 2003 from 9:00 a.m. to 10:00 p.m. *6.) CONSIDERATION of a SPECIAL EVENT LIQUOR LICENSE APPLICATION submitted by the American Legion Post #58, 16837 E. Parkview Ave. The request is for s min a fundraiser scheduled for December 31, 2003 from 9:00 a.m. to 1:00 a.m. E:\ClerkWGENDAS\REGULAR\2003\Regular and Executive Session 11-20-03.doc Page 2 of 3 Last printed 11/19/2003 3:12 PM REGULAR AGENDA 7.) CONSIDERATION of RESOLUTION 2003-70 approving the Town of Fountain Hills' ,0 min Public Art Master Plan. 10 min 8.) QUARTERLY FISCAL REPORT provided by Accounting Supervisor Julie Ghetti. 20 mn 9.) CONSIDERATION with possible direction to staff regarding bidding contractual prosecutorial services. 10.) DISCUSSION with possible direction to staff regarding goals and procedures for the 30 min development of TOWN DIRECTIONAL SIGNS. 5 min 11.) UPDATE by the Town Manager on Rural Metro. 12.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural 5 min strengths and weaknesses and discuss possible improvements for future meetings. 13.) COUNCIL DISCUSSION/DIRECTION to the Town Manager. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: 5 min None requested 5 min 14.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 8:30 pm 15.) ADJOURNMENT. DATED this 18`h day of November, 2003 Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 837-2003 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available for review in the Clerk's office. E:\C1erk\AGENDAS\REGULAR\2003\Regular and Executive Session 11-20-03.doc Page 3 of 3 Last printed 11/19/2003 3:12 PM Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 11/6/03 Submitting Department: Admin Contact Person: Bender Consent:® Regular:❑ Requesting Action:❑ Tvue 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: 11/6/03 Draft minutes Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of approving the Council MEETING MINUTES of 11/6/03. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information. Approve meeting minutes for archival purposes. List All Attachments as Follows: Draft 11/6/03 meeting minutes. Type(s) of Presentation: Signatures of Submitting Staff: Department Head Town anager / 6esignee Budget Review (if item not budgeted or exceeds budget amount) e:\bbender\documents\current minutes 2003\action forms\minutes from 11-6-03.dot Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 11/20/03 Contact Person: Tom Ward Requesting Action:® TVUe of Document Needine 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;F ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Amenda Wording: Consideration of RESOLUTION 2003-69 abandoning whatever right, title, or interest the Town has in certain public utility and drainage easements located at the westerly property line of Lot 25, Block 5, Plat 203 (16738 E. Emerald Drive) as recorded in Book 149 of Maps, Page 31, Records of Maricopa County, Arizona. EA03-22- Dennis Enyon. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and BacklZround Information: The applicants submitted the application on October 9, 2003. List All Attachments as Follows: Staff memo, resolution, exhibit Type(s) of Presentation: None Signatures of Submitting Staff: 54 De artment Head �;1�0_110001 •� Town Man ger Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: October 14, 2003 FR: Art Candelaria, Civil Engin r �'' RE: Easement Abandonment 03-22 Randy Harrel, T n Enginee 1 16738 E. Emerald Drive Reviewed: ToxMard, Director of Public Works Plat 203, Block 5, Lot 25 This item on the Town Council's agenda is a proposal to abandon the twenty (20) foot public utility and drainage easements located at the westerly property line of Lot 25, Block 5, Plat 203, (16738 E. Emerald Drive) as shown in Exhibit "A". The property owners of Lot 25 desire the assurance that any future improvements made to the lot will not be infringed upon by the construction of utilities. All affected utility companies have been notified of this abandonment proposal and have approved of the proposed abandonment of this public utility easement. The southerly 10' of the westerly 20' public utility easement will be retained for existing and potential future utility boxes. The Engineering Department has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement. It is the professional opinion of the Engineering Department that there is no need for the Town to retain the drainage easement proposed to be abandoned, with the understanding that certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owners of Lot 25 are required to pass the developed flows generated by the upstream lots across their property. The northerly 10' of the public utility and drainage easement along Emerald Wash should be retained. • Staff recommends approval of Resolution 2003-69. Enc: Resolution Exhibit C: Dennis Enyon Richard & Margaret LaFever EAAbandonment Letters and Resolutions\EA03-22 - 203-5-25.doc N RESOLUTION 2003-69 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER RIGHT, TITLE, OR INTEREST IT HAS IN THE CERTAIN TWENTY (20') FOOT PUBLIC UTILITY AND DRAINAGE EASEMENTS ALONG THE WESTERLY LOT LINE OF LOT 25, BLOCK 5, OF PLAT 203, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN BOOK 149 OF MAPS, PAGE 31, RECORDS OF MARICOPA COUNTY, ARIZONA. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the governing body of real property located in the Town of Fountain Hills (the "Town"), may require the dedication of public streets, sewer, water, drainage, and other utility easements or rights - of -way within any proposed subdivision; and WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private property by easement, deed, subdivision, plat or other lawful means; and WHEREAS, all present utility companies have received notification of the proposed abandonment. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL, OF THE TOWN OF FOUNTAIN HILLS, as follows: SECTION 1. That a portion of the certain twenty (20) foot public utility and drainage easements, located along the westerly property lot line of Plat 203, Block 5, Lot 25, Fountain Hills, as recorded in book 149 of maps, page 31 records of Maricopa County, and as more particularly described in Exhibit A, attached hereto and incorporated herein by reference, are hereby declared to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff. The property owner of Lot 25 is required to pass the developed flows generated by the upstream lots across their property. SECTION 2. That this Resolution is one of abandonment and disclaimer by the Town solely for the purpose of removing any potential cloud on the title to said property and that the Town in no way attempts to affect the rights of any private party to oppose the abandonment or assert any right resulting there from or existing previous to any action by the Town. [SIGNATURES ON FOLLOWING PAGE] Resolution 2003-69, 203-5-25 EA03-22.doc Im PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, November 20, 2003. FOR THE TOWN O FOUNTAIN HILLS: TTF W.J. REVI BY: APPROVED AS TO FORM: ' r CA - Tim G. Pickering, Town ana er Andrew J. McGuire, Town Attorney Resolution 2003-69, 203-5-25 EA03-22.doc 2 RETAIN P.U.E & D.E. LOT 26 N j W E L S SCALE: 1 "=50' _ DATE: 10-16-03 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 203 BLOCK 5 LOT 25 E M E R A L D p=07'14'33" R=550.00' L=69.52' - J W U Q ABANDON 20' �P.U.E & D.E. BLOCK 5 LOT 25 W A S H 84.26' RETAIN P.U.E. L ABANDON D.E. N 36'18'06" E 146.73' 0 0 q EMERALD DRIVE 0 M LOT 24 I fG 45 RAHREL ; Town of Fountain Hills Town Council Agenda Action Form Meeting 'Type: Regular Meeting Submitting Department: Public Works Consent:❑ Regular:® Meeting Date: 11/20/03 Contact Person: Tom Ward Requesting Action:® Tvne of DocumentNeedin2 ADAroval (Check all that am)l ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the liquor license application submitted by Streets of New York located at 16841 E. Shea Blvd., #101. The application is for a Class 12 (restaurant) license. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval for a new Class 12 (restaurant) liquor license. The application complies with statutory and liquor license regulations and it received a favorable recommendation from the MCSO. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front page will be included for representative purposes and the full application is available for review in the clerk's office. List All Attachments as Follows: Ward memo, MCSO memo, application front page Type(s) of Presentation: Signatures of Submitting Staff: De men, Head �2 ' ' J -v 3 Town anager Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: November 12, 2003 FR: Tom Ward Director of Public Works RE: Streets of New York Liquor License Application Bernd Glaeser and Lorraine Glaeser are requesting Council approval of a new Class 12 liquor license for Streets of New York located at 16841 E. Shea Blvd., #101. A Class 12 license is for restaurant use only. Statute requires that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. Public Works and the Maricopa County Sheriff's Office have reviewed the application. It meets the statutory requirements for a Class 12 liquor license. The applicants are Arizona residents and have no outstanding wants or warrants. The applicants have a Fountain Hills business license on file. Based on statutory compliance and a favorable recommendation from the MCSO, staff recommends approval. \\earth\BBrannon\Liquor Licenses\Staff Memos\Streets of New York Liquor License Application.doc Page 1 of 1 MARICOPA COUNTY SHERIFF'S OFFICE Memorandum To: Tom Ward From: Galen Reifschneider #960 Director of Public Works Special Events FOUNTAIN HILLS Coordinator/Community Services Deputy Subject: Liquor License — Streets of New York Date: November 10, 2003 The purpose of this memorandum is to provide an endorsement of the attached liquor license application for Streets of New York located at 16841 East Shea Blvd. # 101. Background Investigation: This application is for an existing Class 12 liquor license under the specifications of ARS 4-205.02. A Class 12 license is for restaurant use only. The statues require that 40% of the business establishment be devoted to serving food and that liquor sales be incidental to the food service. An inspection of the diagram provided, clearly shows that the establishment will primarily be devoted to the service of food. A Class 12 license is exempt from restrictions relating to churches, schools and nearby liquor establishments. The applicants, Bernd Glaeser and Lorraine Glaeser are Arizona residents under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants for either party. Recommendation: Based on compliance with Title 4 relating to the Class 12 liquor license, the fact that the applicants are Arizona residents with no wants or warrants, and there is a current Fountain Hills business license on file, I recommend approval. 5000-135 R10-93 (MW97 v1.0 5/27/98) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 AFFIDAVIT OF POSTING 400 W Congress #150 Tucson AZ 85701-1352 (520)628-6595 Date of Posting: 1 0/ 31 1 0 3 Date of Posting Removal: 1 1/ 1 8/ 0 3 Applicant Name: Glaeser Lorraine Last First Middle Business Address: 16841 E. Shea Blvd. #101 Fountain Hills AZ Street City Zip License #: 12075680 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. �,E�-y %U�• 1C,LJ�G��1� Town Clerk 837-2003 Print Name ofi/tOfficial Title Telephone # Town (14e. rK -ao -015 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) 542-9027 L0119 0612003 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Conaress #150 Phoenix AZ 85007-2934 - Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 LOCAL GOVERNING BODY RECOMMENDATION G#l(JTOWN OF P0TTNTATN HILLS STATE APPLICATION NO. 12075680 COUNTY OF MARTMPA , ARIZONA. QkW/TOWN/WkW1R&NO ORDER NO At a ,„1 meeting of the Town council of the Qty/Town/County (Regular or Special) (Governing Body) of Fountain Hills held on the goth day of November 2003 the (Day of Month) (Month) (Year) Application for a license to sell spirituous liquors at the premises described in Application No. ,?)T56,9s , License Class # 1 2 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Lorraine Glaeser is hereby recommended for approval (approval/ 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. Y/TOWN/JMUN)T)Y CLERK Bevelyn B d This W day of November 2003 (Day of month) (Month) (Year) Disabled individuals requiring special accommodations please call the Department lic 1007 Oa/1997 ARIZONA DEPARTMENT O,F LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor s . `" 400 W Congress # 150 Phoenix AZ 85007-2934 DLL�Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 I APPLICATION FOR LIQUORUUE&1 E P 3: b b 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 day operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. / e/3o%d 3 SECTION 1 This application is for a: SECTION 2 Type of ownership: �W�)/I ❑ INTERIM PERMIT Complete Section 5 ❑ J.T.W.RO.S. 'CompleteSection 6 i/�Zo/o3 'X 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 J4 CORPORATION Complete Section 7 ❑ 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 #: /z 1. Type of License: 1c f J f4fl All 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. A service fee of $25.00 will -be charged for all dishonored checks (A.R.S. 44.6852) SECTION 4 Applicant: (All applicants must complete this section) Mr. Cs jt 14s Ej2 1. Applicant/Agent'sName: Ms. � 4R&/ „/i (Insert one name ONLY to appear on license) Last First Middle 2. Corp./P*rt=rs}tip/l rise.: .512E r5 0 A A/6 V/ y12 It I /Ve , a 1 b D 6 U y 1 (Exactly as it appears on Articles of Inc. or Articles of Org.) 3. Business Name: .J 7'jeaf 3 -0l0 AILCV/ V01k ` D aq S— (Exactly as it appears on the exterior of premises) 4. Business Address: %6 t �%/ k. -SlOeA '13 LV D. Su. de 101- jr4UNr131A1 WR IS /-Till/Cod $S.2,46' (Do not use PO Box Number) City Q COUNTY Zip 5. Business Phone: ( Residence Phone: (�Oz 91�.55 6. Is the business located within the incorporated limits of the above city or town? DYES ❑NO 7. Mailing Address: 118 /I N flJ l', lA 13LV b. StIll it P-l$d 'P//9ra/ k/' All, owd 8S0.7s City State Zip 8. Enter the amount paid for a 06, 07, or 09 license: $ (Price of License ONLY) Accepted by: � -h Fees: �O Application Interim Permit Agent Change DEPARTMENT USE ONLY Date I v —' 2 —� Lic. # $ Club F. Prints TOTAL PROCESSING APPLICATIONS TAKES APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. Vnn .�.�.._.................»,.,.........�...�......u.ay.�+...u.a�auouru��..c vn it7r. idl:rlVJ1;. LIC 0100 05/2003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. Ai i S'EZTION 5 Interim Permit: 1. If you inte o operate business while your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a ' license of the same type you are applying for currently issued to the location, 3. Enter the license number c ly at the location. 4. Is the license currently in use? ❑ YE NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED OCATION TO THIS APPLICATION. j (Print full name) I, dare that I am the CURRENT O WNER, AGENT, CLUB MEMBER, PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. State of County of ,M X (Signature) The foregoing ' ent was acknowledged before me this Day Mon Year My commission expires on: (Signature ofNOTARY PUBLIC) CTION 6 Individual or Partnership Owners: EACH PER LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. L Individual: Last t Middle % Owned Residence Address City State Zip Partnership Name: (Only the first partner listed will appe cease) General -Limited Last First Middle Residence Address City State Zip n ❑ ❑ ❑ ❑ °4 ❑ ❑ (ATTACH ADDITIONAL SHEET IF NECESSARY) 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES ❑ NO If Yes, give name, current address and telephone number of the person(s) use additional sheets if necessary. Last R;. A :aal_ -- - UILY OLaw I-1P I eleptione# I SEC ION 7 Corporation/Limited Liability Co.: i CH r rtSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. $T CORPORATION Complete questions I, 2, 3, S, 6, 7, 8. ❑ L.L.C. Complete questions], 2, 4, S, 6, 7 and attach copy ofAMiclat Of qrg and Operation Agreement Name of Corporation/4�:5.: _ ST"C rs Off /✓r 1+� ;/170< �jVc. [ J L t�; (Exactly as it appears on Articles of Inc. or Articles of Org.) 2. Date Incorporated/Organized: Ay(� dS : 55XR/��uA .1. / q Ig 2003 OCT 23 P State where Incorporated/Organize 3 3. AZ Corporation Commission File No.: C)II Tz 7k) Date authorized to do business in AZ: 19' _ 0,5 f 9 178 4. AZ L.L.C. File No: N/,A Date authorized to do business in AZ: 5. Is Corp./L.L.C. non-profit? ❑ YESXNO If yes, give IRS tax exempt number: �✓�/Q 6. List all directors /officers in Corporation/&;P::I;�.: Last Ftrct WA;rlrilP ��pESt�Q 'i3€��✓iJ �265. - wry Juke /_ip 960S 73nd. 'ANQE^,rr ,¢17#,-A S 0J8 6 AAE set L 9 Q2Air�c" �� p. 9 4AC'g ���oF�x Oi�•.� �So�B fir.• a.-.wa �iivaaavavna. u11GG1 !r 1Vrl,l;JJH1CY) 7. List stockholders or controlling members owning 10% or more: iaRt First AA;,4Al- .1 5�' 1' CBNIJ b % ',,try Jtate LIP 96 Ps A/. A13. fNoF••0� tc AI 4-VA .�.(l9ESE/1 ,C D �%1/�!A/t 6 qd os t.I, �Y31,o�. PW6'6'WX- % V11'l A1.11 AU1J111VNAL NH-th 1 IV NEC ESSAKY) 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 PERSO TED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly pears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws)) 2. Is club non-profit? ❑ YES ❑ NO If 3. List officer and directors: Last First tax exempt number: Middle Title ��� Residence Address (ATTACH ADDITIONAL SHEETS IF NECESSARY 3 State 3 9 Probate, Will Assignment or Divorce Decree of an existing [jar or Liquor Store: 1. Current Licensee s (Exactly as it appears on license) Las�y�� First Middle 2. Assignee's Name: Last • iqt Middle 3. License Type: License Number: y of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTR R DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE.TO THIS APPIICATION. SQQT10N10 Government: (for cities, towns, or counties only) 1. Person to administer this hcen Las �1�-� ACC First Middle 2. Assignee's Name: <•� Last First Middle A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS'ZI UOR SECTION 11' Person,to'Person Transfer: Questi s to be completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. Current Lic see's Name: Entity: (Exactly as it appears license) Last First Middle (Indiv., Agent, etc.) 2. Corporation/L.L.C. me: (Exactly as it appears on license) �. 3. Current Business Name-' ' xactly as it appears an'licduse), 4. Current Business Address: t 5. License Type: License 6. Current Mailing Address (other than business): Last Renewal Date: 7. Have all creditors, lien holders, interest holders, etc. been notified of this tran er? ❑ 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. 1 hereby relinquish my rights to the above described license to the applicant named in this app tion and hereby declare that the statements made in this section are true, correct and complete. I, (Print full name) , declare that I am the CURRENT OWNER, AGE CLUB MEMBER, PARTNER, STOCKHOLDER or LICENSEE of the stated license. I have read this section and the contents and all statements true, correct and complete. State of County o X (Signature of CURRENT LICENSEE) The foregoing instrument was acknowle d before me this My commission expires on: Day Month (Signature ofNOTARY PUBLIC) 4 is F. �N 'IZ Location to Location Transfer: (13ars and Liquor Stores ONLY) APPLICANTS C PERATE Current Business Name and) (Exactly as it appears on license) UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. DLLC 2. New Business Name and Address: (Do not use PO Box Number) 9. 3. License Type: License Number: 4. What date do you plan to move? Last What date do you plan to open? SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school: 3 t9/4( Name/Address of school: (Regardless of distance) 2. Distance to nearest church: ft Name/Address of church: (Regardless of distance) I ,; , %�J�-T/!l.�;/1!lCCS t�c44tE 5c�J04c. !=o✓s-IrlhA/ /Gvy �E. n�C�:�ynnFs r�ta�. ll�ccs �2 /1/2 Sr 6110 fi$ i r1*17(1% oA #OWMA AI ///C(S lonl.5 Al. S,4(*V0 li LLSAI v 3. I am the: LESSEE ❑ SUBLESSEE ❑ OWNER ❑ PURCHASER (of premises) If the premises is leased give lessors name and address: K1 P9 C o IV R AI !%o d/p rfi/n% �'i!C(S . L, P. 383 WJ11-5dik 6010. dl% 5.50 (' 6VOIJ aws ell o;w 0-A4 IAAW 4a. Monthly rental/lease rate $ What is the remaining length of the lease? /CI j E4 Q S f Ala � y !�/P. O P 6,0N S rs mos. 4b. What is the penalty if the lease is not fulfilled? $ j r a! g li r —�> or other 2111 igA.,r jot cEA 3 E p f/n/1 t �� (give details - attach additional sheet if necessary) 5. What is the total business indebtedness of the applicant for this license/location excluding lease. y5$ ouoo 3411 ° ` at, r Does any one creditor represent more than 10% of that sum? Last IAA_ 196MP,444 Middle 14 YES ❑ NO If yes, list below. Total must equal 100%. .a Owed Residence Address Ci State -2 40 4 $01.4 f2n4 6 P44460SAs CA 9 (ATTACH ADDITIONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) �e S �A �� /1 /"� (pi-n/4, of s o SWISS) 7. Has a license, or a transfer license for the premises on this application been denied by the state within the past one (1) year? ❑ YES XNO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee, have any interest in your business? ❑YES XjNO 9. Is the premises currently licensed with a liquor license? ❑ YES V NO If yes, give license number and licensee's name: NIA N/4 (License #) 5 (Exactly as it appears on License) SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES 14 NO If yes, give. licensee's name: ao —r - (1(uc o ati • and license #: Last First Middle 2. If the answer to Question 1 is YES, you may qualify for an Interim Permit to operate while your application is pending; consult A.R.S. Section 4-203.01; and complete Section 5 of this application. 3. All restaurant applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor. 4. Do you understand that 40% of your annual gross revenue must be from food sales? ;K YES ❑ NO SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) J. Check ALL boxes that apply to your licensed premises: Entrances/Exits X Liquor storage areas ❑ Drive-in windows DO Patio enclosures '/ El Service windows ICI Under,construction: estimated completion date T11 tiahel Ql0;.do, 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- ?, S 7v w me T, DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. 40 � r--• I I � j ! I - iia; �er«Nf s ItltAGt G ,—I e --- --- - — — --�--- ---- _ -� .i- -- < �-1 ► - .0 ••r ::c:n^l'� I; • ar-r eem •-r ncu; � s� '- n• N 01 0 ID �T Ill r.Yf., •_ YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. C. P9 z 0 04,0 SECTION 14 Restaurant, or Hotel -Motel Applicants: Is there a valid restaurant or hotel -motel liquor license at the proposed loclitio n? El YES 1 NO If yes, give. licensee's name: ,40r 1"rpucAalti (�!d'Lilicense #: Last First Mid��dlppepp nn��++T 2. If the answer to Question 1 is YES, you may qualify for an InteriirifFIr>�it tot ratty ' e ap lication is pending; consult A.R.S. Section 4-203.01; and complete Section 5 ofthi ap is 3. All restaurant applicants must complete a Restaurant r (F C ided a epartment of Liquor. 4. Do you understand that 40% of your annual.gross r o d N SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) J. Check ALL boxes that apply to your licensed premises: 1� Entrances/Exits 19 Liquor storage areas ❑ Drive-in windows I$I Patio enclosures ,r ❑ Service windows 11 Under construction: estimated completion date Tt(%NyfiQl C910 .1 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. S �i� SB /see Y DO NOT INCLUDE PARKING LOTS, LIVING QUARTERS, ETC. _ vjINE 5 (tl4AGZ • l C M1 1 i . T.e. j ,.�..I iu.rn :: m I Y _ ie'r m- "r ro•-r•e .r:r;. a—r r T� rr I `9 •--- z '- 'u ;� 1 i i o-: I - -- --- ------ --- ---= ID 1,V i] I Q Op © - r -n;••r :_cat : t;. .-r a:act Ili'- '-Y C[ap l;J-(,U9 _ '. .p„�.. m iy1 I' `Q.' ow oa.. lJ lJ ISI y e I � YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. 6 SECTION 16 Geographical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. T .ist below the exact names of all churches, schools, and spirituous liquor outlets within a one half mile kks your proposed location. 2. ,2H ►fit A/010 5 = i2� Sfp✓Q�ON' 3. et ficCG K = Ltif-vt s-r 4. JeI It sr N 9 Os9 effi IC 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. ATTACH ADDITIONAL SHEET IF NECESSARY) A = Your business name and identify cross streets. SECTION 17 Signature Block: 1, _4170,19JAAr 64A65,zk , declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making (Print name of APPLICANT/AGENT listed in Section 4 Question 1) this 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 to the best of my knowledge and belief, none of the owners, partners, members, officers, directors or stockholders listed have been convicted of a felony in the past five (5) years. X v (Signature) My comnussion expires on: If State of County of > PJ�� The forego g instrument was acknowledged be re me this \ 6 O-yb 2403 Day Month °+ (Si6jure ofNOTARY P LIC) o4't"E 51'+r, KATHY A. BAYER Notary Public - Arizona Maricopa County My Commission Expires 1 12 July 18, 2004 Year IIG V__ SAMPLE Y ,, GEOGRAPHICAL DATA' t` In the area adjacent to the map provided below indicates your proposed location and the exact names of all churches, schools, and aieohol'ie °bever`a'cj'e outlets within a 1/2 mile,`radius of your proposed location.(See example below) A = Applicant Series 12 01_Pink Elephants. s Series 06 02 Mama's Rest. ''.Series 12 03 - Corner Liquors Series 09 S F 04 Joe's Groce-1�.ies,> Series 10 05 Lions Club -*:Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series.07 08 Billy Bobs Bar Series 06 09 St. Anthonys Church 10 St. Anthonvs School 11 Burbank Middle School 12 First United Baptist Church Mi . 13 14 15 A.R.S. Section 4-207.A reads as follows: '-'2 Mi . N 1 A. No retailers license shall be issued for any premises which are. at the B. 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). C. or within three hundred(300) horizontal feet of a fenced recreational area adjacent to such school building. X W F. IM A. ARIZONA DEPARTML` NT OF LIQUOR LICENSES & CONTROL p- 400 W Congress #150 ��:� � e A 8 0 3 �� DL_LC Tucson AZ 85701-1352 ;NIT =� 4 , (520) 628-6595 RESTAURANT OPERATION PLAN LICENSE # / Z 01 6 °v O 1. List by Make, Model and Capacity of your Grill Oven A'7oA/1461/F 1DQL16(tr '6i/r-k 00A1VE r1,01V Freezer 1/� Z)o0 r- y qr ekeEz6 Refrigerator l k 6 W41K //a 'Vg F1?16694 r19 Sink 3 �v��P/�lGif�t�tr s���Nc�ss sfEfC s���� Dish Washing Facilities ZCDL/1 Food Preparation Counter (Dimensions) Z9 )e 3 p/NLCSS ittl 7"4 4(f5 Other V/2 7 A /-?Vcrl LiOL�i �0r//SIF S/�t�� ('D�l�/tY�Q o>lc•r✓ 2. Print the name of your restaurant: 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for: a. , Restaurant area of your premises [ d 5LA'S ] b. Bar area of your premises fn n SF I//c F [ + 5 E,C uiNG c v 1111re C C. Total area of your premises [ fie 8 Sepl"5 ] # 1041"0 5,F /J T/A./G P 2 561,70 i ,-' P/If, o 5. What type of dinnerware and utensils are utilized within your restaurant? Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the public floor space does this area cover). ❑ Yes S c e d e1 % 9 No y 11-14,9I' SFRVI(F 5rK✓l!✓ra oddN,"ex 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area.) % UcO114 05/1999 *Disabled individuals requiring special accommodations, please call the Department. /I Im ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL _Y. 800 W Washington Sth Floor '`'° 400 W Congress #150 Phoenix AZ 85007-2934 :.` . DLLD Tucson AZ 85701-1352 (602) 542-5141 : (520) 628-6595 )nnl nnT t'�R, l6��! k• sl�cA �cya. 5uc�'x1mo a✓Q✓,�rn��l l��its, Mn r A n RESTAURANT OPERATION PLAN LICENSE # 1 C� O LO 1. List by Make, Model and Capacity of your. " oNA 8-S;6$ Grill AIOAIA Oven _ M4Jt1f i3vC �dbc� 5 FAGK GpNYcc1"J�i� . Freezer 2v€ 9 On0-J/q El k Refrigerator $ Y! V x 6 „1, QC J M ,264Q1 is, IX AAA Sink Cv E'1P/I Q%r/�11spJ / 5 1/llNlc�SS S � ��� O/w� Dish Washing Facilities 'ecoA1113 d90 DFC 'r5 41000 Food Preparation Counter (Dimensions) ? q r 3 0 �' O F S rhJAlLe.S S $ feEt ! A!� LDS Other IPYZZ.0 2. Print the name of your restaurant: 3. Attach a copy of your menu (Breakfast, Lunch and Dinner including prices). 4. List the seating capacity for. a. Restaurant area of your premises [ / e.3 t ] b. Bar area of your premises [ + / ] c. Total area of your premises 5. What type of dinnerware and utensils are utilized within your restaurant? 7 j� Reusable 0 Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes, what percentage of the ublic floor space does this area cover). 7. Yes S z /jeloh! % $g No F� o a Sfe ui�a ,5E2�/rNl ��d�.ft,G 7. What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar, cocktail tables or game area_) �'/ % *Disabled individuals requiring special accommodations, please call the Department Iic0114 05119W 8. Does your restaurant contain any games or television? ❑ Yes"A No If yes, specify what types and how many of each type (Televisions, Pool tables, Video Games, Darts, etc). nAUc n c 9. Do you have live entertainment or dancing? ❑ Yes'A No (If yes, what type and how often?) t_ 10. Use space below or attach a list of employee positions and their duties tofully staff your business. A7 r1k IS 1, 40 .Alf 6 z 5LzL hereby declare that I am the APPLICANT filing this, application. I have (Print full name) read this application and the contents and all statements true, correct and complete. —State ofu j (�`� County of v The fore oing instrument was acigiowledged before a this �;,wmnfipwICANT): 1 1 (D day of Day afMonth Month Year My commission expires on:: (Sign of NOTARY P LIC) �r KATHY A. BAYER Notary Public - Arizona M;uricopa County nM, Commission Expires "lly 18, 2004 2 ,fw A RIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor 400 W Congress #150 Phoenix AZ 85007-2934 ucson AZ 85701-1352 (602) 542-5141L� (520) 628-6595 HOTEL -MOTEL AND RESTAURANTIMNSH P 3. 5 5 RECORDS REQUIRED FOR AUDIT OF SERIES #11 & #12 LICENSES MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the Department any documents necessary to determine compliance with A.R.S. §4-205.02(G). Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. If you do not have all food or liquor invoices, please contact your vendors immediately and request copies of missing invoices. These must be available for pick-up at the time of the Audit Interview Appointment. If all food invoices are not available at that time, you may not be given credit for all food sales. 2. A list of all food and liquor vendors 3. The restaurant menu used during the audit period 4. A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6. A recent, accurate inventory of food and liquor (taken within two weeks of the Audit Interview Appointment) 7. Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9. Financial Statements -Income Statements -Balance Sheets 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Guest Checks 4) Coupons/Specials 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks. 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns LIC1013 05/2003 /J 4, 4 12. Payroll Records A. Copies of all reports required by the State and Federal Government B. Employee Log (A.R.S. §4-119) C. Employee time cards (actual document used to sign in and out each work day) D. Payroll records for all employees showing hours worked each week and hourly wages The sophistication of record keeping varies from establishment to establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. §4-210(A)7 AND A.R.S. §4-205.02(G). A.R.S. §4-210(A)7 The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel -motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. §4-205.02(G) For the purpose of this section: 1. "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food. 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article. I, rint licensee name): Last First Middle have read and fully understand all aspects of this statement. State of ��e-- County Of The foregoing instrument was acknowledged before me this �'—C.d day of CSC r"o &11 2.00.3 i o iced A. BAYER Day Month Year a T Notary Public - Arizona 6 g Moricopa County Commission Expires _ My commission k uly 1 04 Day N�onth a (i afore of ROTARY PUBLIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS F1 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington Sth Floor 400 W Congress #150 . Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (602) 542-5141 QUESTIONNAIRE (520) 628-6595 n attention all Local Governing Bodies: Social Security and Birthdate Information is Confide is information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. nrT ., -, n ?• r, r tuw v% . r- - Read carefully. This instrument is a sworn document. T e or print with black ink. An extensive 1nve�tiQation of your back- ground will be conducted. Fa'rsse or incomplete answers could result in criminal prosecution and e denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (l 0% 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. ' LiLicense # — r uo q Ef_f.10/01/03 there is a S29.00 processing fee for each fingerprint card submitted. A service fee of S25.00 will be charged for all dishonored checks (A.R.S. 44.6852) I h �C I l,J (If the Inention is r 1. Check Owner ❑Partner ❑Stockholder ❑Member ❑Officer ❑Agent ❑ Manager(Only) appropriate 0 Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14,14a & 25) boa —, Licensee or Agent must complete # 25 for a Manager Licensee or Agent must complete # 25 2. Name: G /./4E5CR Ukod D Date of Birth: /1-25- +'1 Last Q First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number-:Q6GDrivers License #: 5 A/ 1'I�-Z I State: 1)&19AM (This Will Not Become a Part of Public Records) 4 . Place of Birth: _ jZ, X Z5 O E0d 6 ZtAIJA4 Height: 5 %O'f' Weight: $ 4 Eyes: Hair. (S Al City State Country (not county) 5. Marital Status ❑ Single tR Married ❑ Divorced ❑ Widowed Residence (Home) Phone: 6 02) R 4 - 7 .4 6. Name of Current or Most Recent Spouse: 4 L/1 E5it L.0PI4/*1e, Date of Birth: all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden 71You are a bona fide resident of what state? 412/70 #14 If Arizona, date of residency: /1 pl ( 1516 8 Telephone number to contact you during business hours for any questions regarding this document. 4 CA ) 543 - 8 7L? 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: 5� r5 0/� /Ili W YO L Premises Phone: fl /PCt� Fq� (_� 11. Licensed Premises Address: 168yi . 'Me/2 S wrir to l /'91/Pf/2d ✓ FACES MQ21ev0.4 4 7 j;r0^1/J 61�aiC Street Address (Do not use PO Box #) City County Zip 12. List your employment or type of business during the past five (5) Years, if unemnloved part of the time, list those dates. List most recent 1st FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) q7 CURRENT sl oc,�1 ue rS d4a A146Ld yak x. //8 d- rAfvIt (51-VD. s-r11rc 9-180 n/do�iv�x nQi�9Na gsv'b ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate your residence address for the last five (5) years: FROM MonthTear 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 ! CURRENT pwr�9160.5 . _/ 3 4ACA _ �111Q ENJ�c /1 a7 8b o LI 1 Disabled individuals requiring special accommodations please call (bUZ) S42-9027 8 I% If you checked the Manager box on the front of this form skip to # 15 f 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the ❑YES NO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training. Course within the last 5 years? (Must provide proof) ❑YES NNO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only DYES XNO those that were alcohol and/or drug related 16. Have you EVER been convicted, fazed, posted bond, been ordered to deposit bail, imprisoned, had sentence OYES XNO 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 DYES O 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 i YES ONO had a business, professional or liquor APPLICATION OR LICENSE rejected denied, revoked suspended or r`' fined in this or any other state? S C 19. Has anyone EVER filed suit or obtained a judgment against you in a civil action, the subject of which involved OYES P(NO fraud or misrepresentation of a business, professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director; ,VYES ONO or manager on any other liquor license in this: or any other state? 5 CC �tlAC,tIE 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 involv0d 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 lYManaller Section 21. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ONO If the answer to #21 is "NO" course must be completed BEFORE ISSUANCE 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, ��1Q/✓p L�G 5�/L , hereby declare that I am the APPLICANT filing this questionnaire. (Print fll name of Applicant) . I have read this questionnaire and the contents and all statements are true, correct and co pleb t C e �" STgr KATHY 91194�goin3 ( ign of Applicant) Notary Public - 'z na Maricop My Commission it .s Jul i My commission expires on: Day Month Year (Sil County Aelliv-,n4c&_ strument was acknowledged befo me this of -Month Year ofNOTARY 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): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this 11 (Signature of LICENSEE/AGENT) My commission expires on: Day Mondi Year day of Day Month (Signature of NOTARY PUBLIC) Year F9 0 EXHIBIT A nn'' C �'�.. Arizona Department of Liquor Licenses & Cone Liquor License Application Questionnaire of Bernd GlaesJP03 OCT 23 P 3' 55 Name of Applicant: Streets of New York, Inc. Location: #16841 E. Shea Blvd., # 101, Fountain Hills, Arizona 85268 Question # 18: Mr. & Mrs. Glaeser are the owners of the Uptown Brewery by the Streets of New York located at 1470 East Southern Avenue in Tempe, AZ In 1998, the Uptown Brewery in Tempe was fined $ 250.00 for selling Growlers to go without the proper license. The company's attorney advised the Glaesers that Growlers could be sold under a number 1 license but he was mistaken. The attorney for his ill advice reimbursed the Glaesers for the fine. Subsequently the Glaesers transferred a # 7 license # 7070253 to this location and are now allowed to sell Growlers to go. On May 18, 1999, the Uptown Brewery in Tempe was fined $ 250.00 for violating A.R.S. 4-244.13 for allowing an employee to consume alcohol while on duty. The employee was responding to a customer complaint and tasted the beer that the customer was complaining about. The employee was terminated. The fine actually paid was reduced to $ 125.00 under the Mail -in Program Reduction. On May 21, 1999, the Uptown Brewery in Tempe was fined $ 250.00 for violating A.R.S. 3-244.13 for allowing an employee to consume alcohol while on duty. In this case the bartender consumed a shot of alcohol, which was purchased for her by a customer. This employee was also terminated. The fine actually paid was reduced to $ 125.00 pursuant to the Mail -in Program. On January 22, 2000, The Uptown Brewery in Tempe was fined $ 500.00 for violating A.R.S. 4-228 for permitting the front doors of the licensed premises to be locked, while allowing persons other than on -duty employees to remain inside and A.R.S. 4-244 (23) for allowing an underage person to remain on the licensed premises without a parent, legal guardian or spouse of legal age. We signed a Consent Agreement. We have informed all members of our management team of the severity of these violations and will continue to vigorously enforce our own policies, which are designed to operate in full compliance of all applicable liquor laws. O i O U 06 U) CD U) c a) V J L O J O E cu Q. O �L Q r_ O cu U Q. CL Q N C N 0 J L. O cr J A CO CV tP) O N Q N 3 O U- O U C > m Y � L � O U) Cv W Z W OD O _(D Cn -it N �+ O ;r CCI V C J CC � U = .Q � CL Q N O a) 0 m Z Z CD CV O N N u ..f E �.`.>. O CD ' CO (.0 CD ti Cfl M O C) O O O � rf N r c?f� ti N 00 I- Co � C? 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N M O Lo co Q x c -I-- O_ CD N O Lo co Q x c m L W (0 N N LO co Q � = U r O M Lo co Q '-' O> � O_ Cl) M N Q D f0 OU w Cl) N r O LC) coL.C) Q x -c L O_ N N Q m X � O N In N Q m W 2 CDO N L1') N Q m ai N N U() Q m a E N N N LC) Q m a E O 1- N M N Un Q a) CD- E O F- LAC) LO CO Q m 4 O 0 U) LO LO NCO Q m -�e O U Cn Ln LO Q m -o le O U U) O_ c 'o U3 c m LU O N M m0 -2 w m > C:) O -O w E O L m W o M m m m O U)_ W r Q) U) 4 V V t!O z O LC) U)N � I� L O z MM (c c N U n cu W ti LO V (� r N r _O M T �. m L O LO U) C (D W o Lo O N O m LL_ W CD @ O U co E m W N N LO O c O m N `- > m U) Cl) O _O 4t n O_ U) C a c M W � i L O W o V E L O W O 7 Q i L O W o V 'O N 7 CO m C) m W O O CD 'O O 7 M m N m W O m CD 'D _> CO m N m W O CO ti C^ CO M M O O r N CO t` M O O N r N N N O O O O NO O 5 S �z DLLC NO OCT 23 P 3: 55 IFFThe. Secretary o, .Mate �� �"� � _ 'of the United States of America" r: �� j k heresy ;nsts all whom it may concern to permit the citizen !anal of the United States named herein to p - t; "�� hout delay or hindrance and in case of rner�� . _ give all lawJul aid and i)rotection. Le Secritaire d'Etat -.4 des Etats- Uni s d' miri ue e par les prisentes touter autorrtes compitentes de laisser parser �< , citoy ou ressortissant des Etats-Unis iitulaire du presentasseportewk dilai ni dculti e ; en cas de b inde lui actor 7 to de et pr �� zan l itimes. ` L^ HE U 4v tSs�l'J' El�L uli..r�IaeE :> frLii91 �.l9L S6GE6EEi o a . I SPORT TYPe/Cate- Code of issuing 7 cdde du pays PASSPAAT NO./NC SSEP i Pgorie State emetteur 151 9 6 8 81- ASSEPORT USA t i • Surname / Nom ® GLAE$E:R '- -- Given names / Pr noms'_ BERND Nationality / Nationalite _ LINITED.STATES OF AMERICA r x Date of birth) Date de naissance 25 NOV/N0no V .41 t y, Sex / Sexe Place of birth / Lieu de naissance w M G_ERMANY r Date of issue / Date de delivrance Date of expiwa-i" " to a expires 04 NOV/NOV 94 03 /N01 Authority / Autorite Amendmen ,- �" 4 .t PASSPORT AGENCY Modifications �j"' r �� SEE PAGE _ " �N v NATIONAL PASSPORT TR 4 P<U,S:AGLAESER <BERND««««««««<<<<<<_ IP- 996USA4111250M0411033«<< «< 4 _� h _. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 oe Washington Sth Floor 400 W Congress #150Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (602) 542-5141 QUESTIONNAIRE (520) 628-6595 ,.ttention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to ocal law enforcement agencies for the purpose of background checks only but must be bloffid ttae unreadable prior to posting or any public view. Read carefully. This instrument is a sworn document. Ty 1 b k' k An extensive inye�ti�ation o your bacicghround Ny1 be conducted. Fats�> tn�e ees.-6@d result to crtrrun prosecution and t e denial or subsequent revoca Woo LL a orr pernut. 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. Liquor License # Eff. 10/01/03 there is a $29.00 processing fee for each fingerprint card submitted. A service fee of S25.00 will be charged for all dishonored checks (A.R.S. 44.6852) b co vl q /�(� UJ (If the location is currently liren%ed) 1. Check Owner ❑Partner ❑Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) appropriate ❑ Other (Complete Questions 1-20 & 24)(Complete All Questions excepl # 14,14a & 25) box —, Licensee or Al4ent must complete # 25 for a Manager Licensee or Agent must complete # 25 2. Name: &LI9C-SEf- /'O'e4 1im Date of Birth: Last ll First Middle (This Will Not Become a Part of Public Records) 3 . Social Security Number: J 3 �' 36 ly 33 Drivers License #: 1811 . dl4 'VO7 I State: 11I2I79NA (This Will Not Become a Part of Public Records) A 4 . Place of Birth: #Ae- �A1S1%J� A4;C J 5CQfIt� . Height: S y'. Weight: lO7L& Eyes: iR Hair: /,l,96'DC City State Country (not county) 5. Marital Status ❑ Single'XMarried ❑ Divorced ❑ Widowed Residence (Home) Phone: G( Q1 )`9 ll - 71 6 6. Name of Current or Most Recent Spouse: �A � � f S!'�Q ' U QND Date of Birth: 11-2 S' el (List all for last 5 years - Use additional sheet if necessary) Last First Middle Maiden You are a bona fide resident of what state? 121VIOA /8 If Arizona, date of residency: Aoe l t m 6 8 Telephone number to contact you during business hours for any questions regarding this document. O.t 9.63 - S 777 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: G f26 r5 46 A/EV1 V/7&< Premises Phone: ofac 0 ISO 2 11. Licensed Premises Address: IGSall C. 5 #64 5OQ: !O( l�'7✓N%/d /if t f s jt *A K&M 4je 1'e4•j J.524 Street Address (Do not use PO Box #) City County Zip 12. List your employment or type of business during the past five (5) years, if unemployed part of the time, list those dates. List most recent 1st. FROM Month/Year TO Month/Year DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINESS (Give street address, city, state & zip) S 19�8� CURRENT IGr /►�2Es l .l,i ro7111,�4 41A✓Dr, 0 ,#a1aoN,o S.S oa8 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate vour residence address for the last five (5) years: M 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 Zi s I CURRENT wO g�oS l►I �i3 ��n�c� cam Z se LIC 0101 0412003 Disabled individuals requiring special accommodations pease call ((JUL) dal-Yuc/ K If checked the Manager box on the front of this form skip to # 15 46a 14. As an Owner, Agent, Partner, Stockholder, Member or Officer, will you be physically present and operating the DYES NO the licensed premises ? If you answered YES, how many hrs/day? , answer #14a below. If NO, skip to #15. 14a. Have you attended a Department approved Liquor Law Training Course within the last 5 years? (Must provide proof) ❑YES ❑NO If the answer to # 14a is "NO", course must be completed before issuance of a new license or approval on an existing license. 15. Have you EVER been detained, cited, arrested, indicted or summoned into court for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 16. Have you EVER been convicted, fhnedposted bond, been ordered to deposit bail imprisoned had sentence suspended, placed on probation or parole for violation of ANY law or ordinance (regardless of the disposition even if dismissed or expunged)? For traffic violations, include only those that were alcohol and/or drug related 17. Are there ANY administrative law citations, compliance actions or consents, criminal arrests, indictments or summonses PENDING against you or ANY entity in which you are now involved? 18. Have you or any entity in which you have held ownership, been an officer, member, director or manager EVER had a business, professional or liquor APPLICATION OR LICENSE rejected denied revoked suspended or fined in this or any other state? seer M rr.4r#e4 19. Has anyone EVER riled suit or obtained a judgment against you in a civil action, the subject of which involved fraud or misrepresentation of a business professional or liquor license? 20. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, director; or manager nn "n n4is fi.>. . fi: ;_ ♦l � —1--- a_o OYES "XNO DYES )QNO .' DYES )(NO RYES DNO ❑YES ,KNO -)<-V F.q nNn If any answer to Questions IS 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 1V1anaur Section 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, _ ,C/1 &//.vi (d` Lq F, 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. M My commission expires on: e of County of lls sr BH i2 (Signature of he foregoing t strument was acknowledged before m this � 4 ` � O Ofy UIC - Arizona d� Maricopo County day of l" ti,71Jt ►L7 3 - My Commission Expires Da ' Y Month yM q " 181E iuly 18, 2004 Day Month Year (SS ature nfNnTARY i TRr ire FILL IN THIS SECTION ONLY IF YOU ARE A LICENSEE OR AGENT APPROVING A MANAGER APPLICATION Licensee or Agent Approval of ManaEer 25. I, Print Licensee/Agent's Name): Hereby authorize the applicant to act as manager for the named liquor license. State of County of The foregoing instrument was acknowledged before me this X (Signature of LICENSEE/AGENT) day of Day Month Year My commission expires on: Day Month Year (Signature of NOTARY .z EXHIBIT A Arizona Department of Liquor Licenses & ControO L L C Liquor License Application Questionnaire of Lorraine Glaeser2003 OCT 23 P 3: 55 Name of Applicant: Streets of New York, Inc. Location: #16841 E. Shea Blvd., # 101, Fountain Hills, Arizona 85268 Question # 18: Mr. & Mrs. Glaeser are the owners of the Uptown Brewery by the Streets of New York located at 1470 East Southern Avenue in Tempe, AZ In 1998, the Uptown Brewery in Tempe was fined $ 250.00 for selling Growlers to go without the proper license. The company's attorney advised the Glaesers that Growlers could be sold under a number 1 license but he was mistaken. The attorney for his ill advice reimbursed the Glaesers for the fine. Subsequently the Glaesers transferred a # 7 license # 7070253 to this location and are now allowed to sell Growlers to go. On May 18, 1999, the Uptown Brewery in Tempe was fined $ 250.00 for violating A.R.S. 4-244.13 for allowing an employee to consume alcohol while on duty. The employee was responding to a customer complaint and tasted the beer that the customer was complaining about. The employee was terminated. The fine actually paid was reduced to $ 125.00 under the Mail -in Program Reduction. On May 21, 1999, the Uptown Brewery in Tempe was fined $ 250.00 for violating A.R.S. 3-244.13 for allowing an employee to consume alcohol while on duty. In this case the bartender consumed a shot of alcohol, which was purchased for her by a customer. This employee was also terminated. The fine actually paid was reduced to $ 125.00 pursuant to the Mail -in Program. On January 22, 2000, The Uptown Brewery in Tempe was fined $ 500.00 for violating A.R.S. 4-228 for permitting the front doors of the licensed premises to be locked, while allowing persons other than on -duty employees to remain inside and A.R.S. 4-244 (23) for allowing an underage person to remain on the licensed premises without a parent, legal guardian or spouse of legal age. We signed a Consent Agreement. We have informed all members of our management team of the severity of these violations and will continue to vigorously enforce our own policies, which are designed to operate in full compliance of all applicable liquor laws. 0 L 0 U 06 N U) V J L 0 73 a-S J w- 0 a.+ i c� Q CD 0 �L Q L CD cn c CD 0 cu / c V :.i m cu CL QL 0 N J in c 0 CD U_ CD J � L. c = 0 _a., J N J Vol Z s x w Lb to CV LO 00 m _ 0 N �L Q fn i _ O LL c- 0 Tl- *k U � _ t m o L d N � IJJ z µ- co O U) 4t d O fSf C) C J U = Q M Q � w � O N ,u m z z C) CND M 0 U) a� u L O Cfl (D O -t Il ti Cl) O I- � O ti N cT t. t0 O O O O O O O O CO CU O "t (D (D M O O O N N M co I` N � O I` 0 r- Il- M t` 1- rl- I` r- r- t` O CO N N N CD I,� O O O d' Cfl O Q) I� M I� � C1 O O L? L? Ln O z I� co (D mr � d7 N Lo m co = co 'ITM zr O) CD O m Lo CD M co 'Qta{1 c) .--(1 Q� r I- "1 r- ti r, Lr) V) CD y m M 0) Cl) 0) � ti O M I- r- N CiiU Nw 1l-. 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U) 0 0) CO U) U) a- O O -p 'O N 'O LO _ �t "O � -O @ @ aJ w O 'a w O O 0 T @ aJ > @ LL>9 O of C) N 2 �' N O Q Q Q _N N Q) 5 o in in T @ U) in @ o 1 a� a c c c O o 7 0 D 0 @ m r 3 > c @ c> U) aD a) 0 m CO M O .0 U EO m' I� N O a) a) @ C L L_ L @ @ @ @ C L Q) T L @ r C O> Otz O C C Q) a) a) s ~ O U) U) U) U) M U)J w H O Z O > U) C� C cn cn Lu @ Wo m z co m z> W o o Q W W LL @ @ @ O O W c� m W 0 (D O LL W O O O ti O O W W W NM o o D� M; - LO w CO v �r -'I- o 0 0 CO CD (D CD M r O O � O N N co CD co CD O 1� co CO CO r N N N N (.O M O O O O CDO O_ O y r M d' co 0)O N N � CO CO CD CD m CD '. I 1 14 hp A Streets of New York DLLC 11811 N. Tatum, Suite OCT 23 P 3� 56 P-1003 Phoenix, Arizona 85024 Tel # (602) 953-8777 Fax # (602) 953-8778 MEMO Date: October 23, 2003 To: State of Arizona, Department of Liquor Licenses Attn: Ms. Cindy Bejar — Licensing Supervisor From: Robert H. Gewald - Controller Subject: Liquor License for a # 12 License For a New Restaurant in Fountain Hills, AZ Total Pages including cover: 19 pages (including this cover page) Cindy Would you kindly look over the attached to be sure that I have completed all that needs to be completed correctly and that I have attached all that needs to be included for an Application for a #123 Liquor License for our new restaurant to be opened in early January 2004 in Fountain Hills, Arizona. If there is anything missing or that would need to be included that is not included please let me know (telephone # 602-953-8777 office or #480-225-8495 mobile). Thank you in advance for your attention to this. It is my first submittal. Attached please find the following: A). Completed Application for Liquor License (Form # LIC0100) — Lorraine Glaeser is the Owner/Agent B). Completed Questionnaire (Form # LIC0101) for Mrs. Lorraine Glaeser with Exhibit A (Answer to Question # 18) and Exhibit B (Answer to Question # 20) Page 1 of 2 Application for a #12 Liquor License Streets of New York, Inc. 6r C). Mrs. Lorraine Glaeser's Finger Print Card D). Mrs. Lorraine Glaeser's Arizona Driver's License copy E). Completed Questionnaire (Form # LIC0101) for Mr. Bernd Glaeser with Exhibit A (Answer to Question # 18) and Exhibit B (Answer to Question # 20) F). Mr. Bernd Glaeser's Finger Print Card G). Mr. Bernd Glaeser's Arizona Driver's License copy H). Mr. Bernd Glaeser's United States Passport copy I). Streets of New York check # 91673 for $2,000 payable to the Arizona Department of Liquor Licenses and Control for the Application Fee for a #12 License. J). Acknowledgement of Records requested for Restaurant Audits K). Menu — 1 folded L). Restaurant Operation Plan M). 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'OyY. x a N C) C Ln w n M W e•• e' L i N Ln Lo cn T) Ln O O 0 lf1 Lo y3e CT) L,r,L,mLO ELnt.m fn v mr<r�cor-,:c*ico y�06 :vi b mE•10 E -gig L�y ' ¢'cm7 'E E - C • N fmlJ � L tLO.I � � L E mcs M m L y O L y : o d O E3 a` .v CD E a N o 0 m a m a O cE mmry w :N a E mV m cu 'm 'L L. cnS O. : mN : LL m U Cl yL Ya :!, as c�0 d m m a N .Q d O. ,L t O` 'd C `i.Qa m m y m N o.Y ai' 3 mCLci o ioN I mN L)) EV mN LOCI dca C L �% e o o O m U •p Q O.N m Y- Y� o� aNi.S m� TZ a 3a> m �" m s o m s E m m g m d m d s c O Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Public Works cloi #0 *gularE,❑ Meeting Date: 11/20/03 T ontact Person: Tom Ward Requesting Aetion® Tie of ociui%nt Needing A�i�r6 1�a�Cliecl ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Go"ei `.o iit dWeck,"-w--pri'�t���a ❑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 Rem"entiaWo dui - Consideration of the Special Event Liquor License Application submitted by American Legion Post 58, 16837 E. Parkview Ave. The request is for a fundraiser scheduled for December 6, 2003 from 9:00 a.m. to 10:00 p.m. Consideration of the Special Event Liquor License Application submitted by American Legion Post 58, 16837 E. Parkview Ave. The request is for a fundraiser scheduled for December 13, 2003 from 9:00 a.m. to 10:00 p.m. Consideration of the Special Event Liquor License Application submitted by American Legion Post 58, 16837 E. Parkview Ave. The request is for a fundraiser scheduled for December 31, 2003 from 9:00 a.m. to 1:00 a.m. StfiiAeeoiknrrnenlatidn« Approve Pur se "i Iti i aric71 B"jjVurid t foAhationi To obtain Council approval for the special event liquor licenses. The applications meet the security requirements, complies with statutory and liquor license regulations, and received a favorable recommendation from the Sheriffs office based on background investigation. At the manager's request in an attempt to reduce paper, full applications will not be reproduced for the packets. The front pages will be included for representative purposes and the full applications are available for review in the clerk's office. ,`' IttoliiaYnQliy"ws Ward memo; MCSO memo; application front page tip&ir[t nano« Consent Agenda LF- fiat",*, De art 77-114141,03 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Council DT: November 12, 2003 FR: Tom Ward, Director of Public Works RE: American Legion Special Event Liquor License The American Legion Post 58 is requesting Council approval for three special event liquor license permits for fund raising events scheduled for December 6, December 13 and December 31, 2003. Hours of operation for the December 6 and 13 events are 9:00 a.m. to 10:00 p.m. Hours of operation for the December 31, 2003 (New Year's Eve) event are 9:00 a.m. to 1:00 a.m. (January 1). The events will be held at the American Legion located at 16837 East Parkview Avenue. Although the special event liquor license is issued by the state, local approval by the Council is required. Public Works and the Maricopa County Sheriff's office have reviewed these applications. They are consistent with previous applications. There have not been any known alcohol violations to date that would prohibit granting of the permits. In addition, the American Legion will have up to six security guards during the events and will post two security guards at the entrance and the exit to prevent alcohol leaving the permit area. Based on incident -free past events, statutory compliance, and the fund-raising nature of the event that benefits the community, staff recommends approval. \\earth\BBrannon\Liquor Licenses\Staff Memos\American Legion 3 12-03 Events.doc MARICOPA COUNTY SHERIFF'S OFFICE Memorandum To: TOM WARD From: GALEN REIFSCHNEIDER #960 Director of Public Works Special Events FOUNTAIN HILLS Coordinator/Community Services Deputy Subject: SPECIAL EVENT LIQUOR LICENSE Date: November 10, 2003 M. Amaio. Sheriff The purpose of this memorandum is to endorse the attached special event Liquor License Submitted by American Legion Post #58 of Fountain Hills. This issue will go before The City Council for final approval. During the events of December 6, 2003, December 13, 2003 events, starting at 9am and ending at I Opm time frame, the permit covers only the area specified in the application. The December 31, 2003(New Year's Eve) event, starting at 9am to lam (January IS`), the permit covers only the area specified in the application. As of this application, there have not been any known alcohol violations to date, which would prohibit granting of this permit. In addition, the American Legion Post #58 will have security present during the event and will post two security guards at the entrance and the exit to prevent alcohol leaving the permit area. Based on the above information, I recommend approval of this permit. 5000-135 RIO-93 (MW97 v1.0 5/27/98) 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 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT FLIC# 1. Name of Organization: �j��r ,C (C,k EC1 iQk ( osr st S-�8- 2. Non-Profit/I.R.S. Tax Exempt Number: gfo - 16 S 3. The organization is a: (check one box only) N Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Parry, Ballot Measure, or Campaign Committee ❑ Religious 4. What is the purpose of this event? h./AJ 14 61C12 6 io 1� eWAW l r 5. Location of the event: 14 ft3 7 &14y1rFw Ale ti—y j/%A,Cree.4A Address of physical location (Not P.O. Box) City County zip Applicant must be a member of the qualifying organization and authorized by an Officer Director or Chairperson of the Organization named in Ouestion #1. (Signature required in section #18) 6. Applicant: Oc j/n Ita) 1< Efu Last First Middle Date of Birth 7. Applicant's Mailing Address: 17CS3 e� l)� L �,eJ � /�Ls & S'�a� Street City State zip 8. Phone Numbers: (�90) kj%-�yz z- (���") ef� %-,�y.-k Vyo) Situ Applicant's # Applicant's Home 9. Date(s) & Hours of Event: (Remember: you cannot sell alcohol before 10:00 am. on Sunday) -%c; Z\JCLG4PE Si( ( nV 0 6 & Date Day of Week Hours from A.M./P.M. Day 1: Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Lic 0106 M003 ra-13r-03 i �t &iti DP,? of"oo A-rn To A.M./P.M. or QO A-#l- i-Cc)-c-4 *Disabled inividuals requiring special accommodations, please call (602) 542-9027 10. Has the applicant been convicted of a felony in the past five ears, or had a liquor license revoked? ElYES NO (attach explanation ifyes) 11. This organization has been issued a special event license for W days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES V1 NO If yes, attach a copy of the agreement. AN 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross revenues of Alcoholic Beverage Sales. Name Address Percentage .44,Q eD (Attach additional sheet if necessary) 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. 1. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) -# Police ❑ Fencing Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? YES ❑ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? M YES ❑ NO (ATTACH COPY OF AGREEMENT) X0e12(e^&d k C 6;o.r �-y ) f3 ?-S-qs-Y Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER. DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I, M J!!F, / 1 , declare that I am an Officer/Director/Chairperson appointing the (Print full name) appli ant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event L' or License. n X14A1VAGc /2. (Title/Position) (Date) (Phone #) OFFICIALSEAL DEANNA M.N State of - CountyNotary Public • na The fore o' trument was acknowled ed before me thiMARICOPAg gMy Comm, axpi0a 002 ") Day , montb- .Year My Commission expires on: tllu- C'4 Juy 4 & (-/ (Date) (Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I, — / , declare that I am the APPLICANT filing this application as (Print full name) I. listed.' Question 6. I have read the application and the contents and all statements are true, correct and co ete. f-- FICIAL SEAL State of County o &-141,1�� X I The f e ing strument was acknowledge before me this ( Notary Public - Stof Arizona C MARICOPA COUNTY U My comm. expires Jan. 8, 2006 tMonth Year My commission expires on: pZ Q0 4� (Date) (Signature of NOTARY PUBLIC) You must obtain local government approval. City or County MUST recommend event & complete item #20. The local city or countv jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. 20. LOCAL GOVERNING BODY APPROVAL SECTION I,__ F,VE.L�/1�1 �Y�•'e►r JOW►'1 hereby recommend this special event application (Government Official) (Title) A / on behalf of FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) ❑ APPROVED ❑ DISAPPROVED BY: (Date) (Date) (Title) (Date) SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. NT LA 1;1r1'c7t' I.: -C +/ ��� U 1 I 1• �;^' _� I ' /�. �' �' � ; e'�•,� 1 �Tt;� � `.�:r � c.1,'s�_?t,:���r /� ] �/,'.�} �.i \'t � ' r Ili 14 .� III �� r`�*- +�.� � �.r !j '/�' � `lll�x\ ���'�� .`I' '�� � �.__ �`!�J/,�. �. 'l `t• 'I .a ...ttr �::"'�� � r. J. �'J ' /.' '� rJlll -• 'c, I 1/ r sue•/ � t� \ J -J I �' �/ `•J J �� .. I\ ` ./ _� , _t , ( � %•-� I �1 I �v` Z rimer { `� I IV'I r -T JV � - -`�5��'. '� �� � ��+ it �1��,r l♦� F, l_� ��`� _�.{ .. '' ), !�.'a I ,` � i"( �� _�. ( i %' � 'III' -'.li i, 1 E � ���• ..J, I � - - Oi,' J _ �..'../ �f}N.✓, � r�l ,�� I - r AMERICAN LEGION POST 958 FOUNTAIN HILLS, ARIZONA 16837 E PARKVIEW AVE 480 837 5958 85268 pc ror3ti2 a8", �003 Orp( zc�} T Td Im 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 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT FLICo 1. Name of Organization: !t' f}N ,�6610 A) itlsl— #s-y 2. Non-Profit/I.R.S. Tax Exempt Number: D (c (O 3 8' 3. The organization is a: (check one box only) W Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious j 4. What is the purpose of this event? &N P 6,qig'e��Fo ,- l/� rc�i 4 C�fs�w in ac 5. Location of the event: 16 9-3 ? 4 • Ave- FTi2,V dx XyAle <G,'AZ e -z6k Address of physical location (Not P.O. Box) City County zip Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the �w Organization named in Ouestion #1. (Signature required in section #18) 6. Applicant: Last 7. Applicant's Mailing Address: First Middle Date of Birth Street City State zip 8. Phone Numbers: d) (AP) k 2 ,,1VZ 2 - Site� Applicant's t3usmess P ApplicanVs Home 9. Date(s) & Hours of Event: (Remember. you cannot sell alcohol before 10:00 a m. on Sunday) MO -DVCLclbc St • A Gv liate Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: j2 13 o3 5grae�-)4K 6i.,0041m- we(,) {gym. Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Uc 0106 0512003 *Disabled inividuals requiring special accommodations, please call (602) 542-9027 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES,, NO (attach explanation if yes) 11. This organization has been issued a special event license for —9!— days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES NO If yes, attach a copy of the agreement. jk 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross revenues of Alcoholic Beverage Sales. Name , Address rm�,2rcga �EAmd 04T IL937 C-i (Attach additional sheet if necessary) Percentage 140 le 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) —# Police ❑ Fencing —�—# Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? (ATTACH COPY OF AGREEMENT) i Name of Business i ■ • Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. THIS SECTION TO BE COMPLETED ONLY BY AN OFFICER DIRECTOR OR CHAIRPERSON OF THE ORGANIZATION NAMED IN QUESTION #1 18. I, - L p , declare that I am an Officer/Director/Chairperson appointing the (Print full name) applit listed in Question 6, to apply on behalf of the foregoing organization for a Special Event L' or License. W_�Signature (Title/Position) (Date) (Phone #) OFFICIAL SEAL State of Olu�� County of A s.� WDEANNAryPuM. WORKMAN The forego't trument was acknowledged be re me this otary Publie - State of ArizonaMARICOPA COUNTYit 3y comm. expires Jan. 9, 2008 V Day Month Year My Commission expires on: �? (Date) (Signature of NOTARY PUBLIC) THIS SECTION TO BE COMPLETED ONLY BY THE APPLICANT NAMED IN QUESTION #6 19. I, declare that I am the APPLICANT filing this application as (Print full name) listed in Question 6. I have read the application and the contents and all statements are true, correct and X Mary Public ,State of Arizone MARICOPA COUNTY My comm. expires Jan. 9, 2008 My commission expires State of n County of The foregoing Ankument was acknowledged Wefore me this (?�;"3L & ()0 3 ay / Month Year (Signature of NOTARY PUBLIC) You must obtain local government approval. Citv or County MUST recommend event & complete item #20. The local city or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I,&_J2&JWh 6e=ydfr rwn (?Ae-E IL hereby recommend this special event application (Government Official) NiTitle) onbehalfof FfaGLh%lIN IY IIIS AP.IJUd. W'Town or'� Yi (Si tur of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) ❑ APPROVED ❑ DISAPPROVED BY: (Date) (Title) (Date) SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. NT jj` I I a l! 1/�1 1 }f,7�� f \ •/ _ T/ \� J �) t �� �JJ��... /j ♦/ '- \ I IT�� J� J-1,114 I Ul ;rJ `, I `S' o t �`. .x�r ' ' - �—'� ,, r 1 I'• t '_ it II _ `1 r '� Oj T a � ''� �,� •. y . ;-�, ,.. ; � ter. ,- �,{{ I Iry �/. �/. _J� i � S��J.. /" � \✓ �, �^ •V.���/�\ � lr�.l ' "'�.';at) C;,.. �1 �' l .I • J,.`• I / f _. a- AMERICAN LEGION POST #58 FOUNTAIN HILLS, ARIZONA 'W AVE r, R 837 5958 P5268 // I �(2(z��,' ? �6� � pC I/C'c/1/S�'� Fo 2 T/i C Pr_'oc i c D ; 45? - /3 - 03 / /. C i� x0 !"-%/ /v -4) L' Lu'g /1'1 q lvlq 6e J" . ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor VIS 400 W Congress #150 Phoenix AZ 85007-2934 .. Tucson AZ 85701-1352 (602) 542-5141 (520) 628-6595 APPLICATION FOR SPECIAL EVENT LICENSE Fee = $25.00 per day, for 1-10 day events only A service fee of $25.00 will be charged for all dishonored checks (A.R.S.§ 44-6852) PLEASE NOTE: THIS DOCUMENT MUST BE FULLY COMPLETED OR IT WILL BE RETURNED. DEPT USE ONLY **APPLICATION MUST BE APPROVED BY LOCAL GOVERNMENT LIC# 1. Name of Organization: 2. Non-Profit/I.R.S. Tax Exempt Number:( 3. The organization is a: (check one box only) �j Charitable ❑ Fraternal (must have regular membership and in existence for over 5 years) ❑ Civic ❑ Political Party, Ballot Measure, or Campaign Committee ❑ Religious ' 4. What is the purpose of this event? `U&I D /L tS t r L P- I� � �/0) �6f yQ 1 T� es' 5. Location of the event: JZL3? z--7, pn� ✓4�-a / Tit% )4L4S AlwefCC+m krur Address of physical location (Not P.O. Box) City County zip ` Applicant must be a member of the qualifying organization and authorized by an Officer. Director or Chairperson of the %tw, Organization named in Question #1. (Signature required in section #18) 6. Applicant: Last First Middle Date of Birth 7. Applicant's Mailing Address: % 7©S 1 &0 A z KGZI� k Street City State zip 8. Phone Numbers: #k0) Site w� Applicant's ?mess # scant s�Tome 9. Date(s) & Hours of Event: (Remember you cannot sell alcohol before 10:00 a m. on Sunday) T'V :zric DC S 0 GN A 6l=— Date Day of Week Hours from A.M./P.M. To A.M./P.M. Day 1: SA 7 1,e A9 ©9 'Cd A ni lD ; Cd 6 tolij Day 2: Day 3: Day 4: Day 5: Day 6: Day 7: Day 8: Day 9: Day 10: Lic 0 106 05/2003 *Disabled inividuals requiring special accommodations, please call (602) 542-9027 10. Has the applicant been convicted of a felony in the past five years, or had a liquor license revoked? ❑ YES XNO (attach explanation if ves) 11. This organization has been issued a special event license for 9 days this year, including this event (not to exceed 10 days per year). 12. Is the organization using the services of a promoter or other person to manage the event? ❑ YES X NO If yes, attach a copy of the agreement. 13. List all people and organizations who will receive the proceeds. Account for 100% of the proceeds. THE ORGANIZATION APPLYING MUST RECEIVE 25% of the gross revenues of Alcoholic Beverage Sales. Name W (Attach additional sheet if necessary) Address Percentage i e)6 /o 14. Knowledge of Arizona State Liquor Laws Title 4 is important to prevent liquor law violations. If you have any questions regarding the law or this application, please contact the Arizona State Department of Liquor Licenses and Control for assistance. NOTE: ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT PREMISES." 15. What security and control measures will you take to prevent violations of state liquor laws at this event? (List type and number of security/police personnel and type of fencing or control barriers if applicable) — —# Police ❑Fencing -4L—# Security personnel ❑ Barriers 16. Is there an existing liquor license at the location where the special event is being held? YES ❑ NO If yes, does the existing business agree to suspend their liquor license during the time period, and in the area in which the special event license will be in use? f YES ❑ NO (ATTACH COPY OF AGREEMENT) Name of Business Phone Number 17. Your licensed premises is that area in which you are authorized to sell, dispense, or serve spirituous liquors under the provisions of your license. The following page is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades or other control measures and security positions. BY ORGANIZATION NAMED IN UESTION #1 `r f'e-li Notcry FcbncY- s ate of'Arizona MARICOP/, COUNTY My Comm, expires Jan. 9, 2Q00 18. I, N E bVIWIVAIJ declare that I am an Office g the (Print full name) applicant listed in Question 6, to apply on behalf of the foregoing organization for a Special Event Liquor License. x t� c'. e �I��r �E� 10 a�-a3 � �3� - �2 -- — (Signature (Title/Pos�") (Date) (Phone #) My Commission expires on: 19. I. Ni .AL SEAL State of l� C.-6 Z IV -) County of I. WORKMAN The foreg ' g instidnent was acknowledge b ore me this State of Arizona ^ w 0 OPA COUNTY (f x*- Jan. s. 2oo11 Day Month Year (Date) (Signature"Of NOTARY PUBLIC) ) BE COMPLETED ONLY BY THE APPLIC IN , declare that I am the APPLICANT filing this application as (Print full name) 1. listegiQuestion 6. I have read the application and the contents and all statements are true, correct and com ete. State of ty of��/1 X �� The,f going i strurnent was acknowledged before me this ��,. OFFICIAL SEAL ' (`'`��76 � CANNA M. WORKMAN �ja� onear ..}J� Notary Fublic -State of Ariz t t • OII II'tOUN M}l My co rn. expires (Signature of NOTARY PUBLIC) You must obtain local government approval. City or County MUST recommend event & complete item #20. The local city or county jurisdiction may require additional applications to be completed and additional licensing fees before approval may be granted. LOCAL GOVERNING BODY APPROVAL SECTION 20. I, 1f P� h °CLLE / caw n (? et—k hereby recommend this special event application (Government Official) / I (Title) on behalf of FC) 0_0 I (xi h C 1 i tS Q 4 t - ( r , Town or k Qom, (Si afire of OFFICIAL) (Date) FOR DLLC DEPARTMENT USE ONLY Department Comment Section: (Employee) ❑ APPROVED ❑ DISAPPROVED BY: (Date) (Title) (Date) SPECIAL EVENT LICENSED PREMISES DIAGRAM (This diagram must be completed with this application) Special Event Diagram: (Show dimensions, serving areas, and label type of enclosure and security positions) NOTE: Show nearest cross streets, highway, or road if location doesn't have an address. NT LaPIP,E1, PV AI t ;�v ,` y� . C r..� Y • AMERICAN LEGION POST #S8 FOUNTAIN HILLS, ARIZONA A VEE 837 5958 P5268 (c 7-0,6tIC ;g003 -F0 2 T/i c Town of Fountain Hills Town Council Agenda Action Form Regular Meeting NleetinDate:November 20, 2003 Parks and Recreation Cuntit Person: Mark Mayer Consent:❑ R1ar:'® Tvue df %cument Needing Approval (Check all that ati 10 ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Master Public Art Plan CouncilPriority (Cheek''^ Apprcprlate Areasj: ❑ 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 1Zegular A en a ?ordina:' Consideration of Approving Resolution 2003-70, the Master Public Art Plan by the Public Arts Committee of the Arts Council for the Town of Fountain Hills. Approve cal Impact:; No Rtt `' se:nf lteinifi&,Ba&jzrouncl forifiation: The Public Arts Committee of the Arts Council is requesting the approval and adoption of the Public Art Committee Proposed Master Public Art Plan. The proposed Master Plan would establish rules and regulations by which art may be acquired by the Town of Fountain Hills. Additionally, the Master Plan identifies several public areas of the community that may be suitable for displaying public art, including several established public areas. Those existing areas are comprised of the Community Center and courtyard, Fountain Park, Avenue of the Fountains, fountain entry monuments, and the River of Time Museum. The proposed Master Plan has been review by Public Work staff, Parks and Recreation staff, the Community Center Advisory Commission, and the Parks and Recreation Commission. Staff and both Commissions recommended approval of the plan with the following stipulation: "The appropriate Town Departments should review the proposed public art piece and location of the piece, and then make the appropriate recommendation to the Town Council. If there are any issues concerning the art piece or location of the art piece, the Town Council should direct staff to work with the Public Arts Committee to resolve those issues". The Public Arts Committee Proposed Master Public Art Plan and Resolution 2003-70 are attached for consideration and approval. Public Art Master Plan and Resolution 2003-70. T`vnew of'Preseritahoiz Oral Mark C. Mayer, Director of Parks & Recrea n Department Hea Timoth ickering, own Manager Budget Review (if item not budgeted or exceeds budget amount) RESOLUTION NO.2003-70 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS PUBLIC ART MASTER PLAN. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Resolution No. 1997-44 on September 4, 1997, designating the Fountain Hills Arts Council (the "Arts Council") as the official representative of the Town in all matters dealing with the promotion of public arts within the Town of Fountain Hills (the "Town"); and WHEREAS, the Arts Council established the Fountain Hills Public Arts Committee (the "FHPA Committee") to administer its public art program and to develop the Town's public art master plan to set forth community -wide goals on matters relating to public art and community aesthetics; and WHEREAS, the FHPA Committee has developed the Fountain Hills Public Art Master Plan (the "Plan"), attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Town Council desires to approve the Plan. 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 adopts the Plan 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 carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, November 20, 200�. FOR THE N O W. J. N-ichofs, Mayor REV7.1411 JY: ; UNTAIN Tim G. Pickering, Town Man ATTESTED TO: APP OVED AS TO FORM: t er Andrew J. McGuire, Town Attorney 9196.001\Resolutions\2003-70 Art Master Plan.res.doc 11-12-03-1 n Date Received: 9 ��TAIN �l V S HEDULED PUBLIC APPEARANCE/PRESENTATION FORM a �qQ�`i�'� A Citizen or Groups may apply to have an item placed on the Agenda by submitting a completed Public Appearance/Presentation Form to the Town Clerk for submission to the Town Manager. Reminder: Requests must be received no later than 5:00 p.m. eight (8) calendar days prior to the regular meeting date to ensure timely delivery to Council Members. If additional staff time is needed to research a proposed agenda item, the Town Manager may postpone the appearance/presentation date. If the Town Manager determines that the subject should not be placed on the agenda, an individual 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 then submit that request to the Town Manager. APPLICANT'S NAME: �� ;�Lv�'e C� A�� v,�c �t s bb �3 Cay APPLICANT'S ADDRESS: �� o �y tia �°=�"`'^�� ```� 0 PHONE/FAX: <- 0- % • O1 ` E-MAIL ADDRESS: `'A U �M-, AGENDA DATE(S) APPLICANT IS AVAILABLE: O) o Description and purpose of Appearance/Presentation: t I �s-4 A6I. s �, �� �S J nG� �����5 �� t >� t 0L1 A�eJ rr� �U 0.Q L,IV-4 Will the presentation item require that staff provide audio/visual support? Yes ❑ No)n Required: Attach all p}aterials (documents, reports, letters, information, etc.) to be presented or viewed. N 11 's Signature 9- 17-aS Date F oved ❑ Item to be placed on the Agenda dated: d ❑ Manager's Signature Date E:\BBender\Documents\Forms\Schedued Public Appearance -Presentation Form.doc 9/15/2003 Town of Fountain Hills Public Art Master Plan (insert town logo) Adopted XXXXXX XX, 2003 9 Pagel Public Art Committee Proposed Master Public Art Plan N Table of Contents Introduction History of Public Art Contemporary Examples and Funding Sources History of Fountain Hills History of Art in Fountain Hills Art Opportunities and Sites What is Public Art? Guidelines for Art Site Selection Project Priorities Program Administration Roles and Responsibilities Selection Process Purpose of Guidelines Primary Methods of Acquisition Criteria for Evaluating the Acceptability of Artwork Policies and Procedures for Acquiring Art through Purchase or Artist Selection Selection Methods Policies and Procedures for Accepting Gifts, Bequests and Loans of Artwork Additional Information Page 2 Public Art Committee Proposed Master Public Art Plan 3 3 4 6 6 6 7 7 8 8 9 9 11 12 13 Introduction History of Public Art Public Art has long played an important role in expressing the identity of a culture and what it felt like to live in time and place the art vcas created. In many cases, public art is the legacy by which we remember an ancient culture. In ancient Greece, for example, public art was prominent in the form of statues and great temples. The grand architecture of the cathedrals inspired awe in medieval worshippers, while commemorative statues of horse -mounted generals spoke of the illustriousness of a single person. Public art has been a part of the American landscape since Colonial times. Statuary and commemorative sculpture were the dominant types of artwork celebrating the significant achievements of American public figures and historic events. Contemporary Examples and Funding Sources After the establishment of the National Endowment for the Arts in 1965, the field of public art underwent significant change. As more and more cities adopted "percent for art" ordinances, public art has evolved from a process that placed large-scale versions of studio sculpture into unrelated spaces. Today, art is routinely integrated into the surroundings it is placed in, often becoming part of building or structure itself. In cities like Seattle, Philadelphia, Los Angeles, Miami and others, artists working in the public realm became more involved in the design of public spaces - working closely with architects, landscape architects and engineers. The result was the use of art to shape a new public space, not just enhance an existing one. In Seattle, Phoenix and Scottsdale, the art went one step further. It has become an integral part of civic infrastructure: bridges, waste treatment plants, freeways, parks, sports complexes and other projects. Funding for contemporary public art has come in large part from "percent for art" ordinances. Additionally, public art is funded through local, state and federal grant programs. Corporate sponsorships as well as private donations, from individuals and foundations, also play a major role in funding public art. History of Fountain Hills The area where the current community of Fountain Hills now stands has a rich history. About 800 years ago, the area where the Salt and Verde Rivers meet was Page 3 Public Art Committee Proposed Master Public Art Plan home to between 4000 and 10,000 Hohokam Indian. Through most of the 70ti, „ Centurv, much of the area was known as the P-Bar Ranch. In 1968, the ranch was sold to the McCulloch Oil Corporation. The community's founding birthday is considered December 15, 1970 when the famous "World's Tallest Fountain" was turned on for the first time. Construction of the first homes began in late 1971, with the first residents moving in in early 1972. Fountain Hills was officially incorporated on December 5,1989. Through the past thirty years, Fountain Hills' reputation as a beautiful place to retire and a great place to raise a family has increased the population to more than 20,000 permanent residents. During its growth, art has played a major function in attracting people to Fountain Hills. Events like the Great Fair, special concerts with the Phoenix Symphony and a jazz festival have brought hundreds of thousands of visitors to town. History of Art in Fountain Hills In March 1994, after attending the annual Southwest Arts Conference in Scottsdale, Joan Behrens, Sara Hammond and Jackie Miles met with then Community Center Director Evelyn Breting to discuss the possibility of forming a local arts council for the purpose of promoting the work of local artists, musicians, writers, thespians and dancers and to help these individuals become aware of one another through local networking activities. In October 1994, the Town of Fountain Hills and the Civic Association commissioned a community cultural assessment, sponsored by the Arizona Commission on the Arts. Nearlv fifty citizens participated in either the open forum or in the surveys collected. Our community's strengths and challenges were discussed, and four key issues were identified. • The need for a cultural center facility with performance, gallery and meeting space • A need for an arts council to provide leadership for cultural growth • A need to involve the arts in community design and planning • A need for youth services including after school and summer programs The Arts Council bylaws were formally adopted in March 1995. The Council stated purpose is to enhance the quality of life in the Fountain Hills area by developing, supporting and promoting the visual, performing and literary arts. Since the Council had no money to begin with, the ad hoc committee decided to eliminate the costs of incorporation fees, liability insurance and office facilities by Page 4 Public Art Committee Proposed Master Public Art Plan serving at least temporarily under the umbrella of the Civic Association, a 501(c)(3) organization. Through the 1994 Cultural Assessment, a clear need for a public art committee was recognized. In 1997, the Fountain Hills Arts Council was designated as the authorized agency of the town for the development and promotion of public arts. Resolution 199744 recognized the value of public art to the town. It authorized the Arts Council make grant applications, to deal with state and federal agencies and to accept donation on behalf of the town in all public art matters. The Arts Council tasked its public art committee as the primary group responsible for carrying out the resolution. In September 1998, the Arts Council accepted a "Vision for Public Art in Fountain Hills". This vision statement prioritized public arts projects as discussed later in this document. In 2002, there were 150 paid members of the Arts Council. The Council is governed by a 26-member board of directors representing various community arts and cultural organizations. In addition to membership fees, activities are funded through donations, grants and fund-raising sales. The public art currently in place in Fountain Hills falls under three main categories: pieces acquired through the efforts of the FHAC and the Public Art Committee; community fountains; and privately owned art in public spaces. A complete listing is included in Appendix B of this document. Examples of pieces acquired by through the efforts of the Fountain Hills Arts Council and the Public Art Committee include: • Precious Cargo by Jason Napier • A Good Book by Mark Lundeen • Flower Dancing in the Wind by Jerry McKellar • Community Center Signature piece by Red Wolf • Brothers by Dr Paul Russo Fountains are what this town is famous for - with the World's Tallest Fountain as our town's symbol. Several other fountains line the Avenue of the Fountains, including Sip and Splash by James Haire. Many playful sculptures are sprinkled throughout the Fountainside Plaza, an example of privately owned art in public spaces. The Bronco Buster by Frederick Remington and the Coppertree on the Avenue of the Fountains are two other examples of private business owners enhancing our community with art. Page 5 Public Art Committee Proposed Master Public Art Plan Art Opportunities and Sites All public art within or on property owned by the Town of Fountain Hills shall adhere to the guidelines of the Fountain Hills Public Art Master Plmr. In addition, the Fountain Hills Public Art Committee is prepared to offer public art counsel and guidelines to public art located on private property as included in the following definition: What is Public Art? Public Art is defined as the work of a visual artist located in a publicly accessible space. Public art includes, but is not limited to, paintings, murals, statues, stained glass, fiber art, relief or other sculpture, fountains, arches and other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, landscape art, and crafts, both decorative and utilitarian. Public art may be temporary or permanent in nature. Public art projects may also include visual or landscape artists serving on design and development teams to identify opportunities and approaches for incorporating artwork or aesthetic concepts into Town building and visible public improvement projects. Guidelines for Art Site Selection Before identifying specific sites or priorities, the following basic criteria for choosing potential art sites should be applied. When evaluating potential art sites or opportunities to involve artists on a design team for larger projects, it should be asked whether art at a particular location has the ability to: • Reveal a unique or special quality about Fountain Hills • Enhance the daily routine of the commuter, pedestrian, worker or resident • Contribute to awareness of Fountain Hills' history and cultural identity • Add aesthetic quality and interest to Fountain Hills' infrastructure • Serve as a landmark or place -maker • Engage the public in an entertaining, educational, or contemplative wav • Make a statement about the identity, character or values of a particular area or community within Fountain Hills Page 6 Public Art Committee Proposed Master Public Art Plan Project Priorities The Fountain Hills Arts Council and the Public Art Committee have identified the following projects as priority sites and public arts projects 1. Fountain Hills Community Center: The priority project within the community center is the signature piece - a mural created by Red Wolf located in the lobby. This project is scheduled for completion in Spring 2003. Additional projects within the Center have been identified for placement in the lobby; the seminar and conference rooms; the ballroom patio area; and the vending/break room. The complete text of the recommendations, along with a map is included in the appendix. 2. Community Plaza: The community plaza, located in front of the community center and the library/museum complex, shall be developed into a facility of exceptional quality to serve as the community's downtown center for culture and commerce. It will incorporate a rich variety of public art that will enhance community identity and promote the appreciation of art in Fountain Hills and the surrounding area. Art will be integrated into the public structures and overall design, which shall include shade, water features and lighting. It will be a user-friendly gathering place for residents and visitors, and shall provide for special events. Other projects given high priority, but without specific plans include: 1. Avenue of the Fountains/ Downtown Development 2. Fountain Hills Parks 3. Main Thoroughfares Program Administration Roles and Responsibilities The Fountain Hills Arts Council is the parent organization of the Fountain Hills Public Arts Committee. The FHAC has assigned to the FHPAC the responsibility to administrate its public art program, including policies and guidelines; provide oversight of development of public art projects; and supervise maintenance and conservation of the Towri s art collection. The President of the Fountain Hills Arts Council selects the committee chair. In turn, the chair designates the committee members. The committee shall be comprised of an odd number of not less than nine or more than thirteen members. Committee members shall be members of the Fountain Hills Arts Page 7 Public Art Committee Proposed Master Public Art Plan Council. Subcommittees may be formed as needed, with additional volunteer help beyond the members of the committee as needed. Regular attendance to committee meetings is important for the administration of programs. Committee members who fail to attend on a regular basis will be reminded in writing of this requirement. Failure to respond is a basis for terminating committee membership. The FHPAC, together with the Fountain Hills Arts Council, strives to create a cultural community climate where diverse public art experiences and activities can thrive. It should recommend community -wide goals and directions to the Town Council on all matters pertaining to public art and community aesthetics. To accomplish the above responsibilities, the Fountain Hills Public Art Committee should: • Develop a Fountain Hills public art master plan • Determine methods of selecting artists, public artworks, and locations of those artworks • Recommend Town Council action regarding the acquisition and disposal of all works of art acquired through the public art program, whether on loan or as a gift or purchase • Accept, receive and dispose of works of art on behalf of the Town after approval of the Town Council • Determine community support for public art and search for ways to encourage and expand that interest Selection Process These Guidelines are intended to govern the acquisition and acceptance of art by the Fountain Hills Arts Council on behalf of the Town of Fountain Hills for its public art collection. The Guidelines also outline the process for reviewing and evaluating works of art under consideration for the Town of Fountain Hills Public Art Collection, to determine the suitability of artwork, appropriate locations for possible installation, and evaluating future maintenance and safety requirements. Purpose of Guidelines The purpose of these Guidelines is to ensure that: • public art acquired by the Town of Fountain Hills is of the highest quality • it enhances the aesthetic character of the community's public spaces • it advances the public understanding of art • it does not place an undue burden on the Town for the artwork's maintenance, security or public safety. Page 8 Public Art Committee Proposed Master Public Art Plan JT i Primary Methods of Acquisition Public art is acquired through two primary methods: • By the active procurement of a specific work of art or the selection of an artist for a specific project. • As the result of a gift or loan whereby the Town becomes a beneficiary. Both methods present unique requirements and concerns. Consequently, the protocol for each must be somewhat different. For this reason, these guidelines have been organized in two sections: 1. Policies and procedures for acquiring art through purchase or artist selection 2. Policies and procedures for accepting gifts, bequests and loans of art. If matching funds are used to acquire the artwork, the purchase guidelines are to be followed. Criteria for Evaluating the Acceptability of Artwork Regardless of the method of acquisition, certain, fundamental criteria that will be universally applied to any work of art under consideration: • Artistic merit • Physical condition of the artwork • History and provenance of the artwork • Compatibility with the Town's public art program and collection • Availability of an appropriate location for siting on Town property • Requirements for installation, storage, and maintenance • Liability considerations and issues of public safety Policies and Procedures for Acquiring Art through Purchase or Artist Selection The Fountain Hills Arts Council will follow principles adopted and utilized by a majority of public art programs in the nation, generally understood as the independent panel review process. This is a comprehensive review -and -approve procedure identifying, ranking and recommending public art purchases and selected artists. The process begins with the Public Art Committee, moves to the Arts Council Board of Directors, and is finalized by the Fountain Hills Town Council. 1. The Public Art Committee will identify potential art projects or art purchase opportunities. Working with appropriate town departments, commissions and Page 9 Public Art Committee Proposed Master Public Art Plan 9 citizens, the Committee will bring forward to the Arts Council Board potential projects and/or purchase opportunities for consideration. 2. The Arts Council Board will decide which projects or purchases will be recommended to the Town Council. The Fountain Hills Town Council will have the final decision on which projects or purchases will be undertaken. 3. If the Town Council approves an intention for a project or purchase, the Public Art Committee will assume the role of an independent selection panel. The Committee will review all submissions and rank order two finalists. If matching funds are used, equal representation from all funding sources shall comprise the independent selection panel. 4. Due to their size, complexity, or monetary value, some projects or purchases may require certain expertise outside the scope of the standing Public Art Committee. On such occasions, the Committee will enlist the services of individual arts and design professionals, engineers, and artists to assist in the selection process. 5. The Public Art Committee will maintain records of all its deliberations, and will provide a comprehensive report to the Arts Council Board for each project or purchase, including the panel's initial selection recommendation. 6. The Public Art Committee will make its recommendation at regular meeting of the Arts Council Board of Directors. The agenda for this meeting, including the Public Art Committee's report, will be published in the local newspaper and posted at the Fountain Hills Community Center, so that members of the public may have adequate notice and opportunity for comment. This meeting of the Arts Council Board of Directors will be the primary vehicle for participation in the process by members of the general public. 7. The Arts Council Board will review the panel's "first choice" recommendation. Should the Board not approve the panel's "first choice," they may vote to a) award the project to the second -ranked finalist, or b) refer the matter back to the panel for further consideration. 8. Should the Arts Council Board approve the recommendation of the Public Art Committee, their action will be forwarded to the Town Council for consideration in a Consent Agenda. The decision of the Town Council may be appealed, in writing, within ten business days. Following any such appeal, the subsequent decision of the Town Council is final. Page 10 Public Art Committee Proposed Master Public Art Plan 9. Upon Town Council approval of anv public art project or purchase, the Public Art Committee will contact the selected artist or artist's agent. The Committee will prepare a contract covering the entire scope of work to be performed, and specifying all fees to be paid, including those for any travel expenses, shipping and/or installation charges. A copy of this contract will be given to the Town Attorney for review prior to presenting it to the artist or agent. 10. Working in cooperation with appropriate Town of Fountain Hills staff and/or commissions, the Public Art Committee will assume responsibility for project management: overseeing the purchase, shipment and installation of selected art work, or the design, fabrication and installation of a commissioned project. 11. According to the payment schedule stipulated in the contract, the Public Art Committee will be responsible for paying all project fees in a timely fashion. 12. Upon completion of the purchase or project, the Public Art Committee will arrange a public dedication and formal transfer of ownership to the Town of Fountain Hills. Selection Methods There are a variety of commonly accepted methods used by public art programs for identify and selecting artists or works of art. The Public Art Committee will choose the most appropriate method for a given project or purchase from among the following options: Open Competition: This method offers opportunities in which any professional artist is eligible to enter. A Project Profile, an announcement with information about the project, will be circulated, requesting artist proposals for review by the selection panel. Invitational or Limited Competition: This two -staged competition calls for artists to submit qualifications (slides and documentation of past work) for the selection panel's consideration, instead of a proposal. The panel selects three to five artists to visit the site and develop detailed proposals or to participate in an interview process. The artists may be paid for their proposals and site visits based on a percentage of the project budget. The panel then reconvenes to select an artist and/or proposal. Direct Selection and Nominations. In this method, the panel selects one artist on the basis of slides and/or documentation of past work. The pool of work reviewed can be solicited through a call -to -artists or by using an existing artist slide bank. The artist is selected based on one review and a contract is negotiated for the development of a proposal. Page l l Public Art Committee Proposed Master Public Art Plan Direct Purchase. A method that results in the purchase of already completed artworks, based upon the panel's recommendations. Available artworks are assembled by the Public Art Committee for the panel's review using a call -to - artists or an existing slide bank. Policies and Procedures for Accepting Gifts, Bequests and Loans of Artwork This process begins with the Public Art Committee, moves to the Arts Council Board of Directors, and is finalized by the Fountain Hills Town Council. Immediately upon receipt of an offer, the Public Art Committee will provide the prospective donor with a copy of these Guidelines. The Review Process 1. Eligible offers of artworks from artists, owners, businesses, organizations, individuals or other entities shall be submitted by the donor to the Public Art Committee of the Fountain Hills Arts Council for proper processing. Eligible offers shall include the following elements: • A Letter of Intention stating that the donor wishes to donate, loan and/or bequest an artwork to the Torn. The donor may suggest the artwork's placement on Town property. • A written description of the artwork, including a definition (i.e., painting, sculpture, fabric hanging, etc.); medium the date created; the name and, if possible, a resume of the artist who created the artwork; its dimensions; physical condition, and any relevant background information about the artwork and the artist. • The name, address and phone number of the prospective donor. • Visual documentation of the artwork. (i.e., color photographs, 35 mm slides, videotapes, etc.) • Donor may be asked to provide additional documentation to verify originality and legal title to the work. 2. As soon as possible thereafter, the Public Art Committee will schedule a review of the offer, notifying the prospective donor in writing of the date and time for the review. The prospective donor will have an opportunity to make a brief informational presentation to the Public Art Committee. 3. Upon reviewing and examining the artwork and evaluating the proposed gift, loan and/or bequest according to the criteria detailed below, as soon as it is practicable, the Public Art Committee will make a recommendation to the Page 12 Public Art Committee Proposed Master Public Art Plan Fountain Hills Arts Council's Board of Directors regarding acceptance or non- acceptance of the artwork. 4. The Fountain Hills Arts Council will consider the recommendations of the Public Art Committee during a meeting of its Board of Directors, at which time, public comment can be heard. 5. The Arts Council will forward its recommendation of acceptance to the Fountain Hills Town Council. 6. In the event that the Arts Council declines an offer, the donor may appeal the decision to the Fountain Hills Town Council. 7. The Town Council shall accept or decline the artwork for the Town. The Public Art Committee will formally notify the prospective donor of the Town Council's decision in writing. Additional Information Prospective donors should understand that artwork -would not be accepted by the Town with attached conditions or restrictions, except in extraordinary circumstances, which will be noted and approved by the Public Art Committee in advance of the acceptance. Neither the Public Art Committee nor the Town of Fountain Hills is obligated to accept bequeathed items that in its opinion would be inappropriate in the Town's public art collection. No object will be accepted for the Town's art collection if ownership is in question. Art objects will be accessioned only when they have been collected, exported and imported in full compliance with the laws and regulations of the country or countries of origin, and with the laws and regulations of the Town of Fountain Hills, Maricopa County, the State of Arizona and the United States. Under no circumstances will individuals of the Arts Council, Public Art Committee or Town staff give appraisals of art objects. Page 13 Public Art Committee Proposed Master Public Art Plan Appendix B Public Art Inventory PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 4th day of September, 1997. FOR THE TOWN OF FOUNTAIN HILLS Jerry REVIEWED BY: ' Paul L. ordin, Town Manager riwMATAYNaa!f►1-44A13 ATTESTED TO: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: William E. Farrell, Town Attorney Resolution 1997-44 Page 2 of 2 RESOLUTION 1997-44 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DESIGNATING THE ARTS COUNCIL OF THE FOUNTAIN HILLS CIVIC ASSOCIATION AS THE AUTHORIZED AGENCY OF THE TOWN ON DEVELOPMENT AND PROMOTION OF PUBLIC ARTS WITHIN THE TOWN OF FOUNTAIN HILLS AND SETTING FORTH THEIR DUTIES AND RESPONSIBILITIES NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the promotion of public art in all forms within the Town of Fountain Hills is of value to the Town and its residents and promotes and encourages the public health, safety and welfare of the Town. Section 2. That there already exists as an arm of the Fountain Hills Civic Association known as the Fountain Hills Arts Council and that Council is hereby designated by the Town as the official representative of the Town in all matters dealing with State and Federal art agencies to the extent that the matters relate to the promotion of public arts within the Town of Fountain Hills. Section 3. That the Arts Council is authorized and directed to make application for grants and participation in programs which will enhance and promote public art within the Town. Section 4. That the Arts Council may request from the Town Council that the Town participate in.projects and in grant requests with contributions of either cash or kind and that said contributions must be approved by the Town Council. Section 5. That the Arts Council may accept contributions and donations on behalf of the Town and that said contributions or donations shall be accounted for annually to the Town. Section 6. That the Arts Council periodically report its progress and its plans to the Town Council at a regular or special meeting of the Town Council. Resolution 1997-44 L%MATA,W"F "1-"A0 Pagel of 2 Appendix A Resolution 1997-44 1.10. 01' Bill by Dr. Paul Kolwaite, A GIFT OF THE ARTIST, located in the library/museum lobby. 1.11. Free to be Me, a tribute to Fountain Hills youth by Marianne Caroselli funded by the ARTS. COUNCIL, MCO PROPERTIES, THE SUNRIDGE FOUNDATION, MICHAEL FLECK & JACKIE & JERRY MILES, temporarily located in the Community Center. 1.12. Community Center signature piece by Red Wolf, funded by MCO PROPERTIES, to be located in the lobby of the Community Center. 1.13. The Enduring Family by J. K. Laing, funded by the CIVIC ASSOCIATION AND THE SUNRIDGE FOUNDATION, to be located on the Community Center plaza. B. COMMUNITY FOUNTAINS: 2.01. The World's Tallest Fountain located in Fountain Park. 2.02. Avenue of the Fountains # 1 located at Saguaro Blvd & Avenue of the Fountains. 2.03. Avenue of the Fountains 92 located on the Avenue across from Villagio Plaza. 2.04. Avenue of the Fountains #3 located on the Avenue across from Desert Kettle. 2.05. Avenue of the Fountains 94 located on the Avenue across from Hank & Co. Fine Jewelers. 2.06. Avenue of the Fountains #5 located on the Avenue of the Fountains on the west side of Verde River Drive. 2.07. Sip and Splash by JAMES HAIRE donated to the TOWN OF FOUNTAIN HILLS by the ROTARY CLUBS of FOUNTAIN HILLS. Located at the Avenue of the Fountains on the east side of Verde River Drive. 2.09. The Fountain at Shea & Palisades. Funded by MCO PROPERTIES. 3 May 21, 2003 I. ART & SCULPTURE OWNED BY THE TOWN A ART AND SCULPTURE WITHIN THE COMMUNITY CENTER, IN THE ORDER OF ACQUISITION 1.01. Precious Cargo by Jason Napier, funded by JACKIE & JERRY MILES, located at the southwest corner of the Community Center. 1.02. A Good Book by Mark Lundeen, funded by the FOUNTAIN HILLS LIBRARY ASSOCIATION, located at the entrance to the library. 1.03. Flower Dancing in the Wind by Jerry McKellar funded by the SUNRIDGE FOUNDATION AND ASTA FORREST, located at the NE corner of the library. 1.04. The library stained glass windows, Windows of the Mind by Mary Meyer, funded by gifts from DALE & DIANE DAY & FAMILY, ASTA FORREST, THE FOUNTAIN HILLS LIBRARY ASSOCIATION, BOB & PHYLLIS HORAN, PHYLISS KERN, MCO PROPERTIES, INC. and GENE & JOAN OWENS, located on the north side of the library. 1.05. The Enduring Spirit by Martha Pettigrew, funded by FRIENDS OF PEG TIBBETTS, located in the library/museum lobby. 1.06. Desert Ghosts by Ken Rowe funded by the PHYLLIS & BOB HORAN, located in the library/museum lobby. 1.07. Old Friends by George Lundeen, funded by FRIENDS OF HARLAN COLLINS, located in the library/museum lobby. 1.08. Petrograph screen by Doug Weigel, funded by RACHEL K. BLOCK-DIRKSE, located in the library/museum lobby. 1.09 Embrace by David Hiles, funded by the CIVIC ASSOCIATION AND THE SUNRIDGE FOUNDATION, located on the southeast corner of the Community Center plaza. 2 May 21, 2003 B. OTHER PRIVATELY OWNED PUBLIC ART 5.01. The Bronco Buster by Frederick Remington. Life-size reproduction located at Mirage Homes, 16927Saguaro, south of Shea. 5.02 Two antique tractors. R.E. Monks Construction office, 16646 E. Laser Drive. 5.03 Copper Tree at 16820 Avenue of the Fountains. 5.04 Fountain at the entrance to Lakeside Village, at Saguaro & El Lago. 5.05 Mural at 16838 Park -view painted by Lynette McGraw. Mural is of a sunrise depicting the rise of health. III PUBLIC ART IN THE RIVER OF TIME MUSEUM The River of Time Museum itself, located in the library/museum building of the Community Center, is a magnificent work of public art, with its outstanding displays of the history of this region. But the museum is also beginning to assemble a collection of outstanding paintings and, so far, one excellent piece of sculpture, that is worth seeing. Most of the pictures are by Earl MacPherson, an outstanding artist who was an early resident of Fountain Hills. These pieces include: 6.01 Soaring Free, sculpture by DAN RATSO 6.02 Sheep in the Canyon, painting by YOKO RUSSELL 6.03 P-Bar Ranch, painting by J. RUSSELL LARSON 6.04 General Crook on Apache, painting by EARL MacPHERSON 6.05 King on the Superstitions, painting by EARL MacPHERSON 6.06 Yavapai Apaches, painting by EARL MacPHERSON 6.07 P-Bar Round Up, by EARL MacPHERSON 6.08 Fountain Hills 1878 by EARL MacPHERSON 5 May 21, 2003 2.08. The Fountain at Shea & Palisades. Funded by MCO PROPERTIES. C. OTHER CONLMUNITY OWNED PUBLIC ART 3.01. Walkway Through Time by MICHAEL ANDERSON, funded by gifts from DENNEYS. MCO PROPERTIES, COMFORT INN, BANK OF ANIERICA, MCO REALTY and HOLIDAY INN, located on Shea Boulevard just east of Saguaro Boulevard. 3.02. A Tribute to 9111, graphic art by Michael Fleck. Purchased by the Town of Fountain Hills. Located in the Community Center Conference Room. 3.03. Brothers by Dr. Vincent P. Russo, A GIFT OF THE ARTIST, located in the lobby of Town Office Building B. 3.04. George the Tortoise by Randy Hand funded by the SUNRIDGE FOUNDATION, THE FOUNTAIN HILLS CIVIC ASSOCIATION & NUMEROUS PUBLIC DONORS. Located in Fountain Park near the playground. II. PRIVATELY OWNED PUBLIC ART & SCULPTURE A. SCULPTURE IN PLAZA FOUNTAINSIDE. 4:01. See Saw 4.02. Girl with a butterfly by E. Bernoud 4.03. Boy with a stick 4.04. Boy on a bike by Jim Davidson 4.05. Boy washing his dog 4.06. Climbing the mountain 4.07. Barefoot Girl 4.08. Girl with a Goose 4.09. Girl with wheelbarrow by Jim Davidson 4.10. Surfer boy 4.11. Boys on a Ladder 4 May 21, 2003 pIN ;e k N 0 9 o � • ftf. 19�9 9���hat Is January 29, 2002 Town of FOUNTAIN HILLS Community Center Jon Beydler, Vice President for Public Art Fountain Hills Arts Council 13618 N Sunset Dr Fountain Hills AZ 85268 Dear Jon: On behalf of the Community Center Advisory Commission (CCAC), I would like to thank you and the Public Art Committee for requesting our input on the placement of public art within the Center. After talking with staff, reviewing usage of the facility, and walking through the building, we would ask you follow the guidelines below. For further reference, a floor plan has been included. We feel the lobby should be the site of the main signature piece for the Center. The CCAC recommends a piece be specifically commissioned. Due to other usage needs, neither this piece nor any other permanent piece shall be placed on the lobby floor, but rather on the north wall above the lounge area (A). An additional or alternative site would be a window treatment, perhaps echoing the stained glass in the library (B). The reception desk in the northwest corner of the lobby serves as an information source for the entire complex (C). We would like to see a historical piece with reference to the museum placed here. The lounge is already home to the Large Donor Recognition Plaque. A small bronze or other sculpture would be appropriate in this area as well (D). No permanent pieces shall be placed in the hallway corridor or in the ballroom. However, the ballroom patio (E) would be appropriate location for sculpture, particularly with the future development of the linear park. The seminar rooms (F) and the vendingfbreakroom (G) could all use flat pieces or wall hangings on the rear walls. The CCAC would like to see a very lively and warm piece for the breakroom. We discussed the possibility of a tile mosaic created as a public art piece by local schoolchildren. 13001 N. la Montana Dr. - Fountain Hills, Arizona 85269 - (480) 816-5200 - FAX: (480) 837-4452 14r✓ Appendix C Fountain Hills Community Center Project Priority List and Map FOUNTAIN HILLS op COMMUNITY CENTER SEMINAR 2 r SEMINAR 1 CLASSROOM 2 7- CLASSROOM 7- TOILET KIDS' ---STOR. OUTSIDE AREA ROOM STOR*., - 7 OF. CONE. WO OF. OF. IRECEP.51cn KILN '=lLECT:' DISH* ART ART 2 J'-TABLE STOR. STORAGE KITCHEN •L) VENDING 82 83 lu- 4 TELL 'ELECTRONICS WOMEN MEN, BI i 84 i7 LOUNGE LOBBY NORTH SCALE: 1'=30' MAIN ENTRY The conference room (H) needs to have a warm atmosphere. Flat pieces/wall hangings would be appropriate for the walls, including the entranceway. Additionally, a sculpture would be appropriate for the southwest corner (1). In addition to the above guidelines for placement, the CCAC requests that no outdoor art in the immediate vicinity be placed where it would impede movement in or out of the Community Center. We feel strongly that the piece on the north wall of the lobby be the Center's signature piece and ask that no additional pieces be purchased or art donations be accepted until that piece is commissioned and designed. Also, we ask that a representative from the CCAC be included in any selection panel. Again, thank you for requesting our input. We look forward to working with you throughout the public art process. If you need additional information or have any questions, please do not hesitate to contact me at 480-836-1142. Sincerely, Che 1 L. Murr C5 CCAC CC: Jim Willers CCAC members RESOLUTION NO.2003-70 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS PUBLIC ART MASTER PLAN. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Resolution No. 1997-44 on September 4, 1997, designating the Fountain Hills Arts Council (the "Arts Council") as the official representative of the Town in all matters dealing with the promotion of public arts within the Town of Fountain Hills (the "Town"); and WHEREAS, the Arts Council established the Fountain Hills Public Arts Committee (the "FHPA Committee") to administer its public art program and to develop the Town's public art master plan to set forth community -wide goals on matters relating to public art and community aesthetics; and WHEREAS, the FHPA Committee has developed the Fountain Hills Public Art Master Plan (the "Plan"), attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Town Council desires to approve the Plan. 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 adopts the Plan 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 carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, November 20, 200�. FOR THE J. Nichols, Mayor Tim G. Pickering, Town UNTAIN HIkLS: ATTESTED TO: node,141. 0 ma FRA6,111, 0" 6 1 w4j, 0, 04 APP OVED AS TO FORM: t z er Andrew J. McGuire, Town Attorney 9196.001\Resolutions\2003-70 Art Master Plan.res.doc 11-12-03-1 Town of Fountain Hills Public Art ?Master Plan (insert torn logo) Adopted XXXXXX XX, 2003 Page 1 Public Art Committee Proposed Master Public Art Plan IN Table of Contents Introduction History of Public Art Contemporary Examples and Funding Sources History of Fountain Hills History of Art in Fountain Hills Art Opportunities and Sites What is Public Art' Guidelines for Art Site Selection Project Priorities Program Administration Roles and Responsibilities Selection Process Purpose of Guidelines Primary Methods of Acquisition Criteria for Evaluating the Acceptability of Artwork Policies and Procedures for Acquiring Art through Purchase or Artist Selection Selection Methods Policies and Procedures for Accepting Gifts, Bequests and Loans of Artwork _ Additional Information Page 2 Public Art Committee Proposed Master Public Art Plan 3 3 4 6 6 6 7 home to between 4000 and 10,000 Hohokam Indian. Through most of the 2011, Centurv, much of the area was known as the P-Bar Ranch. In 1968, the ranch was sold to the McCulloch Oil Corporation. The community's founding birthday is considered December 15, 1970 %,hen the famous "World's Tallest Fountain" was turned on for the first time. Construction of the first homes began in late 1971, with the first residents moving in in earlv 1972. Fountain Hills was officially incorporated on December 5,1989. Through the past thirty vears, Fountain Hills' reputation as a beautiful place to retire and a great place to raise a family has increased the population to more than 20,000 permanent residents. During its growth, art has played a major function in attracting people to Fountain Hills. Events like the Great Fair, special concerts with the Phoenix Symphony and a jazz festival have brought hundreds of thousands of visitors to town. History of Art in Fountain Hills In March 1994, after attending the annual Southwest Arts Conference in Scottsdale, Joan Behrens, Sara Hammond and Jackie Miles met with then Community Center Director Evelyn Breting to discuss the possibility of forming a local arts council for the purpose of promoting the work of local artists, musicians, writers, thespians and dancers and to help these individuals become aware of one another through local networking activities. In October 1994, the Town of Fountain Hills and the Civic Association commissioned a community cultural assessment, sponsored by the Arizona Commission on the Arts. Nearly fifty citizens participated in either the open forum or in the surveys collected. Our community's strengths and challenges were discussed, and four kev issues were identified. • The need for a cultural center facility with performance, gallery and meeting space • A need for an arts council to provide leadership for cultural growth • A need to involve the arts in community design and planning • A need for youth services including after school and summer programs The Arts Council bylaws were formally adopted in March 1995. The Council's stated purpose is to enhance the quality of life in the Fountain Hills area by developing, supporting and promoting the visual, performing and literary arts. Since the Council had no money to begin with, the ad hoc committee decided to eliminate the costs of incorporation fees, liability insurance and office facilities by Page 4 Public Art Committee Proposed Master Public Art Plan Art Opportunities and Sites All public art within or on property owned by the Town of Fountain Hills shall adhere to the guidelines of the Fountain Hills Public Art Master Plan. In addition, the Fountain Hills Public Art Committee is prepared to offer public art counsel and guidelines to public art located on private property as included in the following definition: What is Public Art? Public Art is defined as the work of a visual artist located in a publicly accessible space. Public art includes, but is not limited to, paintings, murals, statues, stained glass, fiber art, relief or other sculpture, fountains, arches and other structures intended for ornament or commemoration, carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, landscape art, and crafts, both decorative and utilitarian. Public art may be temporary or permanent in nature. Public art projects may also include visual or landscape artists serving on design and development teams to identify opportunities and approaches for incorporating artwork or aesthetic concepts into Town building and visible public improvement projects. Guidelines for Art Site Selection Before identifying specific sites or priorities, the following basic criteria for choosing potential art sites should be applied. When evaluating potential art sites or opportunities to involve artists on a design team for larger projects, it should be asked whether art at a particular location has the ability to: • Reveal a unique or special quality about Fountain Hills • Enhance the dailv routine of the commuter, pedestrian, worker or resident • Contribute to awareness of Fountain Hills' history and cultural identity • Add aesthetic quality and interest to Fountain Hills' infrastructure • Serve as a landmark or place -maker • Engage the public in an entertaining, educational, or contemplative way • Make a statement about the identity, character or values of a particular area or community within Fountain Hills Page 6 Public Art Committee Proposed Master Public Art Plan Council. Subcommittees may be formed as needed, with additional volunteer help beyond the members of the committee as needed. Regular attendance to committee meetings is important for the administration of programs. Committee members who fail to attend on a regular basis will be reminded in writing of this requirement. Failure to respond is a basis for terminating committee membership. The FHPAC, together with the Fountain Hills" Arts Council, strives to create a cultural community climate where diverse public art experiences and activities can thrive. It should recommend community -wide goals and directions to the Town Council on all matters pertaining to public art and community aesthetics. To accomplish the above responsibilities, the Fountain Hills Public Art Committee should: Develop a Fountain Hills public art master plan Determine methods of selecting artists, public artworks, and locations of those artworks Recommend Town Council action regarding the acquisition and disposal of all works of art acquired through the public art program, whether on loan or as a gift or purchase :( . Accept, receive and dispose of works of art on behalf of the Town after err► approval of the Town Council • Determine community support for public art and search for ways to encourage and expand that interest Selection Process These Guidelines are intended to govern the acquisition and acceptance of art by the Fountain Hills Arts Council on behalf of the Town of Fountain Hills for its public art collection. The Guidelines also outline the process for reviewing and evaluating works of art under consideration for the Town of Fountain Hills Public Art Collection, to determine the suitability of artwork, appropriate locations for possible installation, and evaluating future maintenance and safety requirements. Purpose of Guidelines The purpose of these Guidelines is to ensure that: • public art acquired by the Town of Fountain Hills is of the highest qualit} • it enhances the aesthetic character of the community's public spaces • it advances the public understanding of art • it does not place an undue burden on the Town for the artwork's maintenance, security or public safety. Page 8 Public Art Committee Proposed Master Public Art Plan M citizens, the Committee will bring forward to the Arts Council Board potential projects and/or purchase opportunities for consideration. 2. The Arts Council Board will decide which projects or purchases will be recommended to the Town Council. The Fountain Hills Town Council will have the final decision on which projects or purchases will be undertaken. 3. If the Town Council approves an intention for a project or purchase, the Public Art Committee will assume the role of an independent selection panel. The Committee will review all submissions and rank order two finalists. If matching funds are used, equal representation from all funding sources shall comprise the independent selection panel. 4. Due to their size, complexity, or monetary value, some projects or purchases may require certain expertise outside the scope of the standing Public Art Committee. On such occasions, the Committee will enlist the services of individual arts and design professionals, engineers, and artists to assist in the selection process. 5. The Public Art Committee will maintain records of all its deliberations, and will provide a comprehensive report to the Arts Council Board for each project or purchase, including the panel's initial selection recommendation. 6. The Public Art Committee will make its recommendation at regular meeting of the Arts Council Board of Directors. The agenda for this meeting, including the Public Art Committee's report, will be published in the local newspaper and posted at the Fountain Hills Community Center, so that members of the public may have adequate notice and opportunity for comment. This meeting of the Arts Council Board of Directors will be the primary vehicle for participation in the process by members of the general public. 7. The Arts Council Board will review the panel's "first choice" recommendation. Should the Board not approve the panel's "first choice," they may vote to a) award the project to the second -ranked finalist, or b) refer the matter back to the panel for further consideration. 8. Should the Arts Council Board approve the recommendation of the Public Art Committee, their action will be forwarded to the Town Council for consideration in a Consent Agenda. The decision of the Town Council may be appealed, in writing, within ten business days. Following any such appeal, the subsequent decision of the Town Council is final. Page 10 Public Art Committee Proposed Master Public Art Plan Direct Purchase. A method that results in the purchase of already completed artworks, based upon the panel's recommendations. Available artworks are assembled by the Public Art Committee for the panel's review using a call -to - artists or an existing slide bank. Policies and Procedures for Accepting Gifts, Bequests and Loans of Artwork This process begins with the Public art Committee, moves to the Arts Council Board of Directors, and is finalized by the Fountain Hills Town Council. Immediately upon receipt of an offer, the Public Art Committee will provide the prospective donor with a copy of these Guidelines. The Review Process 1. Eligible offers of artworks from artists, owners, businesses, organizations, individuals or other entities shall be submitted by the donor to the Public Art Committee of the Fountain Hills Arts Council for proper processing. Eligible offers shall include the following elements: • A Letter of Intention stating that the donor wishes to donate, loan and/or bequest an artwork to the Town. The donor may suggest the artwork's placement on Town property. • A written description of the artwork, including a definition (i.e., painting, sculpture, fabric hanging, etc.); medium the date created; the name and, if possible, a resume of the artist who created the artwork; its dimensions; physical condition, and anv relevant background information about the artwork and the artist. • The name, address and phone number of the prospective donor. • Visual documentation of the artwork. (i.e., color photographs, 35 mm slides, videotapes, etc.) • Donor may be asked to provide additional documentation to verify originality and legal title to the work. 2. As soon as possible thereafter, the Public Art Committee will schedule a review of the offer, notifying the prospective donor in writing of the date and time for the review. The prospective donor will have an opportunity to make a brief informational presentation to the Public Art Committee. 3. Upon reviewing and examining the artwork and evaluating the proposed gift, loan and/or bequest according to the criteria detailed below, as soon as it is .., practicable, the Public Art Committee will make a recommendation to the Page 12 Public Art Committee Proposed Master Public Art Plan RESOLUTION NO.2003-72 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN VE AGREEMENT WITH THE SALT RIVER PIMA-MARIOC P NMEEN N COMMUNITY FOR PROPOSITION 202 FUNDING: Y BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION I. That the Intergovernmental Agreement (the "Agreement") between the Town of Fountain Hills and the Salt River Pima-Maricopa Indian Community for Proposition 202 funding is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney- are hereby authorized and directed to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, December 1 , 003. FORT FOUNTAIpd,HILLS: /// ATTESTED TO: W. J. Nichols, MayorZL-Z Bevelyn J. B, nd , Town Clerk REVIEWED BI'; APPROVED AS TO .� FORM: Tim G. Pickering, Town anager Andrew J. McGuire, Town Attorney IR 9196.001\ - A2003-72 SRPMIC IGA res.doc 12-12-03-1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND THE SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is entered into by and between the Town of Fountain Hills, an Arizona municipal corporation (the "Town") and the Salt River Pima-Maricopa Indian Community (the "Community"), a Federally -Recognized Indian Tribe, pursuant to Section 12 Payment of Regulatory Costs; Tribal Contributions ("Section 12") of the Salt River Pima-Maricopa Indian Community and State of Arizona Gaming Compact 2002 (the "Compact") and A.R.S. § 5-601.02. RECITALS A. Town and Community may enter into an agreement with one another for the distribution of 12% of the Community's annual contribution under Section 12(b)(1) of the Compact to cities, towns, or counties for services that benefit the general public or promote commerce and economic development and pursuant to A.R.S. § 5-601.02. B. The Community is empowered to consult, negotiate and enter into agreements with Federal, state, local governments and Indian tribes, as well as any person, association, - partnership, corporation, government or other private entity. C. The Town is authorized by A.R.S. §§ 5-601.02 and 11-952 to enter into agreements with Indian Tribes for the purpose of accepting distributions to cities, towns or counties for services that benefit the general public, including public safety, mitigation of impacts of gaming, or promotion of commerce and economic development. D. The Community intends to provide $25,000.00 (the "Funds"), which represents a portion of its contribution pursuant to a Tribal Revenue Sharing Agreement authorized by Section 12 of the Compact and A.R.S. § 5-601.02 to provide for the purchase of a passenger van to be utilized in connection with the operations of the Boys and Girls Clubs of Scottsdale (the "Boys and Girls Club"). AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein, and the covenants and promises set forth below, the Community and the Town, hereby mutually agree as follows: 1. Purpose. The purpose of this Agreement is to set forth the rights and responsibilities of the parties with respect to the payment and distribution of the Funds. Contemporaneously with the execution of this Agreement, the Community and the Boys and Girls Club are executing a Funding Agreement describing the use the Boys and Girls Club will make of the Funds. The Town and the Community expressly agree and understand that the distribution mechanism established in this Agreement shall be for the purpose of this Agreement 91%.00AWMIC IGA — Prop202.v3.doc 12-I1-03-1 only and that any further funding requests under Section 12(b)(1) of the Compact shall be presented directly to the Town, which may, in its sole discretion, determine whether a funding request shall be submitted to the Community. 2. Contribution. The Community shall make a payment to the Town in the amount of $25,000. The Funds shall be delivered to the Town, without any notice or invoice required, at the address set forth in Section 11 below, not later than December 31, 2003. 3. Disbursement of Funds. Promptly after receipt of the Funds, the Town shall send a payment to the Boys and Girls Club in the amount of the payment received from the Community. 4. Consideration and Reliance. The Community expressly acknowledges that the Town's promise to accept and disburse to the Boys and Girls Club all funds received by the Town pursuant to this Agreement is full and adequate consideration and shall render this promise to provide funding irrevocable, and this Agreement shall constitute a binding obligation of the Community under applicable law. 5. Non -Liability of Town. The Community further expressly agrees that it was solely responsible for determining that the distribution of the Funds to the Boys and Girls Club is permissible under Section 12 of the Compact. The Town has no duties under or related to this Agreement other than to receive the Funds and deliver same to the Boys and Girls Club. The Parties agree that there are no third -party beneficiaries to this Agreement. 6. Effective Date. This Agreement shall be effective on the date it is signed by the Community's authorized representative. 7. Term. This Agreement shall commence upon the Effective Date and shall terminate on the date Funds have been disbursed to the Boys and Girls Club. 8. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter contained herein, and all prior or contemporaneous agreements and understandings, oral or written, are hereby superceded and merged herein. 9. Amendment. This Agreement shall not be modified, amended, altered, or changed except by written agreement signed by both parties. 10. Severability. In the event that any provision of this Agreement or the application thereof is declared invalid or void by statute or judicial decision, such action shall have no effect on other provisions and their application which can be given effect without the invalid or void provision or application, and to this extent the provisions of the Agreement are severable. In the event that any provision of this Agreement is declared invalid or void, the parties agree to meet promptly upon request of the other party in an attempt to reach and agreement on a substitute provision. 11. Notification. 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) 9196.004\SRPMIC IGA — Prop202.v3.doc 12.11-03-I 2 delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (iii) given to a recognized and reputable overnight delivery service, to the address set forth below: For the Communitv: President Joni M. Ramos Salt River Pima-Maricopa Indian Community 10005 East Osborn Road Scottsdale, AZ 85256 For the Town of Fountain Hills: Timothy Pickering, Town Manager Town of Fountain Hills 16836 Palisades Boulevard Fountain Hills, AZ 85268 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 Section. Notices shall be deemed received (i) when delivered to the party, (ii) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (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. 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. 11. Assignment and Delegation. Neither party shall assign nor delegate any of its rights, interest, obligations, covenants, or performance under this Agreement. Any termination shall not relieve either party from liabilities or costs already incurred under this Agreement. 12. Limited Waiver of Sovereign Immunity. Nothing in this Agreement shall be construed to waive the Sovereign Immunity of the Community; provided, however, that the Community hereby provides a limited waiver of its sovereign immunity for the sole purpose of resolving any disputes that may arise between the Town and the Community relating to this Agreement. Any disputes arising between the Parties, if not resolved informally, shall be resolved through binding arbitration under the American Arbitration Association. 13. Conflict of Interest. The Community and the Town hereby acknowledge that this Agreement is subject to cancellation by the Town pursuant to the provisions of A.R.S. § 38-511. 91%.004\SRPMIC IGA — Prop20 A.doc 12-11-03-1 IN WITNESS WHEREOF, the Town of Fountain Hills and the Salt River Pima- Maricopa Indian Community have entered into this Agreement as of the date of the last signature below. SALT RIVER PIMA-MARICOPA INDIAN COMMUNITY . dw Je M. Ramos, President ATTEST: etary Date The undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the Community, and has determined that this Agreement is in proper form and that execution hereof is within the powers and authority granted to the Community. This acknowledgement shall not constitute nor be construed as a waiver of the Sovereign Immunity of the Salt River Pima-Maricopa Indian Community. obert L. Hunter, Jr eral Counsel ate TO FOUNT _ I�II.LS L Timothy Pic ering, Town Mager Date ATTEST: In accordance with the requirements of A.R.S. § 11-952(D), the undersigned attorney acknowledges that he has reviewed the above Agreement on behalf of the Town of Fountain Hills and, as to the Town of Fountain Hills only, has determined that this Agreement is in proper form and that execution hereof is within the powers and iority granted under the laws of the State of Arizona. / \. 1 1. A I 9196.003\SRPMIC IGA — Prop202A.doc 12-11-03-1 n W Andrew J. McGuire, Town Attorney Date Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:❑ Regular:® Meeting Date: 11/20/2003 Contact Person: Julie Ghetti Requesting Action:❑ Tyne of Document Needing Approval (Check all that appl ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:® ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: Quarterly Fiscal Report for the period ending September 30, 2003 Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Backlzround Information: Staff is presenting a report of revenues and expenditures for the quarter ending September 30, 2003. List All Attachments as Follows: Interoffice Memorandum Budget and Activity Report for the period ending September 30, 2003 Types) of Presentation: PowerPoint Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) Town Manager / Designee \\earth\jghetti\wpdata\agenda cover sheet.doc TOWN OF FOUNTAIN HILLS a a �• Es71969 • that is An"" Budget and Activity Report for the period ending 9/30/2003 TOWN OF FOUNTAIN HILLS OFFICE OF ACCOUNTING SUPERVISOR INTER OFFICE MEMO TO: Honorable Mayor and Town Council DT: November 14, 2003 THROUGH: Timothy Pickering, Town Manager FR: Julie A. Ghetti, Accounting RE: Budget Analysis Report 9/30/2003 Supervisor ` Administration The Town of Fountai Hills Budget Summary Revenue and Expenditure report for the fiscal quarter ending September 30, 2003 is attached and a summary of the revenues and expenditures follows below. Revenues for the first quarter of the fiscal year exceeded expenditures by $271,565 in the General Fund and $100,933 in the HURF fund. Revenues General Fund With the first quarter of fiscal year 2004 elapsed, General Fund Revenues are at 94% of what the quarterly budget amount should be and is summarized below: g - 3 Month 3 Month % Prior Year 3 Prior Year 3 % Budget Actual Month Budget Month Actual General Fund $3,169,721 $2,979,041 94.0% $2,596,650 $2,708,696 104.3% Revenues The five selected key revenues in the table below account for 90% of the total budgeted General Fund revenues, and as such, provide key indicators of the Town's overall economic condition and performance. The lag in local sales tax revenue is likely due to the decreased retail activity during the summer months; a six month period would be a better predictor of actual local sales tax revenues for the year. Building permit activity for the first quarter of the year has exceeded projections; a six month review of permit activity will provide a better prediction of a year end forecast. 6 yw ., Local Sales Tax $1,614,832 $1,389,155 86.0% ($225,677) State Income $456,579 $456,458 100.0% $121 Tax State Sales Tax $393,750 $403,641 102.5% $9,891 Building $192,313 $300,889 156.5% $108,576 Permits Vehicle License $190,206 $204,878 107.7% $14,672 The attached Comparative Revenue and Expenditure Budget Report - General Fund Summary for the period ending September 30, 2003 shows total current revenues of $2,979,041, which is a variance of ($190,680), or 6% for the quarter, primarily in local sales tax. However, expenditures for the quarter are less than the revenues with a favorable variance of $271,565. The local sales tax is the single largest source of revenue for the Town with a current rate of 2.6% and an annual budget of $7,633,706. Sales tax activity is made up of construction, transportation/utilities, retail, restaurants and bars, commercial rentals, services and miscellaneous. Retail activity for the first quarter of the fiscal year is less than projected; however, sales activity during the summer months is normally lower than the second quarter. LOCAL SALES TAX RECEIPTS FIRST QUARTER ENDING SEPTEMBER 30 $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 C'°� �'es� �ea� Peiso ?ae, , e tr a eo 13 FY02-03 ❑ FY03-04 ■ Budget Construction, transportation/ utilities and retail account for 80% of the total; a comparison of the past three fiscal years' first quarter collections is shown to the left. The increase in retail sales tax from FY02- 03reflects the increased retail activity at the Target center on Shea Boulevard. A portion of the 2.6% Local Sales Tax is dedicated to Land Preservation (.3%) and Downtown Development (.1%). The remaining 2.2% is available for the annual debt service payment on the Community Center MPC bonds, fire and emergency medical services and general government use. The Land Preservation and Downtown Development revenues are now recorded in a separate fund (Excise Tax Special Revenue); the balance in each as of September 30, 2003 of $1,386,410 for land preservation and $761,215 for downtown development. LOCAL SALES TAX EXCISE FUND (fund 09) Qtr Ending 2003-04 Prior Year Y-T-D Total 9/30/2003 Y-T-D Fund Balance Expenditure Available Land Preservation(.3%) $189,430 $189,430 $1,196,980 $0 $1,386,410 Downtown Development (.I%) $63,143 $63,143 $715,425 ($17,353) $761,215 GENERAL FUND RESOURCES FISCAL QUARTER ENDING 9/30/03 $2,979,041 Licenses, Fees Charges for Rental & Permits Services Revenue 12% . 2% 2% Local Sales Tax Fines & M46% Forfeitures 2% State Shared Revenues 36% Special Revenue Funds The chart to the left illustrates the percent of the total that each of the FY2003-04 General Fund major revenue category represents. State shared revenues and local sales tax combined represents 82% of total general fund revenue. The Highway User Revenue Fund (HURF) revenue received during the first three months of the fiscal year is $325,828 which is 23.3% of the budgeted revenue. LTAF (Local Transportation Assistance Fund) and other receipts bring the total HURF fund revenue to $338,355 (22.2%), less than the quarterly budget but exceeding expenditures by $100,933. HURF funds may only be used for street maintenance and improvement related expenditures. The Special Revenue Fund accounts for the FF&E (Furniture, Fixtures and Equipment) donations for the Community Center, the Fire Department FEMA (Federal Emergency Management Agency) grant and other miscellaneous grant funding (example, Proposition 202 funds). The only activity during the first quarter of FY2003-04 is miscellaneous expenditures from the FF&E fund and $50,000 revenue from the Fort McDowell Yavapai Nation that was designated for tourism. In February 2001 the Town enacted development fees to be collected with all new building permits for both residential and commercial development. The Development Fund is a restricted fund and may only be appropriated for the particular purpose for which they were imposed. The FY2003-04 budgeted development fees were based on an estimate of 125 single family, 175 multi -family and 0 commercial permits, as of September 30`h 50 single family and 13 multi -family permits have been issued.. The cumulative available building development fees as of September 30, 2003 are $1,292,561, including prior year revenues and expenditures carried forward. The FY2003-04 budget included expenditures of $1,021,725 in development fees for the El Lago/Fountain Hills Boulevard traffic signal, a ramada at Fountain Park and a skate park at Four Peaks Park and the trailhead design in the McDowell Mountain preserve. BREAKDOWN OF AVAILABLE DEVELOPMENT FEES Fiscal Yeah_ ,, ,.open Space Parks & Recreation Streets Law Enforcement General Government TOTAL. FY2001 $37,740 $33,900 $13,742 $960 $13,987 $100,329 FY2002 $198,023 $176,759 $144,761 $10,843 $160,338 $690,724 FY2003 $212,843 $192,667 $96,512 $6,550 $96,087 $604,659 FY2004 (1Qtr) $57,868 $51,980 $38,857 $2,911 $43,025 $194,641 Net Collections FY01 FY04 $506,474 $455,306 $293,872 $21,264 $313,437 $1,590,353 Total Expenditures ($15,896) ($80,594) ($16,302) $0 ($185,000) ($297,792) Available Fees $490,578 $374,712 $277,570 $21,264 $128,437 $1,292,561 Expenditures The Comparative Expenditure Report for the General Fund shows that $2,707,477 has been expended for the fiscal quarter ending September 30, 2003, a year to date savings of $333,500 from the quarterly budget. The Administration department appears to be the largest department but includes all non -departmental expenditures such as legal fees, rent, utilities, insurance, sales tax rebates, etc. Without those costs the Administration budget would be $411,132 (50% less). The Building Safety department has expended 106% of the quarterly budget due to unanticipated requirements for an outside plan check consultant until a staff vacancy is filled. There is a corresponding savings in the wages and benefits line items; given ® further unforeseen expenditures the department will finish the fiscal year end within budget. The costs of eliminating the Marshal Department has created a variance in the Law Enforcement budget; however, it is anticipated that the year end variance will be positive. All other departments are within budget for the quarter. GENERAL FUND EXPENDITURES BY DEPARTMENT FOR THE QUARTER ENDING 9/30/2003 Fire Department Municipal Court Administration 22% 2% 29% o Tech 2% Bldng Safety Enforcement Community Parks Planning 6% w Center Recreation 1% 17% 4% 6% Nb4c Works. 4% 7% The chart to the left illustrates the General Fund expenditures by department for the first quarter of Fiscal Year 2003-2004. The tables below compare the first quarter of the current fiscal year with the first quarter of the prior fiscal year both by department and by category. A comparison of General Fund expenditures by category for the first three months of the current and prior fiscal year (period ending September 30, 2003) is shown below. The departments with the most savings are Public Works, Parks and Law Enforcement. Otr 9/30/03 Otr 9/30/03 Variance Prior Fiscal Year DEPARTMENT Actual Budizet (Over)/Under Otr 9/30/02 ayor and Town Council $12,728 $21,340 $8,612 $17,187 Magistrate Court $66,622 $74,968 $8,346 $60,298 General and Administrative $812,894 $832,443 $19,549 $794,072 formation Technology $42,861 $44,542 $1,681 $45,276 uilding Safety $155,372 $146,975 ($8,397) $78,471 Public Works $183,784 $270,640 $86,856 $242,289 Tanning & Zoning $28,095 $63,000 $34,905 $68,285 Parks $158,970 $301,460 $142,490 $197,769 ecreation $106,369 $135,768 $29,399 $164,880 Law Enforcement $447,357 $435,885 ($11,473) $648,066 Fire Department $586,111 $583,958 ($2,154) $576,469 Community Center $105,514 $117,499 $11,985 $111,621 Non Departmental 800 $12,500 11 7 $175,524 otal Expenditures $2,707,477 $3,040,976 $333,500 $3,180,207 A comparison of General Fund expenditures by category for the first three months of the current and prior fiscal year (period ending September 30, 2003) is shown below. Most of the savings came from the wages and benefits line item, which reflects the reductions in staff during the Budget Reduction Plan. Category ls` Ouarter End 9/30/03 V Ouarter End 9/30/02 Wages & Benefits $689,826 $1,081,109 Contractual Services $1,397,987 $1,214,860 Repairs & Maintenance $129,724 $183,610 Supplies & Services $476,174 $452,545 Capital Outlay $12,965 $0 Transfers/ContingencyTransfers/Contingency $800 $248,083 Fund Balance On May 1, 2003 the Council adopted Financial Policies that establish a level of reserves (fund balance) that provide future financial stability for the Town. The policy requires that the Town set aside undesignated reserves in an amount equal to 30 days annual operating expenditures, designated unreserved funds of a minimum 10% of average revenues and reserved funds of 20% of average revenues. Based on the past five years historical revenues and expenditures the required general fund balance compared to the current fund balance is shown below: Per Policy YTD 9/30/03 Undesignated Unreserved $1,022,750 $ 679,338 Designated Unreserved $1,230,675 $1,230,675 Reserved $2,461,350 $2,461,350 Total $4,714,775 $4,371,363 Based on the actual FY2002-03 ending fund balance the Town complies with the policy as adopted with the exception of 30 days annual operating expenditures. The policy requires that any shortage be made up over a maximum five year period. Cash Balance The Town of Fountain Hills maintains sufficient cash balance at the local bank in order to pay vendors and payroll obligations. Idle cash is invested with the Local Government Investment Pool (LGIP-GOV), which is invested only in government backed securities, and is available on 24 hours notice. The following is the cash on hand as of September 30, 2003: ® General Fund $3,934,435 Development Fees $1,292,842 HURF $ 202,600 Special Revenue Fund $ 248,866 Debt Service $ 120,441 Excise Tax $2,078,861 Summary The positive variance between revenues and expenditures is a sign that the Town's financial condition is headed in the right direction. However, the Town's bond rating remains on "negative outlook" with Moody's Investors Services and will be until the financial community is satisfied that the necessary steps have been taken to ensure long term financial stability. A significant measure of stability is the level of General Fund balance and long term financial planning. Moody's has been provided with a copy of the adopted financial policies, the FY03-04 adopted budget showing anticipated fund balance and a multi -year plan and the FY02-03 CAFR (Comprehensive Annual Financial Report). This information will be the basis for a reconsideration of the current bond rating. Should you have any questions or require additional information please do not hesitate to see me. \\earthUGhetti\WPDATA\INTEROFFICE MEMO COUNCIL.doc COMPARATIVE REVENUE BUDGET REPORT For the 3 month period ending September 30, 2002 and 2003 Current Fiscal Year Prior Fiscal Year GENERAL FUND SUMMARY 9/30/03 9/30/03 % of 2003-2004 9/30/02 9/30/02 % of 2002-2003 QTD Actual Quarter Budget QTD Annual Budget QTD Actual Quarter Budget QTD Annual Budget REVENUES State Sales Tax $403,641 $393,750 102.511 $1,575,000 $384,590 $375,000 102.6% $1,500,000 State Revenue Sharing $456,458 $456,579 100.017, $1,826,315 $538,482 $525,000 102.67,, $2,100,000 Vehicle License Tax $204,787 $190,206 107.7% $760,822 $259,451 $165,000 157.2% $660,000 Fire Insurance Premium Tax $0 $22,000 0.0% $88,000 $0 $7,000 0.0% $28,000 Property Tax Revenue $326 $0 0.0% $0 $0 $0 0.0%O $0 Local Sales Tax $1,389,155 $1,614,823 86.0% $6,459,293 $982,132 $1,075,000 91.4% $4,300,000 Business License Fees $21,885 $23,803 91.9% $95,210 $22,363 $16,250 137.6% $65,000 Building Permits $300,889 $192,313 156.5% $769,250 $253,282 $175,000 144.7% $700,000 Court Fines & Fees $46,017 $53,000 86.8% $212,000 $57;877 $65,000 89.0% $260,000 Animal License Fees $6,847 $8,124 84.317c $32,495 $6,491 $6,250 103.9% $25,000 JCEF Revenue $0 $375 0.0% $1,500 $0 $0 0.0% $0 Rezoning/Variance/Special Use $5,179 $3,825 135.4% $15,300 $6,974 $3,750 186.0% $15,000 Improvement Plan Review Fee $14,125 $3,938 358.7% $15.750 $9,545 $3,750 254.5% $15,000 Encroachment Permit Fees $21,382 $10,250 208.6% $41,000 $23,779 $12,500 190.217, $50,000 Subdivision Fees $9,403 $3,800 247.4% $15,200 $6,795 $3,750 181.2% $15,000 Franchise Fees $0 $37,500 0.0% $150,000 $36,017 $32,500 110.8% $130,000 Parks& Recreation User Fees $31,492 $47,188 66.7% $188,750 $34,258 $47,500 72.1%, $190,000 Bar Sales/Commission $7,603 $10,000 76.00/v $40,000 $8,873 $8,750 101.4% $35,000 Community Center Rental $35,087 $48,750 72.0% $195,000 $29,420 $25,000 117.7% $100,000 Lease Payments $13,577 $15,750 86.2°h $63,000 $10,827 $9,150 118.3% $36,600 Interest/Investment Income $9,818 $21,250 46.2% $85,000 $27,603 $37,500 73.6% $150,000 Miscellaneous $1,370 $12,500 11.017, $50,000 $9,937 $3,000 331.2% $12,000 TOTAL CURRENT REVENUE $2,979,041 $3,169,721 94.0% $12,678,885 $2,708,696 $2,596,650 104i% $10,386,600 XPENDITURES: own Council 12,728 $21,340 59.6% 85,360 17,187 $16,165 106.317,, 64,660 Administration 812,894 $832,443 97.7% 3,329,771 794,072 $787,100 100.9% 3,148,400 Info Tech 42,861 $44,542 96.2% 178,169 45,276 $46,139 98.1 % 184,555 Bldng Safety 155,372 $146,975 105.7% 587,900 78,471 $125,425 62.6% 501,700 Public Works 183,784 $270,640 67.9% 1,082,560 242,289 $301,300 80.4% 1,205,200 Planning 28,095 $63,000 44.6% 252,000 68,285 $102,378 66.761 409,510 Recreation 106,369 $135,768 78.3% 543,070 164,880 $181,963 90.6% 727,850 Parks 158,970 $301,460 52.7% 1,205,840 197,769 $211,405 93.5% 845,620 Community Center 105,514 $117,499 89.8% 469,994 111,621 $165,176 67.6% 660,704 Law Enforcement 447,357 $435,885 102.6% ` 1,743,538 648,066 $664,595 97.5% 2,658,380 Fire Department 586,111 $583,958 100.4% 2,335,830 576,469 $590,318 97.7% 2,361,270 Municipal Court 66,622 $74,968 88.9% 299,870 60,298 $81,868 73.7% 327,470 (Contingency) 800 $12,500 6.4% 50,000 175,524 $495,573 35.4% 1,982,293 TOTAL EXPENDITURES & TRANSFEP $2,707,477 $1,040,976 89.0% $12,163,902 $3,180,207 $3,769,403 84.4% $15,077,612 Revenues Over/(Under) Expenditures $271,564 $514,983 ($471,511) ($4,691,012) REVENUES Town of Fountain Hills Summary Revenue Budget Report From 7/l/2003 Through 9/30/2003 9M Percent Total Account Current Period YTD Budget Budget Code Account Title Actual YTD Actual YTD Budget Variance Remaining 01 General Fund 2,979,040.62 2,979,040.62 12,678,885.00 (9,699,844.38) 80.24% 02 Highway Users Fund 338,355.07 338,355.07 1,523,900.00 (1,185,544.93) 79.99% 03 Cottonwoods Maintenance Distrc 0.00 0.00 3,200.00 (3,200.00) 100.00% 05 Development Fees 194,640.62 194,640.62 1,021,725.00 (827,084.38) 86.92% 08 Special Revenue Fund 50,000.00 50,000.00 704,150.00 (654,150.00) 95.29% 09 Excise Tax Special Revenue 252,573.64 252,573.64 1,174,413.00 (921,839.36) 89.60% 101 Heritage Grant Fund 0.00 0.00 320,000.00 (320,000.00) 0.00% 310 Revenue Bond Debt Service 30,999.00 30,999.00 124,000.00 (93,001.00) 75.40% 320 GO Fund Debt Service 124,222.22 124,222.22 1,541,000.00 (1,416,777.78) 91.67% 330 Eagle Mtn CFD Debt Svc (263,208.49) (263,208.49) 561,500.00 (824,708.49) 120.12% 350 Municipal Properties Corp Fund 0.00 0.00 980,500.00 (980,500.00) 100.00% 450 Cottonwoods Improvement Distct 2.38 2.38 4,500.00 (4,497.62) 99.95% Report Total 3,706,625.06 3,706,625.06 20,637,773.00 (16,931,147.94) 85.56% Date: l 1n103 02:24:20 PM Page: 1 Town of Fountain Hills Summary Revenue Budget Report 01 - General Fund From 7/l/2003 Through 9/30/2003 Percent Account Current Period YTD Budget Total Code Account Title Actual YTD Actual YTD Budget Variance Budget Used 3010 State Sales Tax 403,640.63 403,640.63 1,575,000.00 (1,171,359.37) 25.63% 3015 Fire Insurance Premium Tax 0.00 0.00 88,000.00 (88,000.00) 0.00% 3020 Shared Income Tax 456,457.66 456,457.66 1,826,315.00 (1,369,857.34) 24.99% 3030 Vehicle License Tax 204,787.39 204,787.39 760,822.00 (556,034.61) 26.92% 3100 Property Tax Revenue 326.10 326.10 0.00 326.10 100.00% 3205 Local Sales Tax Revenue 1,389,155.14 1,389,155.14 6,459,293.00 (5,070,137.86) 21.51% 3210 Business License Fees 21,885.00 21,885.00 95,210.00 (73,325.00) 22.99% 3220 Building Permits 300,889.30 300,889.30 769,250.00 (468,360.70) 39.11% 3225 Animal License Fees 6,846.70 6,846.70 32,495.00 (25,648.30) 21.07% 3230 Court Fines/Fees 45,890.95 45,890.95 212,000.00 (166,109.05) 21.65% 3231 JCEF Revenue 0.00 0.00 1,500.00 (1,500.00) 0.00% 3233 CCEF Revenue 125.50 125.50 0.00 125.50 100.00% 3240 Rezoning Fees 5,179.00 5,179.00 15,300.00 (10,121.00) 33.85% 3242 Improvement Plan Review Fees 14,125.00 14,125.00 15,750.00 (1,625.00) 89.68% 3244 Encroachment Permit Fees 21,382.25 21,382.25 41,000.00 (19,617.75) 52.15% 3250 Subdivision Fees 9,403.00 9,403.00 15,200.00 (5,797.00) 61.86% 3260 Franchise Fees 0.00 0.00 150,000.00 (150,000.00) 0.00% 3270 Park & Rec. User Fees 31,492.22 31,492.22- 188,750.00 (157,257.78) 16.68% 3280 Rental Income - Comm. Center 35,087.44 35.,087.44 195,000.00 (159,912.56) 17.99% 3282 Bar Sales 6,352.31 6,352.31 36,000.00 (29,647.69) 17.65% •3284 Commissions 1,250.89 1,250.89 4,000.00 (2,749.11) 31.27% 3285 Cellular Lease Revenue 13,576.50 13,576.50 63,000.00 (49,423.50) 21.55% 3290 Interest Income 9,817.88 9,817.88 85,000.00 (75,182.12) 11.55% 3299 Miscellaneous Income 1,369.76' 1,369.76 50,000.00 (48,630.24) 2.74% Total 01 -General Fund 2,979,040.62 2,979,040.62 12,678,885.00 (9,699,844.38) 23.50% Daze: 11 M03 02:23:16 PM Page: 1 R Town of Fountain Hills Summary Revenue Budget Report 02 - Highway Users Fund From 7/1/2003 Through 9/30/2003 Percent Account Current Period YTD Budget Total Code Account Title Actual YTD Actual YTD Budget Variance Budget Used 3040 LTAF Revenue 12,316.75 12,316.75 115,000.00 (102,683.25) 10.71% 3050 Highway Users Revenue 325,828.32 325,828.32 1,401,400.00 (1,075,571.68) 23.25% 3245 In Lieu Payments 210.00 210.00 6,000.00 (5,790.00) 3.50% 3290 Interest Income 0.00 0.00 500.00 (500.00) 0.00% 3299 Miscellaneous Income 0.00 0.00 1,000.00 (1,000.00) 0.00% Total 02 - Highway Users 338,355.07 338,355.07 1,523,900.00 (1,185,544.93) 22.20% Fund Date: 11MO3 02:23:16 PM Page: 2 EXPENDITURES EXPENDITURES Town of Fountain Hills Summary Expenditure Budget Report From 7/l/2003 Through 9/30/2003 Percent Total Budget Account ... Account Title CurrActual YTD Actual Total Budget YTD Budget ... Used 01 General Fund 2,707,475.74 2,707,475.74 15,077,612.00 9,456,426.26 17.96% 02 Highway Users Fund 237,421.30 237,421.30 1,689,446.00 1,286,478.70 14.05% 03 Cottonwoods Maintenance Distrc 0.00 0.00 3,200.00 3,200.00 0.00% 05 Development Fees 896.00 896.00 1,487,887.00 412,274.00 0.06% 08 Special Revenue Fund 4,657.83 4,657.83 1,060,900.00 886,786.17 0.44% 09 Excise Tax Special Revenue 17,352.50 17,352.50 2,427,700.00 940,712.50 0.71 % 101 Heritage Grant Fund 0.00 0.00 0.00 320,000.00 0.00% 310 Revenue Bond Debt Service 400.00 400.00 126,000.00 123,600.00 0.32% 320 GO Fund Debt Service 594.00 594.00 1,491,250.00 1,369,406.00 0.04% 330 Eagle Mtn CFD Debt Svc 5,000.00 5,000.00 1,308,179.00 509,500.00 0.38% 350 Municipal Properties Corp Fund 10.00 10.00 985,000.00 980,490.00 0.00% 450 Cottonwoods Improvement Distct 0.00 0.00 4,500.00 4,500.00 0.00% 500 Capital Projects Fund 0.00 0.00 2,100,000.00 0.00 0.00% Report Total 2,973,807.37 2,973,807.37 27,761,674.00 16,293,373.63 10.71% 0 Lq Date: 11/12/03 02:07:36 PM Page: 1 IN Town of Fountain Hills Summary Expenditure Budget Report 01 -General Fund From 7/l/2003 Through 9/30/2003 Account Code Account Title CurrActual 020 Mayor and Town Council 12,727.85 040 Magistrate Court 66,621.64 050 General and Administrative 855,754.30 060 Building Safety 155,371.50 061 Public Works 183,784.13 080 Planning & Zoning 28,095.31 081 Parks & Recreation 265,338.66 090 Law Enforcement 447,356.99 092 Fire Department 586,111.45 095 Civic Center 105,513.91 99999 Non Departmental 800.00 Report Total 2,707,475.74 Date: 11/12/03 02:07:55 PM YTD Budget 12,727.85 85,360.00 72,632.15 66,621.64 299,870.00 233,248.36 855,754.30 3,507,940.00 2,652,185.70 155,371.50 587,900.00 432,528.50 183,784.13 1,082,560.00 898,775.87 28,095.31 252,000.00 223,904.69 265,338.66 1,748,910.00 1,483,571.34 447,356.99 1,743,538.00 1,296,181.01 586,111.45 2,335,830.00 1,749,718.55 105,513.91 469,994.00 364,480.09 800.00 50,000.00 49,200.00 2,707,475.74 12,163,902.00 9,456,426.26 Percent Total Budget i T..,.,1 Page: 1 19.68% 20.34% 25.68% 30.97% 15.25% 6.86% 16.86% 16.83% 24.82% 15.97% 17.96% Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting Date: 11/20/03 Contact Person: Tim Pickering Requesting Action: Tvae of Document Needing Aunroval (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 Amrooriate 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 Aaenda Wordine: CONSIDERATION and possible direction to staff regarding bidding contractual prosecutorial services. Staff Recommendation: Approve Fiscal Impact: Yes $100,000 Purpose of Item and Background Information: On October 3 V, I distributed the attached memorandum to the Town Council. Staff recommends requesting proposals from qualified law firms to perform contracted prosecutor services for the Town. Since incorporation, the Town has contracted for this service. Staff is recommending issuing an RFP, as this service has not been "bid" out in quite some time and this process would ensure that we are obtaining the best services at the lowest price. Our existing prosecutor, Mark Iacovino, has done an outstanding job and in no way should this reflect on his firm's performance. As is the case this year with other professional services, such as auditing and banking, the Town is soliciting bids to bring competitive rates for service. The need to review our large contracts was evident during our fiscal crunch and continues today. We included the prosecutorial services in FY 03-04 Budget Project Plan, distributed to the Council on July 18, 2003. Additionally, staff contacted our current provider in April 2003 and invited them to submit a proposal during the RFP process. Finally, staff examined hiring an in-house prosecutor but determined no significant savings would be realized. List All Attachments as Follows: . Memorandum from Town Manager Type(s) of Presentation: oral Signatures of Submitting Staff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) e:\agenda cover sheet\agenda cover sheettown prosecutor.doc TOWN OF FOUNTAIN HILLS OFFICE OF TOWN MANAGER INTER OFFICE MEMO TO: The Honorable Mayor Nichols and Town Council DT: October 31, 2003 FR: Tim Pickering, Town Manager / 7 RE: RFP for Town Prosecutor Services As you are aware, the staff is undertaking requesting proposals for auditing, banking, videotaping and Town Prosecutor Services this fiscal year to obtain the most cost effective services. The Human Resources Administrator, Accounting Supervisor and Executive Assistant held a preliminary meeting to discuss criteria required to provide the Council when they consider options of hiring an on -staff prosecutor or contract out for prosecutorial services. It was determined that our current prosecutor provided an average of 130-135 hours of service per month (1,620 hours per year) for fiscal year 02-03 at a lump sum cost of $100,000. The staff also determined the cost of hiring an in-house employee as prosecutor. The salary, including benefits, would range between $68,576 and $101,318. A one-time office set-up cost of $2,000 would be needed but existing court staff would provide clerical assistance. A full time employee's available work hours annually are 1,896 when considering holiday, sick and vacation days. Thus the cost difference is similar for either an in-house prosecutor or a contracted prosecutor. The staff would like to suggest that the Town issue an RFP for town prosecutor services providing 130 hours of service per month. The 130 hours per month figure was based on the current prosecutor's average monthly service. The staff came to the following determination: 1. RFP for Town Prosecutor services could be issued. 2. Staff to determine reasonableness of contracted prosecuting firms' proposal cost. 3. Council would interview firms submitting fair proposals. 4. If a firm was not selected, advertise for an in-house prosecutor and hire. I have attached, the appropriate page from the FY 03-04 Budget Projects Plan, a draft job description, and a draft RFP for town prosecutor services. Unless I hear negatively from you within the next two weeks, the staff will proceed in this direction. If a discussion of this item is necessary, I would be happy to place this item on a future agenda. Please give us your thoughts at your earliest convenience. TPickering:/mydocument/interofficememorfptownprosecutor.doc/ 10.31.03 cc: Julie Ghetti, Accounting Supervisor Joan McIntosh, Human Resources Administrator/Risk Manager Susan Stein, Executive Assistant Andrew McGuire, Town Attorney 5. RFP — Selection of Town Prosecutor Team: Town Manager, Executive Assistant to Manager/Council, Town Council, Town Attorney, MCSO Commander, Code Enforcement Officer Objective: -Minimize costs -Determine service required -Determine if lump sum or hourly -Research other municipalities -Cost per case -Should we hire staff prosecutor Ste s: -Team meets to review criteria 30 days -Draft RFP with draft contract or write job description 60 days -Interview 60 days -Hire 30 days Timeline: August 2003 — February 2004 (Six months) 180 days Budgeted Expenditure: $100,000 Stein/&/Budget 2003= 4/pgect1istforfy0304.doc/800403 6 Town of Fountain Hills 16836 E. Palisades Blvd. Fountain Hills, AZ 85268 NOTICE OF REQUEST FOR PROPOSAL date PROPOSAL: Town Prosecutor services —130 hours per month DUE DATE: date, 2003, time MST LOCATION: Town of Fountain Hills, Attention: Town Manager's Office 16836 E. Palisades Blvd., Fountain Hills AZ 85268 CONTRACT TYPE: Commission, Fee for Service, or Combination Thereof CONTRACT TIME: Two Year Contract (With renewal The Town of Fountain Hills issues this Request for Proposal for delivery of Town Prosecutor services. Competitive sealed proposals for the legal services specified in this notice will be received by the Town of Fountain Hills at the above specified location until the time and date cited. Proposals must be in the actual possession of the Town of Fountain Hills on or prior to time p.m., date, 2003. Late proposals will not be considered. Proposals must be submitted in a sealed envelope labeled "Prosecutor Services Request for Proposal" and indicate the Offeror's name and address clearly indicated on the envelope. All proposals must be completed in ink or typewritten and a complete Request for Proposal and Contract (to be drafted by the Offeror) returned along with the offer by the time and date cited above. Additional instructions for preparing a proposal are provided with this notice. -1- I. INSTRUCTIONS TO BIDDERS A. Preparation of Proposals 1. All proposals shall be on the Offeror's letterhead and the forms provided in this Request for Proposal package. It is permissible to copy these forms if required. Facsimile transmittals, E-mail or similarly proposals will not be considered. 2. Each Offeror's is also required to submit a "Proposed Contract" in accordance with the instructions included in this "Proposed Contract" on Offeror's letterhead or forms. 3. The proposal documents, including the Proposal Data Sheet (see Section Viz, and proposed contract document must be submitted with an original ink signature by the person authorized to sign the offer. 4. Erasures, interlinear markings or other modification in both the proposed contract shall be initialed in original ink by the authorized person signing the offer. 5. No proposal, proposed contract, or data sheets shall be altered, amended, or withdrawn after the specified due time and date. 6. It is the responsibility of all Offerors to examine the entire Request for Proposal package and seek clarification of any item or requirement that may not be clear and check all responses for accuracy before submitting a bid. Negligence in preparing a Proposal confers no rights of withdrawal after due time date. FE -2- 7. The Offeror must submit one (1) original and nine (9) copies of the proposal. The original should be marked "Original." B. Inquiries: Any question related to a solicitation must be directed to the Town Manager. Questions should be submitted in writing when time permits. The Town may require any and all questions to be submitted in writing at the Town's sole discretion. Any correspondence related to a solicitation should refer to the Request for Proposal page and paragraph number. C. Late Offers: Late offers will not be considered. An Offeror submitting a late proposal shall be so notified. D. Withdrawal of Offer: At any time prior to the specified proposal due time and date an Offeror (or designated representative) may withdraw their proposal. Facsimile transmittals, E-mail or similarly transmitted withdrawals will not be considered. E. Amendment of Proposal: Receipt of solicitation amendment must be acknowledged by signing and returning the document(s) prior to the specified proposal due time and date. II. AWARD OF CONTRACT A. The Fountain Hills Town Council will award a contract for Town Prosecutor services to the firm or individual which, in the Council's sole discretion, best meets the legal needs of the Town as demonstrated by the proposal as submitted, and one or more oral interviews of those selected for such interviews. -3- B. Notwithstanding any other provision of this Request for Proposal, the Town expressly reserves the right to: 1. Waive any defect or informality; or 2. Reject any or all offers, or portions thereof; or 3. Reissue a Request for Proposal; or 4. Withhold the award for any reason. C. A response to a Request for Proposal is an offer to contract with the Town based upon the terms, conditions, and specifications contained in this Town of Fountain Hills' Request for Proposal and Proposal Contract unless and until they are accepted by the Town. A contract is formed when the Town provides a signed copy of the contract to the successful Offeror. The contract has its inception in the signing of the contract by the appropriate Town official. All terms and conditions and information contained in this Request for Proposal must be incorporated for reference and made a part of the contract, unless modified by a solicitation amendment or a contract amendment signed by the authorized Town official. III. TERMS AND CONDITIONS A. Proposal Onening_ Proposals shall be opened publicly at time. MST on date, 2003. The name of each Offeror snall be read publicly, and recorded. All other information contained in proposals shall be confidential so as to avoid disclosure of contents prejudicial to competing Offerors during the process of negotiation. Prices will not be read. `W Proposals will not be subject to public inspection until after contract award. B. Offer Acceptance Period: Proposals are an irrevocable offer for 90 days after opening time and date. C. Pricing: Pricing must be submitted on an all-inclusive basis and shall include all taxes and other related cost factors associated with providing the services described in this document. D. Contract: This contract shall be valid from date of award subject to annual renewal upon mutual agreement of the parties. Approximately one hundred twenty (120) days before the anniversary date of this contract, the parties will meet to discuss a proposed renewal of this contract and the factors related to such a renewal. If the parties cannot agree on terms for the renewal period at least (90) days before the anniversary date, the contract will expire as scheduled. E. Cancellation: The Town will issue a written thirty (30) day notice of such cancellation. The Offerors must include such a clause in their "Proposed Contract". F. Evaluation: In accordance with Town policy, an award shall be made to the responsible Offeror whose proposal is determined to be the most advantageous to the Town taking into consideration the evaluation factors set forth in this Request for Proposal. After reviewing and evaluating the written materials submitted, finalists will be invited to an oral interview. The Town will contact the finalists to schedule those interviews. -5- Evaluation criteria shall include: 1. Firm's or individual's demonstrated competence and qualifications to perform the required services. 2. Firm's or individual's experience representing municipalities or other governmental bodies. 3. Cost per hour for services to be provided as outlined in Section IV of this Request for Proposal. IV. REQUIRED SERVICES AND PROPOSED CONTRACT A. It is expected that the firm or individual retained by the Town as Town Prosecutor shall enter into a contract with the Town to provide a maximum of 130 hours per month for the required services at a fair and reasonable compensation. For such compensation the firm shall be expected to provide part or all the following services. The firm or individual must be able to demonstrate in-depth knowledge and experience referenced herein and in the job description attached. 1. Act as Prosecutor for the Town of Fountain Hills prosecuting traffic and criminal violations of State statutes and/or Fountain Hills municipal court, from the initial filing through to trial and appeal. 2. Ensure statutory provisions are met. 3. Attend meetings of the Town Council and other boards and commissions as needed. 4. See attached job description for further detail. M B. Each Offeror shall submit a proposed contract that shall include at a minimum, all of the above items. The Proposed Contract may include additional services and/or benefits the Offeror wishes to provide to the Town. C. The selected Offerer will be expected to begin servicing the Town of Fountain Hills on date 2004. V. OTHER MATTERS A. Compensation shall be an hourly rate, flat fee, or combination thereof. Each Offeror shall, in their proposed contract, clearly present their suggested method of compensation. B. In addition to those items particularly listed in this "Request for Proposal' proposals shall also contain the following information: 1. A comprehensive review of the experience of the firm or individual and the specific work experience of the prosecutor(s) who will be assigned to the Town of Fountain Hills, relevant to the required service in Section IV and job description attached; 2. Relative training and continuing education as trainer/educator, as well as participant; 3. Professional associations, awards, acknowledgements; 4. Published works. C. The Town Council will review all proposals on date 2003, and conduct in -person interviews in date 2003. -7- VI. PROPOSAL DATA SHEETS Firm or Individual Name: Address of office that would serve this account: Business Phone: Type of organization (check the appropriate line as indicated and provide indicated information). An individual. A professional corporation organized and existing under the laws of the State of Arizona. A professional limited liability company organized and existing under the laws of the State of Arizona. A partnership, organized and existing under the laws of the State of Arizona. If a professional corporation, professional limited liability company, or partnership, please list the individuals who will work on or have responsibility for this contract. Name Area of Expertise Name Area of Expertise Name Number of years in business: Area of Expertise F. 19 Please list experience you or your firm has had in providing legal services to cities or towns and/or other political subdivisions (add additional sheets if required): Organization Area of Experience Provided Date List the firm members that would be assigned to this account. Please show their education and experience backgrounds and number of years employed by your firm. Name No. of Area of Expertise Years Employed Please list all current clients (add additional sheets if required): Include an executive summary and/or any supplementary data or brief that will enable the Town to become better aware of your qualifications. And please submit a copy of you or your firm's Martindale -Hubble resume. VII. OFFER TO THE TOWN OF FOUNTAIN HILLS, ARIZONA The undersigned hereby offers and agrees to provide the services at the price(s) set forth in this Request for Proposal and in the Proposed Contract attached hereto in compliance with all terms, conditions, specifications, and amendments in the solicitation and any written exceptions in the offer. Company Name Address City, State, Zip Code Name: Phone: Authorized Signature Printed Name Title -10- 9 a1� `r o a "0that a ' JOB OBJECTIVES TOWN PROSECUTOR Job Description Prosecutes cases filed in the Fountain Hills Municipal Court, which includes all violations of the Town Code, Town ordinances, and the Arizona statutes, which are within the original or concurrent jurisdiction of the Town of Fountain Hills. ESSENTIAL DUTIES AND RESPONSIBILITIES • Prosecutes traffic, criminal code and zoning violations and comparable cases in the Fountain Hills Municipal Court, including negotiating pleas and prosecuting through all stages of the case from charging to plea or trial, sentencing, probation and appeal; • Prepares legal pleadings; researches law and technical and scientific aspects of evidence; negotiates plea agreements; does all trial preparation, including discovery, motion practice, witness interviews and preparation to testify at trial, and victim assistance; • Seeks and implements alternative approaches to prosecution as well as administrative functions; • Reviews current legislation affecting criminal prosecution; • Responds to requests for information and advice from local law enforcement; • Advises law enforcement during investigations and determines if charges should be filed; • Prepares standards and procedures for, and coordinates work of, professional and administrative support staff; • Gives oral and written advice to the Mayor and Town council, Town Manager, other officials, and Town department heads on matters pertaining to criminal law, which actually do or may involve the Town of Fountain Hills; • Demonstrates continuous effort to improve operations, decrease turnaround times, streamline work processes and work cooperatively with law enforcement, victims, treatment agencies and the court to provide quality seamless customer service. REQUIRED KNOWLEDGE, SKILLS AND ABILITIES: Knowledge of and experience with: • Town codes, court rules and state statutes, with emphasis on substantive and procedural criminal law; • Trial advocacy and application of the rules of evidence; • Principles and practices of personnel management and supervision. Ability to: • Work cooperatively with other employees, including law enforcement and court staff, customers, clients, and the public; • Perform a broad range of supervisory responsibilities over others; • Communicate effectively in the English language with judges, attorneys and the public; Prosecutor Rev. 10-03 • Communicate effectively with treatment providers, victims' assistance agencies and inte--�reter services. ACCEPTABLE EXPERIENCE AND TRAINING: • Five years of experience as a practicing criminal attorney, including three years of substantial involvement in the management process and policymaking function of a public or private law office. • Graduation from an accredited school of law • Other combinations of experience and education that meet the minimum requirements may be substituted. ADDITIONAL REQUIREMENTS Licenses/Certifications: Admission to the State Bar of Arizona, in good standing Physicai requirements Exerting up to 20 pounds of force occasionally to move objects; involves sitting most of the time Work Environment Position is typically office work and is not substantially exposed to adverse environmental conditions. FLSA Status: Exempt (N/A for a contract employee) Salary Range: $57,146 - $84,432 Prosecutor Rev. 10-03 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Admin Consent:❑ Regular:® Meeting bate: 11/20/03 Contact Person: Pickering Requesting Action:❑ Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: DISCUSSION with possible direction to staff regarding goals and procedures for the development of TOWN DIRECTIONAL SIGNS. Staff Recommendation: Fiscal Impact: $ Purpose of Item and Background Information: The purpose of this item is to provide the Council with the opportunity to provide the initial direction to staff on the goals and procedures they see necessary with regard to the town directional signs. Please note that at the February Work Study Session (2/10/04) staff will provide the Council with results of Council's input and staff s recommendations. This item will then be placed on the following meeting agenda (3/4/04) for Council action. List All Attachments as Follows: None Type(s) of Presentation: Signatures of Submitting Staff: Department 0 3 Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) cAdocuments and settings\bbender.puttland\local settings\temporary internet files\olk7a\agenda item coversheetl.dot