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Home My WebLink About2004.0304.TCREM.PacketNOTICE OF REGULAR AND EXECUTIVE SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL Mayor Wally Nichols Vice Mayor Rick Melendez Councilwoman Kathleen Nicola Councilwoman Leesa Stevens Councilman John Kavanagh Councilman Mike Archambault Councilwoman Susan Ralphe WHEN: THURSDAY, MARCH 4, 2004 TIME: 5:00 P.M. EXECUTIVE SESSION 6:30 P.M. REGULAR SESSION WHERE: TOWN HALL 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 — Mayor Nichols 1.) Pursuant to A.R.S. §38-431-03.A.4, VOTE TO GO INTO EXECUTIVE SESSION FOR: Discussion or consultation with the attorneys of the public body in order to consider its position and E:\Clerk\AGENDAS\REGULAR\2004\Regular and Executive Session 3-4-04.doc Page 1 of 3 Last printed 2/27/2004 4:33 PM 0 instruct its attorneys regarding the public body's position regarding contracts that are the subject of negotiations, in pending or contemplated litigation or in settlement discussions conducted in order to avoid or resolve litigation. (Specifically, Knapp vs. Town of Fountain Hills and Hansen vs. Town of Fountain Hills lawsuits.) 2.) RETURN TO REGULAR SESSION • CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Nichols • INVOCATION — Councilman John Kavanagh • ROLL CALL — Mayor Nichols • MAYOR'S REPORT — Mayor Nichols will read a "Relay for Life" proclamation. Mayor Nichols will present "Certificates Of Appreciation" to the sponsors of the St. Patrick's Day celebration. CALL TO THE PUBLIC Pursuant to A.R.S. §38-431 -01 (G), public comment is permitted (not required) on matters not listed on the agenda. 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 agenda. CONSENT AGENDA *1.) CONSIDERATION of approving the COUNCIL MEETING MINUTES of 2/9/04 and 2/19/04. *2.) CONSIDERATION of the LIQUOR LICENSE APPLICATION submitted by The Alamo Saloon located at 11807 N. Saguaro Blvd. The application is for a Class 6 Liquor License. *3.) CONSIDERATION of the REQUEST of the Public Art Committee of the Arts Council to accept four pieces of art to be placed either at the entrance to the Community or in the adjacent courtyard. *4.) CONSIDERATION of the REQUEST by the High School Art Program, through the Arts Council, to paint a mural on the wall of the pump house at Fountain Park. *5.) CONSIDERATION of approving the PERMANENT EXTENSION OF PREMISE liquor license for the Community Center. *6.) CONSIDERATION of RESOLUTION 2004-17 declaring Dierdorf, Germany, as a sister city. 5 min REGULAR AGENDA 7.) CONSIDERATION of the FINAL PLAT for "Sierra Madre Estates, Phase — 1", a 9-lot, one- 5 min tract, 11.104 acre single-family residential subdivision, Case #S2001-16. 8.) CONSIDERATION of approving the FINAL PLAT for "Parcel 5 at Adero Canyon", a 12-lot, 5 min two -tract, 18.942 acre single-family residential subdivision, Case #S2002-32. 9.) CONSIDERATION of approving the FINAL PLAT for "Parcel 6 at Adero Canyon", a 22-lot, 5 min two -tract, 52.010 acre single-family residential subdivision, Case #S2002-33. E:\Clerk\AGENDAS\REGULAR\2004\Regular and Executive Session 3-4-04.doc Page 2 of 3 Last printed 2/27/2004 4:33 PM l \rr 10.) CONSIDERATION of approving the FINAL PLAT for "Parcel 7 at Adero Canyon", a 26-lot, 5 min four -tract, 47.598 acre single-family residential subdivision, Case #S2002-31. 11.) CONSIDERATION of approving the FINAL PLAT for "Parcel 8 at Adero Canyon", a 24-lot, 5 min six -tract, 89.708 acre single-family residential subdivision, Case #S2002-30. 12.) DISCUSSION with staff regarding editing of POLITICAL ACTION COMMITTEE 20 min INFORMATION on the government access channel. min20 13.) CONSIDERATION of AUTHORIZING the Mayor to sign the Committee to Save Our r20 Community's fire district petition(s) for Town property. 14.) CONSIDERATION of RESOLUTION 2004-18 establishing priority goals for fiscal year 30 min 2004-05. 20 min 15.) CONSIDERATION of RESOLUTION 2004-08 adopting the Town of Fountain Hills' policy and procedures for Proposition 202 funding. 16.) CONSIDERATION of RESOLUTION 2004-07 establishing a Public Safety Commission and 30 min discussion with and possible action on the town manager's recommendation of new position to be established. 17.) COUNCIL ASSESSMENT AND REVIEW of the meeting to identify procedural strengths and weaknesses and discuss possible improvements for future meetings. 5 min 18.) 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: A. Requested by Vice Mayor Melendez — Placing the item of providing an update to the Council on the code enforcement program on a future agenda. 19.) SUMMARY OF COUNCIL REQUESTS by Town Manager. 9:45 p.m 20.) ADJOURNMENT. DATED this 27 h day of February, 2004 x /-, evelyn J. B "der,) wn Clerk r' 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:\ClerkWGENDAS\REGULAR\2004\Regular and Executive Session 3-4-04.doc Page 3 of 3 Last printed 2/27/2004 4:33 PM oFF,TcE of �rHE -m.AyoR 'WHEREAS, the .American Cancer Society is the nationwide community -based voluntary health organization dedicated to eliminating cancer as a major health problem by preventing cancer, saving lives, and diminishing suffering from cancer through research, education, advocacy, andservice; and 'WHEREAS, "Relay for Life" is the .American Cancer Society's signature activity, offering everyone in the community a chance to participate in the fight against cancer; and 'WHEREAS, during the "Relay'; teams of people wid camp out at ,Fountain HM& High School and representatives wid take turns walking or running around the track overnight, demonstrating that cancer does not sleep,... and for one night, they won't either; and ^WHEREAS, the power of "Relay" allows a community to grieve for those lost to cancer, celebrate the lives of those who have survived, offer those afflicted a chance to meet others who have survived the disease, help caregivers find hope, and recognize the struggles and courage of cancers long term survivors. NOX 9'HEREFORE, I, -WALLY a(ICHOLS, -MAYOR of the 7Jown of Fountain Hills, .Arizona, hereby support the efforts of our Relay for Life beams participating -in the Fountain dills "Relay For Life" Event on Friday, .April oi7through Saturday, .April i7th, 2004. W J. Nichols, Nayor .A,TES� _ BevelynJ Bender,. own Clerk O O O O O O O O O O O O O O ACKNOWLEDGMENT OF ST. PATRICK'S DAY CELEBRATION SPONSORS On behalf of myself, the members of the Town Council and Staff, and the residents of Fountain Hills, we wish to recognize the contribution of the sponsors for the 2004 St. Patrick's Day Celebration at Fountain Park. Last year, Loving Family Dental and Majestic Coatings stepped forward to sponsor the annual celebration when the Town was unable to do so due to financial constraints. The dying of the Fountain green on St. Patrick's Day has been a tradition since the early 80's. Thanks to Tim and Lisa Loving and Mike and Carol Martinez's generosity, this Fountain Hills signature event will once again provide enjoyment for the many residents and visitors at the park on St. Patrick's Day, Wednesday, March 17cn Our appreciation to Loving Family Dental and Majestic Coatings for your willingness to serve your community through the sponsorship of this unique Town event. Thank you. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Administration Consent:® Regular:❑ Meeting Date: March 4, 2004 Contact Person: Bender Requesting Action:❑ TVAe of Document Needing ADDroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Draft Meeting Minutes Council Prioritv (Check AAnrovriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of approving the COUNCIL MEETING MINUTES of 2/9/04 and 2/19/04. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Approve the previous council meeting minutes for archival purposes. List All Attachments as Follows: Draft minutes from 2/9/04 and 2/19/04. Type(s) of Presentation: None Signatures of Submitting Staff: Departme�� Town Adriager / Designee Budget Review (if item not budgeted or exceeds budget amount) NTH Town of Fountain Hills REQUEST TO SPEAK CARD Date �J- - U �i Agenda Item No. Name ZZ t V--N Phone No. 8 � 6 - % / 6 0 Title/Organization A (� I am representinfg (# of people) Address I Z 0, 'y 155t e� IkA VO City/Town A z- YES, I wish to speak. E NO, I do not wish to speak, but have indicated my position. Fox AGAINST PLEASE PRINT. Comments: Thank you for participating in your Town government. Your comments are an important and valuable part of the process. Please fill out completely and turn the comment card into the Clerk. (Please see reverse) E:\BBender\Documents\Forms\Request to Speak Cards rev9-9-03.doc 9/15/2003 I cannot be at this evening's meeting or on the 18th, so am leaving my remarks to be read at the Call to the Public, as the Mayor suggested. The `�- first part is the beginning of my remarks at the Public Input session at the Community Center on Tues., March 2, where I was stopped by the Mayor, saying that only financing could be discussed. March 2" introduction -- I would like to express my disappointment in the scheduling of this meeting. The Council gave explicit directions to gather public input over the next 30 days. Scheduling a Tues. meeting the Fri. before, with no local public announcement does not seem conducive to involving the public. I checked with both the local newspaper & radio station, & neither one of them was officially notified of the meeting. Why would a public meeting be scheduled after last week's paper came out, & before this week's paper was published? I would like to ask that in the future, the Council direct staff that any public input meeting has to be announced in the local paper & on the local radio station. How can the public give input, if the public isn't aware there is a meeting? Most of the people here found out about it because of a concentrated effort of a few individuals to directly notify people. At that public input meeting, I was perplexed to hear that what had been presented to the Council at the previous Council meeting was in error. Apparently, the recommendation for paying "cash as you go," with insistence to vote on it immediately, was based on erroneous information. Hard as it is to believe, Moody's outlook on the situation was being guessed at. If the Council would not have asked for the 30 day delay, at what point would Moody's have been contacted? It is not reassuring to the public to find out that the "cash as you go" recommendation was based on false information. Unfortunately, this seems to follow the pattern of the Town Manager & Town Attorney making decisions without prior research, as has been shown �- numerous times in connection with the Council -approved group, CSOC, working to secure funding for a Fire District. Removing an agenda item that a Council member had requested, & also removing a report from CSOC that apparently did not say what they wanted to hear is an insult to the Council. When asked about it at the meeting, the Town Attorney gave a rambling response about not understanding an e-mail from a CSOC Board member. That e-mail was written jokingly after several days of getting a different excuse from both the Town Manager & Town Attorney --the most absurd of which was that the FCC wouldn't allow the report. Then editing out what was said in an open Call to the Public is an even greater trampling of free speech rights. In what seems to be a desperate attempt to justify such a violation of the stated purpose of the Call to the Public (again, a reason come up with completely after the editing, not before), we are now told it has to do with a state law regarding ballot issues. I am thrilled to hear that the Fire District is now a ballot issue, as I am sure it would pass by a huge margin since we have more signatures asking for the Fire District than have ever supported any cause in the history of Fountain Hills. Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Public Works Consent:® Regular:❑ Meeting Date: 3/4/04 Contact Person: Tom Ward Requesting Action:® Tvne of Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ® Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Appropriate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of the liquor license application submitted by The Alamo Saloon located at 11807 N. Saguaro Blvd. The application is for a Class 6 license. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: To obtain Council approval for a Class 6 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: .11A1-,4. "/ De artment Head J To Manager Budget Review (if item not budgeted or exceeds budget amount) MARICOPA COUNTY SHERIFF'S OFFICE To: Tom Ward Director of Public Works Fountain Hills Subject: Liquor License — The Alamo Saloon M. ArDaio. Sheriff Memorandum From: Galen Reifschneider #960 Special Events Coordinator District 7/Fountain Hills Date: February 16, 2004 The purpose of this memorandum is to provide an endorsement of the attached liquor license application for The Alamo Saloon located at 11807 N. Saguaro Blvd. Background Investigation: This application is for an existing Class 06 liquor license under the specifications of ARS 4-205.02. A Class 06 license is for liquor sales only. An inspection of the diagram provided, clearly shows that the establishment will primarily be devoted to the service of liquor. A Class 06 license is not exempt from specific distance restrictions relating to churches, schools and nearby liquor establishments, it appears there are no churches, schools or other Class 06 Liquor establishments within a 300' radius. The applicant, Shawna Worden is an Arizona resident under the provisions of ARS Title 28. I have verified that there are no outstanding wants or warrants for this person. Recommendation: Based on compliance with Title 4 relating to the Class 06 liquor license, the fact that the applicant is an Arizona resident with no wants or warrants, and there is an interim Fountain Hills business license on file, I recommend approval. 5000-135 R10-93 (MW97 v1.0 5/27/98) TOWN OF FOUNTAIN HILLS PUBLIC WORKS DEPARTMENT MEMO TO: Honorable Mayor and Town Council DT: February 19, 2004 FR: Tom Ward D r or f Public Works RE: The Alamo Saloon Liquor License Application Vj Shawna Worden is requesting Council approval of a Class 6 liquor license for The Alamo Saloon located at 11807 N. Saguaro Blvd.. A Class 6 license is for liquor sales only. Public Works and the Maricopa County Sheriff's Office have reviewed the application. It meets the statutory requirements for a Class 6 liquor license. The applicants is an Arizona resident and has no outstanding wants or warrants. The applicant has a Fountain Hills business license on file. Based on statutory compliance and a favorable recommendation from the MCSO, staff recommends approval. bb EALiquor Licenses\.Staff Memos\Alamo Saloon Liquor License Application.doc Page I of 1 SAMPLE GEOGRAPHICAL DATA In the area adjacent to the map provided below indicates your proposed location and the exact names of all churches, schools, and alcoholic beverage outlets within a 1/2 mile radius of your proposed location.(See example below) A = Applicant Series 12 O1 Pink Elephants Series 06 02 Mama's Rest. Series 12 03 Corner Liquors Series 09 04 Joe's Groceries Series 10 05 Lions Club Series 14 06 Burgers R Us Series 07 07 Pizza Perfect Series 07 08 Billy Bobs Bar Series 06 09 St. Anthonys Church 10 St. Anthonys School 11 Burbank Middle School 12 First United Baptist Church 13 14 15 A.R.S. Section 4-207.A reads as follows: N AL '-� Mi . 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. N F5 raphical Data: A SAMPLE FOR THIS SECTION IS PROVIDED ON THE BACK OF THIS PAGE. List bel a exact names of all churches, schools, and spirituous liquor outlets within a one WOule radius of your proposed location. I, tip (�dt w Q declare that: 1) I am the APPLICANT (Agent/Club Member/Partner), making (Print name of APPLICANVAGENT 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 knowtedge and belief, none of the owners, partners, members, officers, directors or stockholders listed have beeifbonvicted of a felony in the past five (5) years. nh (Signature) - OFFICIAL SEAL ' � COE T. WAGNER M My commission expires citi ARiCOPA COUNTY Expires Jan.10, 200E State of ty of The foregoin 'ns a was cknowledged before me r.L Day Month Year (Signature of NOTARY PUBLIC) SECTION 14 Restaurant, or Hotel -Motel Applicants: 1. Is there a valid restaurant or hotel -motel liquor license at the proposed location? ❑ YES Q NO If yes, give licensee's name: 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? ❑ YES ❑ NO SECTION 1 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check AL oxes that apply to your licensed premises: ❑ Entrances/Exits ❑ Liquor storage areas ❑ Drive-in windows ❑ Patio enclosures ❑ Service windows ❑ Under construction: estimated completion date 2. Restaurants and Hotel/Motel applicants must explicitly depict kitchen equipment and dining facilities. 3. The diagram below is the only area where spirituous liquor is to be sold, served, consumed, dispensed, possessed, or stored. Give the square footage or outside dimensions of the licensed premises. e F", -,j, � - YOU MUST NOTIFY THE DEPARTMENT OF LIQUOR OF ANY CHANGES OF BOUNDARIES, ENTRANCES, EXITS, OR SERVICE WINDOWS MADE AFTER SUBMISSION OF THIS DIAGRAM. R SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE. 1. Current Business Name and Address: (Exactly as it appears on license) 2. New Business Name and Address: (Do not use PO Box Number) 3. License Type: 4. What date do you plan to move? License Number: LIQUOR L I ism Last Renewal Date: What date do you plan to open? SECTION 13 Questions for all in -state applicants: 1. Distance to nearest school: La2L ft. Name/Address of school: (Regardless of distance) 2. Distance to nearest church: i-Oft. Name/Address of church: (Regardless of distance) 3. I am the: '-Q LESSEE ❑ SUBLESSEE ❑ OWNER 4. If the premises is leased give lessors name and address: -1( • 1\� 1� / `i •1k��P�� :: �ia� ❑ PURCHASER (of premises) 4a. Monthly rental/lease rate $ � 3 �5 a . GO What is the remaining length of the lease? L ' Yrs mos. 4b. What is the penalty if the lease is not fulfilled? $ �C i Dts-- � I = or other (give details - attach additional sheet if necessary) D"at is the total business indebtedness of the applicant for this license/location excluding lease? $ (- Does any one creditor represent more than 10% of that sum? ❑ YES �4 NO If yes, list below. Total must equal 100%. Last First Middle % Owed Residence Address City State (ATTACH ADDMONAL SHEET IF NECESSARY) 6. What type of business will this license be used for? (BE SPECIFIC) --A,2 Gil ,(�e 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? ❑ YE�O NO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee , have any interest in your business? 11YE'SQ NO 9. Is the premises currently licensed with a liquor license YES ❑ NO If yes, give license number and licensee's name: (License #) it appears on License) DEFAULT NOTICE to OBLIGOR DEMAND FOR PAYME!NECFR OMS UARANTOR NONPAYMENT of PjgNtI SQ%g.,Y-36NOTE PN7 NOTICE: To Guarantor Miles Mooney, Dawn Mooney, Gary Dutton, Address 11807 N. Saguaro Fountain Hills Arizona 85268 City/County/State/Zip BY INSTRUMENT DATED 6/11/02, you guaranteed payment to the undersigned Obligee, at monthly payments, of a promissory note in the principal amount of $ 92,705.31 with interest at the rate of 8.5% per annum, the said note made by Obligor, on 6/11/02. The note payment was due on 10/11/03 and has not been paid. Demand is made on you for full payment of $71685.71, representing the principal amount of the note plus accrued interest to date in the amount of $517.58. If full payment has not been received within 10 days after your receipt of this notice and demand, collection proceedings against you will be initiated and all recourse allowed in chattel agreement associated with this note will be pursued . Obligee Date `� I � Z).`-) UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS (front and back) CAREFUL A. NAME 8 PHONE OF CONTACT AT FILER [optional] B. SEND ACKNOWLEDGMENT TO: (Name and Address) F ECEPYE F E B - 2 2004 LIQ�0, LICE � �qPjjtQNA SECRETARY OF STATE THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S EXACT FULL LEGAL NAME -insert only one debtor name 11 a or 1bt -do not nhhrevlale nr rrmhine names 1 a. ORGANIZATIONAS NAME j OR 1b.)1NDIVIOUAL'S LAST NAME FIRST NA E MIDDLE NAME SUFFIX tc. MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY U �c id. TAX ID p: SSN OR EIN�'=G ' FO RE Ili-. TYPE OF ORGANIZATION tf. JURISOIC ION F R ANIZATION 1g. OR ANIZATIONAL ID _ if any ANIZATION DEBTOR NONE 2. ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME - insert only we debtor name f2a or 2bi - doinot abbreviate or combine names 2a. ORGANZZATION'S NAME OR 2b. INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 2c. MAILING ADDRESS CRY STATE POSTAL CODE COUNTRY 2d. TAX ID p: SSN OR EIN 2a. TYPE OF ORGANIZATION 2f. JURISDICTION OF ORGANIZATION 2g. ORGANIZATIONAL 0A, if any �ADD'LINFORE ORGANIZATION DEBTOR NONE 3. SECURFI] PARTY'S NAMF 1— NAMF of TnTAI ASSIr.NFF of ACCIr.N0Q C/p\ - —.& —i nnu --pro./ — —. /nu — lh% OR 3a. ORGANIZATION'S NAME b. INDMOUAL'S LA NAME FIRST NAME C4 MIDDLE NAME SUFFIX 3c MAILING ADDRESS CITY I STA OSTAL CODE COUNTRh 1 r. I nrs r1P1AIW INU J I A I CMtN I Covers ale roiiowtng collateral: rw S. ALTERNATIVE DESIGNATION [if applicablel: Q LESSEE/LESSOR 11 CONSIGNEE/CONSIGNOR BAILEE/BAILOR SELLER/BUYER I AG. LIEN I NON-UCC FILING g, hls INAN IN A M N Is to be iled [ or record or recorded) in the R l- 7, heck to U A H on eotor s) ESTATE RECORDS. Attach Addendum if a licable ADDITIONAL FEEI-- foptionall All Debtors Ll Debtor 1 Debtor 2 8, OPTIONAL FILER REFERENCE DATA FILING OFFICE COPY— NATIONAL UCC FINANCING STATEMENT (FORM UCC 1) (REV. 07129/98) 7. Affiant further states that all things required to be done under A.R.S. Section 47-9101 et seq. (Uniform Commercial Code - Secured Transactions), have been done to entitle the affiant to lawfully dispose of or otherwise act with respect to Spirituous Liquor License No. Affiant further states he is aware that the Department of Liquor Licenses and Control is making no determination of the secured parry's property interest in Spirituous Liquor License No. but is relying on affiant's documentation and this affidavit solely for the purpose ./o�fallowing the affiant to take action with the Department as to Spirituous Liquor License No. ��5a Affiant agrees to hold the Department of Liquor Licenses and Control harmless from any liability incurred by the Department in reliance on the affiant's representations and documentation. Wherefore, Affiant further saith not. �I X� 11)W� Lk , declare that I have read this Affidavit Print Name and the contents and all statements are true, correct and complete. State of County of I nja The fo -egoi strument was acknowledged before m s Signature of AFFUNT day of 4`'� OFFICIAL SEAL CONNIE T. WAGNER My Commission :; n MARICOPA COUNTY I'+`y Comm. Expires,lan. 10, 2005 ---- _ Day of Month Month (Signature of NOTARY Year n 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 1_1000R (520) 628-6595 3 A 10�''��cc.��ll F�o�pp,, 1VMiv RICIAL FORECLOSURE . AFFIDAVIT STATE OF ARIZONA ) ss. COUNTY OF MARICOPA ) J � 1S�,C_�Ra¢�� I, �► 1U�V. Y)2 LAD 0 rJ C-n , having been duly sworn do hereby state that: 2. 3 ►I 5. I am a secured arty and have a perfected security interest in Spirituous Liquor License No. 01900�6— or I am the attorney for the secured party who is The financing statement with Spirituous Liquor License No.(Y as collateral was filed with the Secretary of State on V-Q- 20 (3 (Copy attached). Debtor, V , is in default under the security agreement. A notice of proposed disposition of collateral was sent to the debtor on at (address)1 jC7(J y- /V—)CA012C,4M y-GV 1 jV l 4 H:1115k1l j) and was also filed with the Secretary of State on (Copy of notice attached) ❑ Public A ❑ Private sale was held on at (address) and the sale was in a commercially reasonable manner with notice of the sale having been published on in (publication) . (Copy of Notice of Sale attached) Spirituous Liquor License No. of (address was sold to or (Copy of Bill of Sale attached) Spirituous Liquor License No. 0 b CEJD�4a was retained in satisfaction of the obligation and notice was given to the debtor on (Copy of notice attached) lic 1011 05/19" Individuals requiring special accommodations please call (602) 542-9051 SECTION 9 Probate, Will Assignment or Divorce Decree of an existing Bar or Liquor Store: 1. Current Licensee's Name: _ (Exactly as it appears on license) Last First Middle 2. Assignee's Name: Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL, PROBATE DISTRIBUTION INSTRUMENT, OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities, towns, or counties only) 1. Person to administer this license: Last First Middle 2. Assignee',"me: Last First Middle to Person Transfer: won uestions to�b completed by CURRENT LICENSEE (Bars and Liquor Stores ONLY). 1. en ensee's Name: -AI .DEntity: (Exactly as it appears on license) Last Fi t Middle (Indio., Agent, etc.) 2. Corporation/L.L.C. Name:>��" 1 I I (Exactly as it appears o license) 3. Current Business Name: a�a n 0 Q too q (Exactly as it appears on license) L4. Current Business Address: ` LL— ' C1,r} �) 1 � 1I i-1 il.aL� 5. License Type: L4License Number. �jCj r� Last Renewal Date: 6. Current Mailing Address (other than business): 7. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? \® YES ❑ NO 8. Does the applicant intend to operate the business while this application is pending? "Q YES ❑ NO If yes, complete section 5, attach fee, and current license to this application. 9. I hereby relinquish my rights to the above described license to the applicant named in this application and hereby declare that the statements made in this section are true, correct and complete. 1 , declare that 1 am the CURRENT OWNER, AGENT, CLUB MEMBER, PARTNER, (Print full name) STOCKHOLDER or LICENSEE of the stated license. I have read this section and the contents and all statements are true, correct and complete. C f 0 (Signature of CURRENT LICENSEE) My commission expires on: I State of ounty o The foregoing instrument was acknowledged before me this Day Month (Signature of NOTARY PUBLIC) Year SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT" TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. ❑ CORPORATION Complete questions 1, 2, 3, 5, 6, 7, 8. ❑ L.L.C. Complete questions 1, 2, 4, S, 6, 7 and attach copy of Articles of Org. and Operation Agreement 1. Name of Corporation/L.L.C.: _� �1 (�((�QVL EH r (Exactly as it appears on Articles of Inc o °f .� t— ° 2. Date Incorporated/Organized: 1/7 S to ere,�InTpooed/Organized: I 1 q �u ��5 H IU` 3. AZ Corporation Commission File No.: /,, Date authorized to do business in AZ: 11�% 1-I 4 a L-L Q�ISZCLOrPL.-/ CFile No: 4 { �LJ Date authorized to do business in AZ:L.L.C. non-profit? ❑ YEWS ONO If yes, give IRS tax exempt number: 6. List all directors /officers in Corporation/L.L.C.: Last First Middlr T;tlA D.,..:a--- A,l.i..o - V Q T i (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. 'st stockholders or controlling members owning 10% or more: tt First Middle % Owned Residence Address City State Zip p (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity, attach an ownership, and director/officer/members disclosure for the parent entity. Attach additional sheets as necessary in order to disclose real people. SECTION 8 Club Applicants: EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Name of Club: (Exactly as it appears on Club Charter or Bylaws) 2. Is club non-profit? ❑ YES ❑ NO If tax exempt, give IRS tax exempt number: 3. List officer and directors: r_ Date Chartered: (Attach a copy of Club Charter or Bylaws)) rirsi middle title Residence Address City State Zip (ATTACH ADDITIONAL SHEETS IF NECESSARY 3 (;)� .`o;� cyvy� ys"' SECTION 5 Interim Permit: 1. If you intend to operate business while your application is pending you will need an Interim Permit pursuant to A.R-S. 4-203.01 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. (�'J 4. Is the license currently in us�'?-Q YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I, , declare that I am the CURRENT OWNER, AGENT, CLUB MEMBER, (Print full name) PARTNER, STOCKHOLDER OR LICENSEE of the stated license and location. State of County of X The foregoing instrument was acknowledged before me this (Signature) Day My commission expires on: SECTION 6 Individual or Partnership Owners: Month (Signature of NOTARY PUBLIC) Year EACH PERSON LISTED MUST SUBMIT A COMPLETED FORM "LIC0101", AN "APPLICANT' TYPE FINGERPRINT CARD, AND $24 FEE FOR EACH CARD. 1. Individual Last First\ Middle / % Owned\ Residence Address / \ City State Z Partnership Name: (Only the first partner listed will appear on license) .-.,...._., ! :...Z-A r -- n,r:a,tt> oils P—i. — Arlri— C'im Ctatr 7in n n � ❑ o� ❑ ❑ (ATTACH ADDITIONAL SHEET IF NECESSARY) 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑ YES Q NO If Yes, give name, current address and telephone number of the person(s) use additional sheets if necessary. Last First Middle Residence Address City State Zip Telephone 2 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL ,JO W Washington 5th Floor +t400 W Congress #150 Phoenix AZ 85007-2934 gSgucson AZ 85701-1352 (602) 542-5141 13U4 L`CE (520) 628-6595 APPLICATION FOR LIQtU61% EiC SE 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. P0 2'�'04 SECTION 1 This application is for a: SECTION 2 Type of ownership: 011;S'0I INTERIM PERMIT Complete Section 5 ❑ J.T.W.R.O.S. Complete Section 6 34-0� ❑ 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 1, 3, 4, 11, 13,15, 16, 17 \ E] CORPORATION Complete Section 7 ❑ LOCATION TRANSFER (Bars and Liquor Stores ONLY) `W LIMITED LIABILITY CO. Complete Section 7 Complete Sections 1, 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 #: 1. Type of License: (0 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. 44.68/52) SECTION 4 Applicant: (All applicants must complete this section) 1d3 7 / 6.;'e2 Mr.L/ 1. ApplicandAgent'sName: Ms. (Insert one name ONLY to appear on license) Last on First Middle 81 asp 2. Corp./Partnership/L.L.C.: 7 0 (-gypCpCJ ) U, L 3. Business Name: _ 4. usiness Address: as it appears on Articles of lhc. or Articles of Org.) 19 (Exactly as it appeais on the exterior of premises) ,b 1 ,06Q 40 1 1 (Do not use PO Box Ntunber�-1 City — CObNI Y -� — Zip 5. Business Phone: (�-i ) �� - '2_,�� (0 D Residence Phone: ( ) �''�� - f 9 1 6. Is the business located within the incorporated limits of the above city or town? -"BYES ONO 7. Mailing Address: r;Cx W) City State Zip )8,Enter the amount paid for a 06, 07, or 09 license: $ 1(Price of License ONLY) rn DEPARTMENT USE ONLY Accepted by: / Date 0 _� Lic. # Fees: g" C) I Application Interim Permit Agent Change Club F. Prints 0%6L15-3 TOTAL PROCESSING APPLICATIONS TADS APPROXIMATELY 90 DAYS, AND CIRCUMSTANCES OFTEN RESULT IN A LONGER WAITING PERIOD. YOU ARE CAUTIONED REGARDING PLANS FOR A GRAND OPENING, ETC., BEFORE FINAL APPROVAL AND ISSUANCE OF THE LICENSE. LIC 0100 05/2003 *Disabled individuals requiring special accommodation, please call (602) 542-9027. Y 1:-IE LED�c l r ARTICLES OF ORGANIZATIOIi,, 3z ZE GET 21 P/ 2. 3b OF ��,�,�•� J & S CONCEPTS LLr— q. , - ;`•.t'F,;�G2� (An Arizona umit�dM W CLn�A;o—i SE T::R11 NIN FEB - 3 A 10: 3b 1. Name: The name of the limited liability company is: J & S Conceats, LLC 2. Registered Office: The address of the registered office in Arizona is: 11807 N Sazuaro BI Fountain Hills, AZ 85268 located in the County of: Maricoua 3. Statutory Agent: (In Arizona) The name and address of the statutory agent of the company is: Shawna Worden 17062 E Rand Dr Fountain Hills, AZ 85268 4. Dissolution: The latest date, if any, on which the limited liability company must dissolve is December 31, 2030 5.a. Management: ( ) Management of the limited liability company is vested in a manager or managers. The name and addresses of each person who is a manager AND each member who owns a twenty percent or greater interest in the capital or profits of the limited liability company are: (X) Management of the limited liability company is reserved to the members. The names and addresses of each person who is a member are: Page l of 2 5.b. Shawna Worden A` LIQ LIC (X) Member () Manager VQ Member () Manager L� 01", � ° �! 02 17062 E Rand Dr OR ,� s FAddress � �g ' 3 tain Bills AZ gunP City, State, Zip City, State, Zip () Member () Manager () Member () Manager Address Address City, State, Zip City, State, Zip EXECUTED thi Day of A_ 120 Signature) (Signature) Shawna Worden (Print Name Here) (Print Name Here) PHONE 480-837-5373 FAX Acceptance of Appointment By Statutory Agent I, Shawna Worden having been designated to act as Statutory Agent, hereby consent to act in that capacity until removed or resignation is submitted in accordance with the Arizona Revised Statutes. Signature of Statutory Agent) Page 2 of 2 LLC Operating Agreement 4 r UUr,'u Ur of J & 9ts, LLQv 02 4 iability Company On this day of 0 hk�rnjWorden and, hereinafter referred to as "the Members", enter into this Orgie t RECITALS A. The Members desire to form a limited liability company (the "Company") under the laws of the state of AZ. B. The Members enter into this Operating Agreement in order to form and provide for the governance of the Company and the conduct of its business and to specify their relative rights and obligations. NOW THEREFORE, the Members hereby agree as follows: ARTICLE I - DEFINITIONS The following terms used in this Agreement have the meanings specified in this Article or elsewhere in this Agreement. 1.1 "Act" means the statutes enacted in the state of AZ applicable and pertaining to the formation and operation of limited liability companies, including amendments thereto from time to time. 1.2 "Agreement" means this operating agreement, as originally executed and as amended from time to time. 1.3. "Articles of Organization" means the document required to be filed with the applicable office of the state of AZ required to establish a limited liability company in AZ. 1.4. "Assignee" means a person who has acquired a Member's Economic Interest in the Company, by way of a Transfer in accordance with the terms of this Agreement, but who has not become a Member. 1.5. "Assigning Member" means a Member who by means of a Transfer has transferred an Economic Interest in the Company to an Assignee. 1.6. "Capital Account" means, as to any Member, a separate account maintained and adjusted in accordance with Article III, Section 3.3. 1.7. "Capital Contribution" means, with respect to any Member, the amount of the money, the forgiveness of any debt, and the Fair Market Value of any services or property (other than money) contributed to the Company (net of liabilities secured by such contributed property that the Company https://www.legaldocs.com/does/Uc-op-ag_3.mv 11 /5/2000 is considered to assume or take "subject to" under IRC section 752) in consideration of a Percentage Interest held by such Member. A Capital Contribution sball not be deemed a loan. 1.8. "Capital Event" means a sale or disposition of any of the Company's capital assets, the receipt of insurance and other proceeds derived from the involuntaryconversion of Company property, the receipt of proceeds from a refinancigtl jipaiy W6USr a similar event with respect to Company property or assets. 1.9. "Code" or "IRC" means the Internal q t�L 3f 1 A, Wam�ded, and any successor provision. 1.10. "Company" means the company named in Article II, Section 2.2. 1.11. "Economic Interest" means a Person's right to share in the income, gains, losses, deductions, credit or similar items of, and to receive distributions from, the Company, but does not include any other rights of a Member, including the right to vote or to participate in management 1.12. "Encumber" means the act of creating or purporting to create an Encumbrance, whether or not perfected under applicable law. 1.13. "Encumbrance" means, with respect to any Membership Interest, or any element thereof, a mortgage, pledge, security interest, lien, proxy coupled with an interest (other than as contemplated in this Agreement), option, or preferential right to purchase. 1.14. "Fair Market Value" means, with respect to any item of property of the Company, the item's adjusted basis for federal income tax purposes, except as follows: (a) The Fair Market Value of any property contributed by a Member to the Company shall be the value of such'property, as mutually agreed by the contributing Member and the Company; (b) The Fair Market Value of any item of Company property distributed to any Member shall be the value of such item of property on the date of distribution, as mutually agreed by the distributee Member and the Company; and (c) Fair Market Value for purposes of Article VIII, Section 8.7 and Article IX, Section 9.3, shall be as determined under that section. 1.15. "Initial Member" or "Initial Members" means those Persons whose names are set forth in the first sentence of this Agreement A reference to an "Initial Member" means any of the Initial Members. 1.16. "Involuntary Transfer" means, with respect to any Membership Interest, or any element thereof, any Transfer or Encumbrance, whether by operation of law, pursuant to court order, foreclosure of a security interest, execution of a judgment or other legal process, or otherwise, including a purported transfer to or from a trustee in bankruptcy, receiver, or assignee for the benefit of creditors. 1.17. "Losses". See "Profits and Losses". https://www.legaldocs.com/docs✓llc-op-ag_3.mv 11/52000 1.18. "Majority of Members" means a Member or Members whose Percentage Interest represent more than 50 percent of the Percentage Interests of all the Members. 1.19. "Meeting" is defined in Article 0 U' 1.20. "Member" means an Initial Member or a Perso w�otb3r�vise acquires a Membership Interest, as permitted under this AgreemenNar hn.r�mai a`Idiember. Zhu C t_�" 1.21. "Notice" means a written notice required or permitted under this Agreement. A notice shall be deemed given or sent when deposited, by certified mail or for overnight delivery, postage and fees prepaid, in the United States mail; when delivered to Federal Express, United Parcel Service, DHL WorldWide Express, or Airborne Express, for overnight delivery, charges prepaid or charged to the sender's account; when personally delivered to the recipient; when transmitted by electronic means, and such transmission is electronically confirmed as having been successfully transmitted; or when delivered to the home or office of a recipient in the care of a person whom the sender has reason to believe will promptly communicate the notice to the recipient. 1.22. "Percentage Interest" of each Member in the Company is the same percentage as each such Member's allocation of Profits and Losses is to all Profits and Losses, as set forth in Section 4.1 below. 1.23. "Person" means an individual, partnership, limited partnership, trust, estate, association, corporation, limited liability company, or other entity, whether domestic or foreign. 1.24. "Profits and Losses" means, for each fiscal year or other period specified in this Agreement, an amount equal to the Company's taxable income or loss for such year or period, determined in accordance with IRC section 703 (a). 1.25. "Regulations" ("Reg") means the income tax regulations promulgated by the United States Department of the Treasury and published in the Federal Register for the purpose of interpreting and applying the provisions of the Code, as such Regulations may be amended from time to time, including corresponding provisions of applicable successor regulations. 1.26. "Substituted Member" is defined in Article VIII, Section 8.8. 1.27. "Successor in Interest" means an Assignee, a successor of a Person by merger or otherwise by operation of law, or a transferee of all or substantially all of the business or assets of a Person. ,1.28. "Transfer" means, with respect to a Membership Interest, or any element of a Membership Interest, any sale, assignment, gift, Involuntary Transfer, or other disposition of a Membership Interest or any element of such a Membership Interest, directly or indirectly, other than an Encumbrance that is expressly permitted under this Agreement 1.29. "Triggering Event" is defined in Article VIII, Section 8.3. 1.30. "Vote" means a written consent or approval, a ballot cast at a Meeting, or a voice vote. httpsJ/www.legaldocs.com/docAc-op-ag_3.mv 1 V5/2000 1.31. "Voting Interest" means, with respect to a Member, the right to Vote or participate in management and any right to information concerning the business and affairs of the Company provided under the Act, except as limited by the provisions of this Agreement. A Member's Voting Interest shall be directly proportional to that Member's Percentage Interest - ARTICLE II - A�MCrtll ,S a EAR&NIZATION 2.1. The Members have caused, or will cause, Articles o:�jj� tion under the name of J & S Concepts, LLC to be filed in accordanc45h Act d+P b . h filing attach a copy of such Articles of Organization to this Agreement as Exhibit "A" . 22. The name of the Company shall be J & S Concepts, LLC. 2.3. The principal executive office of the Company shall be at 11807 N.Saguaro, Fountain Hills, AZ, or such other place or places as may be determined by the Members from time to time. 2.4.The LLC is engaged in the business of Bar. The Company shall engage in no other business or venture, except upon the unanimous written agreement of all Members. 2.5. The term of existence of the Company shall commence on the effective date of filing of the Articles of Organization with the responsible state of AZ office which accepts such filings, and shall continue until Dec 312030, unless sooner terminated per the terms of this Agreement or as provided by law. 2.6. The Company shall be managed by its Members. ARTICLE III - FINANCIAL MATTERS 3.1. Each Member shall contribute to the Company the Member's Capital Contribution as follows: For Shawna Worden, the sum of $80000, consisting of cash. 3.2. If a Member fails to make the required initial Capital Contribution as set forth in Paragraph 3.1 above within 10 days after the effective date of this Agreement, that Member's entire Membership Interest shall terminate and that Member shall indemnify and hold the Company and the other Members harmless from any loss, cost, or expense, including reasonable attorney fees incurred, caused by the failure to make such Capital Contribution. -3.3. An individual Capital Account shall be maintained for each Member consisting of that Member's Capital Contribution, (1) increased by that Member's share of Profits, (2) decreased by that Member's share of Losses, and (3) adjusted as required in accordance with applicable provisions of the Code and Regulations. 3.4. A Member shall not be entitled to withdraw any part of the Member's Capital Contribution or to receive any distributions, whether of money or property from the Company, except as provided in this Agreement. https://www.legaldocs.com/docs/llc-op-ag_3.mv 11/5/2000 3.5. No interest shall be paid on funds or property contributed to the capital of the Company or on the balance of a Member's Capital Account. 3.6. A Member shall not be bound by, nor be personally liable for, the expenses, liabilities, or obligations of the Company, except as otherwise provided in the Act, in this Agreement, or in a separate written agreement executed by such Memb � , SASE 3.7. No Member shall have prioniy over any other Member with respect to the return of a Capital Contribution, or distributions or allocations �f inc�pmfa�rlosses, deductions, credits, or items thereof. ��t}�� F- !! �� ARTICLE IV: ALLOCATIONS AND DISTRIBUTIONS 4.1. The Profits and Losses of the Company and all items of Company income, gain, loss, deduction, or credit shall be allocated, for Company book purposes and for tax purposes, to each Member as follows: (a) First, to return to the Members, in the same ratio as Capital Contributions made, any Capital Contributions and additional Capital Contributions made to the Company. (b) Second, to the Members as follows: MEMBER SHARE OF PROFITS/LOSS: Shawn Worden 100 percent of the total 4.2. If any Member unexpectedly receives any adjustment, allocation, or distribution described in Reg. sections 1.704-1 (b)(2)(ii)(d)(4), 1.704-1 (b)(2)(ii)(d)(5), or 1.704-1 (b)(2)(ii)(d)(6), as same may be amended from time to time, or under any successor statutes thereof, items of Company gross income and gain shall be specially allocated to that Member in an amount and manner sufficient to eliminate any deficit balance in the Member's Capital Account created by such adjustment, allocation, or distribution as quickly as possible. Any special allocation under this Section 4.2 shall be taken into account in computing subsequent allocations of Profits and Losses so that the net amount of allocations of income and loss and all other items shall, to the extent possible, be equal to the net amount that would have been allocated if the unexpected adjustment, allocation, or distribution had not occurred. The provisions of this Section 4.2 and the other provisions of this Agreement relating to the maintenance of Capital Accounts are intended to comply with Reg sections 1.704-1(b) and 1.704- 2, as same may be amended from time to time, or under any successor regulations thereof, and shall be interpreted and applied in a manner consistent with such Regulations. 1 .3. Any unrealized appreciation or unrealized depreciation in the values of Company property distributed in kind to all the Members shall be deemed to be Profits or Losses realized by the Company immediately prior to the distribution of the property, and such Profits or Losses shall be allocated to the Members' Capital Accounts in the same proportions as Profits are allocated under Section 4.1. Any property so distributed shall be treated as a distribution to the Members to the extent of the Fair Market Value of the property less the amount of any liability secured by and related to the property. Nothing contained in this Agreement is intended to treat or cause such distributions to be treated as sales for value. For the purposes of this Section 4.3, "unrealized appreciation" or httpsJ/www.legaldocs.com/docs/He-op-ag_3.mv 11/5/2000 "unrealized depreciation" shall mean the difference between the Fair Market Value of such property and the Company's basis for such property. 4.4. In the case of a Transfer of an Economic Interest during any fiscal year, the Assigning Member and Assignee shall each be allocated a share of Profits or Losses based on the number of days each held the Economic Interest during,, �th��a[(t�� fiscal �Ye�r; �CJE 4.5. Cash resulting from the norniallbt�§r`ri ssss operations((; of the qompany and from a Capital Event shall be distributed among the Members as determing Va *j6rity of Members, in proportion to each Members Percentage ulajc�t t ectron 4.1(a). 4.6. If the proceeds from a sale or other disposition of an item of the Company consists of property other than cash, the value of such property shall be as determined by the Members. Such non -cash proceeds shall then be allocated among all the Members in proportion to their Percentage Interests. If such non -cash proceeds are subsequently reduced to cash, such cash shall be distributed to each Member in accordance with Section 4.5. 4.7. Notwithstanding any other provisions of this Agreement to the contrary, when there is a distribution in liquidation of the Company, or when any Members interest is liquidated, all items of income and loss first shall be allocated to the Members' Capital Accounts under this Article IV, and other credits and deductions to the Members' Capital Accounts, shall be made before the final distribution is made. The final distribution to the Members shall be made to the Members to the extent of and in proportion to their positive Capital Account balances. ARTICLE V: MANAGEMENT 5.1. The business of the Company shall be managed by the Manager or Managers named in Article H, Section 2.6, or a successor Manager selected by a Majority of Members. Except as set forth in separate written employment agreement between the Manager and the Company, the Manager shall serve without compensation. Except as otherwise set forth in this Agreement, all decisions concerning the operation and management of the Company's business shall be made by a Majority of Members, which decisions and the day to day operations of the Company shall be executed by the Manager. Notwithstanding and without limiting the foregoing, the Manager shall not take any of the following actions on behalf of the Company unless a Majority of Members (or all of the Members if provided so otherwise in this Agreement) have consented to the taking of such action. (a) Any act that would make it impossible to carry on the ordinary business of the Company; (b) Any confession of a judgment against the Company; (c) The dissolution of the Company; (d) The disposition of any Company assets not in the ordinary course of business; (e) The incurring of any debt not in the ordinary course of business; (f) A change in the nature of the principal business of the Company; (g) The payment or distribution of any assets or salaries, or the reimbursement of any costs or expenses, to any Member, (h) The filing of a petition in bankruptcy or the entering into of an arrangement among creditors; and (i) The entering into, on behalf of the Company, of any transaction constituting a "reorganization" within the meaning of the Code. https://www.legaldocs.com/doesAIc-op-agj-mv 11/5/2000 A declaration by the Manager, stating that a Majority of Members have approved any specific action concerning the management of the Company's business as set forth in this Section 5.1, shall be conclusive to any third party that a Majority of Members have approved such stated specific action and that the Manager is authorized to perform such action on beof the Company. A Majority of Members may authorize the Manager to taki �yy;rts`i_ve by a written consent executed with or without a meeting. �,. L1 �1 5.2. The Manager shall serve un Far en -(9 the6aiOge�asignation retirement, death, or disability; (2) the Manager's ore of a Majority of Members; or (3) the expiration of the Manager's term as Manager, if a term has been designated by a Majority of Members. A new Manager or Managers shall be appointed by a Majority of Members on the occurrence of any of the foregoing events. 5.3. Each Manager shall be appointed by a Majority of Members for (a) a term expiring with the appointment of a successor, or (b) a term expiring at a definite time specified by a Majority of Members in connection with such an appointment. A Manager may be removed with or without cause at any time by action of a Majority of Members, and the execution and filing of a Certificate of Amendment of the Articles of Organization, if necessary, to provide that the Company is to be managed by a different number of managers than set forth above. 5.4. The Members are not required to hold meetings, and decisions may be reached through one or more informal consultations followed by agreement among a Majority of Members, provided that all such Members are consulted (although all Members need not be present during a particular consultation), or by a written consent signed by a Majority of Members. In the event that Members wish to hold a formal meeting (a "Meeting") for any reason, the following procedures shall apply: (a) Any two Members may call a Meeting of the Members by giving Notice of the time and place of the Meeting at least 48'hours prior to the time of the holding of the Meeting. The Notice shall reasonably specify the purpose, location and time of the Meeting. (b) A Majority of Members shall constitute a quorum for the transaction of business at any Meeting of the Members. (c) The transactions of the Members at any Meeting, however called or noticed, or wherever held, shall be as valid as though transacted at a Meeting duly held after call and notice if a quorum is present and if, either before or after the Meeting, each Member not present signs a written waiver of Notice, a consent to the holding of the Meeting, or an approval of the minutes of the Meeting. (d) Any action required or permitted to be taken by the Members under this Agreement may be taken without a Meeting if a Majority of the Members individually or collectively consent in writing to "sudh action. (e) Members may participate in the Meeting through the use of a conference telephone or similar communications equipment, provided that all Members participating in the Meeting can hear one another. (f) The Members shall keep or cause to be kept with the books and records of the Company full and accurate minutes of all Meetings, Notices, and waivers of Notices of Meetings, and all written https://www.legaidoes.com/docs/Uc-op-ag_3.mv 11/5/2000 consents in lieu of Meetings. 5.5. All members are required to devote their full time, effort and attention to the business affairs of the Company. 5.6. All assets of the Comp any, '� � � '�nall be held in the name of the Company. 5.7. All funds of the Company tU biei9posild i tf"DnRr 11re accounts with one or more recognized financial institutions in the name of the Company, at such locations as shall be determined by a Majority of Members. Withdrawal from such accounts shall require the signature of such person or persons as a Majority of Members may designate. ARTICLE VI: ACCOUNTS AND RECORDS 6.1. Complete books of account of the Company's business, in which each Company transaction shall be folly and accurately entered, shall be kept at the Company's principal executive office and shall be open to inspection and copying by each Member or the Member's authorized representatives on reasonable Notice during normal business hours. The costs of such inspection and copying shall be borne by the Member requesting same. 6.2. Financial books and records of the Company shall be kept on the cash method of accounting, which shall be the method of accounting followed by the Company for federal income tax purposes. A balance sheet and income statement of the Company shall be prepared promptly following the close of each fiscal year in a manner appropriate to and adequate for the Company's business and for carrying out the provisions of this Agreement The fiscal year of the Company shall be January 1 through December 31. 6.3. At all times during the term of existence of the Company, and beyond that term if a Majority of Members deem it necessary, the Manager(s) shall keep or cause to be kept the books of account referred to in Section 6.2, and the following: (a) A current list of the full name and last known business or residence address of each Member, together with the Capital Contribution and the share in Profits and Losses of each Member, (b) A copy of the Articles of Organization, as amended; (c) Copies of the Company's federal, state, and local income tax or information returns and reports, if any, for the six most recent taxable years; .(d) Executed counterparts of this Agreement, as amended; (e) Any powers of attorney under which the Articles of Organization or any amendments thereto were executed; (f) Financial statements of the Company for the six most recent fiscal years; and (g) The Books and Records of the Company as they relate to the Company's internal affairs for the current and past four fiscal years. htgm://www.legaidocs.com/docs/Hcop-ag_3.mv 11/5/2000 If a Majority of Members deem that any of the foregoing items shall be kept beyond the term of existence of the Company, the repository of said items shall �s designated by a Majority of L,C�� Members. G �Gu�R 6.4. Within 60 days after the end o each taxable year �-�;Co�ij3�ny shall send to each Member all information necessary for the Members to letrkthe fedb'ial and state income tax or information returns, and a copy of the C� ' Federal, state, and local income tax or information returns for such year. ARTICLE VII: MEMBERS AND VOTTNG 7.1. There shall be only one class of membership and no Member shall have any rights or preferences in addition to or different from those possessed by any other Member. Each Member shall Vote in proportion to the Member's Percentage Interest as of the governing record date, determined in accordance with Section 7.2. Any action that may or that must be taken by the Members shall be by a Majority of Members, except that the following actions shall require the unanimous Vote of the Members: (a) a decision to continue the business of the Company after any a death of a Member, the withdrawal of a Member, or any event set forth in Section 8.3(a), (b) or (c). (b) the admission of the Assignee as a Substituted Member, (c) any amendment of the Articles of Organization or this Agreement; or (d) a compromise of the obligation of a Member to make a Capital Contribution. 7.2. The record date for determining the Members entitled to Notice of any Meeting, to vote, to receive any distribution, or to exercise any right in respect of any other lawful action, shall be the date set by a Majority of Members, provided that such record date shall not be more than 60, nor less than 10 days prior to the date of the Meeting, nor more than 60 days prior to any other action. In the absence of any action setting a record date the record date shall be determined in accordance with the applicable laws of AZ. 7.3. At all Meetings of Members, a Member may Vote in person or by Proxy. Such proxy shall be filed with any Member before or at the time of the Meeting, and may be filed by facsimile transmission to the principal executive office of the Company or such other address as may be given by a Majority of Members to the Members for such purposes. ARTICLE VUL TRANSFERS OF MEMBERSHIP INTERESTS 8.1. A Member may withdraw from the Company at any time by giving Notice of such Member's intent to withdraw to all other Members, at least 180 calendar days before the effective date of withdrawal. Withdrawal shall not release a Member from any obligations and liabilities under this Agreement which were accrued or incurred before the effective date of withdrawal. A withdrawing Member shall divest the Member's entire Membership Interest before the effective date of withdrawal in accordance with the transfer restrictions and option rights set forth below. https://www.legaidocs.com/docs/Uc-op-ag_3.mv 11/5/2000 ...b.. I- va . v 8.2. Except as expressly provided in this Agreement, a Member shall not transfer any part of the Member's Membership Interest in the Company, whether now owned or hereafter acquired, unless (1) the Company and/or other Members have exercised, or have declined to exercise, their right to purchase the withdrawing Member's Membership pursuant to Section 8.5 below and (2) the Membership Interest to be transfe v I ri the total of all other Membership Interests transferred in the preceding�l I `�►t thG, wtl not cause the termination of the Company under the Code. No Member may encumber or permit or suff cumbrance of all or any part of the Member's Membership Interest in the Co��p��nmjhks sbch encumbrance has been approved in writing by all the other M} transfer or encumbrance of a Membership Interest in violation of this Section shall be voii }ottwithstanding any other provision of this Agreement to the contrary, a Member may transfer all or any portion of his or her Membership Interest to a revocable trust created for the benefit of the Member, or any combination between or among the Member, the Member's spouse, and the Member's issue; provided that the Member retains a beneficial interest in the trust and all of the Voting Interest included in such Membership Interest. A transfer of a Member's beneficial interest from such trust to another entity, or failure to retain such Voting Interest shall be deemed a Transfer of a Membership Interest, unless such later transfer is to the grantor of such trust, or to another trust which would qualify as a revocable trust in a first-time transfer. 8.3. On the happening of any of the following events ("Triggering Events") with respect to a Member, and assuming the remaining Members vote to continue the Company per Article X below, the Company and the other Members shall have the option to purchase all or any portion of the Membership Interest in the Company of such Member ("Selling Member") at the price and on the terms provided in Section 8.7 of this Agreement: (a) the bankruptcy of a Member, (b) the winding up and dissolution of a corporate Member, or merger or other corporate reorganization of a corporate Member as a result of which the corporate Member does not survive as an entity; (c) the withdrawal of a Member; or (d) except for the events stated in Section 8.4, the occurrence of any other event that is, or that would cause, a transfer of such Members interest to an Assignee. Each Member agrees to promptly give Notice of a Triggering Event to all other Members. 8.4. Notwithstanding any other provisions of this Agreement if� in connection with the divorce or dissolution of the marriage of a Member, any court issues a decree or order that transfers, confirms, or awards a Membership Interest, or any portion thereof, to that Member's spouse (an "Award"), then, notwithstanding that such transfer would constitute an unpermitted Transfer under this Agreement, that Member shall have the right to purchase from his or her former spouse the Membership Interest, or portion thereof, that was so transferred, and such former spouse shall sell the Membership Interest or portion thereof to that Member at the price set forth in Section 8.7 of this Agreement. If the Member has failed to consummate the purchase within 180 days after the Award (the "Expiration Date"), the Company and the other Members shall have the option to purchase from the former spouse the Membership Interest or portion thereof pursuant to Section 8.5 of this Agreement; provided that the option period shall commence on the later of (1) the day following the Expiration Date, or (2) the date of actual notice of the Award. 8.5. On the receipt of Notice by the other Members as contemplated by Section 8.1 through 8.4, httpsJ/www.legaldoes.com/docs/llc-op-ag_3.mv 11/52000 and on receipt of actual notice of any Triggering Event, the Company shall have the option, for a period ending 30 calendar days following the determination of the purchase price as provided in Section 8.7, to purchase the Membership Interest in the Company to which the option relates, at the price and on the terms provided in Section 8.7, and the other Members, pro rats in accordance with their prior Membership Interests in the Company, shall then have the option, for a period of 30 days thereafter, to purchase the Membership Inter' Q }ji 6n6 "' $ chased by the Company, on the same terms and conditions as apply to the Company. If all other Members do not elect to purchase the entire remaining Membership Interest in � the Com any then the Members electing to purchase shall have the right, pro rata in accordance iKatltE rior-vleAe4&p. nijrest in the Company, to purchase the additional Membership Interest in the Company available for purchase. Any Membership Interest in the Company not purchased may be transferred to an Assignee, but such Assignee shall not become a Substituted Member without the approval of all Members according to Section 7.1 above. The transferee of the Membership Interest in the Company that is not purchased shall hold such Membership Interest in the Company subject to all of the provisions of this Agreement. 8.6. No Member shall participate in any Vote or decision in any matter pertaining to the disposition of that Member's Membership Interest in the Company under this Agreement. 8.7. The purchase price of the Membership Interest that is the subject of an option per Section 8.5 above shall be the Fair Market Value of such Membership Interest as determined under this Section 8.7. Each of the selling and purchasing parties shall use his, her, or its best efforts to mutually agree on the Fair Market Value. If the parties are unable to so agree within 30 days of the date on which the option is first exercisable (the Option Date), the selling party shall appoint, within 20 days of the Option Date, one appraiser, and the purchasing party shall appoint within 20 days of the Option Date, one appraiser. The two appraisers shall within a period of five additional days, agree on and appoint an additional appraiser. The three appraisers shall, within 30 days after the appointment of the third appraiser, determine the Fair Market Value of the Membership Interest in writing and submit their report to all the parties. The Fair Market Value shall be determined by disregarding the appraiser's valuation that diverges the greatest from each of the other two appraisers' valuations, and the arithmetic mean of the remaining two appraisers' valuations shall be the Fair Market Value. The selling and purchasing party shall pay for the services of the appraiser selected by it, plus one-half of the fee charged by the third appraiser. The option purchase price as so determined shall be payable in cash no later than three (3) months following the determination of the appraisers' determination of the purchase price. 8.8. Except as expressly permitted under Section 8.2., a prospective transferee (other than an existing Member) of a Membership Interest may be admitted as a Member with respect to such Membership Interest (a "Substituted Member") only (1) on the unanimous Vote of the other Members in favor of the prospective transferee's admission as a Member, and (2) on such prospective transferee's executing a counterpart of this Agreement as a party hereto. Any prospective transferee of a Mepbership Interest shall be deemed an Assignee, and, therefore, the owner of only an Economic Interest until such prospective transferee has been admitted as a Substituted Member. 8.9. Any person admitted to the Company as a Substituted Member shall be subject to all provisions of this Agreement. 8.10. The initial sale of Membership Interests in the Company to the initial Members has not been qualified or registered under the securities laws of any state, or registered under the Securities https://www.legaldocs.com/docs/llc-op-ag_3.mv 11/5/2000 . -5- - ., - Act of 1933, as amended, in reliance upon exemptions from the registration provisions of those laws. No attempt has been made to qualify the offering and sale of Membership Interests to Members under the securities or corporate laws of AZ. Notwithstanding any other provision of this Agreement, Membership Interests may not be Transferred or Encumbered unless registered or qualified under applicable state and federal securities law or unless, in the opinion of legal counsel satisfactory to the Company, such qualification or registration is not required. The Oer who desires to transfer a Membership Interest shall be responsible for 1)E Ln�iufez zi gonnection with said opinion. ARTICLE IX: TRANSFER UPON DEAI ( MBER L -3 k �3 9.1 Upon the death of any Member, in the event the remaining Members vote to continue the operation of the Company per the provisions of Article X below, the deceased Member's share shall be transferred subject to the provisions set forth below. 9.2 Upon the death of any Member, the deceased Member's share shall pass to the heirs of the deceased Member, and the Company shall not be required to purchase the deceased Member's Percentage interest ARTICLE X: DISSOLUTION AND WINDING UP 10.1. The Company shall be dissolved on the fast to occur of the following events: (a) The death, incapacity, or withdrawal of a Member, or the bankruptcy or corporate dissolution of a Member; provided, however, that the remaining Members may, by the Vote of all remaining Members within 90 days of the happening of that event, Vote to continue the Company, in which case the Company shall not dissolve. If the remaining Members fail to so Vote, the remaining Members shall wind up the Company. (b) The expiration of the term of existence of the company. (c) The written agreement of all Members to dissolve the Company. (d) The sale or other disposition of substantially all of the Company assets. (e) The entry of a decree of judicial dissolution by any AZ Court. 10.2 On the dissolution of the Company, the Company shall engage in no further business other than that necessary to wind up the business and affairs of the Company. The Members who have not caused a Triggering Event shall wind up the affairs of the Company. The Persons winding up the affairs of the Company shall give written Notice of the commencement of winding up by mail to all known creditors and claimants against the Company whose addresses appear in the records of the Company. After paying or adequately providing for the payment of all known debts of the Company (except loans owing to Members) the remaining assets of the Company shall be distributed or applied in the following order of priority: (a) To pay the expenses of liquidation. (b) To repay outstanding loans to Members. If there are insufficient funds to pay such loans in fiill, each Member shall be repaid in the ration that the Member's respective loan, together with httpsJ/www.legaldocs.com/docslllc-op-ag_3.mv 11/5/2000 - -I- — --- --- interest accrued and unpaid thereon, bears to the total of all such loans from Members, including all interest accrued and unpaid on those loans. Such repayment shall first be credited to accrued and unpaid interest due and the remainder shall be credited to principal. (c) Among the Members in accordance � (with the prov i icle W, Section 4.7. 10.3 Each Member shall look solely t lia ase€t of the ComJpany for the return of the Member's investment, and if the Company property remaining a a�ment or discharge of all prior debts and obligations is consumed in tl riI3ueh�i�have no recourse against any other Members for indemnification, cont 1 on or reimbursement. ARTICLE M - GENERAL PROVISIONS 1 i.l. This Agreement constitutes the whole and entire agreement of the Members with respect to the subject matter of this Agreement, and it shall not be modified or amended in any respect except by a written instrument executed by all the Members. This Agreement replaces and supersedes all prior written and oral agreements by and among the Members or any of them. 11.2. This Agreement may be executed in one or more counter parts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 11.3. This Agreement shall be construed and enforced in accordance with the internal laws of the State of AZ. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect The intent of the parties hereto is that the Company is recognized as a limited liability company under the Code, and all provisions herein are to be interpreted under AZ law to conform to such intent. 11.4. This Agreement shall be binding on and inure to the benefit of the Members and their heirs, personal representatives, and permitted successors and assigns. 11.5. Whenever used in this Agreement, the singular shall include the plural, the plural shall include the singular, and the neuter gender shall include the male and female as well as a trust, firm, company, or corporation, all as the context and meaning of this Agreement may require. 11.6. The parties to this Agreement shall promptly execute and deliver any and all additional documents, instruments, notices, and other assurances, and shall do any and all other acts and things, reasonably necessary in connection with the performance of their respective obligations under this Agreement and to carry out the intent of the Members. 11.7. Except as provided in this Agreement, no provision of this Agreement shall be construed to limit in any manner the Members in the carrying on of their own respective businesses or activities. 11.5. Except as provided in this Agreement, no provision of this Agreement shall be construed to constitute a Member, in the Member's capacity as such, the agent of any other Member. https://www.legaidocs.com/docs4lc-op-ag_3.mv 11/5/2000 ,r•lrtil.Llll..o - LA,%- vperuuMg nKMCIMcuL .-55 —.. — 11.9. Each Member represents and warrants to the other Members that the Member has the capacity and authority to enter into this Agreement. 11.10 The article, section, and paragraph titles n�# contained in this Agreement are inserted as matter of convenience and f eh§ke 'ed shall be disregarded for all other °i 1 purposes, including the construction or en'ibrcement of this //A��greeme��nt or any of its provisions. 11.11. Time is of the essence of el@�iohf thfs Agoreem,t that specifies a time for performance. 11.12. This Agreement is made solely for the benefit of the parties to this Agreement and their respective permitted successors and assigns, and no other person or entity shall have or acquire any right by virtue of this Agreement 11.13. Each Member who is married agrees to obtain a spousal consent to the terms and conditions of this Agreement, in the form as set forth in Exhibit 'B" hereto. 11.14. The Members intend the Company to be a limited liability company under the Act No member shall take any action inconsistent with the express intent of the parties to this Agreement. IN WITNESS WHEREOF, the parties have executed or caused to be executed this Agreement on the day and year first above written. MAM [End of Agreement] httpsJ/www.legaldocs.com/docs/lJc-op-ag_3.mv 11/5/2000 IXLUt%l-dJ .o - LLB. %JVCLau 6 t-f�wuaa.ua —I— —-- -- LIQUOR LICENSE ImFa-3 A10*3l FY H ff "B„ Spousal Consent to J & S Concepts, LLC Operating Agreement I, , spouse of , notwithstanding any laws, if any, of the State of AZ or any other State, hereby consent to the terms and conditions set forth in the Operating Agreement of J & S Concepts, LLC, and agree to be bound by all its terms, including but not limited to any restrictions and/or requirements to the transfer of my spouse's interests in J & S Concepts, LLC, whether during our lives or as a result of any testamentary or intestate bequests. I acknowledge having read said Operating Agreement, understand its terms and the effects thereof, and execute this Spousal Consent freely, under no duress or threat of duress, and with full knowledge that I am not bound or required to execute this Spousal Consent. I declare under penalty of perjury under the laws of the State of AZ that the foregoing is true and correct. Signed on this day of 12000. (Sign Above) httpsJ/www.lepldocs.com/docs/llc-op-ag_3.mv 11/5/2000 ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 400 W Congress #150 800 W Washington Sth Floor Tucson AZ 85701-1352 Phoenix AZ 85007-2934 (520) 628-6595 (602)542-5141 QUESTIONNAIR,c Attention all Local Governing Bodies: Social Security and $�iidate�lrl#dl�t�tationis Confidential. This 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 ptic vigw, n In; 1 Rgad carefu�� carefully. This instrument 0vorn document. Tyke or print with black ink. An extensive myeltigation of your background will be conducted. Fa or t complete answers could result incrimtn prosecution and the denial or subsequent revocation orf a li ense or permit. TO BE COMPLETED BY EACH OWNER, AGENT, PARTNER, STOCKHOLDER (100/. 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 t THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. d ;i / DJ `7! vC q Liquor License # A service fee of $25.00 will be charged for all dishonored checks (A.R.S. 44.6852) 1. Check appropriate box —0101. 2. Name: t Owner ❑Partner ❑Stockholder ❑Member ❑Officer ❑ Agent ❑ Manager(Only) ❑ Other (Complete Questions 1-20 & 24) (Complete All Questions except # 14, 14a & 25) licensee or Alient must complete # 25 for a Manager_ Licensee or Agent must complete # 25 Last e� Date of Birth: `D I H I +t� Middle (This Will Not Becoi& a Part of Public Records) 3 . Social Security Number: ( i (� � 0 1 j UL,2Drivers License #:�2Q� P11 �a U i State: (This Will Not Become a Part ofPi lic Records) �_ 5 4. Place of Birth: �reQ�( ��rl��Zt '�� Height:G Weight:_ Eyes: Hair:_ City State Country (not county) 5. Marital Sta�❑ Single ❑ Married ❑ Divorced ❑ Widowed Residence (Home) Phone: (4EL) _-� 6. Name of Current or Most Recent Spouse-7--t z ] YT1 Date of Birth: (List all for last 5 years - Use additional sheet if necessary) Last P first middle Maiden You are a bona fide resident of what state? If Arizona, date of residency: 4- � 83 3 O Telephone number to contact you during business hours for any questions regarding this document. am) Lol- l _- 8 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: 1. Licensed Premises Address: Premises Phone:-�� I I 1 I At tj) Street Address (Do not use POT�ox #) City County Zip 12 L yotu employment or e of business during the ast five (5) ears, if unemployed part of the time, list those dates. List most recent 1st. Y FROM TO DESCRIBE POSITION OR BUSINESS EMPLOYER'S NAME OR NAME OF BUSINES (Give street address, city, state &:0 Mw .. . .. I - M�Mffjnj§ HE 13 L ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION .I. V U V U'�- 4-- A �,J lrPcc f— the last five (5) years• I () (k t �1 T)5;)gS 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 CURRENT li 05 r) ARIZONA DEPAKTMEIV'1' Ur LIVUUK %—VA tavi. 800 W Washington 5th Floor 400 W Congress #:150 Phoenix AZ 85007-2934 Tucson AZ 85701-1352 6 (602) 542-5141- a , P20) 628-6595 CERTIFICATION OF COMPLETED ALCOHOL TR/i1NING "Wdd" ' i S) OBTAIN ORKANALS OF THIS FORM FROM OLLC-00 NOT PHOTOCOPY, DOCUMENT IS COMPUTER SCANNEA TWR ALCOHOL TRAINING PROGRAM INDIVIDUAL INFORMATI 1 t L- f`d L Shal�r,a LA�nf,r9P � ZOA FEB -3 A in: Indwidiml Name Prn t) . �— In al Signe"a TYPE OF TRAINING COMPLETED BASIC ON SALE tB 1 ra n9 MANAGEMENT BOTH IF TRAINEE IS EMPLOYED BY A LICENSEE: 1 ( NAME OF THE LJCENS BUS"NAME I In IOR LICENSE NUMBER ALCOHOL TRAINING PROGRAM PROVIDER INFORMATION ARIZONA ALCOHOL AWARENESS ASSOCIATION Company or Indwidual Name 4336 NORTH 240'STREET Address PHOENIX ARIZONA 86018 602-410-2111 City State Zip Phone I Certify the above named individual has successfully completed the specified program(s). JERRY CRITES 0,��r ratner ante n 1) b I o6 Trainer Signatt" Trainer aive on Inel or comlarlied form to trainee end maintain corn document for r rewnda. Mandatory Liquor Law Training for all new applf bons su muted attar Now. 1, 1997. A.R.S. Section 4-112(G)(A. Completion of the L.igttor License Training Corxses Is required at the issuance at a icerm. The person(s) required to attend bah the Basic Liquor Law and Management TrakwV, (elither on -sale or off -sale), will WrAide all of the foknvwg owner(s). licenseelagent or martager(s) WHO ARE ACTIVELY INVOLVED IN THE DAY TO DAY OPERATION OF THE BUSINESS. Proof of attendance wWm the lest We years for the required courses must be subntitted to the Department before the license application is considered complete. Before acceptance of a Managers Ouessom wre andfor Agent Charge for an misting license, proof of attendance for the Banc Liquor Law and Management Training (either tat -agile or off -sale) witi be required. Uc tear otnttw Disabled indhnduels req xnrg special eccorrrnoda0ors please call (602) 542-9MI 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 6 (520) 628-6595 AFFIDAVIT OF POSTING Date of Posting: 2 - 6 - 0 4 Date of Posting Removal: 2 - 2 5 - 0 4 Applicant Name: Worden Shawna L teP Last First Middle Business Address: 11807 N Saguaro Blvd, Fountain Hills 85268 Street City Zap License #• 0 6 0 7 (4 5 2 I hereby certify that pursuant to A.R.S. § 4-201,1 posted notice in a conspicuous place on the premises proposed to be licensed by the above applicant and said notice was posted for at least twenty(20) days. Bevelyn J. Bender Town Clerk 480-837-2003 Print Name of City/County Official Title Telephone # 3-4-04 Date Signed Return this affidavit with your recommendation (i.e., Minutes of Meeting, Verbatim, etc.) or any other related documents. If you have any questions please call (602) 542-5141 and ask for the Licensing Division. Individuals requiring special accommodations please call (602) 542-9051 Uc0119 03/1999 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 J (520) 628-6595 LOCALGOVERNING BODY RECOMMENDATION CkWTOWN OF Fountain 14i11s STATE APPLICATION NO. 06070452 COUNTY OF Maricopa , ARIZONA. UTY/TOWN/COUNTY NO. 118 ORDER NO At a Regular meeting of the Town council of the G*/Town/Gmift (Regular or dal) (Governing Body) Of Fr)ilnta i n Hi 1 1 held on the 4th day of March .2004 the (Day of Month) (Month) (Year) Application of Shawna Lee Worden for a license to sell spirituous liquors at the premises described in Application No. 06070452 , License Class # 6 was considered as provided by Title 4, A.R.S. as amended. IT IS THEREFORE ORDERED that the APPLICATION of Shawna Lee Worden is hereby recommended for approval (approval6djsjtp{ 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. I/ Vi-,Lx (N-W/TOWN/Gt k-W CLERK DATED AT Fountain Hills This 4th day Of March 2004 (Day of month) (Month) (Year) ' Disabled Individuals requiring special accommodations please call the Department Rc 1007 0a11997 Town of Fountain Hills Town Council Agenda Action Form Meeting T,;ype Regular Meeting Meeting Date: March 4, 2004 Sutbmiitti►g i)epariment Parks and Recreation Contact Person: Mark C. Mayer Consent.,® Regular: Requesting Action:® Report Oniv:R Tyge of Document Needing Approval (Check all that MI)ly) ❑ Public Hearing ❑ Resolution ❑ Ordinance ❑ Agreement ❑ Emergency Clause ❑ Special Event Permit ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Acceptance ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Plat ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Appropriate Areas ❑ Education ❑ Public Fitness ❑ Library Services ❑ Public Safety ® Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks & Recreation ❑ Town Elections ❑ Community Development Regular Agenda Wording: Consider the request of the Public Art Committee of the Arts Council to accept four pieces of art to be placed either at the entrance to the Community Center and in the adjacent courtyard. Staff Recommendation Approve IF,iscal impact: Yes $348.30 Purtwse"of;item and Background inormatan: Under the recently approved Public Art Master Plan, forty pieces of art for display in public areas where to be aquired over the next ten years. The aquisition and placement of these art pieces currently under considerations are a continuation of this plan. The pieces are titled, Chauncey, Blossom, Damned Wind, and Large Arrow, and have an annual cost to insure of $34.50, $81.70, $167.70, and $64.50, respectively. There will be a small additional cost to the Town to prepare each site and place each of the pieces. The acceptance of the pieces and their placement have been reviewed by the Community Center and staff, and are recommended for acceptance and placement as requested by the Public Art Committee of the Arts Council. Lastly, staff would ask for Council's support in not having future pieces delivered or placed in public view until the Council had an opportunity to review each request. This will help insure that staff has sufficient time to procure and have in place the necessary insurance on each piece. List All AttaCiments as'allas Site map of the proposed locations and a photograph of each piece Tvpe(sof-Paresentation None Sib atu ,of Suli ittin� Staff-; Department Hea Town 16anager Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Regular Meeting Parks and Recreation Department Consent•,;® Regular:,❑ e of Document Needing Approval (Check all that aopl March 4, 2004 ❑ 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 Atinrovriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Mark C. Mayer ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular A26da�Word ng: Consider the request of the High School Art program, through the Arts Council, to paint a mural on the wall of the pumphouse at Fountain Park. Staff Recommendation. Approve No 1Purn64eo Itedt'and!kk%ro0nd Inforn W6ii The High School Art program has requested through the Arts Council the permission to paint a mural on the wall of the pumphouse at Fountain Park. The work would be completed by students under the supervision of their teacher. List AltAttachmcnts as:FQows: A copy of the mural, which is approximately twleve feet long, will be on display in the Chambers the night of the Council meeting. The mural would be the full height of the wall and run from the lake on the playground side around to the entrance to the pumphouse along the street. The Parks and Recreation Commission has reviewed the request and voted at their February 9, 2004 meeting to recommend approval of the request to the Council. None \N� C. Department He/ad Town NVianager Budget Review (if item not budgeted or exceeds budget amount) Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Community Center Consent:® Regular:❑ Meeting Date: 3-4-04 Contact Person: Samantha Coffman / Mark Mayer Requesting Action:❑ Tvoe 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 Aopropriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: Consideration of approving an extension of premise at the Community Center. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: Currently, the ability to serve liquor is limited to inside the Community Center building and patio area. We have recently extended the rental area to include the center courtyard and would now like to include the liquor license in this area as well. List All Attachments as Follows: Application, Current Liquor License, and Plan View of the Community Center Plaza as highlighted. Type(s) of Presentation: None Signatures of Submitting Staff: Budget Review (if item not budgeted or exceeds budget amount) ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5TH Floor ,.. FOR OFFICE USE ONLY Phoenix AZ 85007-2934 (602) 542-5141 400 W Congress #150 Tucson AZ 85701-1352 w Approved ❑ Yes ❑ No Date (520) 628-6595 Approved by: APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR ® Permanent change of area of service — Give specific purpose of change: To include Community Center Courtyard area ❑ Temporary change for date(s) of- 1. Licensee's Name: Mayer, '_Mark Curtis Last First Fountain Hills Community Center 13001 N. La Montana Middle Drive, Fountain Hills, 2. Mailing Address: 5268 Town of Fountain Hills City State Zip Fountain Hills Community Center 05073010 3. Business Name: LICENSE #: 13001 N. La Montana Drive, Fountain Hills, Maricopa, AZ 85268 4. Business Address: 480 816-5190 City COUNTY 480 �"-8200 Zip 5. Business Phone: ( Residence Phone: ( ) 6. Do you understand Arizona Liquor Laws and Regulations?® YES ❑ NO 7. Have you received approved Liquor Law Training? ❑ NO ® YES When? i%w 8. What security precautions will be taken to prevent liquor violations in the extended area? MCSO officers are on duty for all liquor events. Liquor managers and 9. Does this extension bring your premises within 300 feet of a church or school? ❑ YES ® NO 10. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. 1, After completing sections 1-9, take this application to your local Board of Supervisors, City Council or Designate recommendation. This recommendation is not binding on the Department of Liquor. This hange in premise OMMENDED by the local Board of Sup�rv_isorsCity Council o/ Designate: litho ed Signature) (((Title) ! (Agency) Mark Curtis Mayer , nereoy aeciare mat 1 am me AYrL1l A-N 1 nnng tuts application. (Print full name) I have read the application and the contents and all statements are true,correct and complete. State of '1 t I i, r; County of i 1) i 1 1! r� 6c X The foregoing instrument was acknowledged before me this (Signature of Owner or Agent) r 4 Day Month Year My commission expires on: (Signature of NOTARY PUBLIC) AZ Investigation Recommendation Date: LIC 0105 MOW Disabled individuals requiring special accommodation, please (602) 542-9027. ELLS IA. SEAL NOURYPLLE M. CARLSON MOIANY VUBI IC - STA1 E OF AR¢OIN �y"^ MARICOPA COUNTY My Comm. Expires Mav 19, 200r Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:® Regular:❑ Meeting Date: 3/4/04 Contact Person: Tim 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: Community Activities Council Prioritv (Check At)uropriate 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 RESOLUTION 2004-17 declaring Dierdorf, Germany, as a sister city. Staff Recommendation: Fiscal Impact: No $ Purpose of Item and Background Information: The local Sister Cities Organization has asked for the •W Council's endorsement of a second Sister City in Germany. Attached you will find pertinent information provided by the Sister Cities members. List All Attachments as Follows: Resolution 2004-17, Memorandum and attachments Type(s) of Presentation: none Signatures of Submitting Staff: Department Head Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) c:\documents and settings\bbender.puttland\local settings\temporary internet files\olk7a\agenda cover sheet sister city.doc M Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Meeting Date: 3/4/04 Contact Person: Tim Pickering Consent:® Regular:❑ Requesting Action:® TVDe of Document Needing Annroval (Check all that anal ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ® Other: Community Activities Council Prioritv (Check ADnronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ® Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: CONSIDERATION of RESOLUTION 2004-17 declaring Dierdorf, Germany, as a sister city. Staff Recommendation: Fiscal Impact: No $ Purpose of Item and Background Information: The local Sister Cities Organization has asked for the Council's endorsement of a second Sister City in Germany. Attached you will find pertinent information provided by the Sister Cities members. List All Attachments as Follows: Resolution 2004-17, Memorandum and attachments Type(s) of Presentation: none Signatures of Submitting Staff: Department Head .� Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) c:\documents and settings\bbender.puttland\local settings\temporary internet files\olk7a\agenda cover sheet sister city.doc RESOLUTION NO. 2004-17 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING DIERDORF, GERMANY, AS A SISTER CITY. WHEREAS, the Sister City Organization has requested that the Mayor and Council of the Town of Fountain Hills (the "Town Council") establish a Sister City relationship with Dierdorf, Germany; and WHEREAS, since 1998, a growing number of ties have developed with the Town of Dierdorf, Germany, with exchanges of unofficial delegations and contacts among schools; and WHEREAS, through a sister city relationship with Dierdorf, Town citizens can become involved in educational and cultural exchanges, training programs, professional and teacher alliances, and other programs, allowing the Town's citizens to experience and learn from another culture; and WHEREAS, the Council desires to advance economic and cultural exchanges between the two communities and encourage official visits each year between the civic, religious and business representatives from each community. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: *%. SECTION 1. That the Town of Fountain Hills, Arizona, hereby officially acknowledges its affiliation with Dierdorf, Germany, as a Sister City, joining together to enhance mutual understanding and to share cultural heritages. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 4, 4. FOR THE70 OF FOUNTAIN HILLS: ATTESTED TO: . J. REVIEWED BY: G G 9196.00A ..A2004-1'7 Dierdorfms.doc 2-26-04-1 Bevelyn J. "end r, Town Clerk APPROVED A TO FORM: t Town Ma4dger Andrew J. McGuire, Town Attorney `%w TOWN OF FOUNTAIN HILLS OFFICE OF TOWN MANAGER INTER OFFICE MEMO TO: Honorable Mayor Nichols and DT: February 24, 2004 Town Councilmembers FR: Tim Pickering, Town Manager RE: Request for Council Endorsement Susan Stein, Executive Assistant of second Sister City — Dierdorf, Germany Fountain Hills' relationship with Kasterlee, Belgium, our first sister city, was formed to promote further friendship and goodwill between both cities, deepen the exchange of students, support friendships and affiliations, promote tourism and cultural exchanges, advance economic exchanges, and encourage visits between representatives from each community. Our rapport with Dierdorf has evolved over the past six years. Fountain Hills high school language students have visited Dierdorf, Germany, and students from Dierdorf have visited us on several occasions. Some Fountain Hills residents have also visited Dierdorf recently and found it to be a community similar to ours in many ways, making it a "natural" candidate to become our sister city. Listed below are some highlights and similarities of Dierdorf, Germany: • Dierdorf has a population of 5,000; however it is the largest in a group of small towns that exist together to form one regional government entity. The size of the group of small towns is about 20,000. The Mayor and Council's office is located in Dierdorf. • It is approximately 102 miles northwest of Frankfurt. Some citizens in Dierdorf travel to work in Frankfurt. • Mayor Rosemarie Schneider has been Mayor for 10 to12 years. She also works full time as a teacher in the Nelson Mandela public high school. • Dierdorf is famous for its vineyards, chocolates, and ceramics. It boasts having the Ceramic Museum of Germany located thee. Citizens are also very interested in the arts and sports. • The famous Rhine Valley, recently chosen as a Works Heritage Site by UNESCO, is in close proximity of Dierdorf. • In the center of Dierdorf is a lake with a fountain, quite a bit smaller than ours!. Mayor Rosemarie Schneider and a group of Dierdorf Council members and residents are planning a trip to Fountain Hills in April 2004. With the Council's approval, the Sister City Organization would like to hold a welcome reception for appropriate people with Mayor Schneider and Dierdorf officials while they are visiting our Town. Staff is recommending approval. Stein/E:/SStein/interofficememoresistercity.doc/22404 February 6, 2004 Mayor Nichols Town Council Members Town of Fountain Hills 16836 E. Palisades Blvd. Fountain Hills AZ 85268 Dear Mayor Nichols and Council Members: The purpose of this letter is to ask for your endorsement of a second Sister City in Germany. For the past 6 years, Jennifer Horne, one of our German language instructors, has been guiding 10-12 of our high school students to a small town in central Germany. Dierdorf is 120 miles north of Frankfurt and a four hour drive from Kasterlee, Belgium our Sister City. Students from Dierdorf have also visited us on several occasions. So you can see that the rapport has already begun. In 2002, Fountain Hills residents, Mr and Mrs Reese Stigler, visited Dierdorf while visiting in Europe. They found that there are many similarities between Fountain Hills and Dierdorf — size — small businesses — education system and the arts. Others have visited Dierdorf, myself included, and found Dierdorf to be a natural, in our collective opinion, for our second Sister City or "Twinning" as a Sister City is referred to in Europe. Mayor Schneider and a group of Town Council members and residents are currently planning a trip to Fountain Hills in April of this year. With your endorsement we would like to begin the process of making this "Twinning" a reality. Also, there are quite a few Fountain Hills citizens that are already planning how to show our friends from Diedorf a real Fountain Hills welcome. Sincer Sharon Morgan Sister City Organization Chairman O��piN 9� 4e fsT roe4 9��rbat is A��°c May 22, 2002 Mayor Rosemarie Schneider Schlimmhohl 6 Dierdorf, Germany Your Honor, Mayor Schneider: Town of FOUNTAIN HILLS Office of the Mayor Sharon Morgan As Mayor of Fountain Hills, Arizona, I recently hosted a statewide Sister Cities Conference. From this two-day meeting evolved a new committee dedicated to searching out a German town that would "twin" with Fountain Hills. To our surprise and delight, much of the groundwork was already accomplished by Jennifer Horne, a German language instructor at the middle school. For the past five years, Mrs. Horne has arranged many student exchanges with her students and those in Dierdorf. Her enthusiasm and admiration for the people of Dierdorf was so apparent that the committee decided to search no further and take the next step by corresponding with you immediately and asking you to give this recommendation some thought. Resident Christine Colley, who was born in Mainz, founded the Southwest German Society five years ago. Mrs. Colley is a Direc-tor of Dial corporation. She is founder of the German American Club of Fountain Hills and is an active member of numerous charitable organizations. With her husband Jack, they are leaders in many of our town activities. Jack is a member of Rotary International as his friend Reece Stigler, founder of Four Peaks Rotary. Both gentlemen are active members of the Sister Cities committee seeking a town in Germany. Suzanne Stigler is co-chairman of the Sisters Cities Committee. The Stiglers have developed Geirman-American cultural exchanges for the past ten years. In addition, the Stiglers have been traveling throughout Germany for the past 24 years. Mrs. Stigler is Secretary of the International Women's Club of Phoenix. She is proud of her father's German heritage. Her relatives came fro Mainz and Berchtesgaden. 16836 East Palisades Boulevard, Building C - P.O. Box 17958 - Fountain Hills, Arizona 85269 - (602) 837-2003 - FAX: (602) 837-3145 oO��pIN ytt � � N o y c } Z 30 0 t is A�tat� Town of FOUNTAIN HILLS Office of the Mayor Sharon Morgan As an active member of Sister Cities Committee, may I extend my warm greeting to you. It is our desire that you and your city council investigate the possibility of being a Sister City to Fountain Hills. We have committee members who represent business, banking, education, and the arts. Our similarities are numerous, to mention a few: • Close proximity to a metropolitan city. • Population is similar. • Significant historical heritage. • We are concerned about our citizens' health. Our town has activities such as golf, tennis, baseball, hiking, cycling, running, fishing, and soccer clubs. • Our Parks and Recreation Department provides numerous other activities. • School sponsor meets, competitions, and statewide contests. • Organized educational and recreational trips originating with the new Community Center that serves all residents. • Fine Arts Council provides in -home music concerts and annual concerts for the public at our famous fountain. • Town Council sponsors many fairs, parades and Oktoberfest. The Sister Cities Committee and I are awaiting your reply in hopes that we can move to a warm and growing relationship with Dierdorf. Mr. and Mrs. Stigler will be vacationing in your area the 27`' of August for a few days. Mrs. Horne has a fellow teacher who has offered to meet the Stiglers and introduce them to you if you are available. I will look forward to hearing from you. Respectfully yours, Mayor Sharon Morgan Town of Fountain Hills 18%O7%01 11:32 FAX 02689958110 START DIER ORF I $TADTVERWALTUNG Der Btlrgermeister — I 1 z I Mayor Sharon Morg 16836 Fast Palisades Poulevard Building C P.O. Box 17458 Fountain Hilts, Arizo�a 85269 U.S A. Your Honor, Mayor Morgan: Z01 DIERDORF July 18.2002 Thank you very much for your warm letter. We are delighted and feel greatly hnnotte that you would even consider our small town an adequate "twin" to Fountain Hills. Dierdorf is a rural community that dates back to 1204. Some of its old buildings and part of the city wall are still standing today. One of our advantages is that we are only a fed - kilometers away frothe autobahn, which connects us with several metropolitan cities such as Koblenz, Bonn, logne and Frankfurt The famous Rhine Valley: recently chosen as a World Heritage Site UNESCO, is in the vicinity as well. We already have twolsister cities: one in France and the other in Poland. lhir residents enjoy both hosting our foreign friends and retuming the visits. The city council withlwhich I just met, reacted with enthusiasm to your proposal and strongly recornrunded that y u and I explore the possibilities of bringing the residents of our towns together to help pro ote understanding and tolerance. As you and I both know, it is through personal contacts tha these aims are most easily achieved The citizens of the united States and Germany haves much in common; we both share the shane basic values and interests. In times like these, strengthening our bonds is essential. Of course, the distance (in Uorne:ers) between our towns is jconsiderable. I hope we will be able to fulfill your expectations. I would be very p: ed to welcom- Mr. and Mrs, Stigler to Dierdorf. -Mrs. Horen,s fellow teacher you, mention in your letter is Alexandrine Reuter. She met you an her first trip Fountain Hills with eichange students is 1993. Mrs. Reuter was born in �, F still an American citi; en, although she has S rancisca and is imagine. she is v spent most of her life in Gerrr;any. As you ca-1 �' uch interested in good German -American relatioro; and, especially. in this project. She +vou d like to extend an invl[ation to the St'glers to SUY with her husband wh" the, visit Germany. Perhaps they could conmct her at WuA Ze tereaol`c� rto make the arranprnent . — It is also my personals hope that together we cut establish a w between Foumm,,, and Dierdorf. I am looking forty arm and growing relationship interested in your tha g � to hearing from rou regain and an hts as to how w e should proceed. I I Respectfully yours, I +I I ,ayor Rosemarie Schneider Dierdorf, Germany Juno e-mail printed Thu, 25 Jul2QD2 09:07:50 , page 1 From: Reece Stigler <Relgits@juno.com> Mayor Rosemaire Schneider Schlimmhohl 6 Dierdorf Gemany 56569 Your Honor Mayor -Schneider. I am pleased that you can see my husband Reece and I during our tour of your fine city Dierdorf for Fountain Hills Sister Cities Committee. As you are aware, our host family in Dierdorf will be Alexandrine Reuter and her husband. Jennifer Horne speaks so highly of you Mayor and the Reuters. She is an excellent Public Relations person for Dierdorf. When she presented Dierdorf as a possible "twinning" city to Fountain Hills, the committee members agreed Dierdorf seemed ideal and hopefully a fine match for the both of us. We will arrive late August 27. Would it be possible that we meet with you Wednesda , August 28 at your convenience? We must be in Nurtingen late Thursday a emoon the 29th. A dear friend of many years has terminal cancer and she has requested that date before we drive on to vacation reservations August 31. Mayor Sharon Morgan gave us a copy of your letter to her. Our committee is anxious to investigate the tremendous possiblities between our fine cities. I will be taking a video and bring back all the brochures concerning Dierdorf and the surrounding area for our city council to review. Of course in our 24 years of travel throughout Germany we have found the Rhine Valley to be an enchanting place to travel. I can imaoine Dierdorf. My hushanr1 and I artm tn0v 1� � • Z � 2 r: s • g�j � � ..� � - 5 a � P • � Z m • �` = i' � F • • C � � SC � C7 � Y 3 f� _1 xu •v/ 1 L�j N C 2 25Y Y OC Y • a �i, ii F � �.'J .� � li'A too m a r- •• gg _ t LL � CY S Y "741 1a t qQ 9 � . t All ♦ z • qt� • ham„ L z f � • • � rlJ Y� f Q - Kum- Juno e-mail for RELGITS'Aiuno.com printed on Tuesday. February 03, 2004. 10:07 AM 1 " lr Wally Nichols�1 Fountain Hills Town Council ttt Dear Mayor Nichols and Town Council Members: February 3, 2004 For the past 6 years, a German language instructor, Jennifer Horne has been guiding 10-12 of her high school students to a small town in central Germany. Dierdorf is 120 miles north of the Frankfurt airport and a four hour drive from Kasterlee, Beligum, our Fountain Hills Sister City. My husband and I along with Christine Colley got together 5 residents representing businesses and education in Fountain Hills, all of whom were interested in a 2nd Sister City in Germany. The fall of 2002, the Stigler's visited 3 German cities that were in the proximity to Kasterlee. Later our committee met and agreed that Dierdorf had similities to Fountain Hills in size, small businesses, education and the arts. Many of it's residents hive to Frankfurt for their employment as do Fountain Hills residents hive to Scottsdale and Phoenix. klso in May 2003, Sharon Morgan, Alan Cruickshank, Phyllis Horan and 3ary Corcoran visited Kasterlee and included a 3-4 hour drive south to )ierdorf. Mavor Rosemarie Schneider personally gave them a tour of the ;ity as we had received the prior year. Their impressions were the same as ours: k Good Possibilty of "Twinning". In addition, Christine Colley and her iuband Jack visited Dierdorf during their vacation in Mainz. Dierdorf is oc ed an hour from the Rhine River and situated in an excellent tourist area njWg historical sights and cities of renowned as Cologne and Mainz. "his morning Mayoress Schneider faxed me that 5 town council members nd 5 residents, some of whom are businessmen and planning to accompany er here for a visit between April 1 and 17. They are interested in "twinning". be Sister City Committee for a German exchange is prepared for such a visit. Ve will house them as they would do the same for us. I want to point out that lierdorf has two Sister Cities, one in France and another in former East Germany. Both cities are active in bi-monthly student, cultural, sport and business xchanges. savor Schneider and I agreed that with annual travel to and from our countries, )ntinuing friendships have developed not only with the students but their irents. This makes a successful Sister City exchange. Je will encourage our visitors to meet as many people here in education, isiness and the arts. And we want them to get a taste of desert life in and •ound our fantastic town. he purpose of this letter is to not only inform you of their visit but ask it your encouragement for a successful new Sister City exchange in Germany. le will plan activities such as a reception and buffet for our guests to meet our layor, town council and various interested Fountain Hills residents. ordially, u e E. Stigler, > Wan of the Sister City exchange for Germany c+u Y C 7 a) O a) L C N� N N N �c Y in ca Y~ 0 U Q •` O Qj v Y: 'L U .. �Ucyi �a a) ��a)�, N� UI ON@paw �O n012— U'' �L nc:5)-'E CUiC a E 5 C L a Ln E ra a L— X O L a n� C C fC In a) U a) `J .L N vi .� Q= ro 0 �Ca).�Iv �i 0Q)i+f°�LCNcCQi�vi� Q! �JU�a)N��7 _ °)a�c�m o~'c¢cwvcY�� c aLp C��Oa�Nc~cc3 �� ate' n. ��'-a�MCTo>� c cCca)a) -IM a��YccY c OOa��C: a) C: c O °�a'oOCT -a, o a) 0) v u o @ �n �bLa o a) a) c O'tea `n °) � caa a) Q) 0) ME c 7�a•@S U.� o-�c uL In � Y V c u u2 -0 E� c a` .a a Y I J 0 Co Q) `6 0 a) C C O u_ L O .+ m +_' f° c 3 a) m +- ?i > � In IV IV L O � V Ia Y cn � — 0• a L u caX M- 70 a'O Z Ln >>"M M a) a)Q j -a �� O c_m O v 0' O._ M Muaa C�.�B aio.Co`I NUuMM07 CCD �M vw L OOwL�In'— N a) a M C a) C U In a)°�a)ca)`Ioa)0) �O0:3Ca)0�Ocl O.Ofl.�OClnt'In L=CE43-fl.-'00'0 'OECcv]Oxt'v,u = O .Q) p a a) eo c 1 'C' CD u�Ea=a°M L Q) — Q) a) In =3 O - Cr N M uaa 5 0 c E O N� io OL p c m C @ c��-aQ�'a)a)In CD cccc��oM�cav'c O� a)�"�•`N oa) LL ]L3'-_ M U Ua 0)> 'Ind 0 D C.— ±- 0 N In O •— .Q O a) a C+_'i.+O1Laa0 In C x @ CLL E (D E 1— Q) +.. O-wm-ou-CWE L E Io Ca w M.OWQ) V7 "0 Y' Ln.— c U Q) N M Iocc-'-u Ec�� Oa NO @ E U O CwmmpaO yC N� �Oflomu U70I�J>'a a)av p 7.0-OL+ L 7Ln "-E w.In a 0 O OI_O --3 SE-a)`"�f°a) Inlvu<vlvw a)E �u0-0 -o� OE°'f°caNc°)L o)Io�3LEa)pp NL Q a+' oU 4.1 u�E�NL wa)�c 0M �itOna)uuw3:,50 L NLC—LCLa)a) C a)NaL a) u U v c C -O� N In In C a) a) c : QJ a L�CInC'y YEw n c a 6�a`nYOO+ _0 cn C) a)0 c O Y L a) M U > INC L 3 InL M Oa � (O w 07 a) M ` Y 0 a -0 OEa�C C Via) In c3 ��=5 "-.2E (CZ Q Ln U Y Y a) C n Ca IO C O 3: .vn 000�CLU O E� YY U 01 (U omO��cO �LY >v=�a a)YY Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Meeting Date: 3/4/04 Submitting Department: Public Works. Contact Person: Dana Burkhardt, Senior Planner Consent:❑ Regular:® Requesting Action:® 4*0' " 0EEl Tvne of Document Needing ADDroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Abnronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Final Plat for "Sierra Madre Estates, Phase - 1", a 9 lot, one -tract, 11.104 acre single-family residential subdivision, Case #S2001-16 Staff Recommendation: Approve Fiscal Impact: No 111 Purpose of Item and Background Information: On August 15, 2002, the Town Council approved the preliminary plat and on August 12, 2003 the Town Council approved a one year extension. This final plat meets the minium requirements of the Town Code and the Zoning and Subdivision Ordinances. TheNorth Heights property owners association has withdrawn any objection to this project. Some individual property owners may continue to object to this request based on their traffic safety concerns. The sanitary sewer line is located entirely on private property in accordance with the Sanitary District and Town utility requirements. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Tvpe(s) of Presentation: N/A Signatures of Submitting Staff: D partment Head Tow6 Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: February 25, 2004 FR: Dana Burkhardt, Senior Planner RE: S2001-16; Final Plat of "Sierra Madre Estates - Phase I", a 9 lot, one -tract subdivision. LOCATION: Located on the north side of Sierra Madre Drive, south and west of Ashbrook wash, east of Final Plat 511, Lot 5. REQUEST: Consideration of the final plat for "Sierra Madre Estates -Phase I", a nine -lot, one -tract, single-family subdivision. DESCRIPTION: OWNER: Rytan Management, LLC APPLICANT: Bozidar Rajkovski EXISTING ZONING: " R1-43" Single Family Residential PARCEL SIZE: 11.10 acres SURROUNDING LAND USES AND ZONING: NORTH: Town owned Ashbrook wash and Aspen Dam #6 Parcel; zoned "R1-43" SOUTH: Sunridge Canyon Parcel "E", single-family homes; zoned "R1-10A" EAST: Ashbrook Wash; zoned "R1-43" WEST: Final Plat 511, Lot 5 (undeveloped); zoned "R1-35" SUMMARY: This request by Rytan Management, LLC, is for approval of the final plat for "Sierra Madre Estates - Phase I", a nine -lot, one -tract single-family subdivision and right-of-way dedication. This subdivision is proposed for a vacant parcel of land located along the north side of Sierra Madre Drive, between Ashbrook Wash, and Lot 5 of Final Plat 511. On August 15, 2002, the Town Council approved the preliminary plat and a hillside protection transfer of approximately 34,581 square feet on a portion of Lot 5, Final Plat 511, located adjacent to a portion of the west property boundary of the property. On August 12, 2003, the Town Council approved a one-year extension for the preliminary plat approval. Access to this site from Sierra Madre Drive has been restricted to three locations. Lots 1 & 2 are proposed to share a common driveway and Lots 3 & 4 are also proposed to share a common driveway. Lots 5 through 9 propose access from "Princess Court", which would be a publicly dedicated hillside local road cul-de-sac right of way. The proposed average lot size is 48,778.89 square feet, with a minimum lot size of 43,561 square feet and a maximum lot size of 69,162 square feet. The following table provides the lot size, the total HPE, and the total disturbable area of each lot: Lot # Total Lot Area-- H.P.E. ......................................... sq. f 1. _ .................... 1 _acres -- 47,897 1,100 21,821 ._., ................. ....... �.. .. 46,6401.071.., .. 32,104 -. 3 43,561 1.... 4 .. _. 43,639 1.002 ......... 20 i o5 .... ....................... 5 - __ ....... 46640 1.071. ............... . 28,548 1.076 I 29 13 t - -b 7 „46,883 .._ 44 930 1.0311---20 544 - - - - - - -------------- -.. 8 .. r- 49,658 1.140 21,371 Princess Court s 38A85 OS83 0 Tract B -- 6,190 0.7 42 0 TOTAL 48j685 11.1041 216,734 Exempts sq. ft. ••---• 2,066 � �---14'� .. 0 17,731 0 23,534 0 19,092 ................... � 017,752 0 1 24M7 0 28,287 .._.. - ,------------------- 4,655 47,426 38,485 ;1 0 - - - - .1 51,396 j .................. 215,555: The preliminary plat includes the dedication of approximately 251,315 square feet of Hillside Protection Easement to the Town of Fountain Hills. The property owners are also dedicating to `. the Town: i) a Dam Access Easement over a portion of Lot 1; ii) Tract `B" for access and maintenance of the existing Aspen Dam property, and; iii) the proposed right-of-way identified as Princess Court. Water service for Lots 1 through 4 is proposed from the existing water main in the Sierra Madre right-of-way. Water service for Lots 5 through 9 is proposed through a main line extension from the Sierra Madre main line, through the Princess Court right-of-way, to the end of the proposed cul- de-sac street. The sewer service for lots 1 through 4 is proposed to gravity flow and tie into the existing sewer line in the Sierra Madre right-of-way. Sewer service for Lots 5 through 9 is proposed through a new eight inch sewer line located in the northern portion of the Princess Court right-of-way, which would tie into the existing eight inch sewer line located in the wash east of the property, south of Sierra Madre Drive. The proposed sewer alignment is located within Town right-of-way and on private property, and is not proposed within a Town owned wash. A sewer easement from the Sunridge Canyon property owners association has been granted over a portion of Tract `B" of Parcel `B" at Sunridge Canyon to allow the sewer connection. EVALUATION: Conformance with the Town Code, Subdivision Ordinance and the Zoning Ordinance: Staff has found this preliminary plat request in conformance with the Subdivision and Zoning Ordinances. Hillside Protection The applicant has received Town Council approval to utilize the Hillside Transfer and Protection Option in accordance to Article 504(G)(2) of the Subdivision Ordinance. Approval of this final plat as requested will transfer a contiguous 34,581 square foot area of hillside to a portion of Final Plat 511, Lot 5 from this property to maintain conformance to the required hillside preservation area of this subdivision. Basically, in addition to the on -site Hillside Protection Easements shown on the preliminary plat, the applicant is required to provide 145 square feet of area for slopes greater than 30%, and 5,554 square feet of area of slopes between 10 to 20% to conform to the Hillside Protection requirements. The designated transfer parcel previously approved by Council exceeds the required preservation area and meets the requirements of the Subdivision Ordinance. The transfer parcel is located on the southern most portion of Lot 5, Final Plat 511, on the north side of Sierra Madre Drive, between Lot 10A, Block 2, Final Plat 506-C and the proposed Lot 1, as shown on Sheet 3 "H.P.E. Transfer Exhibit" attached to the Final Plat map. Roadway and Access Analysis The Princess Court cul-de-sac roadway is approximately 939.29 feet in length and serves five lots. The common driveway intersection at Sierra Madre Drive for lots 3 & 4, and the Princess Court cul-de-sac street intersection require grading of the existing slopes along Sierra Madre Drive for adequate vehicular sightlines. The proposed grading and sightline analysis, which provides adequate and safe vehicular sightlines, is shown on Sheet 7 "Sightline Plan and Profiles" attached to the Final Plat map. Landscaping, re -vegetation, and perpetual service and maintenance are required of the developer and all future property owners over all areas graded through the subdivision improvements or by separate grading permits. Neip,hborhood Opposition At the time of Preliminary Plat approval the North Heights Homeowners Association publicly protested this proposed subdivision. Since that time, the North Heights Homeowners Association rescinded any objection to the preliminary plat for this project, in a letter dated December 18, 2003 to the town. Other individual property owners may object to this subdivision for the reasons identified at the time of preliminary plat. RECOMMENDATION: Staff recommends approval of the Final Plat of "Sierra Madre Estates - Phase I", Case #S2001- 16, with the following stipulations: 1) a. The Town's approval is conditioned on the Town receiving from the Department (ADWR): (i) written notice that the Department has approved a modification of CCWC's Designation that demonstrates a water supply to meet CCWC's current and committed demands including the Subdivision; or (ii) written notice that the Department has demonstrated that the Deficit Volume has been otherwise eliminated and CCWC has a sufficient supply to meet the water demands of the Subdivision. `. b. The Town's approval is also conditioned on the developer of the Subdivision not submitting a request to the State Real Estate Commissioner for a public report for the Subdivision under A.R.S. §§ 32-2181 through 32-2183 prior to the Department's issuance of the written notice as described in (a)(i) or (a)(ii) above. 2) Prior to recordation, submit the required Hillside Protection Grant of Easement over that portion of Plat 511, Lot 5, as approved with the Preliminary Plat. 3) Provide a note on the final plat, as well as a recorded copy of the deed restrictions and the property owner's association by-laws, that would require each property owner to maintain their right-of-way frontage landscaping and vehicular sightlines in a manner that provides safe vehicular sight visibility as required by the Town Engineer. 4) Common driveways and the dam access roads will be graded and rough -surfaced with the subdivision improvements. 5) Submit the construction assurance bond in a form satisfactory to the Town Engineer, prior to plat recordation. 6) Prior to grading permit issuance, provide the agreed upon $20,000.00 for sidewalk construction elsewhere within the Town in lieu of construction of a sidewalk on the north side of Sierra Madre, along the property frontage. 14ftw 7) Final vehicular site line grading shall be reviewed in the field and is subject to minor modifications as needed for site line visibility. 8) Provide a sanitary sewer easement acceptable in form by the Sanitary District for the sewer line proposed through Parcel `B" at Sunridge Canyon, Tract `B" and add notation with MCR # on the improvement plans. 9) Revise landscape plans to include all areas proposed to be disturbed during subdivision improvements. LO lam;' ull Aik n �r�'` &. � •&R."'x � w�."".":� M � % �` . b q 7rQ*�:.,�^#��' �r�� y �M1�rti ��t',d"`� YI ""•,, fr• �,,,,"' • it . :r Q .r ,r rrrr i. r- it LU lZ Ile q� Y %`": - •. p" d b. ..ter—x h 1 Q r t . r i .r f '.w'. �,-67 ky ,ay. �'cnuv TOWN OF FOUNTAIN HILLS COMMUNITY DEVELOPMENT DEPARTMENT PRELIMINARY PLAT- APPLICATION iinn�l��l,,, Date Filed Fee Paid e r e w _, 1$2DOO ce ted By April 24, 2001 due-$1000pd 2/13/00 Plat Name/Number SIERRA MADRE ESTATES Parcel Size Number of Lots 1,766,087 sq. ft. 40.544 acres 20( see enclosed letter) Number of Tracts Zoning 0 R1-43/Rl-35H General Plan Land Use Designation Single family residential Density Requested (Dwelling Units Per Acre) .5 acres (1.93 ave. acres per lot) Applicant Day Phone Bozidar Rajkovski 816-1861 Address Jekel , Howard & Sternfel s City ST Zip C/0 16303 E. Palisades Blvd. Fountain Hills AZ 85268 Owner Day Phone Rytan Mangement. LLC 837-7496 Address C/O Jekel , Howard & Sternfel s JFountain City ST Zip Palisades Blvd. Hills AZ 85268 Attachments (Please list) Preliminary Plat, Drainage Report Slope Analysis, & Residences Configuration (as Amended) Signature of Owner I HERBY AUTHORIZE (Please Print) Date Rytan Management LLC gy. Bozidar Rajovski April 24, 2001 TO FILE THIS APPLICATION. 4�i lam Cherway Member Subscribed d sworn efore me this day of — My Commission Expires ;2.2 , ;)po 3 Notary Public ROBERT B.�STERNFELS _ NOTAR,Y a iq !C-A ! (Seal) :v'1AH,',JtJA UOUN ^1y Comm. cxpins Ju!)' 2?. ?00? TFH Case Number Fee Schedule Attached- 5�ao1-1� - jV gggd 0 z Mx z > 0u -1145' N c z IC Z9 r C= C= CN cn LAJ 'LA— CL VJ ii m I dON i!h; PTHURd R;q NK9, 1"R pfii yy Mw: U2 PHI 3 MW bb q;'1111V�91M spa any A s P r� ` � ` \ \ \ k 1 t \ \ \ \ r �i4 \ \\ 4 \ a \ •U J. 'n y � >� � • OA4 PPP QQ � / N N z z 0 N —Q Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:❑ Regular:❑ Meeting Date: 3/4/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Prioritv (Check Annronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® CommunityDevelopment Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Final Plat for "Parcel 5 at Adero Canyon", a 12 lot, two - tract, 18.942 acre single-family residential subdivision, Case #S2002-32. Staff Recommendation: Approve Fiscal Impacts No Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 5 of the Final (Master) Plat of Eagle Ridge North. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submittinp, Staff: D partment He d Town Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: February 25, 2004 FR: Dana Burkhardt, Senior Planner RE: S2002-32; Final Plat "Adero Canyon - Parcel 5", a 12 lot, two -tract subdivision. LOCATION: The area of Fountain Hills known as "Adero Canyon", aka Eagle Ridge North, located west of the Sunridge Canyon development, northwest of the Villas at Copperwynd, and south of the Eagles Nest Subdivision. REQUEST: CONSIDERATION of the Final Plat for 'Parcel 5 at Adero Canyon", a 12 lot, two -tract, 18.942 acre single-family residential subdivision, Case #S2002-32. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-43" EXISTING CONDITION: Undeveloped land PARCEL SIZE: 18.942 acres SURROUNDING LAND USES AND ZONING: NORTH: Adero Canyon Parcel 6; zoned "R1-43" 140. SOUTH: Adero Canyon Parcel 2; zoned "R1-43" EAST: Adero Canyon Parcel 6; zoned "R1-43" WEST: Adero Canyon Parcel 3; zoned "R1-43" SUMMARY: This request is for approval of the Final Plat "Adero Canyon - Parcel 5", a 12 lot, two -tract single-family subdivision. This is a replat of the Eagle Ridge North Final Plat, Parcel 5, in accordance with the approved preliminary plat lot configuration for Eagle Ridge North. This Final Plat proposes access to all 12 lots from a single 1,350 lineal foot cul-de-sac roadway designated as Valencia Drive. The maximum lot area proposed is 83,484.76 square feet, the minimum lot area is 44,917.92 square feet, and the average proposed lot size for this project is 53,029.83 square feet. Each lot owner is required to grant the Town a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. The total Hillside Protection Easement proposed for this parcel is approximately 9.18 acres. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town `, Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 5 of the Final (Master) Plat of Eagle Ridge North. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat as stipulated, the final (master) plat as stipulated, the approved cut and fill waiver, and the Settlement Agreement that was approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres EN 6 66.92 EN 7 17.328 EN 8 53.34 EN 9 48.71 EN 10 54.43 AC 1 23.94 AC 2 60.464 AC 3 58.894 AC 4 39.55 AC 9 25.406 EN 3 22.274 EN 4 26.548 EN 5 42.2 EN 1 51.45 EN 2 58.209 EN 11 38.25 AC 5 18.942 Totals: 706.855 Allowed: Residual: Average dist. for remaining lots: RECOMMENDATION: # of Lots Allocated Disturbance in sq. ft. 40 968,700 13 264,800 19 401,300 26 573,700 32 700,800 9 170,100 24 574,700 24 579,700 22 531,800 8 150,800 14 301,700 14 306,000 21 518,900 21 535,400 26 580,400 18 387,100 12 236,200 343 7,782,100 415 9,420,500 72 1,638,400 22,755.55556 Staff recommends approval of S2002-32; Final Plat "Adero Canyon — Parcel 5", with the following stipulations: 1) a. The Town's approval is conditioned on the Town receiving from the Department (ADWR): (i) written notice that the Department has approved a modification of CCWC's Designation that demonstrates a water supply to meet CCWC's current and committed demands including the Subdivision; or (ii) written notice that the Department has demonstrated that the Deficit Volume has been otherwise eliminated and CCWC has a sufficient supply to meet the water demands of the Subdivision. b. The Town's approval is also conditioned on the developer of the Subdivision not submitting a request to the State Real Estate Commissioner for a public report for the Subdivision under A.R.S. §§ 32-2181 through 32-2183 prior to the Department's issuance of the written notice as described in (a)(i) or (a)(ii) above. 2) Prior to construction, provide approved water service plans. 3) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to construction, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans (unless otherwise specified in these stipulations) must be approved by the Town. 4) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 5) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 6) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 7) Adequate construction assurance shall also have been posted for the full length of the Eagle Ridge Drive sewer outfall and all needed water infrastructure for the plat. 8) Add easements where needed along the subdivision streets and adjacent to Eagle Ridge Drive, including utilities, retaining wall easements (roadway slope easements), meandering sidewalk easements, and sight distance easements. Provide a separate Grant of Easement for any easements not shown on the Final Plat, but later determined to be necessary. 9) Revise the roadway grading design to not exceed the cut and fill depths approved for the cut and fill waiver. %W Vicinity Map The Town of Fountain Hills P B A , 02 COMMUNITY DEVELOPMENT DEPARTMENT I ForCaseOMa Manager: Only Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST: PROJECT NAME46&7o APPLICATION" —..1-",-Preliminary Plat .—FxA-c R -r' Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment Mrs. Applicant: /7 Da Phone 3 7 — cl (o�� Mr. /G9�� ' y Ms. Address: 4 - � C S C City: Ict"F State: A� Zip: Mrs. Owner: Mr. ��-- Day Phone Ms. Address: City: State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section below M11 be completed. 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Works Consent:❑ Regular:❑ Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Tvne of Document Needine ADUroval (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 Anoronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular AgendaWording: CONSIDERATION of the Final Plat for 'Parcel 6 at Adero Canyon", a 22 lot, two - tract, 52.010 acre single-family residential subdivision, Case #S2002-33. Staff Recommendation: Approve Fiscal Impact: No $ Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision, Case Number S1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 6 of the Final (Master) Plat of Eagle Ridge North. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: t,44w-'Z,140,��l - partment Head 7 '1�*N Town anager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: February 25, 2004 FR: Dana Burkhardt, Senior Planner RE: S2002-32; Final Plat "Parcel 6 at Adero Canyon", a 22 lot, two -tract subdivision. LOCATION: The area of Fountain Hills known as "Adero Canyon", aka Eagle Ridge North, located west of the Sunridge Canyon development, northwest of the Villas at Copperwynd, and south of the Eagles Nest Subdivision. REQUEST: CONSIDERATION of the Final Plat for 'Parcel 6 at Adero Canyon", a 22 lot, two -tract, 52.010 acre single-family residential subdivision, Case #S2002-33. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-43" EXISTING CONDITION: Undeveloped land PARCEL SIZE: 52.010 acres SURROUNDING LAND USES AND ZONING: NORTH: Fountain Hills Mountain Preserve; zoned "OSR" SOUTH: Adero Canyon Parcel 7; zoned "R1-43" EAST: Fountain Hills Mountain Preserve; zoned "OSR" WEST: Adero Canyon Parcel 5; zoned "R1-43" SUMMARY: This request is for approval of the Final Plat " Parcel 6 at Adero Canyon" a 22 lot, two -tract single- family subdivision. This is a replat of the Eagle Ridge North Final Plat, Parcel 6, in accordance with the approved preliminary plat lot configuration for Eagle Ridge North. This Final Plat proposes access to all 22 lots from a single 2,350 lineal foot cul-de-sac roadway designated as Adero Canyon Drive. The maximum lot area proposed is 167,484.73 square feet, the minimum lot area is 48,272.43 square feet, and the average proposed lot size for this project is 90,475.95 square feet. Each lot owner is required to grant the Town a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. The total Hillside Protection Easement proposed for this parcel is approximately 33.33 acres. EVALUATION: ,4. On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision, Case Number S1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 6 of the Final (Master) Plat of Eagle Ridge North. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat as stipulated, the final (master) plat as stipulated, the approved cut and fill waiver, and the Settlement Agreement that was approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres EN 6 66.92 EN 7 17.328 EN 8 53.34 EN 9 48.71 EN 10 54.43 AC 1 23.94 AC 2 60.464 AC 3 58.894 AC 4 39.55 AC 9 25.406 EN 3 22.274 EN 4 26.548 EN 5 42.2 EN 1 51.45 EN 2 58.209 EN 11 38.25 AC 5 18.942 AC 6 52.01 Totals: 758.865 Allowed: Residual: # of Lots Allocated Disturbance in sq. ft. 40 968,700 13 264,800 19 401,300 26 573,700 32 700,800 9 170,100 24 574,700 24 579,700 22 531,800 8 150,800 14 301,700 14 306,000 21 518,900 21 535,400 26 580,400 18 387,100 12 236,200 22 538,500 365 8,320,600 415 9,420,500 50 1,099,900 Average dist. for remaining lots: 21,998 RECOMMENDATION: Staff recommends approval of 52002-33; Final Plat "Parcel 6 at Adero Canyon", with the following stipulations: 1) a. The Town's approval is conditioned on the Town receiving from the Department (ADWR): (i) written notice that the Department has approved a modification of CCWC's Designation that demonstrates a water supply to meet CCWC's current and committed demands including the Subdivision; or (ii) written notice that the Department has demonstrated that the Deficit Volume has been otherwise eliminated and CCWC has a sufficient supply to meet the water demands of the Subdivision. b. The Town's approval is also conditioned on the developer of the Subdivision not submitting a request to the State Real Estate Commissioner for a public report for the Subdivision under A.R.S. §§ 32-2181 through 32-2183 prior to the Department's issuance of the written notice as described in (a)(i) or (a)(ii) above. 2) Prior to construction, provide approved water service plans. 3) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to construction, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans (unless otherwise specified in these stipulations) must be approved by the Town. 4) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 5) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 6) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 7) Adequate construction assurance shall also have been posted for the full length of the Eagle Ridge Drive sewer outfall and all needed water infrastructure for the plat. 8) Add easements where needed along the subdivision streets and adjacent to Eagle Ridge Drive, including utilities, retaining wall easements (roadway slope easements), meandering sidewalk easements, and sight distance easements. Provide a separate Grant of Easement for any easements not shown on the Final Plat, but later determined to be necessary. 9) Revise the roadway grading design to not exceed the cut and fill depths approved for the cut and fill waiver. 10) In accordance with the Town's deed to the property, the Town will grant an easement for 1%W the looping of the waterline from Adero Canyon Drive bulb to Eagle Ridge Drive bulb, by recording a utility easement by separate document. M Vicinity Map PBA 1; 02 A o � b that is Ate° TAIN The Town of Fountain Hills Use COMMUNITY DEVELOPMENT DEPARTMENT I For Case Mager: Only Fountain Hills, Arizona APPLICATION �. Area Specific Plan or Change _>�- Preliminary Plat --Fi --.+L ► i'_ General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE REQUEST: G L111/" -I- I PROJECT NAME /4LDt.ec C v y Mrs. Applicant: 62 i •� �T; �J/�1�,'i Qq — 0 Mr. / C. 9 3 0 _ i Day Phone Ms. Address: - �k' )r:)<( C cxj City: )C'g State: Ae- Zip: �SZfo8 L—Mrs. Mr. Ms. 41 Owner: ! J ' ' �I L LZL Day Phone Address: City: State: Zip: If application is being submitted by someone other than the owner of the property under consideration, the section below autst be completed. SIGNATURE OF OWNER I HEREBY AUTHORIZE 111-71 S Pe4"-.'t'j Please Print Subscribed and sworn before me this day of DATE Notary Public My Commission Expires FILING DATE: FEE PAID: illlilw Application Page 2 of 7 TO FILE THIS APPLICATION. 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W O m i i I i u i i tl 1Vld lVNld 9 l33NVd NOANVO OU30V s3Z%H3S iw, 03irwany — R r 1` O ONI02J003a 4F 0 LIO N0110mAiSN00 8 LLI w LLO 2iO3 lON ANVNIVVIl3W N �e a � e n r tt s,, <, r a 4�� t O f �' • ya;r 10� Y r / Y \ H •� i m 3 /r H3W 9Z 39Vd `099 Adoa( 111HON 3oom 3'IOV,$ 9 13JNVd ; 1tlld3tlNld `JNIOil003a 38= Fv� 9 1332ltld NOANtl� ON30tl a0 NOuo a sN00 = LLo sa:)Ma sIWOaazvwoi v aOdIONAaVNIWll3ad r� 9i U, 2 a Z all\ a a in W L S '`, CM 3A. LM LM N p ��O o p�FyAx:. ya .1 w vim\ 0.WC 0 m 0 iz <S",4 ca d' 94 CD W U 6 a Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Pub. Works Consent:❑ Regular:❑ Meeting Date: 3/4/04 Contact Person: Dana Burkhardt, Senior Planner Requesting Action:® Type of Document Needing Approval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check km)ronriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Final Plat for "Parcel 7 at Adero Canyon", a 26 lot, four - tract, 47.598 acre single-family residential subdivision; Case #S2002-31. Staff Recommendation: Approve Fiscal Impact: No _ Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision, Case Number S1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 7 of the Final (Master) Plat of Eagle Ridge North. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Signatures of Submitting Staff: D partment Hea Town nager / Designee Budget Review (if item not budgeted or exceeds budget amount) TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: February 25, 2004 FR: Dana Burkhardt, Senior Planner RE: S2002-31; Final Plat "Parcel 7 at Adero Canyon", a 26 lot, four -tract subdivision. LOCATION: The area of Fountain Hills known as "Adero Canyon", aka Eagle Ridge North, located west of the Sunridge Canyon development, northwest of the Villas at Copperwynd, and south of the Eagles Nest Subdivision. REQUEST: CONSIDERATION of the Final Plat for 'Parcel 7 at Adero Canyon", a 26 lot, four -tract, 47.598 acre single-family residential subdivision. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: 44R1-43" EXISTING CONDITION: Undeveloped land PARCEL SIZE: 47.598 acres SURROUNDING LAND USES AND ZONING: NORTH: Parcel 6 at Adero Canyon; zoned "R1-43" SOUTH: Adero Canyon Parcel 8; zoned "R1-43" EAST: Fountain Hills Mountain Preserve; zoned "OSR" WEST: Parcel 2 at Adero Canyon; zoned "R1-43" SUMMARY: This request is for approval of the Final Plat " Parcel 7 at Adero Canyon" a 26 lot, four -tract single-family subdivision. This is a replat of the Eagle Ridge North Final Plat, Parcel 7, in accordance with the approved preliminary plat lot configuration for Eagle Ridge North. This Final Plat proposes access to lots 1-6 from Morning Sky Drive, lots 7-12 from Cholla Ridge, and lots 13-26 from Adero Canyon Drive. Cholla Ridge is the only cul-de-sac in this subdivision and is approximately 625 feet long. The maximum lot area proposed is 245,614 square feet, the minimum lot area is 45,393 square feet, and the average proposed lot size for this project is 66,418.03 square feet. Each lot owner is required to grant the Town a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. The total hillside protection easement proposed for this parcel is approximately 26.47 acres. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North �r subdivision, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 7 of the Final (Master) Plat of Eagle Ridge North. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat as stipulated, the final (master) plat as stipulated, the approved cut and fill waiver, and the Settlement Agreement that was approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres EN 6 66.92 EN 7 17.328 EN 8 53.34 EN 9 48.71 EN 10 54.43 AC 1 23.94 AC 2 60.464 AC 3 58.894 AC 4 39.55 AC 9 25.406 EN 3 22.274 EN 4 26.548 EN 5 42.2 EN 1 51.45 EN 2 58.209 EN 11 38.25 AC 5 18.942 AC 6 52.01 AC 7 47.598 Totals: 806.463 Allowed: Residual: # of Lots Allocated Disturbance in sq. ft. 40 968,700 13 264,800 19 401,300 26 573,700 32 700,800 9 170,100 24 574,700 24 579,700 22 531,800 8 150,800 14 301,700 14 306,000 21 518,900 21 535,400 26 580,400 18 387,100 12 236,200 22 538,500 26 574,000 391 8,894,600 415 9,420,500 24 525,900 Average dist. for remaining lots: 21912.5 RECOMMENDATION: Staff recommends approval of S2002-31; Final Plat "Parcel 7 at Adero Canyon", with the following stipulations: 1) a. The Town's approval is conditioned on the Town receiving from the Department (ADWR): (i) written notice that the Department has approved a modification of CCWC's Designation that demonstrates a water supply to meet CCWC's current and committed demands including the Subdivision; or (ii) written notice that the Department has demonstrated that the Deficit Volume has been otherwise eliminated and CCWC has a sufficient supply to meet the water demands of the Subdivision. b. The Town's approval is also conditioned on the developer of the Subdivision not submitting a request to the State Real Estate Commissioner for a public report for the Subdivision under A.R.S. §§ 32-2181 through 32-2183 prior to the Department's issuance of the written notice as described in (a)(i) or (a)(ii) above. 2) Prior to construction, provide approved water service plans. 3) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to construction, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans (unless otherwise specified in these stipulations) must be approved by the Town. 4) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 5) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 6) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 7) Adequate construction assurance shall also have been posted for the full length of the Eagle Ridge Drive sewer outfall and all needed water infrastructure for the plat, and for Parcel 8 (since Parcel 7 would otherwise be an excessively long, over lotted cul-de-sac). 8) Add easements where needed along the subdivision streets and adjacent to Eagle Ridge Drive and Adero Canyon Drive, including utilities, retaining wall easements (roadway slope easements), meandering sidewalk easements, and sight distance easements. Provide a separate Grant of Easement for any easements not shown on the Final Plat, but later determined to be necessary. 9) Revise the roadway grading design to not exceed the cut and fill depths approved for the cut and fill waiver. Vicinity Map m PBA t /02 TAIN O y q �F 0 �� sm `QNW 46at is Ate° The Town of Fountain Hills COMMUNITY DEVELOPMENT DEPARTMENT Fountain Hills, Arizona !p* APPLICATION-� Area Specific Plan or Change Preliminary Plat fir 4 L 'FLt-r- General Plan Amendment Cut/Fill Waiver Plan of Development Special Use Permit Zoning Change SU Comprehensive Sign Plan Variance HPE Change or Abandonment NATURE OF THE REQUEST: PROJECT NAME McFc 7 Mrs. Applica Mr. /& Ms. Address: Mrs. Owner: Mr. Ms. Address; City: F14 Day Phone — State: �� r�' v�-•,� Day Phone I Zip: SS-: �6 City: State: Zip: If app✓ica on is being submitted by someone other than the owner of the property under consideration, the section below wit be completed. SIGNATURE OF OWNER f� — e CEO ' DATE I HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of TO FILE THIS APPLICATION. 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Works Meeting Date: 3/4/04 Contact Person: Dana Burkhardt, Senior Planner Consent:❑ Regular:❑ Requesting Action:® Tvne of Document Needing Annroval (Check all that a ❑ Public Hearing ❑ Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: Council Priority (Check Annrooriate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ® Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ® Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation Regular Agenda Wording: CONSIDERATION of the Final Plat for "Parcel 8 at Adero Canyon", a 24 lot, six - tract, 89.708 acre single-family residential subdivision, Case #S2002-30. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: On October 4, 2001, Town Council approved the preliminary � plat for the Eagle Ridge North subdivision, Case Number S 1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 8 of the Final (Master) Plat of Eagle Ridge North. List All Attachments as Follows: Staff Report; Vicinity Map; Application; Final Plat Reduction Type(s) of Presentation: N/A Sijjnatures of Submitting Staff: D artment Head own Manager / Designee Budget Review (if item not budgeted or exceeds budget amount) ,,%W TOWN OF FOUNTAIN HILLS PLANNING & ZONING DIVISION TOWN COUNCIL MEMO TO: Honorable Mayor and Town Council DT: February 25, 2004 FR: Dana Burkhardt, Senior Planner RE: S2002-30; Final Plat "Parcel 8 at Adero Canyon", a 24 lot, six -tract subdivision. LOCATION: The area of Fountain Hills known as "Adero Canyon", aka Eagle Ridge North, located west of the Sunridge Canyon development, northwest of the Villas at Copperwynd, and south of the Eagles Nest Subdivision. REQUEST: CONSIDERATION of the Final Plat for 'Parcel 8 at Adero Canyon", a 24 lot, six -tract, 89.708 acre single-family residential subdivision. DESCRIPTION: OWNER: MCO Properties APPLICANT: MCO Properties EXISTING ZONING: "R1-43" EXISTING CONDITION: Undeveloped land PARCEL SIZE: 89.708 acres SURROUNDING LAND USES AND ZONING: NORTH: Fountain Hills Mountain Preserve; zoned "OSR" r... SOUTH: Adero Canyon Parcel 9 and Sunridge Canyon open space; zoned "R1-43" EAST: Fountain Hills Mountain Preserve; zoned "OSR" WEST: Eagle Ridge Dr. & City of Scottsdale; zoned "R1-43" SUMMARY: This request is for approval of the Final Plat " Parcel 8 at Adero Canyon" a 24 lot, six -tract single- family subdivision. This is a replat of the Eagle Ridge North Final Plat, Parcel 8, in accordance with the approved preliminary plat lot configuration for Eagle Ridge North. This Final Plat proposes access to lots 1-8 and lots 16-24 from Adero Canyon Drive. Lots 9-11 are accessed from Cardichio Court, which is a 375 foot long cul-de-sac, and lots 12-15 are accessed from Holiman Court, a 400 foot long cul-de-sac. The maximum lot area proposed is 1,111,565 square feet, the minimum lot area is 43,655 square feet, and the average proposed lot size for this project is 142,558 square feet. Each lot owner is required to grant the Town a hillside protection easement over the remainder of the undisturbed lot area prior to building permit issuance. The total hillside protection easement proposed for this parcel is approximately 66.47 acres. EVALUATION: On October 4, 2001, Town Council approved the preliminary plat for the Eagle Ridge North subdivision, Case Number S1999-25, for 171 lots and 20 tracts. On December 4, 2001, Town Council approved the Final (Master) Plat for Eagle Ridge North, with nine large parcels and the Eagle Ridge Drive rights -of -way. This request is to subdivide Parcel 8 of the Final (Master) Plat of Eagle Ridge North. Staff has reviewed this final plat application and the improvement plans submitted by MCO Properties against the approved preliminary plat as stipulated, the final (master) plat as stipulated, the approved cut and fill waiver, and the Settlement Agreement that was approved by Town Council on December 4, 2001. This final plat substantially conforms to all prior approvals and meets the requirements of the Settlement Agreement. The following table provides the approved final plat lot counts for Eagles Nest/Adero Canyon and the disturbance area allocations, including this parcel: Parcel # Total Acres # of Lots Allocated Disturbance in sq. ft. EN 6 66.92 40 968,700 EN 7 17.328 13 264,800 EN 8 53.34 19 401,300 EN 9 48.71 26 573,700 EN 10 54.43 32 700,800 AC 1 23.94 9 170,100 AC 2 60.464 24 574,700 AC 3 58.894 24 579,700 AC 4 39.55 22 531,800 AC 9 25.406 8 150,800 EN 3 22.274 14 301,700 EN 4 26.548 14 306,000 EN 5 42.2 21 518,900 EN 1 51.45 21 535,400 EN 2 58.209 26 580,400 EN 11 38.25 18 387,100 AC 5 18.942 12 236,200 AC 6 52.01 22 538,500 AC 7 47.598 26 574,000 AC 8 89.708 24 525,900 Totals: 896.171 415 9,420,500 Allowed: 415 9,420,500 Residual: 0 0 IN RECOMMENDATION: Staff recommends approval of 52002-30; Final Plat "Parcel 8 at Adero Canyon", with the following stipulations: 1) a. The Town's approval is conditioned on the Town receiving from the Department (ADWR): (i) written notice that the Department has approved a modification of CCWC's Designation that demonstrates a water supply to meet CCWC's current and committed demands including the Subdivision; or (ii) written notice that the Department has demonstrated that the Deficit Volume has been otherwise eliminated and CCWC has a sufficient supply to meet the water demands of the Subdivision. b. The Town's approval is also conditioned on the developer of the Subdivision not submitting a request to the State Real Estate Commissioner for a public report for the Subdivision under A.R.S. §§ 32-2181 through 32-2183 prior to the Department's issuance of the written notice as described in (a)(i) or (a)(ii) above. 2) Prior to construction, provide approved water service plans. 3) Address all improvement plan review comments to the Town's satisfaction, and submit all remaining supporting improvement plans and documents. Prior to construction, all improvement plans, including grading and paving plans, signing and striping plans, landscape and irrigation plans, and all utility service plans (unless otherwise specified in these stipulations) must be approved by the Town. 4) Provide the Town with a copy of the recorded CC&R's to show conformance to Article 6.2.5 of the Settlement Agreement, which provides verbiage that restricts any further subdivision of these lots. 5) Provide a Geotechnical Report (approved by the Town Engineer) prior to Final Plat recordation. 6) Provide a Construction Assurance Bond for all improvements including, but not limited to drainage facilities and structures and landscaping that is acceptable in form to the Town Engineer and Town Attorney, prior to Final Plat recordation. 7) Adequate construction assurance shall also have been posted for the full length of the Eagle Ridge Drive and Adero Canyon sanitary sewer outfall and all needed water infrastructure for the plat, and for Parcel 7 (otherwise Parcel 8 would be an overlength cul-de-sac. 8) Add easements where needed along the subdivision streets and adjacent to Eagle Ridge Drive and Adero Canyon Drive, including utilities, retaining wall easements (roadway slope easements), meandering sidewalk easements, and sight distance easements. Provide a separate Grant of Easement for any easements not shown on the Final Plat, but later determined to be necessary. 9) Revise the roadway grading design to not exceed the cut and fill depths approved for the cut and fill waiver. Vicinity Map `%WW The Town of Fountain Hills P B A 1i02 COMMUNITY DEVELOPMENT DEPARTMENT I CaseOManal Use Only Fountain Hills, Arizona Area Specific Plan or Change General Plan Amendment Plan of Development Zoning Change Variance NATURE OF THE REQUEST: PROJECT NAME /QO cr2o C,*,, yu,.., APPLICATION Preliminary Plat 1'7/?, Cut/Fill Waiver Special Use Permit SU Comprehensive Sign Plan HPE Change or Abandonment Mrs. Applicant: Mr. Day Phone Ms. Address: City; State: Zip; Mrs. Owner: � Mr. Day Phone 3 Ms. Address: �'� i "t G 7, State: Zip; -� If application is being submitted by someone other than the owner of the property under clonsideration, the section below must be completed SIGNATURE OF OWNER I HEREBY AUTHORIZE Please Print Subscribed and sworn before me this day of DATE Notary Public MY Commission Expires FILING DATE:2/Z",,FEE PAID: (See Fee Schedule) plication Page 2 of 7 TO FILE THIS APPLICATION. 20 ACCEPTED BY: / / U— Case Number a � c n _ £ " En' Am � � ♦a; R 0 � C7I � � � �� 2 M S� � i Y �R �R O �� IN � �� ~' a F sum ua nravi.as xw 6 G Ise -a LLJ > g� ' Z Z o z a z O O Z O Z m O U O W� Q� Q z Q UOZ pp — Q_ OUOQO Q O V OFr 0CL wQ ONO ¢ N f O IY a o o Q o Q O N z — r J <oL)� � �� e Tf Jm co �= 0 v o z N z O �' �^ 1 LOQ ` 4 �y @ fled, F � M�� : co, E6 __, o Z .a R it l--'a-------- I. 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The proposed mei Each signer for himself says: I have pE proposed District shown on attached E. �)tw vy-----) 3iq-�5 4 0 5 A. Proposed Fountain Hills Fire District May 1, 2003 Exhibit A: The proposed Fountain Hills Fire District will include the entire incorporated area of the Town of Fountain Hills which includes portions of or entire: Sections 4,5,6,7,8,9,10,11,14,15,16,17,20,21,22,23,26,27,28 and 29 of Township 3 North, Range 6 East, Gila and Salt River Base and Meridian, more particularly described as follows: That area bounded to the east by Fort McDowell Yavapai Nation; bounded to the south by the Salt River Pima Maricopa Indian Community; bounded to the west by the City of Scottsdale; bounded to the north by McDowell Mountain Park and State Land. Exhibit B: Map of Proposed Fountain Hills Fire District WDOWELL MOUNTAIN PARK 6 5 4 STATE LAND 7 8 9 l0 11 z 0 17 16 15 14 P 4 21 22 23+ 20 o LL 29 28 27 26 Way" SALT RIVER PIMA MARICOPA INDIAN COMMUNITY Township 3 North, Range 6 East, Gila and Salt River Base and Meridian Exhibit C: Proposed Members of the Fountain Hills Fire District's Organizing Board of Directors: John M. Cutillo John Wyman F. Tim Yoder 16714 Nicklaus Drive 16905 E. Jacklin Drive 15459 E. El Lago Boulevard Fountain Hills, AZ 85268 Fountain Hills, AZ 85268 Fountain Hills, AZ 85268 Retired,Former Mayor Retired, Former Councilman General Contractor, Of Fountain Hills Of Fountain Hills Yoder Built Construction The full text of the Impact Statement may be viewed at www.maricopa.gov/clk board/firedistrict.asp Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting Date: 3/4/04 Contact Person: Tim Pickering Requesting Action:® Tyne of Document Needing Approval (Check all that a ❑ Public Hearing ® Resolution ❑ Agreement ❑ Emergency Clause ❑ Special Consideration ❑ Intergovernmental Agreement ❑ Grant Submission ❑ Liquor/Bingo License Application ❑ Special Event Permit ❑ Special/Temp Use Permit ❑ Other: DISCUSSION Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat Council Priority (Check Appropriate Areas): ❑ Education ® Public Fitness ❑Library Services ❑ Public Safety ❑ Community Activities ❑ Economic Development ❑ Public Works ❑ Human Service Needs ❑ Parks & Recreation ❑ Town Elections ❑ Community Development ❑ Finance Regular Agenda Wording: CONSIDERATION of RESOLUTION 2004-18 establishing priority goals for fiscal year 2004-2005. Staff Recommendation: Approve Fiscal Impact: No Purpose of Item and Background Information: At the Town Council' retreat, held January 6 and 7, 2004, key goals and priorities for the 2004-2005 fiscal year were identified. A follow-up management retreat was held on January 20 and 21, 2004, to develop specific implementation plans necessary to carry out the goals established by the Council. Timelines, action plans, support teams, and budget implications were also discussed at the February 9"' Council workshop. These goals and implementation plans are delineated in the attached Final Consolidated Report prepared by Latshaw & Associates. As part of the discussion, Council needs to decide if the shorter time frame delineated in 5, Community Strategic Plan, is acceptable, or the staff -recommended 5A, Community Strategic Plan Timeline, is desired. 5A allows a longer period for public input. This decision would also affect 6 or 6A, Possible Revenue Measure, being presented in May 2005 or May 2006, respectively. List All Attachments as Follows: Resolution 2004-18, Final Consolidated Report by Latshaw & Associates Types) of Presentation: oral Signatures of Submitting Staff: Department a of TManag r / Designee Budget Review (if item not budgeted or exceeds budget amount) EABBender\Agenda\AGENDA COVER SHEET Council goals for 2004-05.doc RESOLUTION NO.2004-18 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ESTABLISHING PRIORITY GOALS FOR FISCAL YEAR 2004-2005. WHEREAS, on January 6th and 7th, 2004, the Mayor and Council of the Town of Fountain Hills (the "Town Council") held a goal setting retreat (the "Retreat") with the Town of Fountain Hills staff; and WHEREAS, the Town Council established priority goals for fiscal year 2004-2005 at the Retreat; and WHEREAS, the purpose of establishing priority goals is to give staff direction in preparing the budget for fiscal year 2004-2005. 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's priority goals are hereby adopted for fiscal year 2004-2005 in the form attached hereto as Exhibit A and incorporated herein by reference. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, March 4, 2004. ,%W FOR THE TOWD W. J. Nic ols, a� REVI D BY: �� c F FOUNTAIN HILLS: ATTESTED TO: Timothy G. Pickering, T own Clerk APPROVED AS TO FORM: wnl4anaizer An rew J. McGuire, Town Attorney 9196.001\..\2004-18 Council Goals.res.doc 2-26-04-1 �_ �h►bit � 0 FINAL CONSOLIDATED REPORT TOWN COUNCIL GOAL -SETTING RETREAT JANUARY 6-7, 2004 IN MANAGEMENT RETREAT JANUARY 20-219 2004 Prepared for: TOWN OF FOUNTAIN HILLS, ARIZONA February 20, 2004 LATSHAW &ASSOCIATES Advancing Councilafanager Relations and Performance 16124 E Andrew Dr. Fountain Hills, AZ 85268 (Tel) 480-836-8456 (Fax) 480-836-7247 David C. Latshaw, President TABLE OF CONTENTS RetreatOverviews.......................................................................................................................... 1 Mission, Vision and Values........................................................................................................... 5 Goalsfor FY 2004 — 2005............................................................................................................. 9 Implementation Plans for FY 2004 — 2005 Goals....................................................................... 10 FY 2004 — 2005 Goal Implementation Summary ........................................................................ 35 Performance Reporting Process................................................................................................... 36 Attachments:................................................................................................................................. 37 Town Council Pre -Retreat Planning Questionnaire Town Council Responses to Pre -Retreat Planning Questionnaire RETREAT OVERVIEWS As a means of enhancing overall organizational performance, the Town Council of Fountain Hills, Arizona (Council) determined that it wanted to be more proactive in preparing and planning for the development of the Town's FY 2004 — 2005 budget. Since organizational staffing had been reduced by more than 30% in the past year due to severe financial pressures, the Council felt an obligation to clearly delineate to staff and the community their key goals and priorities for the coming year. To meet this objective, the Town contracted with Latshaw & Associates (Facilitator) to facilitate two (2) retreats. The first was a Town Council Goal -Setting Retreat, aimed at identifying Council's 5-10 top goals for FY 2004 — 2005. The second was a Management Retreat, designed to develop the specific implementation plans necessary to carry out the goals established by the Council. Town Council Goal -Setting Retreat The Town Council Goal -Setting Retreat was held on January 6-7, 2004 at the Scottsdale Resort and Conference Center. In attendance were: Council Members Wally Nichols, Mayor Rick Melendez, Vice Mayor Mike Archambault John Kavanagh Kathleen Nicola Susan Ralphe Leesa Stevens Management Staff Tim Pickering, Town Manager Julie Ghetti, Accounting Supervisor Captain John Kleinheinz, Maricopa County Sheriff's Office Andrew McGuire, Town Attorney Mark Mayer, Director of Parks, Recreation/Community Center Sue Stein, Executive Assistant Tom Ward, Director of Public Works Latshaw & Associates Page 1 The Council and staff set a positive tone for the retreat through their initial discussion on what message they wanted to send to the community and Town organization as a result of their efforts. They concluded that they wanted to clearly demonstrate that: ■ They are an effective leadership team. ■ They are serious about making joint efforts that produce desired results. ■ They take seriously the need for insightful and proactive planning, both short and long-term, in order to avoid falling into a "ready, fire, aim" mode of action. ■ They have a firm grasp of those issues that are most important. ■ They are able to develop practical and achievable goals to address those issues for which the community can hold them accountable. The Council and management staff began their work by reviewing the responses provided by Council to a Pre -Retreat Planning Questionnaire that the Facilitator had asked them to complete. Copies of both the Pre -Retreat Planning Questionnaire and Council's responses are attached. They then reviewed the draft vision statements for both the community and the organization that were drafted by the Facilitator based on Council's responses. These vision statements were discussed and revised until the Council was satisfied with the end products. The retreat participants likewise reviewed and revised the Town's organizational mission statement and went through an exercise designed to identify the Town organization's core values. The resulting mission, vision and values statements are presented on pages 5-8. The Town Council then went through an in-depth examination and discussion of the various problems, challenges and opportunities that they had identified on their Pre -Retreat Planning Questionnaires as being the most important to the community. After clarifying each one, the Council "culled" the issue list down to a manageable group that they could discuss in greater depth. Seven (7) specific goals for FY 2004 — 2005 were identified as a result of these discussions and are presented on page 9. During the latter part of the retreat, Council and staff discussed any "qualitative" measures of success that staff should be aware of when developing implementation plans to carry out the Council's goals. The Town Manager also outlined the performance reporting process that he and staff intend to utilize as a means of keeping the Council apprised of the progress being made in implementing Council's goals. He indicated the reports would also reflect any obstacles or unanticipated events that might have an adverse effect on the implementation plans. Latshaw & Associates Page 2 Management Retreat The Town's Management Retreat was held on January 20-21, 2004 at the Scottsdale Resort and Conference Center. Management staff in attendance were: Tim Pickering, Town Manager Molly Bosley, Planning and Zoning Administrator Donald Clark, Parks Supervisor Samantha Coffman, Community Center Supervisor Julie Ghetti, Accounting Supervisor Bryan Hughes, Recreation Supervisor Captain John Kleinheinz, Maricopa County Sheriff's Office Joan McIntosh, Human Resources Administrator Tony Marchese, Street Superintendent Mark Mayer, Parks and Recreation/Community Center Director Sergeant Charles Siemens, Maricopa County Sheriff's Office Tom Ward, Public Works Director Fire Chief Mark Zimmerman, Rural Metro Fire Company What was to have originally been a Department Directors Retreat evolved into a Management Retreat after the Town Manager and department directors determined there would be significant advantages to expanding the list of retreat participants to include other management personnel. These advantages included providing them an opportunity to: ■ Be exposed to the process of administrative planning, ■ View the key issues facing the organization and the community in a greater context, ■ Enhance their professional development, and ■ Get to know other members of the management staff better. Throughout the retreat, various team building exercises were conducted as time permitted. Emphasis was placed on enhancing communications; fully utilizing the knowledge, skills and abilities of all team members; understanding the impact of "group think" and the value of listening with empathy; and recognizing the benefits of taking the time to "notice" the things that help build strong working relations. The management staff also reviewed the mission, vision and value statements developed at the Town Council Goal -Setting Retreat. They discussed their applicability and some key questions that should be considered when communicating them to the organization. Underlying this discussion was the notion that, if these are to be more than merely statements, it is incumbent on the leadership of the organization to find ways to bring them to life and make them a part of the Town's organizational culture. Latshaw & Associates Page 3 The major concentration of the retreat, however, was a thorough examination of each goal established by the Town Council for FY 2004-2005. In order to provide all staff with the foundation needed to develop implementation plans, the Town Manager began by summarizing the discussions from the Town Council Goal -Setting Retreat that lead up to the establishment of each goal. The management staff then followed a structured process developed by the facilitator to develop the implementation plans. These plans are presented on pages 10-34. A goal implementation summary that shows the total estimated budgetary requirements and timeline for all seven goals is presented on page 35. The performance reporting process that will be utilized to keep the Council apprised of progress being made in implementing the goals and any obstacles that have been encountered was also discussed. A description of this reporting process is presented on page 36. The Town Manager and department directors reserved the afternoon of the second day of the retreat for a discussion on organizational matters. The concern, dedication and commitment that were shown for the organization and each other came through very clearly. This discussion did highlight, however, how much all employees have been impacted by the severe financial constraints facing the Town. Despite these considerable obstacles, the Town Manager and department directors were determined to take as many steps as possible within their span of control to deal with the inevitable issue of organizational morale that typically accompany these circumstances. The level of communication and the understandings reached during this portion of the retreat served as the best example of what a "team" approach can yield. Latshaw & Associates Page 4 cm MISSION, VISION AND VALUES Following are the mission, vision and values statements that were developed at the Town Council Goal -Setting Retreat. MISSION STATEMENT FOR THE ORGANIZATION The Town of Fountain Hills' purpose is to serve the best interests of the community by: providing for its safety and well-being; respecting its special, small-town character and quality of life; providing superior public services; sustaining the public trust through open and responsive government; and maintaining the stewardship and preservation of its financial and natural resources. In four words, serve, respect, trust, stewardship. COMMUNITY VISION STATEMENT The Town of Fountain Hills will be a safe and environmentally sound community whose residents value its sense of closeness, special character and "small town" feeling. The richness of the community's overall quality of life will be further exemplified by its family orientation, diversity of neighborhoods and the conservation, preservation and maintenance of the natural heritage and visual beauty of the surroundings. This general atmosphere is indicative of the strong values and commitment the citizens and Town of Fountain Hills have to the following principles: Community Involvement and Communication The Town of Fountain Hills will be committed to reaching out, involving and drawing upon the talents and abilities of its people. Its long-term tradition of volunteerism will continue to be promoted and facilitated, both in and out of government. Efforts will also be made to involve those residents who do not typically participate in community affairs. Dynamic and creative public information and government access channel programming will be carried out to foster understanding of the wide range of issues and opportunities occurring within the community. Finance The Town of Fountain Hills will continue to be a fiscally conservative and financially sound community. Efforts to diversify the Town's revenue base and maintain prudent financial policies in order to provide the services and programs the community requires in the most cost -beneficial and effective manner possible will continue. Latshaw & Associates Page 5 Public Safety The Town of Fountain Hills will have integrated public safety services that are dependable for the long term, where all feel secure and confident in the delivery of highly responsive and reliable police, fire and emergency services aimed at protecting persons and property. Town Facilities The Town of Fountain Hills will have Town/civic facilities that meet the needs of the organization and the community and is financed in the most cost -beneficial manner consistent with the Town's long-range financial capabilities. Open Space The Town of Fountain Hills will continue to preserve and protect its natural environment and serve as a good steward of the mountain preserve and washes. As a result of insightful planning and decision -making, the Town will provide its citizens and future generations with a secure environmental heritage that is achieved through strategic purchases within the Town's financial capability and/or annexation of available State Trust land. Business and Economic Development The Town of Fountain Hills will work in active partnership with the Chamber of Commerce and other community business interests to plan for, develop, market and support a vibrant business community throughout the Town that is attractive and inviting to visitors and residents alike. Additionally, the Avenue of the Fountains and Fountain Lake areas will be creatively integrated with the development of the downtown. Retail shops, restaurants and other businesses will benefit from a series of well -planned special events and activities that are consistent with the theme created for the downtown. Land Development and Infrastructure Maintenance The Town of Fountain Hills will manage its land development in such a way that the natural beauty of the community is maintained. The Town's infrastructure and other facilities will reflect a community that takes great pride in itself. Parks and Recreation Programs and Facilities The Town of Fountain Hills will provide clean trail systems, athletic fields, parks and other amenities that offer a variety of active and passive recreational opportunities for residents and visitors of all ages. A broad spectrum of evening and weekend activities will be offered in and around Fountain Lake and the performance pad, which will contribute to the community's family orientation, small town charm and business interests. Latshaw & Associates Page 6 ORGANIZATIONAL VISION STATEMENT The Town of Fountain Hills will continue to be a fiscally conservative government that strategically plans and prioritizes the vital service and program needs of the community and provides the appropriate funding to meet them. The Town Council and staff will be aided in this endeavor through the input provided by the general public and the Town's many advisory boards and commissions, which help keep the Town government in tune with the views and opinions of its citizenry. The Town government is committed to the following principles: Customer Satisfaction and Communication The Town Council and staff will be friendly, responsive and dependable in providing the highest level of service possible to its customers. The Town government organization will more fully develop its ability to communicate with its citizens and bring about a broader understanding of Town government issues through the wide scale development of public information, including government access channel and web site programming. Organizational Development and Staffing The Town Council believes that the employees of the Town are its most important resource, and through them the Town's mission and vision will be accomplished. The Town will support them with dignity, respect and fairness. Additionally, the Town will seek to provide for the high morale of its employees by valuing them and making every reasonable effort to maintain appropriate staffing levels required to meet the organization's goals and objectives. Efforts will also be made to attract and retain talented staff by ensuring the organization provides: ■ Recognition for performance excellence, ■ A professional and suitable work environment, ■ A fair and competitive compensation and benefit package that is regularly reviewed, ■ Opportunities for employees at all levels in the organization to have input on important issues affecting their work, ■ Career and succession planning geared to meet both the organization's need to maintain appropriate back-ups for key positions and employees' career objectives, ■ A multi -task organizational environment where employees will be encouraged to participate in cross -training programs that provide the potential for promotional and/or lateral career advancement, and ■ Well -planned training, educational, and professional development opportunities that are designed to broaden the knowledge and experience needed to carry out job functions and requirements. Latshaw & Associates Page 7 ORGANIZATIONAL VALUES The Town of Fountain Hills, in the pursuit of its vision and mission, will at all times be guided by the following values: ■ The promotion of a nurturing, family oriented staff environment; ■ The responsive, respectful and professional delivery of services at all levels; ■ The stewardship of natural resources and careful management of the aesthetic quality of the Town; ■ The promotion of the Town's reputation as a unique and attractive community that has maintained its small town character; ■ The oversight and accountability of the Town's fiscal resources; ■ Character, which includes honesty, trust, integrity, ethical behavior and accountability; ■ Respect for ourselves, family, friends, staff and constituents and the fair treatment of all; ■ Representative government and accountability, which includes being responsive to community wants and needs through accessibility, open government, vision and effective planning; and ■ Efficient, ethical, professional public service and the adherence to high moral standards. Latshaw & Associates Page 8 GOALS FOR FY 2004 — 2005 Following are the seven (7) goals for FY 2004-2005 that were established by the Fountain Hills Town Council at its Goal -Setting Retreat. They are listed in the order in which they were ranked for discussion purposes. ■ Develop an operational contingency plan for fire service. ■ Monitor and analyze the impact of the pending State Trust Land ballot measure regarding preservation. Additionally, work with State Trust Land staff to properly plan for the annexation and development of the adjacent parcels. ■ Develop and present a comprehensive public information program. ■ Conduct a financial analysis of the potential impact of the water issue on the Town's long-range financial projections. ■ Prepare, if warranted, a revenue ballot measure that is consistent with the findings and recommendations of the community strategic plan, no earlier than May 2005. ■ Complete a community strategic plan by November 2004. ■ Develop a succession plan staffing analysis and appropriate recommendations. Latshaw & Associates Page 9 IMPLEMENTATION PLANS FOR FY 2004 — 2005 GOALS Following are the implementation plans that were developed at the Management Retreat for the seven (7) goals established by the Town Council for FY 2004-2005. An index is provided below for ease of reference. It is important to note that the following two goals proved to be somewhat problematic during the course of management staff s implementation analysis: ■ Community Strategic Plan ■ Revenue Ballot Measure Of particular concern was whether the objectives for these goals could be realistically achieved within the timeframes that were discussed at the Town Council Goal -Setting Retreat. Accordingly, after considerable discussion, staff decided that they should present Council with two implementation plans for each of these two goals — one showing what can be achieved within the timeframes discussed at Council's retreat and an alternative that is recommended by staff. At its February 9, 2004 work session, Council will be asked to determine which of these plans staff should utilize in preparing their annual work plans and the budget for FY 2004-2005. To ensure Council's full understanding of the complexities associated with the implementation of each goal, management staff identified the potential implementation issues that would need to be addressed. They also identified policy issues that Council will need to address as part of the implementation process and noted any other pertinent information of which Council should be aware. Implementations r§.V-� i. k ,Y tt 1 .4'L�}�,g� �'.... # i ' fi� ". raoal Descrt tlon4.: ": -Plan 4 hi1.s ,Y.;4;b Y .,pa e M it 1 Operational Contingency Plan for Fire Service 11 2 State Trust Land — Ballot measure/plan for annexation and development 13 3 Public Information Program 16 4 Financial Analysis — potential impact of water issue 19 Community Strategic Plan 5 (time ame discussed at Goal -Setting Retreat) 21 Community Strategic Plan 5A (staffs recommended time ame) 24 Revenue Ballot Measure 6 (timeframe discussed at Goal -Setting Retreat) 27 Revenue Ballot Measure 6A (staffs recommended timeframe) 30 7 Succession Plan Staffing Analysis 33 Latshaw & Associates Page 10 `ftw IMPLEMENTATION PLAN #1 GOAL Develop an operational contingency plan for fire service. OBJECTIVES: ■ Ensure the uninterrupted provision of fire and emergency services to the Fountain Hills community in the event that the Rural Metro Fire Company determines that it will no longer contract with the Town for these services POTENTIAL IMPLEMENTATION ISSUES TO BE ADDRESSED: ■ The development of an operational contingency plan at current cost level is not likely ■ Union issues/recognition ■ Feasible regional alternatives may be limited MAJOR ACTION STEPS Beginning Month Ending Month Town Council outreach to similarly situated communities March 2004 Ongoing Research alternatives to determine feasibility, probable costs and timeline for implementation March 2004 December 2004 Recommend most feasible option January 2005 January 2005 POLICY ISSUES THAT TOWN COUNCIL WILL NEED TO ADDRESS: N/A PRIMARY RESPONSIBILITY FOR IMPLEMENTATION: ■ Town Manager SUPPORT TEAM: ■ Assistant Town Manager — research alternatives ■ Accounting Supervisor — develop cost estimates ■ Human Resources Administrator — develop an analysis regarding potential compensation, fringe benefits and other personnel matters relating to fire operations ■ Rural Metro Fire Chief — provide technical assistance Latshaw & Associates Page 11 ESTIMATED BUDGETARY REQUIREMENTS: Below are estimates of the fiscal and human resources, if any, that would likely be required in the FY S%. 2004-2005 annual budget in order to implement the goal (rounded to the nearest thousand dollars). These estimates will be refined through the budget development process as more data becomes available and as implementation issues are discussed with Council. Budget Description One -Time Annual Category Costs Costs One-half of salary for Assistant Town $30,000- Salaries and Wages Manager $40,000 One-half of benefits for Assistant Town $10,000- Frin a Benefits Manager estimated at 33% of sal $13,000 Contracted Services Equipment & Other Operating Costs $40,000- TOTAL $ 0 $53,000 OTHER PERTINENT INFORMATION REGARDING IMPLEMENTATION: Alternatives to be evaluated for feasibility will include: ■ Formation of a municipal department ■ Contracts with the City of Scottsdale, Rio Verde, Fort McDowell and/or subscription service providers ■ Merger with existing fire district ■ Formation of a regional fire department ■ Formation of a volunteer fire department PERFORMANCE MEASURES: ■ Adherence to timeline ■ Development of feasible contingencies ■ Ensuring appropriate staffing levels (if required) ■ Low employee turnover (of firefighter positions) ■ Contingency plan is realistic, attainable and can be smoothly and cost effectively implemented ■ Contracts (IGAs) with other entities Latshaw & Associates Page 12 IMPLEMENTATION PLAN #2 GOAL Monitor and analyze the impact of the pending State Trust Land ballot measure regarding preservation. Additionally, work with State Trust Land staff to properly plan for the annexation and development of the adjacent parcels. OBJECTIVES: ■ Annex and plan for development of State Trust Land ■ Obtain written commitment from State to allow for planning and annexation ■ Analyze and interpret the State's ballot measure ■ Develop a good working relationship with State Trust Land staff ■ Work cooperatively with developers interested in the development of parcels ■ Keep the Town Council and public apprised of the progress being made toward the annexation and development of State Trust Land POTENTIAL IMPLEMENTATION ISSUES TO BE ADDRESSED: ■ Responsiveness from State has not been as timely as expected ■ Developer resistance to building in Fountain Hills ■ County could rezone land ■ Resistance to development by neighbors ■ Attaining set -asides for recreational purposes ■ Water availability ■ Hiring of a consultant to prepare a development plan MAJOR ACTION STEPS — STATE BALLOT MEASURE Beginning Month Ending Month Contact the Arizona League of Cities and Towns to obtain information on pending State Trust Land ballot measure February 2004 February 2004 Obtain copy of pending State Trust Land ballot measure TBD TBD Analyze and interpret the ballot measure's impact on Fountain Hills TBD TBD Provide report on ballot measure to Town Council TBD TBD NOTE: The timeframes in the above chart are labeled TBD (to be determined) until more detailed information can be obtained from the Arizona League of Cities and Towns. Latshaw & Associates Page 13 MAJOR ACTION STEPS — ANNEXATION AND DEVELOPMENT Beginning Month Ending Month Submit letter to State Trust Land staff requesting planning and annexation October 2003 October 2003 Respond to alternate development proposals January 2004 Ongoing Establish relationship with State Trust Land staff January 2004 February 2004 Advise State Trust Land staff of Town's deadline for receiving their authorization to proceed February 2004 February 2004 Submit monthly reports to Town Council February 2004 Ongoing Keep State legislators and the County apprised of progress February 2004 Ongoing Obtain response from State Trust Land staff. If not received in a timely fashion, then seek assistance from State legislators February 2004 February 2004 Consider hiring a consultant to prepare a development plan March 2004 July 2004 Assist State Trust Land staff in preparing a development plan July 2004 February 2005 Planning Commission and Town Council approve development plan March 2005 March 2005 Prepare alication for annexation Aril 2005 A ril 2005 Obtain State approval of development plan and application for annexation May 2005 Ma 2005 Work through annexation process May 2005 December 2005 Annexation achieved December 2005 1 December 2005 POLICY ISSUES THAT TOWN COUNCIL WILL NEED TO ADDRESS: ■ Hiring of a consultant to prepare a development plan for the State Trust Land ■ Approval of the development plan for State Trust Land PRIMARY RESPONSIBILITY FOR IMPLEMENTATION: ■ Planning and Zoning Administrator SUPPORT TEAM: ■ Director of Parks, Recreation and Community Center — represent park interests ■ Director of Public Works — oversight/guidance • Rural Metro Fire Chief — logistics ■ Town Engineer — assist in plan development ■ Public Information Officer - assist with public information ■ Planning Commission — provide input as the development plan is prepared ESTIMATED BUDGETARY REQUIREMENTS: Latshaw & Associates Page 14 Below are estimates of the fiscal and human resources, if any, that would likely be required in the FY 2004-2005 annual budget in order to implement the goal (rounded to the nearest thousand dollars). These estimates will be refined through the budget development process as more data becomes available and as implementation issues are discussed with Council. Budget Description One -Time Annual Category Costs Costs Salaries and Wages To be completed by existing staff Fringe Benefits Consultant to provide technical assistance in $ 50,000 - Contracted Services preparing the development plan $100,000 Equipment & Other Operating Costs $ 50,000 - TOTAL $100,000 $ 0 OTHER PERTINENT INFORMATION REGARDING IMPLEMENTATION: Steps to establish a relationship with State Trust Land staff include: ■ Send a follow-up letter from the Mayor (staff will draft) introducing new Planning and Zoning Administrator and inquiring about the status of the Town's request for planning and annexation ■ Meet with State Trust Land staff ■ Provide State Trust Land staff with a tour of the property ■ Advise of Town timetable for plan development ■ Prepare draft response for State Trust Land signature PERFORMANCE MEASURES: ■ Whether monthly updates to the Town Council appropriately meet their information needs ■ Town Council's approval of the development plan as submitted ■ Effective working relationship with State Trust Land staff established ■ Annexation approved by State Trust Land staff Latshaw & Associates Page 15 IMPLEMENTATION PLAN #3 GOAL Develop and present a comprehensive public information program. OBJECTIVES: ■ Provide accurate and timely information that keeps the public well informed on important government issues, services and programs POTENTIAL IMPLEMENTATION ISSUES TO BE ADDRESSED: ■ Lack of staff expertise/capacity to adequately carry out the public information programs envisioned by the Town Council ■ Ability to quickly fill the requested Public Information Officer position so that his/her expertise can be utilized in carrying out Town priorities MAJOR ACTION STEPS Beginning Month Ending Month Develop job description May 2003 May 2003 Develop year I work plan February 2004 February 2004 Request and obtain budget approval for new Public Information Officer position May 2004 May 2004 Advertiseposition/hire Public Information Officer July 2004 November 2004 Begin implementation of year 1 work plan November 2004 Ongoing Public Information Officer develops comprehensive public information policies and procedures manual November 2004 Ongoing Town Manager approval of public information policies and procedures November 2004 Ongoing POLICY ISSUES THAT TOWN COUNCIL WILL NEED TO ADDRESS: ■ Approval of a Public Information Officer position PRIMARY RESPONSIBILITY FOR IMPLEMENTATION: ■ Town Manager/Public Information Officer Latshaw & Associates Page 16 im SUPPORT TEAM: ■ Human Resources Administrator — provide job description, salary range and hiring assistance ■ Town Council's Executive Assistant — provide technical/clerical assistance ■ Department Directors — provide facts and details about operational matters ■ Recreation Department Executive Assistant — provide technical assistance in producing publications ESTIMATED BUDGETARY REQUIREMENTS: Below are estimates of the fiscal and human resources, if any, that would likely be required in the FY 2004-2005 annual budget in order to implement the goal (rounded to the nearest thousand dollars). These estimates will be refined through the budget development process as more data becomes available and as implementation issues are discussed with Council. Budget Description One -Time Annual Category Costs Costs $50,000 - Salaries and Wages Public Information Officer $60,000 Benefits for Public Information Officer $17,000 - Frin a Benefits estimated at 33% of salary $20,000 Contracted Services Publishing of annual report, pamphlets and Equipment & Other mailings, Channel 11 equipment and filming $20,000- O eratin Costs supplies $10,000 $50,000 $ 87,000- TOTAL $10,000 $130,000 OTHER PERTINENT INFORMATION REGARDING IMPLEMENTATION: Year 1 work plan will include: ■ Establish a cooperative working relationship with the media ■ Write press releases, send media alerts and be media contact for: ■ Explaining Town financial condition ■ Community strategic plan development ■ Water issue ■ Progress being made on State Trust Land issue ■ Fire service and related operational contingency plan development ■ Construction of performance pad, skate park and Civic Center Phase II ■ New sign regulations /enforcement issues ■ Serve as media spokesperson on "hot topics" Latshaw & Associates Page 17 OTHER PERTINENT INFORMATION REGARDING IMPLEMENTATION (continued): ■ Write monthly "Manager's Report" for publication in newspaper ■ Develop an easy to understand "Our Government" column for publication in the "Compass" newsletter ■ Complete Channel 11 intergovernmental agreement paperwork and establish citizen advisory group ■ Develop tools to measure the effectiveness of communications ■ Develop Public Service Announcement (PSA) and other public information policies ■ Evaluate and make recommendations to Information Technology (IT) staff for upgrades to Channel 11 and Web site ■ Evaluate, make changes and improvements, and write articles for "Compass" newsletter; increase the number of newsletters issued per year ■ Evaluate the feasibility of publishing an annual report ■ Develop a fact sheet and topical project summary for each department PERFORMANCE MEASURES: ■ Reach 40% - 50% of the public ■ Double the amount of programming on Channel 11 ■ Reduce number of errors in newspaper articles ■ Number of articles in newspaper covering important Town issues/events ■ Town Council's level of satisfaction with public information program Latshaw & Associates Page 18 IMPLEMENTATION PLAN #4 GOAL Conduct a financial analysis of the potential impact of the water issue on the Town's long-range financial projections. OBJECTIVES: ■ Determine the financial impact of the water issue on the Town's budget/finances ■ Revise five-year financial plan as required ■ Provide the community with a clear understanding of the Town's assured water supply POTENTIAL IMPLEMENTATION ISSUES TO BE ADDRESSED: ■ Accuracy of data ■ Accuracy of information provided to the public on the water issue ■ Potential budgetary/financial impact on the Town if the water issue is not resolved MAJOR ACTION STEPS Beginning Month Ending Month Provide factual information to the public January 2004 On oin Determine total number of undeveloped parcels affected by water issue January 2004 January 2004 Determine number of parcels included in five year forecast February 2004 February 2004 Compute loss of revenue if the parcels included in the five year forecast are not developed February 2004 February 2004 Adjust preliminary FY 2004-2005 budget as required March 2004 March 2004 Revise five-year financial plan as required September 2004 September 2004 POLICY ISSUES THAT TOWN COUNCIL WILL NEED TO ADDRESS: • May need to make revenue adjustments if the five-year financial plan indicates need PRIMARY RESPONSIBILITY FOR IMPLEMENTATION: ■ Accounting Supervisor Latshaw & Associates Page 19 SUPPORT TEAM: ■ Town Manager — review of financial analysis ■ Director of Public Works — assistance with development of projections ESTIMATED BUDGETARY REQUIREMENTS: Below are estimates of the fiscal and human resources, if any, that would likely be required in the FY 2004-2005 annual budget in order to implement the goal (rounded to the nearest thousand dollars). These estimates will be refined through the budget development process as more data becomes available and as implementation issues are discussed with Council. Budget Category Description One -Time Costs Annual Costs Salaries and Wages To be completed by existing staff Fringe Benefits Contracted Services Equipment & Other Operating Costs TOTAL $0 $0 OTHER PERTINENT INFORMATION REGARDING IMPLEMENTATION: N/A PERFORMANCE MEASURES: ■ Financial analysis is presented to the Town Council in an appropriate timeframe for consideration in conjunction with the development of the FY 2004-2005 budget ■ Accuracy of estimates and financial analysis Latshaw & Associates Page 20 IMPLEMENTATION PLAN #5 GOAL Complete a community strategic plan by November 2004. OBJECTIVES: ■ Obtain input from a wide cross-section of the community (person on the street) through surveys and/or meetings in order to distinguish between the wants versus the needs of the community and their willingness to pay for them ■ Develop a five-year community vision ■ Identify capital improvement needs • Educate the community on important government issues, services and programs ■ Garner community consensus on the future direction of the Town ■ Obtain buy -in from key stakeholders/community groups ■ Develop a realistic plan that the Town Council will adopt ■ Develop a plan with prioritized recommendations and cost estimates ■ Develop a volunteer base to help conduct the study ■ Develop a plan that assigns responsibilities and timelines for implementation POTENTIAL IMPLEMENTATION ISSUES TO BE ADDRESSED: ■ Cost sensitivity ■ No funds budgeted in FY 2003-2004 for consulting services ■ Aggressive completion date — November 2004 ■ Community meeting coordination/participation ■ Impact on Town staff s other work priorities ■ Full-time versus seasonal residents (timing) ■ Sensitivity to use of/hiring consultants ■ Public acceptance of findings and recommendations ■ Willingness of community to pay for needed capital improvements ■ Town Council acceptance of findings and recommendations ■ Decision on scope/study parameters Latshaw & Associates Page 21 MAJOR ACTION STEPS Beginning Month Ending Month scope of services to be provided by consultant February 2004 February 2004 -Develop Issue RFP and receipt of proposals February 2004 Februa 2004 Review proposals; make selection March 2004 March 2004 Staff and consultant advance preparations Aril 2004 Aril 2004 Conduct strategic planning public input process May 2004 Au ust 2004 Consultant presents draft study findings to Town Council September 2004 September 2004 Public hearings September 2004 Se tember 2004 Consultant revises report based on input from public hearings October 2004 October 2004 Consultant presents final report to Town Council November 2004 November 2004 Town Council adopts community strategic plan November 2004 November 2004 Implementation of strategic plan outcomes November 2004 On -going POLICY ISSUES THAT TOWN COUNCIL WILL NEED TO ADDRESS: ■ Level of public input and support desired (Drives costs to complete the community strategic plan) PRIMARY RESPONSIBILITY FOR IMPLEMENTATION: ■ Town Manager SUPPORT TEAM: ■ Assistant Town Manager — study coordination and meeting presentations ■ Intern — study coordination ■ Town Council's Executive Assistant — study coordination ■ Planning and Zoning Administrator — study coordination and meeting presentations ■ Director of Parks, Recreation and Community Center — meeting presentations ■ Accounting Supervisor — cost estimates Latshaw & Associates Page 22 ESTIMATED BUDGETARY REQUIREMENTS: Below are estimates of the fiscal and human resources, if any, that would likely be required in the FY 2004-2005 annual budget in order to implement the goal (rounded to the nearest thousand dollars). These estimates will be refined through the budget development process as more data becomes available and as implementation issues are discussed with Council. Budget Description One -Time Annual Category Costs Costs One-half of salary for Assistant Town $30,000- Manager $40,000 Salaries and Wages Intern $ 4,000 One-half of benefits for Assistant Town $10,000- Frin a Benefits Manager estimated at 33% of sal $13,000 $ 70,000- Contracted Services Consulting services $150,000 Equipment & Other Costs -Operating $ 74,000- $40,000- TOTAL $154,000 $53,000 OTHER PERTINENT INFORMATION REGARDING IMPLEMENTATION: ,%W N/A PERFORMANCE MEASURES: ■ Adherence to timeline/schedules ■ Community support of implementation plans as indicated by the passage of any ballot measure(s) that may be subsequently authorized by the Town Council ■ Town Council's adoption of the community strategic plan and the implementation of its prioritized recommendations ■ Level of public support — web site survey votes ■ Consistency between community surveys and what focus groups say (validity of input) Latshaw & Associates Page 23 `%W IMPLEMENTATION PLAN #5A GOAL Complete a community strategic plan by July 2005. OBJECTIVES: ■ Obtain input from a wide cross-section of the community (person on the street) through surveys and/or meetings in order to distinguish between the wants versus the needs of the community and their willingness to pay for them ■ Develop a five-year community vision ■ Identify capital improvement needs ■ Educate the community on important government issues, services and programs ■ Garner community consensus on the future direction of the Town ■ Obtain buy -in from key stakeholders/community groups ■ Develop a realistic plan that the Town Council will adopt ■ Develop a plan with prioritized recommendations and cost estimates • Develop a volunteer base to help conduct the study ■ Develop a plan that assigns responsibilities and timelines for implementation POTENTIAL IMPLEMENTATION ISSUES TO BE ADDRESSED: ■ Cost sensitivity ■ No funds budgeted in FY 2003-2004 for consulting services ■ Community meeting coordination/participation ■ Impact on Town staffs other work priorities ■ Full-time versus seasonal residents (timing) ■ Sensitivity to use of/hiring consultants ■ Public acceptance of findings and recommendations ■ Willingness of community to pay for needed capital improvements ■ Town Council acceptance of findings and recommendations ■ Decision on scope/study parameters Latshaw & Associates Page 24 MAJOR ACTION STEPS Beginning Month Ending Month scope of services to be provided by consultant February 2004 February 2004 -Develop Issue RFP and receipt of proposals February 2004 February2004 Review proposals; make selection March 2004 March 2004 Staff and consultant advance preparations Aril 2004 Aril 2004 Conduct strategic planning public input process May 2004 February 2005 Consultant presents draft study findings to Town Council March 2005 March 2005 Public hearings March 2005 Aril 2005 Consultant revises report based on input from public hearings May 2005 May 2005 Consultant presents final report to Town Council June 2005 June 2005 Town Council adopts community strategic plan July 2005 July 2005 -Implementation of strategic plan outcomes August 2005 On -going NOTE: The above schedule provides additional time for the planning process, public review/comment on study findings and Town Council consideration/adoption of community strategic plan. POLICY ISSUES THAT TOWN COUNCIL WILL NEED TO ADDRESS: Level of public input and support desired (Drives costs to complete the community strategic plan) 'ftw PRIMARY RESPONSIBILITY FOR IMPLEMENTATION: ■ Town Manager SUPPORT TEAM: ■ Assistant Town Manager — study coordination and meeting presentations ■ Intern — study coordination ■ Town Council's Executive Assistant — study coordination ■ Planning and Zoning Administrator — study coordination and meeting presentations ■ Director of Parks, Recreation and Community Center — meeting presentations ■ Accounting Supervisor — cost estimates Latshaw & Associates Page 25 ESTIMATED BUDGETARY REQUIREMENTS: Below are estimates of the fiscal and human resources, if any, that would likely be required in the FY 2004-2005 annual budget in order to implement the goal (rounded to the nearest thousand dollars). These estimates will be refined through the budget development process as more data becomes available and as implementation issues are discussed with Council. Budget Description One -Time Annual Category Costs Costs One-half of salary for Assistant Town $30,000- Manager $40,000 Salaries and Wages Intern $ 4,000 One-half of benefits for Assistant Town $10,000- Frin a Benefits Manager estimated at 33% of sal $13,000 $ 70,000- Contracted Services Consulting services $150,000 Equipment & Other Operating Costs $ 74,000- $40,000- TOTAL $154,000 $53,000 OTHER PERTINENT INFORMATION REGARDING IMPLEMENTATION: PERFORMANCE MEASURES: • Adherence to timeline/schedules ■ Community support of implementation plans as indicated by the passage of any ballot measure(s) that may be subsequently authorized by the Town Council • Town Council's adoption of the community strategic plan and the implementation of its prioritized recommendations ■ Level of public support — web site survey votes ■ Consistency between community surveys and what focus groups say (validity of input) ■ Consistency of surveys with what focus groups say (validity of input) Latshaw & Associates Page 26 IMPLEMENTATION PLAN #6 GOAL Prepare, if warranted, a revenue ballot measure that is consistent with the findings and recommendations of the community strategic plan, no earlier than May 2005. OBJECTIVES: ■ Passage of ballot measure, if approved by Town Council ■ Inform the silent majority on government issues (community buy -in) ■ Determine community wants ■ Broaden community participation ■ Generate high voter turnout for election • Provide accurate information that is trusted by the public ■ Create a more diversified revenue base ■ Ensure the long-term quality of the Town ■ Provide a financial analysis reflecting the financial position of the Town at build -out POTENTIAL IMPLEMENTATION ISSUES TO BE ADDRESSED: Potential split council ■ Other ballot measures have failed in the past ■ Timing — legal deadlines ■ Lack of staff expertise to develop and provide clear and factual public information ■ Staying neutral — advocacy versus education Latshaw & Associates Page 27 in MAJOR ACTION STEPS Beginning Month Ending Month Submit budget request for ballot measure costs Aril 2004 June 2004 Recruit/hire Public Information Officer July 2004 November 2004 Complete strategic plan November 2004 November 2004 Issue a factual analysis to the public containing financial projections of the Town at build -out (source/use of funds) December 2004 December 2004 Conduct financial analysis of community wants/needs December 2004 December 2004 Present revenue ballot issue to Town Council January 2005 January 2005 Town attorney drafts ballot measure (if directed to do so) January 2005 January 2005 Public hearing and Town Council decision on whether to approve ballot measure January 2005 January2005 Town Attorney files ballot measure with County January 2005 January 2005 Citizen committee provides pros and cons public information January 2005 March 2005 Election May 2005 May 2005 POLICY ISSUES THAT TOWN COUNCIL WILL NEED TO ADDRESS: ■ Whether to place a revenue measure on the 2005 ballot PRIMARY RESPONSIBILITY FOR IMPLEMENTATION: ■ Town Manager/Public Information Officer SUPPORT TEAM: ■ Town Council — garner community support for any ballot measure(s) that may be authorized ■ Town Attorney — prepare of ballot measure (if directed to do so) ■ Accounting Supervisor — prepare financial estimates of revenue needs ■ Director of Parks, Recreation and Community Center — assist in preparing public information materials ■ Recreation Department Executive Assistant — assist in preparing public information materials ■ Public information officers from County Sheriff s Office and Rural Metro Fire Company — assist with development of public information Latshaw & Associates Page 28 ESTIMATED BUDGETARY REQUIREMENTS: Below are estimates of the fiscal and human resources, if any, that would likely be required in the FY �W 2004-2005 annual budget in order to implement the goal (rounded to the nearest thousand dollars). These estimates will be refined through the budget development process as more data becomes available and as implementation issues are discussed with Council. Budget Description One -Time Annual Category Costs Costs See note below under "Other Pertinent Salaries and Wages Information" Fringe Benefits Contracted Services County invoice for ballot measure costs $ 20,000 Equipment & Other Paper/postage for pros and cons public Operating Costs information $ 20,000 TOTAL $ 40,000 $ 0 OTHER PERTINENT INFORMATION REGARDING IMPLEMENTATION: ■ Requires Public Information Officer to successfully implement this goal. The costs of approving this new position are reflected in the goal pertaining to the development of a comprehensive public information program. PERFORMANCE MEASURES: ■ Accuracy of letters to the editor ■ Number of letters to the editor that support versus oppose revenue ballot measure ■ Voter turnout ■ Local newspaper's editorial support ■ Comparative analysis (level of support for this revenue ballot measure in comparison to the two previous ballot measures) ■ Public attendance at Town Council meeting where revenue ballot measure is discussed ■ Requests for information and number of web site hits regarding ballot measure Latshaw & Associates Page 29 IMPLEMENTATION PLAN #6A GOAL Prepare, if warranted, a revenue ballot measure that is consistent with the findings and recommendations of the community strategic plan, no earlier than May 2006. OBJECTIVES: ■ Passage of ballot measure, if approved by Town Council ■ Inform the silent majority on government issues (community buy -in) ■ Determine community wants ■ Broaden community participation ■ Generate high voter turnout for election ■ Provide accurate information that is trusted by the public ■ Create a more diversified revenue base ■ Ensure the long-term quality of the Town ■ Provide a financial analysis reflecting the financial position of the Town at build -out POTENTIAL IMPLEMENTATION ISSUES TO BE ADDRESSED: ■ Potential split council ■ Other ballot measures have failed in the past • Timing — legal deadlines ■ Lack of staff expertise to develop and provide clear and factual public information • Staying neutral — advocacy versus education Latshaw & Associates Page 30 MAJOR ACTION STEPS Beginning Month Ending Month Complete strategic plan March 2004 July 2005 Recruit/hire Public Information Officer July 2004 November 2004 Issue a factual analysis to the public containing financial rojections of the Town at build -out (source/use of funds) Aril 2005 May 2005 Submit budget request for ballot measure costs May 2005 May 2005 Conduct financial analysis of community wants/needs July 2005 September 2005 Present revenue ballot issue to Town Council September 2005 September 2005 Town attorney drafts ballot measure (if directed to do so) October 2005 October 2005 Public hearing and Town Council decision on whether to approve ballot measure October 2005 October 2005 Town Attorney files ballot measure with County November 2005 November 2005 Citizen committee provides pros and cons public information November 2005 May 2006 Election I May 2006 May 2006 NOTE: The above schedule provides additional time for financial analysis, Town Council consideration of revenue ballot measure and public information. POLICY ISSUES THAT TOWN COUNCIL WILL NEED TO ADDRESS: ■ Whether to place a revenue measure on the 2006 ballot PRIMARY RESPONSIBILITY FOR IMPLEMENTATION: ■ Town Manager/Public Information Officer SUPPORT TEAM: ■ Town Council — garner community support for any ballot measure(s) that may be authorized ■ Town Attorney — prepare ballot measure (if directed to do so) ■ Accounting Supervisor — prepare financial estimates of revenue needs ■ Director of Parks, Recreation and Community Center — assist in preparing public information materials ■ Recreation Department Executive Assistant — assist in preparing public information materials ■ Public information officers from County Sheriff's Office and Rural Metro Fire Company — assist with development of public information Latshaw & Associates Page 31 ESTIMATED BUDGETARY REQUIREMENTS: Below are estimates of the fiscal and human resources, if any, that would likely be required in the FY 2004-2005 annual budget in order to implement the goal (rounded to the nearest thousand dollars). These estimates will be refined through the budget development process as more data becomes available and as implementation issues are discussed with Council. Budget Description One -Time Annual Category Costs Costs See note below under "Other Pertinent Salaries and Wages Information) Fringe Benefits Contracted Services County invoice for ballot measure costs $ 20,000 Equipment & Other Paper/postage for pros and cons public Operating Costs information $ 20,000 TOTAL $ 40,000 $ 0 NOTE: Costs for proceeding with the revenue ballot measure would be incurred in FY 2005-2006 '%W OTHER PERTINENT INFORMATION REGARDING IMPLEMENTATION: ■ Requires Public Information Officer to successfully implement this goal. The costs of approving this new position are reflected in the goal pertaining to the development of a comprehensive public information program. PERFORMANCE MEASURES: ■ Accuracy of letters to the editor ■ Number of letters to the editor that support versus oppose revenue ballot measure ■ Voter turnout ■ Local newspaper's editorial support ■ Comparative analysis (level of support for this revenue ballot measure in comparison to the two previous ballot measures) ■ Public attendance at Town Council meeting where revenue ballot measure is discussed ■ Requests for information and number of web site hits regarding ballot measure Latshaw & Associates Page 32 IMPLEMENTATION PLAN #7 GOAL Develop a succession plan staffing analysis and appropriate recommendations. OBJECTIVES: ■ Promote professional career development ■ Address staffing vulnerabilities and weaknesses ■ Determine current knowledge, skills and abilities survey ■ Improve employee retention rates ■ Minimize disruptions/maintain continuity of operations ■ Broaden educational development opportunities POTENTIAL IMPLEMENTATION ISSUES TO BE ADDRESSED: ■ Getting and training management to mentor/coach subordinates ■ Financial impact ■ Time required to develop employees ■ Attracting qualified candidates ■ Willingness of employees to seek professional development opportunities Beginning Ending MAJOR ACTION STEPS Month Month Prepare brief budget report on immediate staffing needs for Town Manager's review January 2004 March 2004 Research succession plan development process Aril 2004 May 2004 Meet with departments to explain process and advise of information needs June 2004 June 2004 Refine scope of study and conduct staffing analysis July 2004 September 2004 Prepare and submit report containing appropriate staffing recommendations and accompanying budget estimates to Town Manager October 2004 January 2005 Presentation to Town Council as budget preparations commence February 2005 1 February 2005 Latshaw & Associates Page 33 POLICY ISSUES THAT TOWN COUNCIL WILL NEED TO ADDRESS: ■ Provide the necessary funding to maintain the viability of the succession plan PRIMARY RESPONSIBILITY FOR IMPLEMENTATION: ■ Human Resources Administrator 40 2 03 .0-4 0 #-X. ►i El ■ Accounting Supervisor — assist with analysis work ■ Accountant — assist with research and analysis work ESTIMATED BUDGETARY REQUIREMENTS: Below are estimates of the fiscal and human resources, if any, that would likely be required in the FY 2004-2005 annual budget in order to implement the goal (rounded to the nearest thousand dollars). These estimates will be refined through the budget development process as more data becomes available and as implementation issues are discussed with Council. Budget Category Description One -Time Costs Annual Costs Salaries and Wages To be completed by existing staff Fringe Benefits Contracted Services Equipment & Other Operating Costs TOTAL $ 0 $ 0 OTHER PERTINENT INFORMATION REGARDING IMPLEMENTATION: N/A PERFORMANCE MEASURES: ■ Employee turnover in key positions ■ Cross -training provided to decrease organizational vulnerability ■ Level of employee morale ■ Number of internal promotions Latshaw & Associates Page 34 0 0 N � y 0 0 �a �a �Ma 0 0 N p i C N a H �a �a �Ma 0 N � � Na r.r i �a m o o O o 0 0 0 0 0 o O O o 0 0 00 �So 00 00 00 kn oo V) �O M co 6f3 6fi 60q _M 6f3 6013 69 6H 69 6H 6R rb i 64 69 6A wa C � o0 0 00 oo� 00 0 0 00 6H 609 6H 69 6R 6A 69 69 69 6R 69 69 6�9 u _G eCLI aw = •7a 0) 4) 0.004 ++ CIO CIO C CC N M Rn PERFORMANCE REPORTING PROCESS Following is the reporting process that the Town Manager and management staff will use to keep the Town Council apprised of progress being made on goal implementation and any obstacles that have been encountered. 1. The Town Manager will present quarterly updates to the Town Council on the progress being made on goal implementation as follows: ■ July 2004 (kick-off) ■ October 2004 ■ January 2005 ■ April 2005 ■ July 2005 2. Management staff that are assigned primary implementation responsibility for a goal(s) will submit a written update/status report to the Town Manager two weeks prior to the end of each calendar quarter. The reports will contain a concise summary of the following: �%W ■ General status of the goal ■ Action steps taken this quarter ■ Problems/obstacles encountered that negatively impacted completion of a major action step ■ Details of any additional support or resources required ■ Any required timeline adjustments ■ Other observations/recommendations 3. Notwithstanding the above, management staff with primary implementation responsibility will make every effort to keep the Town Manager and those with secondary responsibility apprised of on -going progress, problems and needs in order to ensure timely implementation. 4. The Town Manager will provide interim reports to the Town Council in the event unforeseen circumstances dictate a change in priorities and/or should other timely information need to be conveyed. Latshaw & Associates Page 36 ATTACHMENTS Labeled as "Attachment 1" is the Pre -Retreat Planning Questionnaire that was distributed to members of the Town Council prior to the Town Council Goal -Setting Retreat. Labeled as "Attachment 2" are the responses Council provided on their Pre -Retreat Planning Questionnaires. For ease of review, the Facilitator sorted the responses into categories. Otherwise, the responses are not listed in any particular order. Latshaw & Associates Page 37 Attachment 1 TOWN OF FOUNTAIN HILLS, ARIZONA TOWN COUNCIL GOAL -SETTING RETREAT Pre -Retreat Planning Questionnaire Please take approximately one hour to carefully consider the questions below from your own individual perspective and complete this questionnaire. You should be as specific and descriptive as possible in responding so that what you are trying to convey will be clear to others. You should also focus on outcomes and results, not solutions. Solutions will be developed at the Department Director Retreat. Please submit your completed questionnaire to Sue Stein no later than Noon on Monday December 29 2003. Your collective responses will be presented at the Retreat. So that we may contact you in the event there is a problem reading your handwriting, please print your name at the bottom of each page of your questionnaire. 1. Community Visioning Questions Take a moment away from noise and distractions to clear your mind. Then let your mind wander freely as you contemplate the community visioning questions listed below. Consider all the possibilities. There are no limitations or "wrong" answers. Use the attached Community Visioning Chart to record your answers. When you are done, go back and place a check mark next to the five (5) most important problems and/or challenges that you believe the Town can realistically address or make significant inroads toward in the next 12 to 18 months. y What do you want the community to ultimately look, feel and/or be like? What are the current problems and/or challenges that can have a detrimental impact on this vision? 2. Organizational Visioning Questions Contemplate the organizational visioning questions listed below. Just like the community visioning exercise you just went through, consider all the possibilities. There are no limitations or "wrong" answers. Use the attached Organizational Visioning Chart to record your answers. When you are done, go back and place a check mark next to the three (3) most important problems and/or challenges that you believe the Town can realistically address or make significant inroads toward in the next 12 to 18 months. What do you want the organization to ultimately look, feel and/or be like? :> What are the current problems and/or challenges that can have a detrimental impact on this vision? 3. Potential Opportunity Questions Goal setting retreats are an ideal time to explore whether any special opportunities loom on the horizon and, if so, how to best take advantage of them. Opportunities are time sensitive. They represent a "fleeting window of opportunity" in which one can address a particular need or issue. Some years present more opportunities than others. Some may have none at all. It depends on the special circumstances that present themselves. For example, major infrastructure repairs/ replacements may present an opportunity for long -desired upgrades or redesigns. A new regional initiative may present an opportunity for participation at a policy level on a critical issue(s) facing the community. An upcoming major land development may present an opportunity for negotiating needed area improvements. Low interest rates may present an opportunity to refinance debt or undertake some important projects. Use the attached Potential Opportunities Chart to list all the opportunities you can think of that may present themselves in the next 12 to 18 months. For each opportunity, list any associated major policy issues or other considerations that should be discussed at the goal -setting retreat. COMMUNITY VISIONING CHART In the first column, describe what you want the community to ultimately look, feel and/or be like. In the second column, list the current problems and/or challenges that can have a detrimental impact on this vision. You are simply being asked to identi problems or challenges, not solutions to solve them. Attach additional sheets if necessary. When you are done, go back and place a check mark in the third column next to the five (5) most important problems and/or challenges that you believe the Town can realistically address or make significant inroads toward in the next 12 to 18 months. Future Vision Description Problems or Challenges That Can Have a Detrimental Impact Top Five Example: Teens will have more unstructured leisure activities available to them in Fountain Hills, e.g., movie theatres, places to "hang out." Example: Attracting businesses to the community to provide the type of activities teens would frequent. Completed by: Date: ORGANIZATIONAL VISIONING CHART In the first column, describe what you want the organization to ultimately look, feel and/or be like. In the second column, list the current problems and/or challenges that can have a detrimental impact on this vision. You are simply being asked to identi problems or challenges, not solutions to solve them. Attach additional sheets if necessary. When you are done, go back and place a check mark in the third column next to the three (3) most important problems and/or challenges that you believe the Town can realistically address or make significant inroads toward in the next 12 to 18 months. Future Vision Description Problems or Challenges That Can Have a Detrimental Impact Top Three Example: The organization's institutional knowledge and depth of experience has been secured through appropriate staff succession planning. Example: We presently have few "back-ups" being groomed for some of our key organizational positions. Completed by: Date: POTENTIAL OPPORTUNITIES CHART In the left column, list all the opportunities you can think of that may present themselves in the next 12 to 18 months. In the right column, list any associated policy issues or other considerations that should be discussed at the goal - setting retreat. Description of Potential Opportunity Associated Policy Issues or Other Considerations Example: A parcel next to the library that might allow the Town to meet the demand for more parking is on the market. Example: Is parking the highest and best use of the parcel? Completed by: Date: Attachment 2 TOWN COUNCIL RESPONSES COMMUNITY VISIONING CHART Future Vision Description Problems or Challenges That Can Have a Detrimental Imnart General Atmosphere Fountain Hills should continue to provide the best Council to set policies directed at achieving quality of life to its residents by Town proposed goals. The most professional levels of Government, ensuring a safe, fiscally Law Enforcement and Fire Protection services are conservative and environmentally sound key to a safe environment. Advanced planning for principles open space should be part of the agenda. Affordable housing for all — seniors, families, singles Friendly, helpful people supporting each other What is being done to unify the Town? (Town Peace!) Attractive and welcoming to residents and visitors Promoting the Town of Fountain Hills as a safe Annexation plans could lessen "small town" and beautiful, "small town" community, with a feeling ✓ vibrant/tourist-friendly downtown Fountain Hills will come to acceptance of its Town revenue/taxation structure primary identity — a bedroom community ✓ Schools that challenge and inspire scholastic achievement and provide athletic opportunities Community Involvement/Communication Develop a plan to engage the large number of voters (9,000 approx) who didn't vote during past ✓ election. Make this a top priority! Determine and carefully examine the current Challenge is to include and challenge them to V/ values that residents, government officials, staff become involved. and "outsiders" have about Fountain Hills. Expand the value process to include 9,000 citizens that are "excluded" from being interested and/or participation from those residents. Establish a working group of community individuals who have not been participating in past years. Reach out to new residents, e.g., advertise in the local paper and on Channel 11. We need new blood — not the "movers and shakers." A key component is to hire a Public Information Together, with the Town Manager, who should be Officer at the earliest time possible. This staff more marketing oriented, and some Council person is vital for our Town to prosper in a members, the Town can deliver a strong message positive direction. and package to attract and maintain a healthy business base. Unless downtown businesses survive and become healthy, Fountain Hills will always remain static. Town of Fountain Hills Page 1 of 8 January 2004 Finances Diversify revenue source Town too dependent on sales tax and keeps looking at this form; residents have rejected property tax twice; businesses are suffering from too much sales tax Stabilize utility issues such as water and sewer Private or District run services Community groups want Town budget monies We need to become more dynamic, take risks and get out of the psychological and financial hole we're facing. Public Safety Fire protection services Rural Metro future V/ Provide for Town operated Fire and Police Identify revenue source and acquire buy -in by ✓ services if through District or government -run Rural Metro and the Sheriff Rural Metro/Fire Service long-term plan Public safety coordination / Public Safety Commission Safer streets Indirect control V/ Town Facilities New Town offices Current landlord Constructing new Town Hall downtown ✓ Town hall/senior center Cost ✓ Open Space Preservation The Town will set aside additional open space or Business interests are sometimes near-sighted retire mountain bonds early to cut the sales tax and can't see that preservation is good for rate property values and business stimulus * Current council can give its approval to bond retirement (after 11 years). Annex trust land Decision by State ✓ Develop plan for future sale and development of State Trust land department is under pressure to ✓ State Trust Land raise funds for education by the current administration Work constructively to annex for Lots of work involved preservation/development Town of Fountain Hills Page 2 of 8 January 2004 Business and Economic Development Formulate a downtown area that is both inviting Residents are slow to agree on the look and feel. V/ and hometown No consensus. Themed downtown We do not own land and cannot dictate decision Successful businesses and restaurants No economic development at Town level ✓ Getting businesses into downtown Fewer commercial vacancies Need new businesses ✓ Attractive Avenue of the Fountains Lack of funds ✓ $ $ $ for Avenue of the Fountain development Movie theater Not economically feasible; no available location Moderate tourist attraction Costs; going too far ✓ A stronger and unified effort should be made to It appears to me and others that, unless the great work with the Fountain Hills Chamber of fairs are part of the yearly plan, little or no Commerce connection takes place. Market heavily the Fountain Hills Community Theater. Again, to bring customer base to ✓ Fountain Hills businesses. By marketing the Theater who brings 27% of their customers from Scottsdale and other neighboring cities and the building of the performance pad which will bring additional retail sales — downtown will prosper Design permanent sign package Merchant wishes Infrastructure Maintenance/Development Issues Maintain natural beauty of area through final Water issue ✓ stages of development Current water shortage Well -maintained roads and Town -owned facilities Streets are continuously neglected ✓ Provide connected sidewalk system for Fountain Easements and long-term planning along with Hills funding not identified. Town of Fountain Hills Page 3 of 8 January 2004 Parks and Recreation Programs and Facilities Provide promised Senior Activity Center Attract grants for separate building. No budget for support staff. Fountain Hills' government will focus on Business interests will likely vie for Town dollars evening/weekend facilities/activities reflecting its for tourism, etc., thus competing with the needs of ✓ bedroom -community status, i.e., performance pad citizens at Fountain Lake and a community swimming pool and other such amenities. Skate park NIMBY ✓ Recreation programs, activities and facilities for all Cost and/or policy decisions by council/staff in ages budget Town Lake development Lack of funds ✓ Prioritize the building of a performance pad at Fountain Lake to bring customer base to Fountain ✓ Hills' businesses. This project should be given #1 planning priority. Plan and provide Town programming for Money and utilization of local talent hasn't been budgeted Fountain Park Amphitheater researched Improved athletic fields Lack of property/funds Trail system NIMBY Finish park system $ $ $ $ Clean, safe parks for active and passive uses Finish current park system for the Town and There is very little property available other than acquire more park acreage unused school property More things for teens Lack of movie theater/mall Provide youths with Town facilities Skate park on hold and facilities for such amenities as swimming pool not identified. ✓ Town of Fountain Hills Page 4 of 8 January 2004 TOWN COUNCIL RESPONSES ORGANIZATIONAL VISIONING CHART Future Vision Description Problems or Challenges That Can Have a netrimPntal lmnnr4 General Government Services The Town will provide all vital services — no contracts Cost to buy the water company and politics — which includes police, fire, sewer and water. involving take-over of sanitary services Charter government Need to study issue ✓ Strategic plan Lack of funds Public safety commission Lack of council direction The Town cannot continue to absorb public safety Rural Metro future service is questionable costs with current revenue sources Foot and bicycle patrol for downtown area with ability Vehicular traffic a deterrent and plan for to access current community information for citizens downtown area not in place Cost effective fire, if Rural Metro leaves Lack of consensus ✓ Activities for fall through spring provided from Parks Staffing short and funding low. Morale needs a and Recreation personnel boost. Town Facilities Town hall that has been well thought out; planned for $ $ $ ✓ the future Revenue source(s) Centralized area for information with inviting No funding for information officer and low morale atmosphere and personnel for employees ✓ Customer Service/Communication Improved customer satisfaction in building (division) Current mood of relationship; complexity of task V/ performed by them; unrealistic expectations by builders Re -work Government Channel 11 so that it has No staff or funding. Lack of a joint effort from the inviting programs community Finances Cost effective government Some anti -contracting sentiment Need additional sources of revenue ✓ Town of Fountain Hills Page 5 of 8 January 2004 Organizational Development/Staffing Town leaders that plan for the future with fiscal No strategic plan yet responsibility, backed by a friendly, dependable and knowledgeable staff Develop a back-up plan to replace, if necessary, key Town employees such as the Town Manager and ✓ direct reports in case they move to other fields or are replaced by the Town Council or Town Manager. Need good "second in command" Assistant Town Manager/Public Safety Coordinator Proper staffing levels Avoiding padding; $ $ $ ✓ Need full staffing in Public Works and less turnover Improve performance of building/engineering function Staffing/experience ✓ Staff cuts have resulted in an on -going decline in maintenance and services and will catch up in the long run Attract and retain employees Budget; low morale ✓ Cross training of department employees Under -staffed and lack of incentives for multi- tasking Grant writer for future funding needs Funds for personnel not identified. ✓ The Town will add a public information position and Lack of understanding of the public information hire said person function. Improve employee morale Communication between department heads and departments not filtering down to the ✓ subordinates. Lack of emotional support. Adopt a new/current pay scale and job resolution Waiting on staff — are job descriptions current and equitable? Town of Fountain Hills Page 6 of 8 January 2004 TOWN COUNCIL RESPONSES POTENTIAL OPPORTUNITIES CHART Description of Potential Opportunity Associated Policy Issues or Other Cnncirinrnfinnc Business and Economic Development Economic Development (Comm./Dir./Revenue) Staff resistance to more commissions; What will Downtown Dev. Director do? Sales tax New tourist opportunities Government role in private sector Improved working relationship with Chamber to recognize goals Avenue of the Fountain median How to integrate into surrounding and other business areas Public Safety The re-creation of a fire district would free up $2-5 million +/- for services Realistic or not? Cost may escalate for fire if district doesn't form Municipal Fire Department or merge with another department/district Cost to maintain services with Rural Metro Subscription service from Rural Metro Formation of a Public Safety Commission — citizen input needed, especially in view of fire and police contracts. No cons. Finances Refinance debt Return Fountain to previous schedule Money allocation Proposition 202 revenue grant requests What are we waiting for? What will we ask for? Why aren't we talking about it? Revenue enhancements How to balance services to the community Review and support grants for the senior services Federal and state governments may be limited in the available dollars for grants Tribal grants to add to Town's coffers Need policy and plan to yield highest dollars Town Facilities Town hall Good idea or not at this time? Open Space Preservation Develop plan for the State Trust Land in coordination with state and local governments State may be under pressure to sell. State land annexation process What will happen with the State Land Department?; new Town Council; water State land development Acquire new park lands from school district District may have other plans or may be restricted from giving title of its land over to the Town without an auction. Town -owned land not needed or being used Use after sale Town of Fountain Hills Page 7 of 8 January 2004 Infrastructure Maintenance/Development Issues Finance street repair project Plan for the widening of Shea Boulevard with the use of Proposition 202 Funds Tribes have control of what funding source their 202 money can be used for. Create a destination at Fountain and Avenue of the Fountains Cost — tourism dollars Parks and Recreation Programs and Facilities Park completions Does the Town have the funds and grant -writers available to complete as scheduled? Develop a concert program for our new amphitheater. Limited funds and no outlet for local talent. Town of Fountain Hills Page 8 of 8 January 2004 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting Date: 3/4/04 Contact Person: Tim Pickering Requesting Action:® Tyne of Document Needing AUproval (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 Anmromiate Areas): ❑ Education ❑ Public Fitness ❑ Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report onl.VE-1 ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ® Finance Regular Agenda Wording: CONSIDERATION of RESOLUTION 2004-08 adopting the Town of Fountain Hills' policy and procedure for Proposition 202 funding. Staff Recommendation: Approve Fps AUMpOct Yes `rw. Purpose of Item and Background Information: Because the Town will be facilitating the Proposition 202 funding process through the Town's books, it will be necessary to develop methods and policies with respect to procedures to be applied to such funds. Prior to proceeding with the steps necessary to develop the administrative mechanism for Prop 202 funding, it is necessary that staff receive your policy direction with respect to the role the Town will play in the process. The attached policy has been written so that the Town accepts all proposals for funding before they are submitted to an Indian Community. Once a policy is adopted by the Council, both Indian Communities will be sent a copy for their files and an administrative procedure will be finalized. List All Attachments as Follows: Resolution 2004-08, policy and procedures Type(s) of Presentation: oral Signatures of Submitting Staff: Department Head Budget Review (if item not budgeted or exceeds budget amount) Town Manager / Designee ` c:\documents and settings\bbender.puttland\local settings\temporary internet files\olk7a\agenda cover sheet prop202.doc RESOLUTION NO. 2004-08 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS POLICY AND PROCEDURES FOR PROPOSITION 202 FUNDING. WHEREAS, Proposition 202 funds may be solicited by cities, towns and counties from Arizona Indian Tribes for government services that benefit the general public, including (i) public safety, (ii) mitigation of the impacts of gaming and (iii) promotion of commerce and economic development; and WHEREAS, various entities have requested that the Town of Fountain Hills (the "Town") solicit Proposition 202 funds on their behalf; and WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") has determined that it is in the best interests of the citizens of the Town to establish written policies to create a uniform application process for procurement of Proposition 202 funds on behalf of various entities; and WHEREAS, the Town Council desires to establish a policy and procedures for Town - based, non-profit organizations to submit proposals requesting Proposition 202 funds. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the "Town of Fountain Hills, Arizona, Policy and Procedures for Proposition 202 Funding" is hereby adopted in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Town Manager , the Town Clerk and the Town Attorney are is hereby authorized and directed to take all steps necessary to ensure that the Town of Fountain Hills Policy and Procedures for Proposition 202 Funding is implemented and applied to all requests for Proposition 202 funding. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 4, 2004. FOR THE TOWN OF FOUNTAIN HILLS: li W. J. Nichols, Mayor REVIEWED BY: Timothy G. Pickering, Town Manager 9196.001\ A200408 Pmp 202 Policy.ms.doc 2-26-OS-1 ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney TOWN OF FOUNTAIN HILLS, ARIZONA POLICY AND PROCEDURES �i FOR PROPOSITION 202 FUNDING In order to secure for the Town of Fountain Hills, Arizona (the "Town") the benefits of the Indian Self Reliance Initiative ("Prop. 202") passed by the Arizona voters in the 2002 state general election and codified in ARIZ. REV. STAT. § 5-601.02, and to promote the best interests of the Town, the following Policy and Procedures for Prop. 202 Funding (this "Policy") is hereby adopted by the Mayor and Council of the Town (the "Town Council"). Under ARIZ. REV. STAT. § 5-601.02, Prop. 202 funds may be solicited by cities, towns and counties from Arizona Indian Tribes for government services that benefit the general public, including (i) public safety, (ii) mitigation of the impacts of gaming and (iii) promotion of commerce and economic development. Because the legislation requires that the funds be solicited by a municipality or county, the Town has been approached by various entities requesting that Prop. 202 funds be procured on their behalf. Accordingly, the Town Council has established the following Policy to create a uniform proposal process for such entities. ARTICLE 1. General Policies 1.1 Qualified Entities. The Town will only accept and process proposals for Prop. 202 Funds made by itself or by Town -based, non-profit organizations ("Qualified Entities"). Qualified Entities may submit such proposals to the Town, requesting funds from either Fort McDowell Yavapai Nation ("Ft. McDowell") or the Salt River Pima-Maricopa Indian Community ("Salt River Pima"). The Town will not accept proposals from Qualified Entities requesting Prop. 202 funds from any other Arizona Indian Tribe, nor will the Town process proposals that are submitted to Ft. McDowell or Salt River Pima prior to being submitted to the Town. 1.2 Discretion Retained by Town Manager. The decision to process a Qualified Entity's proposal shall be retained by the Town Manager, or his designee, subject to the application of sections 1.3 and 1.4 of this Article. 1.3 Town as Applicant. If, in any given quarter, the Town submits a proposal for Prop. 202 funds from either Ft. McDowell or Salt River Pima, it will not process proposals from Qualified Entities for that particular quarter if the applicant is requesting funds from the same tribe as the Town. Such Qualified Entities may request that the Town hold their proposals for processing in a future quarter in which the Town is not an applicant. 1.4 Preferred Fund Use Schedule. Where multiple Qualified Entities have submitted proposals for Prop. 202 funds for the same quarter from the same tribe, the proposals shall be processed in accordance with the following schedule of preferred fund uses: a. Public safety; M d. Estimated Costs. The Qualified Entity shall indicate the dollar amount being requested from the tribe including a detailed budget. Additionally, the Qualified Entity should provide any supporting documentation demonstrating that the amount requested is directly related to the use proposed. e. Information Requested by the Tribe. In the event that the tribe has issued a solicitation of proposals that requests information not specifically required by this Article, the proposals must include that information as well. 2.3 Incomplete Proposals. Incomplete proposals will not be processed. 9196.001\Prop. 202 policy.v2.doc 2-27-04-1 L-1 3 Town of Fountain Hills Town Council Agenda Action Form Meeting Type: Regular Meeting Submitting Department: Town Manager Consent:❑ Regular:® Meeting Date: 3/4/04 Contact Person: Tim Pickering Requesting Action:® Tvne of Document Needing ADUroval (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: DISCUSSION Council Prioritv (Check Annromiate Areas): ❑ Education ❑ Public Fitness ® Public Safety ❑ Community Activities ❑ Public Works ❑ Human Service Needs ❑ Town Elections ❑ Community Development Report Only:❑ ❑ Ordinance ❑ Special Event Permit ❑ Acceptance ❑ Plat ❑ Library Services ❑ Economic Development ❑ Parks & Recreation ❑ Finance Regular Agenda Wording: CONSIDERATION of RESOLUTION 2004-07 establishing a Public Safety Commission and discussion with possible action on the town manager's recommendation of new position to be established. . Staff Recommendation: Approve Fiscal Impact: Yes $ Purpose of Item and Background Information: List All Attachments as Follows: Resolution 2004-07 and job descriptions Type(s) of Presentation: oral Signatures of Submitting Staff: Department Head-,..-.-- 21 .a PJ Town Manager Designee Budget Review (if item not budgeted or exceeds budget amount) c:\documents and settings\bbender.puttland\local settings\temporary internet files\o1k7a\agenda cover sheet pubsafetycomm.doc JORDEN BISCHOFF MCGUIRE r.. & ROSE P.L.C. LAW OFFICES MEMORANDUM TO: Mayor and Town Council Town Manager FROM: Andrew J. McGuire, Town Attorney DATE: February 26, 2004 SUBJECT: Public Safety Commission 7272 E. INDIAN SCHOOL ROAD, SUITE 205 SCOTTSDALE, ARIZONA 85251 TELEPHONE: 480-505-3900 FACSIMILE: 480-505-3901 ANDREW J. MCGUIRE DIRECT LINE: 480-505-3905 e-mail: amcguire@jordenbischoff.com For your consideration and possible approval on the March 4, 2004, agenda are three different alternates of a resolution forming a public safety commission. Because the membership/qualifications issue lacked consensus after the last meeting, I have created three alternate resolutions which I will explain briefly below. The alternates are provided for ease of Council deliberations only and can be amended or changed in any way that the Council sees fit at the meeting on March 4. The differences between the three alternate forms of the resolution are related solely to the membership and composition of the commission. The remaining portions of all three resolutions are identical. The membership provisions in the three alternate versions are summarized as follows: Alternate A: Seven -member body consisting of Town residents, with no quotas with respect to the background of the members. Alternate B: Seven -member board with five members being appointed citizens and two members serving in an ex-officio capacity, one from the Fire Department and one from the Law Enforcement Department. Under this version the citizen members of the committee would include two members with extensive experience in government law enforcement, two members with extensive experience in government fire/emergency medical services and one member with extensive experience in government emergency management services. Alternate C: Nine -member board with seven Town residents and the two ex-officio members from the Fire Department and the Law Enforcement Department. Citizen members would include at least two members with government law enforcement experience, at least two members with government fire/emergency medical services experience and at least one member with experience in government emergency management services. 9196.001\..\2004-07.staff rpt.doc 2-26-04 Mayor and Council Public Safety Commission February 26, 2004 Page 2 As always I will be happy to answer any questions you might have either prior to or during the Council meeting. If your questions might require further staff research or analysis, please let me know as soon as you can so that we may be prepared to fully answer all of your questions at the Council meeting on March 4. 9196.001\..\2004-07.staff rpt.doc 2-26-04 2 TOWN OF FOUNTAIN HILLS Office of Town Manager INTER OFFICE MEMO TO: The Honorable Mayor Nichols and Council DT: February 27, 2004 FR: Tim Pickering, Town Manager RE: Job Description recommendation As the Council may recall, during our discussion of the Public Safety Commission on December 18, 2003, the Council directed the Town Manager to provide two job descriptions having to do with the position outlined in the original public safety resolution passed in April 2003. Attached please find descriptions for a part-time emergency management coordinator and a full-time assistant town manager position. I recommend approval of the assistant town manager position. The part-time emergency management coordinator position would satisfy the original public safety resolution passed in April, 2003. However, this position falls quite short on addressing many of the needs identified in our recent Council retreat, including those organizational needs identified during our succession plan discussion. As you can read in the essential functions section of the assistant town manager job description, ' %w this position would not only perform the duties of staffing the public safety commission, assisting in negotiating public safety contracts, and managing and coordinating emergency management efforts, but also would help: • coordinate the community strategic plan; • draft the operational contingency plan for fire service; • write and administer grants; • handle legislative affairs; • institute employee training and leadership programs; and • develop benchmarking comparisons to other Towns. If we were going to invest in recruiting and training costs for a position, I would recommend we add a position that is truly needed. We have budgeted $75,900 in our current FY 2003-2004 budget for a full time position including benefits. According to the Arizona League of Cities and Towns 2004 annual salary and benefit survey, the average assistant town manager salary for cities of our population category is $82,500. As we are over halfway through our budget for the fiscal year, our budget could handle such a salary. A motion would be needed to approve the job description. Should you have any questions, please do not hesitate to contact me. C: Joan McIntosh, Human Resources Administrator Tpickering/tgp/my documents/assttownmgr.doc/2/27/04 FOUNTAIN HILLS, ARIZONA Job Description Naw Job Title: Pt -Time Emergency Management Coordinator Department: Administration Immediate Supervisor: Town Manager FLSA Status: Non -Exempt BRIEF DESCRIPTION OF THE JOB: Serves as the Town's liaison on emergency preparedness issues, coordinating training programs and emergency operations drills, and assisting departments with their emergency and mitigation plans, response and recovery activities. Assists in evaluating emergency service contracts. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength C ... ESSENTIAL FUN TI NS " 1 S Manages the daily activities and coordination of Town's emergency management program and services 2 L Provides or coordinates training and instruction in disaster preparedness, emergency operations and procedures with State and regional emergency management programs, orientations, drills and exercises. Develops table top exercises and off -site drills to re are for emergencies. 3 S Administers the Emergency Management Program budget, supplies, grants and reporting compliance requirements. 4 S Initiates, develops and delivers public outreach and awareness campaigns, public service announcements and media releases for emergency and non -emergency information. Develops marketing materials, pamphlets, brochures and instruction manuals on emergency awareness, preparedness and safety procedures. 5 S Assists in reviewing, evaluating and negotiating contracts for emergency services (police, fire, medical, and animal control). 6 S Serves as liaison to state emergency management agency (ADEM) and Maricopa County Emergency Management Agency. Staffs public safety commission meetings. Any and all other duties as assigned by Town Manager. * See page 3 — Overall Physical Strength Demands Revised 2/27/04 FOUNTAIN HILLS, ARIZONA Job Description JOB REQUIREMENTS: JOB S .. . Formal Education / Work requires specialized knowledge in a professional or technical field. Knowledge Knowledge is normally acquired through two years of college resulting in an Associate's Degree in Emergency Management or related field Experience Five (5) years emergency planning and disaster operations experience. Certifications and Valid Arizona Operator's Driver's License. Other Requirements Required to live within fifteen (15) miles of Town limits. ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read contracts, budgets, grant applications, audits, Council reports, and various correspondence Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division as well as governmental accounting and finance. Writing Work requires the ability to write documents, letters, proposals, press releases, and general correspondence. Managerial Planning responsibilities include meeting objectives and deadlines, facilitating meetings for planning purposes, scheduling daily tasks. Budget Responsibility Does research for documents, compiles data for computer entry. Has responsibility for monitoring budget expenditures for work unit. Supervisory / Job has no responsibility for the direction or supervision of others. Must be able to Organizational Control work closely and coordinate with Town law enforcement and fire services. Complexity Work is governed by specific instructions, objectives, and policies. Work requires the exercise of considerable initiative and independent analytical and evaluative judgement. Interpersonal / Human Working with various state and federal agencies and associated work committees may be Relations Skills required of the employee. Customer service and public relations practices and rocedures. Revised 2/27/04 FOUNTAIN HILLS, ARIZONA Job Description OVERALL PHYSICAL STRENGTH DEMANDS: ❑ Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L=Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 100 lbs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. requires walking or standing to a significant degree. PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely N = Never 2/3 or more of the time From 1/3 to 2/3 of the time I Up to 1/3 of the time I Less than 1 hour per week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS FREQUENCY CODE DESCRIPTION Standing 0 Meetings Sitting C Deskwork, meetings, driving Walking R To and from other departments/offices Lifting R Files and office supplies Carrying R Files, office supplies, books, boxes -Pushing/Pulling R Doors -Reaching R For supplies and files, telephone -Handling R Paperwork Fine Dexterity F Computer keyboard, calculator, telephone keypad, writing Kneeling R Crouching N Crawling N Bending R Files Twisting N Climbing R Stairs Balancing N Vision C Reading, computer monitor, driving, observing work activities Hearing C Communicating with personnel and general public Talking C Communicating with personnel and general public Foot Controls O Driving Revised 2/27/04 FOUNTAIN HILLS, ARIZONA Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: ENVIRONMENTAL FACTORS: D = Daily W = Several M = Several S = Seasonally N = Never Times Per Week I Times Per Month I 1 ::1 HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical N Extreme S Hazards Temperatures Chemical Noise and Hazards N Vibration N Electrical Hazards N Wetness/Humidity N Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable Diseases N Physical Danger or N Abuse Other (see 1 Below) N (1) (2) PROTECTIVE EQUIPMENT REQUIRED: 1%w None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors Recreation Center Other (see 2 Below) C = Continuously F = Frequently O = Occasionally R = Rarely I N = Never 2/3 or more of the time From 1/3 to 2/3 of the time I Up to 1/3 of th I Less than 1 hour per week I Never occurs (3) Revised 2/27/04 FOUNTAIN HILLS, ARIZONA Job Description SIGNATURES -REVIEW AND COMMENT: I have reviewed this job analysis and its attachments and find it to be an accurate description of the demands of this job. Job Title of Supervisor Job Title of Department Head Signature of Employee Signature of Supervisor Signature of Department Head Signature of Town Manager Date Date Date Date The above statements are intended to describe the general nature and level of work being performed by individuals assigned to this job. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required of personnel so classified in this position. This job description is subject to change as the needs and requirements of the job change. Enter Legend line here. author\typist\drive\folder\document name\date Revised 2/27/04 5 FOUNTAIN HILLS, ARIZONA Job Description *40.. Job Title: Assistant Town Manager Department: Administration Immediate Supervisor: Town Manager FLSA Status: Exempt BRIEF DESCRIPTION OF THE JOB: Performs a variety of highly complex administrative and managerial duties required to direct the operations of the Town Manager's Office. Assists the Town Manager in overseeing the daily operations of the Town. Serves as acting Town Manager in incumbent's absence. ESSENTIAL FUNCTIONS: This information is intended to be descriptive of the key responsibilities of the position. The following examples do not identify all duties performed by any single incumbent. Physical Strength ESSENTIAL FUNCTIONS ". Code 1 S Manages Town Manager's office staff by overseeing daily activities and personnel, performing budgetary duties, and planning staff schedules. 2 S Coordinates with department director department activities and workloads, including budgeting, project management, planning, personnel direction, and oversight as necessary. Works closely with Human Resources office to institute employee training and leadership development programs. Analyzes budget for cost saving measures and revenue enhancements. 3 S Identifies, plans, produces and administers all grant -related functions. Handles legislative affairs. 4 S Identifies methods to maximize community, Council and employee involvement to improve Town service delivery and determines appropriate service levels and cost containment levels. Develops efficiency measurements for all departments and benchmarking comparisons to other Towns and Cities. 5 S Performs other duties as assigned by managing special projects for the Town Manager, such as coordinating community strategic plan process, operational contingency plan for fire service, handling cable franchise negotiations, economic impact analyses, Council re orts, chairing meetings, and acting in Town Manager's place when needed. 6 S Ongoing duties include staffing public safety commission meetings, coordinating all emergency management programs and services with local, regional, and state emergency management agencies. Any and all other duties as assigned by Town Manager. * See page 3 — Overall Physical Strength Demands Revised 2/27/04 FOUNTAIN HILLS, ARIZONA Job Description JOB REQUIREMENTS: �JOB REQUIREMENTS Formal Education / Work requires specialized knowledge in a professional or technical field. Knowledge Work requires professional level of knowledge of a discipline equivalent to that which is acquired in a Masters Degree -level of study. Experience Over five years experience as a department head or Assistant City Manager Certifications and Valid Arizona Operator's Driver's License Other Requirements ** Equivalent combinations of experience and training that meet the minimum qualifications may be substituted. Reading Work requires the ability to read memos, contracts, budgets, audits, Council reports, and various correspondence. Math Work requires the ability to perform general math calculations such as addition, subtraction, multiplication and division as well as governmental accounting and finance. Writing Work requires the ability to write press releases, newsletters, requests, daily reports, memos, and general correspondence. Managerial Planning responsibilities involve coordinating and assigning work schedules and duties of employees, overseeing construction projects, and planning associated with Town and ca ital budget preparation. Budget Responsibility The incumbent has responsibility for final approval of budgetary recommendations to the Town council and monitors progress toward fiscal objectives and adjusts plans as necessary to reach them. Supervisory / Work requires managing and monitoring work performance of senior department Organizational Control managers including evaluating program/work objectives and effectiveness, establishing broad organizational goals and realigning work and staffing assignments for the department. Complexity Work is of the broadest scope dealing with highly complex concepts and issues of great important to the Town. Highly important policies, procedures or precedents are a roved or rejected by individuals in this classification. Interpersonal / Human The incumbents in this position contact others within the organization. These contacts Relations Skills may involve similar work units or departments within the Town such as Human Resources and Finance which may be involved in decision making or providing approval or decision making authority for purchases or projects. In addition, these incumbents work with individuals outside the Town who may belong to professional or peer organizations. Working with various state and federal agencies may also be required of the employee. Vendors and suppliers may also be called upon for information on purchaes, supplies or products. Meetings and discussions may be conducted with customers, brokers and sales representatives. Revised 2/27/04 FOUNTAIN HILLS, ARIZONA Job Description OVERALL PHYSICAL STRENGTH DEMANDS: ❑ Sedentary ❑ Light ❑ Medium ❑ Heavy ❑ Very Heavy S=sedentary L--Light M=Medium H=Heavy VH=Very Heavy Exerting up to 10 lbs. Exerting up to 20 lbs. Exerting 20-50 lbs. Exerting 50-100 lbs. Exerting over 1001bs. occasionally or negligible occasionally, l0lbs. occasionally, 10-25 lbs. occasionally, 25-50 lbs. occasionally, 50-100 lbs. weights frequently; sitting frequently, or negligible frequently, or up to 10-20 frequently, or up to 10-20 frequently, or up to 20-50 most of the time amounts constantly OR lbs. constantly. lbs. constantly. lbs. constantly. requires walking or standing to a significant degree. PHYSICAL DEMANDS: C = Continuously F = Frequently O = Occasionally R = Rarely I N = Never 2/3 or more of the time From 1/3 to 2/3 of the time I Up to 1/3 of the time Less than 1 hour per week I Never occurs This is a description of the way this job is currently performed; it does not address the potential for accommodation. PHYSICAL DEMANDS -Standing FREQUENCY CODE 0 DESCRIPTION Meetings -Sitting C Deskwork, meetings, driving Walking R To and from other departments/offices -Lifting Carrying R Files, office supplies, books, boxes Pushing/Pulling -Reaching R For suppies and files, telephone -Handling Fine Dexterity 0 Computer keyboard, calculator, telephone keypad, writing Kneeling Crouching Crawling Bending Twisting Climbing -Balancing Vision C Reading, computer monitor, driving, observing work activities -Hearing C Communicating with personnel and general public -Talking C Communicating with personnel and general public Foot Controls 0 Operating vehicles Revised 2/27/04 FOUNTAIN HILLS, ARIZONA Job Description MACHINES, TOOLS, EQUIPMENT, AND WORK AIDS: Copy machine, fax machine, telephone, calculator, general office supplies, printer, coputer and related sofrware ENVIRONMENTAL FACTORS: D =Dail W = Several M = Several y Times Per Week Times Per Month I S = Seasonally N = Never HEALTH AND SAFETY ENVIRONMENTAL FACTORS Mechanical Extreme Hazards N Temperatures N Chemical Noise and Hazards N Vibration N Electrical Hazards N Wetness/Humidity N Fire Hazards N Respiratory N Hazards Explosives N Physical Hazards N Communicable Diseases N Physical Danger or N Abuse Other (see 1 Below) N (1) (2) PROTECTIVE EQUIPMENT REQUIRED: `. None NON-PHYSICAL DEMANDS: PRIMARY WORK LOCATION Office Environment X Warehouse Shop Vehicle Outdoors Recreation Center Other (see 2 Below) C = Continuously F = Frequently 1 O = Occasionally R = Rarely I N = Never 2/3 or more of the time From 1/3 to 2/3 of the time I Up to 1/3 of the time Less than 1 hour per week I Never occurs (3) Revised 2/27/04 FOUNTAIN HILLS, ARIZONA Job Description SIGNATURES -REVIEW AND COMMENT: I have reviewed this job analysis and its attachments and find it to be an accurate description of the demands of this job. Job Title of Supervisor Job Title of Department Head Comments: Signature of Employee Signature of Supervisor Signature of Department Head Signature of Town Manager Date Date Date Date The above statements are intended to describe the general nature and level of work being performed by individuals assigned to this job. They are not intended to be an exhaustive list of all responsibilities, duties, and skills required of personnel so classified in this position. This job description is subject to change as the needs and requirements of the job change. Enter Legend line here. author\typist\drive\folder\document name\date Revised 2/27/04 ALTERNATE A RESOLUTION NO. 2004-07 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN � FOUNTAIN HILLS, ARIZONA, ESTABLISHING A PUB TY COMMISSION. WHEREAS, it is the desire of the Mayor and Council of the Town �untain Hills (the "Town Council"), the Town of Fountain Hills Fire Department (the " *e Depament") and the Maricopa County Sheriff's Office (the "Law Enforcement Department") to foster a collaborative relationship with the community to strengthen public trust and support; and WHEREAS, the Town Council continually seeks new and innovative ways to develop cooperative relationships between the citizens of the Town of Fountain Hills (the "Town") and the Fire Department and Law Enforcement Department (collectively, the "Departments"); and WHEREAS, the Town Council desires to encourage and promote communication between the Town's citizens, the Town Council, the Town Manager and the Departments by forming a commission to (i) identify law enforcement, fire and emergency services issues that affect the community, (ii) provide recommendations to the Town Council and the Departments (through the Town Manager) that will yield responsive law enforcement, fire and emergency management services for all the citizens of the Town and enhance the safety of the Town's residents and (iii) act as a conduit for public input regarding public safety issues to foster communication between the Town's citizens, the Town Council and the Departments (through the Town Manager) and to provide such public comments to the Town Council and the Town Manager. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Fountain Hills Public Safety Commission (the "PSC") is hereby formed and shall consist of seven Town residents. SECTION 2. That the Mayor shall appoint, and the Town Council shall confirm, all PSC members. Prospective members shall be selected from the community at large and shall generally reflect the diversity of the Town; provided, however, that all PSC members shall (i) be residents of the Town and (ii) not be involved in any criminal or civil proceedings against or relating to the Town's law enforcement or fire and emergency services at any time during their terms of appointment. If a PSC member, at any time during the term of his/her appointment, does not meet the aforementioned selection standards, that member may be removed from the PSC by the Mayor. SECTION 3. That service on the PSC is strictly voluntary with no monetary compensation for PSC members. SECTION 4. That the terms of the PSC members shall be two years, except that two of the first members appointed by the Mayor shall be designated to serve one year terms in order to 9196.001\ ..\2004-07A — Public Safety Commnxes.doc 2-26-04-1 stagger the member's terms of service. Thereafter, all appointments shall be for two years. Members shall serve at the pleasure of the Town Council and are subject to removal at any time. Membership on the PSC is not restricted to one term, but the Town Council will periodically review the membership to ensure it is truly representative of the Town's composition and needs. SECTION 5. That the members of the PSC shall, at their first meeting, elect a chair among their own members, who shall serve until his/her successor is appointed and confirmed. The chair shall preside at all meetings. SECTION 6. That the duties of the PSC shall be as follows: A. Providing the Departments (through the Town Manager) with recommendations for determining the focus and goals of the Town's law enforcement and fire and emergency medical services. B. Enlisting community support for the Town Council's public safety policies and programs, as carried out through the Departments' activities. C. Assisting in establishing community partnerships to educate the community regarding the needs and goals of the Town, as identified by the Departments. D. Researching and making recommendations to the Town Council and the Town Manager on community issues relating to emergency procedures, law enforcement services and fire services. E. Researching and making recommendations to the Town Council on issues requested by the Town Council or the Town Manager. SECTION 7. That the PSC shall meet at least quarterly, although meetings may occur more frequently as deemed necessary and appropriate by the PSC members. SECTION 8. That the PSC shall issue an annual report to the Town Council by July 1 of each year regarding activities of the PSC during the preceding year. The Chairperson of the PSC shall present the report to the Town Council at the first regularly scheduled meeting in August. No reports, memoranda, statements or correspondence (written and/or verbal) of the PSC shall be publicly issued without first obtaining the review and approval of both the Town Manager and the Town Attorney. SECTION 9. That the PSC will have no involvement in the resolution or review of citizen complaints and shall not give direction to any member of the Departments relating to the manner in which law enforcement services and fire/emergency medical service are provided to the Town; rather it shall forward all such complaints to the Town Manager for resolution. 9196.001\ ..\2004-07A Public Safety Commnxes.doc 2-26-04-1 2 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 4, 2004. FOR THE TOWN OF FOUNTAIN HILLS: W. J. Nichols, Mayor REVIEWED BY: Timothy G. Pickering, Town Manager 9196.00A . A2004-07A Public Safety Conimn.res.doc 2-26-04-1 C ATTESTED TO: Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney ALTERNATE B RESOLUTION NO. 2004-07 r.. A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ESTABLISHING A PUBLIC SAFETY COMMISSION. WHEREAS, it is the desire of the Mayor and Council of the Town of Fountain Hills (the "Town Council"), the Town of Fountain Hills Fire Department (the "Fire Department") and the Maricopa County Sheriff's Office (the "Law Enforcement Department") to foster a collaborative relationship with the community to strengthen public trust and support; and WHEREAS, the Town Council continually seeks new and innovative ways to develop cooperative relationships between the citizens of the Town of Fountain Hills (the "Town") and the Fire Department and Law Enforcement Department (collectively, the "Departments"); and WHEREAS, the Town Council desires to encourage and promote communication between the Town's citizens, the Town Council, the Town Manager and the Departments by forming a commission to (i) identify law enforcement, fire and emergency services issues that affect the community, (ii) provide recommendations to the Town Council and the Departments (through the Town Manager) that will yield responsive law enforcement, fire and emergency management services for all the citizens of the Town and enhance the safety of the Town's residents and (iii) act as a conduit for public input regarding public safety issues to foster communication between the Town's citizens, the Town Council and the Departments (through the Town Manager) and to provide such public comments to the Town Council and the Town Manager. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Fountain Hills Public Safety Commission is hereby formed and shall consist of five Town residents, one Fire Department designee and one Law Enforcement Department designee. The Fire Department designee and the Law Enforcement designee shall serve in an advisory capacity only, without voting rights. SECTION 2. That the Mayor shall appoint, and the Town Council shall confirm, all PSC members. Prospective members shall be selected from the community at large and shall reflect the diversity of the Town in accordance with the following criteria: A. PSC members shall: 1. Except for the Fire Department designee and the Law Enforcement designee, be residents of the Town. 2. Not be involved in any criminal or civil proceedings against or relating to the Town's law enforcement or fire and emergency services at any time during their terms of appointment. No-1- 9196.001\..\2004-07B —Public Safety Commn.res.doc 2-26-04-1 B. Two members of the PSC shall have extensive experience in the performance of law enforcement services for a government entity. C. Two members of the PSC shall have extensive experience in the performance of fire and/or emergency medical services for a government entity. D. One member of the PSC shall have extensive experience in performing emergency management services for a government entity. E. If a PSC member, at any time during the term of his/her appointment, does not meet the aforementioned selection standards, that member may be removed from the PSC by the Mayor. SECTION 3. That service on the PSC is strictly voluntary with no monetary compensation for PSC members. SECTION 4. That the terms of the PSC members shall be two years, except that two of the first members appointed by the Mayor shall be designated to serve one year terms in order to stagger the member's terms of service. Thereafter, all appointments shall be for two years. Members shall serve at the pleasure of the Town Council and are subject to removal at any time. Membership on the PSC is not restricted to one term, but the Town Council will periodically review the membership to ensure it is truly representative of the Town's composition and needs. SECTION 5. That the members of the PSC shall, at their first meeting, elect a chair among their own members, who shall serve until his/her successor is appointed and confirmed. The chair shall preside at all meetings. SECTION 6. That the duties of the PSC shall be as follows: A. Providing the Departments (through the Town Manager) with recommendations for determining the focus and goals of the Town's law enforcement and fire and emergency medical services. B. Enlisting community support for the Town Council's public safety policies and programs, as carried out through the Departments' activities. C. Assisting in establishing community partnerships to educate the community regarding the needs and goals of the Town, as identified by the Departments. D. Researching and making recommendations to the Town Council and the Town Manager on community issues relating to emergency procedures, law enforcement services and fire services. E. Researching and making recommendations to the Town Council on issues requested by the Town Council or the Town Manager. 9196.001\ ..\2004-0713 Public Safety Commnses.doc 2-26-04-1 2 SECTION 7. That the PSC shall meet at least quarterly, although meetings may occur more frequently as deemed necessary and appropriate by the PSC members. SECTION 8. That the PSC shall issue an annual report to the Town Council by July I of each year regarding activities of the PSC during the preceding year. The Chairperson of the PSC shall present the report to the Town Council at the first regularly scheduled meeting in August. No reports, memoranda, statements or correspondence (written and/or verbal) of the PSC shall be publicly issued without first obtaining the review and approval of both the Town Manager and the Town Attorney. SECTION 9. That the PSC will have no involvement in the resolution or review of citizen complaints and shall not give direction to any member of the Departments relating to the manner in which law enforcement services and fire/emergency medical service are provided to the Town; rather it shall forward all such complaints to the Town Manager for resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 4, 2004. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor REVIEWED BY: Timothy G. Pickering, Town Manager 9196.001\ ..\2004-07B Public Safety Commnxes.doc 2-26-04-1 3 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney ALTERNATE C RESOLUTION NO. 2004-07 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ESTABLISHING A PUBLIC SAFETY COMMISSION. WHEREAS, it is the desire of the Mayor and Council of the Town of Fountain Hills (the "Town Council"), the Town of Fountain Hills Fire Department (the "Fire Department") and the Maricopa County Sheriff's Office (the "Law Enforcement Department") to foster a collaborative relationship with the community to strengthen public trust and support; and WHEREAS, the Town Council continually seeks new and innovative ways to develop cooperative relationships between the citizens of the Town of Fountain Hills (the "Town") and the Fire Department and Law Enforcement Department (collectively, the "Departments"); and WHEREAS, the Town Council desires to encourage and promote communication between the Town's citizens, the Town Council, the Town Manager and the Departments by forming a commission to (i) identify law enforcement, fire and emergency services issues that affect the community, (ii) provide recommendations to the Town Council and the Departments (through the Town Manager) that will yield responsive law enforcement, fire and emergency management services for all the citizens of the Town and enhance the safety of the Town's residents and (iii) act as a conduit for public input regarding public safety issues to foster communication between the Town's citizens, the Town Council and the Departments (through the Town Manager) and to provide such public comments to the Town Council and the Town Manager. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Fountain Hills Public Safety Commission is hereby formed and shall consist of seven Town residents, one Fire Department designee and one Law Enforcement Department designee. The Fire Department designee and the Law Enforcement designee shall serve in an advisory capacity only, without voting rights. SECTION 2. That the Mayor shall appoint, and the Town Council shall confirm, all PSC members. Prospective members shall be selected from the community at large and shall reflect the diversity of the Town in accordance with the following criteria: A. PSC members shall: 1. Except for the Fire Department designee and the Law Enforcement designee, be residents of the Town. 2. Not be involved in any criminal or civil proceedings against or relating to the Town's law enforcement or fire and emergency services at any time during their terms of appointment. 9196.001\ ..\2004-07C — Public Safety Commn.res.doc 2-26-04-1 /!/af cue-�-- B. At least two members of the PSC shall have extensive experience in the performance of law enforcement services for a government entity. C. At least two members of the PSC shall have extensive experience in the performance of fire and/or emergency medical services for a government entity. D. At least one member of the PSC shall have extensive experience in performing emergency management services for a government entity. E. If a PSC member, at any time during the term of his/her appointment, does not meet the aforementioned selection standards, that member may be removed from the PSC by the Mayor. SECTION 3. That service on the PSC is strictly voluntary with no monetary compensation for PSC members. SECTION 4. That the terms of the PSC members shall be two years, except that two of the first members appointed by the Mayor shall be designated to serve one year terms in order to stagger the member's terms of service. Thereafter, all appointments shall be for two years. Members shall serve at the pleasure of the Town Council and are subject to removal at any time. Membership on the PSC is not restricted to one term, but the Town Council will periodically review the membership to ensure it is truly representative of the Town's composition and needs. SECTION 5. That the members of the PSC shall, at their first meeting, elect a chair 1%" among their own members, who shall serve until his/her successor is appointed and confirmed. The chair shall preside at all meetings. SECTION 6. That the duties of the PSC shall be as follows: A. Providing the Departments (through the Town Manager) with recommendations for determining the focus and goals of the Town's law enforcement and fire and emergency medical services. B. Enlisting community support for the Town Council's public safety policies and programs, as carried out through the Departments' activities. C. Assisting in establishing community partnerships to educate the community regarding the needs and goals of the Town, as identified by the Departments. D. Researching and making recommendations to the Town Council and the Town Manager on community issues relating to emergency procedures, law enforcement services and fire services. E. Researching and making recommendations to the Town Council on issues requested by the Town Council or the Town Manager. 9196.001\ ..\2004-07C Public Safety Commnses.doc 2-26-04-1 14 SECTION 7. That the PSC shall meet at least quarterly, although meetings may occur more frequently as deemed necessary and appropriate by the PSC members. SECTION 8. That the PSC shall issue an annual report to the Town Council by July 1 of each year regarding activities of the PSC during the preceding year. The Chairperson of the PSC shall present the report to the Town Council at the first regularly scheduled meeting in August. No reports, memoranda, statements or correspondence (written and/or verbal) of the PSC shall be publicly issued without first obtaining the review and approval of both the Town Manager and the Town Attorney. SECTION 9. That the PSC will have no involvement in the resolution or review of citizen complaints and shall not give direction to any member of the Departments relating to the manner in which law enforcement services and fire/emergency medical service are provided to the Town; rather it shall forward all such complaints to the Town Manager for resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 4, 2004. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nichols, Mayor REVIEWED BY: Timothy G. Pickering, Town Manager 9196.001\ ..\2004-07C Public Safety Commnses.doc 2-26-04-1 3 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney ALTERNATE A RESOLUTION NO. 2004-07 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, ESTABLISHING A PUBLIC SAFETY COMMISSION. WHEREAS, it is the desire of the Mayor and Council of the Town of Fountain Hills (the "Town Council"), the Town of Fountain Hills Fire Department (the "Fire Department") and the Maricopa County Sheriff's Office (the "Law Enforcement Department") to foster a collaborative relationship with the community to strengthen public trust and support; and WHEREAS, the Town Council continually seeks new and innovative ways to develop cooperative relationships between the citizens of the Town of Fountain Hills (the "Town") and the Fire Department and Law Enforcement Department (collectively, the "Departments"); and WHEREAS, the Town Council desires to encourage and promote communication between the Town's citizens, the Town Council, the Town Manager and the Departments by forming a commission to (i) identify law enforcement, fire and emergency services issues that affect the community, (ii) provide recommendations to the Town Council and the Departments (through the Town Manager) that will yield responsive law enforcement, fire and emergency management services for all the citizens of the Town and enhance the safety of the Town's residents and (iii) act as a conduit for public input regarding public safety issues to foster communication between the Town's citizens, the Town Council and the Departments (through the Town Manager) and to provide such public comments to the Town Council and the Town Manager. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Fountain Hills Public Safety Commission (the "PSC") is hereby formed and shall consist of seven Town residents. SECTION 2. That the Mayor shall appoint, and the Town Council shall confirm, all PSC members. Prospective members shall be selected from the community at large and shall generally reflect the diversity of the Town; provided, however, that all PSC members shall (i) be residents of the Town and (ii) not be involved in any criminal or civil proceedings against or relating to the Town's law enforcement or fire and emergency services at any time during their terms of appointment. If a PSC member, at any time during the term of his/her appointment, does not meet the aforementioned selection standards, that member may be removed from the PSC by the Mayor. SECTION 3. That service on the PSC is strictly voluntary with no monetary compensation for PSC members. SECTION 4. That the terms of the PSC members shall be two years, except that two of the first members appointed by the Mayor shall be designated to serve one year terms in order to 9196.001\ ..\2004-07A Public Safety Commn.v2ses.doc 3-5-04-1 stagger the member's terms of service. Thereafter, all appointments shall be for two years. Members shall serve at the pleasure of the Town Council and are subject to removal at any time. Membership on the PSC is not restricted to one term, but the Town Council will periodically review the membership to ensure it is truly representative of the Town's composition and needs. SECTION 5. That the members of the PSC shall, at their first meeting, elect a chair among their own members, who shall serve until his/her successor is appointed and confirmed. The chair shall preside at all meetings. SECTION 6. That the duties of the PSC shall be as follows: A. Providing the Departments (through the Town Manager) with recommendations for determining the focus and goals of the Town's law enforcement and fire and emergency medical services. B. Enlisting community support for the Town Council's public safety policies and programs, as carried out through the Departments' activities. C. Assisting in establishing community partnerships to educate the community regarding the needs and goals of the Town, as identified by the Departments. D. Researching and making recommendations to the Town Council on issues requested by the Town Council or the Town Manager. SECTION 7. That the PSC shall meet at least quarterly, although meetings may occur more frequently as deemed necessary and appropriate by the PSC members. SECTION 8. That the PSC shall issue an annual report to the Town Council by July 1 of each year regarding activities of the PSC during the preceding year. The Chairperson of the PSC shall present the report to the Town Council at the first regularly scheduled meeting in August. No reports, memoranda, statements or correspondence (written and/or verbal) of the PSC shall be publicly issued without first obtaining the review and approval of both the Town Manager and the Town Attorney. SECTION 9. That the PSC will have no involvement in the resolution or review of citizen complaints and shall not give direction to any member of the Departments relating to the manner in which law enforcement services and fire/emergency medical service are provided to the Town; rather it shall forward all such complaints to the Town Manager for resolution. [SIGNATURES ON FOLLOWING PAGE] 9196.001\ ..\2004-07A Public Safety Commn.v2ses.doc 3-5-04-1 2 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, March 4, 2004. 9196.001\ ..\2004-07A Public Safety Commn.Q.res.doc 3-5-04-1 S: ATTESTED TO: 3 WO WA -71 m. 2 1 A, � Md Bevelyn J. Mn r, Town Clerk APPROVED AS TO FORM: (n � A f "L--, Andrew J. McGuire, Town Attorney