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HomeMy WebLinkAbout2011 01.18 City Council Regular Agenda PLEASE FILL OUT A"REk ST TO SPEAK"FORM IF YOU WISH TO ADDF THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM te.CHt ti • e �- City of`Apache Junction O Horne of the Superstition Mountains 4PszONr APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA January 18, 2011 7:00 PM A. CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. c• ROLL CALL. D. CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items These items may include,but are not limited to,acceptance of agenda, acceptance of minutes,appointments,acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing.The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting. Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda. 1. Acceptance of Agenda. 2. Approval of Minutes of Regular Meeting of January 4,2011. 3. Consideration of award of bid to Visus Engineering Construction,Inc.for project PW 2010-09 in an amount not to exceed$504,240.00 for Plaza Drive Improvements(Phase I). Ten bids were received in response to the bid. Staff is requesting that a contract be awarded to the lowest and most responsible bid as submitted by Visus Engineering Construction, Inc in an amount not to exceed$504,240.00 for the completion of improvements on Plaza Drive,from Superstition Boulevard The amount includes the base bid amount plus a 10%contingency E. AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations,proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 4. PRESENTATION OF 30-YEAR SERVICE AWARD TO MELVIN MORRIS OF THE PUBLIC WORKS DEPARTMENT. Presentation of award to Melvin Morris for completion of 30 years of service with the City of Apache Junction. 5. PRESENTATION BY AND DISCUSSION WITH PAUL PECORA,MEDIACOM MANAGER,ON UPDATE OF MEDIACOM COMMUNCIATIONS,NEWS AND ITEMS OF INTEREST. Paul Pecora, Senior Manager of Area Operations,will provide the mayor and council with an update of Mediacom Communications activities,community outreach and other items of interest. 6. PRESENTATION BY AND DISCUSSION WITH A REPRESENTATIVE FROM THE INTERNAL REVENUE SERVICE(IRS)ON THE EARNED INCOME TAX CREDIT,THE TAX COUNSELING FOR THE ELDERLY,AND THE VOLUNTEER INCOME TAX ASSISTANCE PROGRAMS. The Internal Revenue Service(IRS),over the years,has instituted multiple programs to reach out to communities to offer tax services and programs to help families in need Through free tax preparation,tax credits are made available to low income families Such tax credits have included the Earned Income Tax Credit and the Child Tax Credit.The IRS has determined the best way to reach out to communities is through volunteers i programs were created to meet this need 1)Tf. .x Counseling for the Elderly Initiative,and 2)The Volunteer Income Tax Assistance Through these programs,the city has three locations to offer free tax preparation services to Apache Junction residents F• ANNOUNCEMENT OF CURRENT EVENTS. The Mayor or any member of Council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance,time and location G CITY MANAGER'S REPORT. The City Manager,members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to the operation of the City There shall however be no discussion at this time except for clarification inquiries. 7. MANAGER'S REPORT. .••. H. PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council 8 APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE#2349. This is for the Lost Dutchman Days Kick-Off on Thursday, February 25,located at 2455 N.Apache Trail. The next step in the procedure is for the city council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 9. BINGO LICENSE APPLICATION FOR ROADHAVEN RESORT#2. Roadhaven Resort#2,located at 1000 S Idaho Road, is upgrading its current bingo license from a Class A to a Class B Pursuant to state law,the city council shall hold a public hearing and recommend approval or denial of the application to the Arizona Department of Revenue, Bingo Licensing Authority 10. APPLICATION FOR A LIQUOR LICENSE FOR SUNDANCE RESTAURANT. This is an application for an interim permit, new license,limited liabiltiy company,Series 12 liquor license for Sundance Restaurant located at 1535 E Old West Highway The next stop in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control I. OLD BUSINESS. The Council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk. /10064, None J NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None K• COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters 11. COUNCIL DIRECTION TO STAFF ON POSSIBLE AMENDMENTS TO ORDINANCE NO.1285 RELATING TO WEAPONS DISPOSITION. Staff seeks direction from Council on desired policy changes to Ordinance No. 1285,which currently mandates that firearms used in the commission of a crime, including suicide,be destroyed L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 12. EXECUTIVE SESSION AT 5:45 P.M.AND WORK SESSION AT 7:00 P.M.SCHEDULED FOR MONDAY, JANUARY 31,2011. 13. EXECUTIVE SESSION AT 5:45 P.M FOR TUESDAY,FEBRUARY 1,2011.OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. ... At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conclusion 1)respond to criticism by a speaker,2) ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address There is a three(3) minute time limit per speaker N• ADJOURNMENT. Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Friday,8 00 a m to 5 00 p m,excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office, at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time CITY COUNCIL REGULAR MEETING JANUARY 4, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on January 4, 2011, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Eck Councilmember Wilson .-. (Councilmember Serdy was absent. ) Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Public Works Director David Fern Others Present: Programs Coordinator Heather Patel Library Manager Spencer Paden Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 1 OF 26 Assistant Planner Todd Kennedy Business Advocate Janine Solley ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PW 2010-16, CHIP SEAL EMULSIONS, BE AWARDED TO CACTUS TRANSPORT, INC. IN THE AMOUNT OF $2 . 27 PER GALLON WITH THE TERM OF THE CONTRACT ENDING JUNE 30, 2011 WITH AUTOMATIC RENEWAL FOR FIVE SUCCESSIVE PERIODS OF ONE YEAR FROM THE ORIGINAL SIGNING OF THE AGREEMENT; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT; AND THAT APPROVAL BE GIVEN OF THE SETTLEMENT AGREEMENT IN CROSWELL V. CITY OF APACHE JUNCTION, PINAL COUNTY SUPERIOR COURT NO. CV200900441, IN THE AMOUNT OF $450, 000, WITH THE CITY' S PORTION OF THIS SETTLEMENT BEING $1, 000, WHICH REPRESENTS THE CITY' S DEDUCTIBLE PER ITS INSURANCE POLICY WITH ARIZONA MUNICIPAL RISK RETENTION POOL; SETTLEMENT IS IN EXCHANGE FOR A FULL RELEASE OF ALL CLAIMS AND OTHER POTENTIAL LEGAL ACTION AGAINST THE CITY. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson announced he and Vice Mayor Dietz attended a police recognition ceremony for 2 individual citizens in the community who stepped forward and assisted the police in apprehending a dangerous felon. The individual who initiated the police response is only 11 years old. Because of the history of the felon and the dangerous situation, their names have been withheld. They wanted the community to know they have young people that are stepping forward and assisting the police. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 2 OF 26 ... .... Councilmember Eck commented he had to show off his new tie as he is a grandfather for the first time. Vice Mayor Dietz commented he, the mayor and Councilmembers Barker and Eck attended the D.A. R. E. graduation at Four Peaks on December 14 . It was neat seeing the fifth graders be excited about this program. His nephew, Christian Miraz, graduated with the class . ... Vice Mayor Dietz commented on December 17 he was privileged to attend an Explorers meeting wherein Explorer Kevin Miller received a Certificate of Appreciation for spotting someone in need on the side of the road on a ride along. It was very special . He thanked the police department for their work with the explorer program and the council for keeping the program in the budget. The youth are the future of the community. The police department and the people assigned do a magnificent job. CITY MANAGER' S REPORT City Manager George Hoffman commented the movie "Bag It" will be premiered this Saturday at the library, compliments from the Arizona State Parks Region II Manager to Steve Filipowicz for signage for Lost Dutchman Park on US 60, compliments from La Hacienda RV Resort to the Public Works Department for paving the road in front of their resort, a $35, 000 Green Technical Assistance Grant by the Water Infrastructure Finance Authority for the water district, a $10, 000 grant from the Arizona Companion Spay and Neuter Committee for the Animal Control spay and neuter program, and read a resolution from the League of Arizona Cities and Towns calling for collaboration and ..•. partnership with the state legislature on budget issues . PUBLIC HEARINGS ORDINANCE NO. 1369, AMENDING THE ZONING ORDINANCE, ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-33, EQUINE REGULATIONS BY REQUIRING THAT REQUESTS FOR NEW HORSE BOARDING BUSINESSES BE SUBJECT TO A CONDITONAL USE PERMIT ) REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 3 OF 26 Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Wilson asked what the requirements would be for a conditional use permit if a horse facility came and applied after this was implemented. Senior Planner Rudy Esquivias stated there is an application process . Conditional use permits are typically decided by the city' s planning and zoning commission. Similar to the public hearing process, there would be a work session before the commission, there would be a public hearing before the commission, the commission would make a decision on the conditional use permit request, and any approval or denial of a commission decision, if the applicant was not in agreement with the conditions of approval, could be appealed to the council. If he is asking about what kinds of details they would be asking for as part of a conditional use permit request, the ordinance talks about a site plan showing where the horse boarding, trailer parking and the existing structures are on the site. They would also need to see access and circulation. The site plan would need to be reviewed by the commission. As part of the public hearing process, all property owners within 300' would be notified of the hearing. They would hopefully solicit public input and comment there. The two basic criteria for a commercial horse boarding facility are that it be a minimum of 2 . 5 acres gross and that the property be located in a designated low density area on the general plan. They are basically talking about properties north of Tepee and east of Ironwood for the most part, and the properties east of Idaho and north of US 60 . Those are predominately low density areas of the city. Councilmember Wilson asked if there would be any additional requirements levied on them by planning and zoning. Senior Planner Rudy Esquivias stated they would look at each situation on a case by case basis. If the commission or development team determines that there may be some special features that are lacking on the property, there might be some conditions for adequate drainage. There would probably not be retention unless they were proposing to build a substantial structure. On a residential property, REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 4 OF 26 they probably would not require anything for that . The question is hard to answer without having a specific example to look at . There might be development conditions that could apply to a property for a conditional use request. Councilmember Wilson commented they could ask for plant screenings in the front to screen off the back. Senior Planner Rudy Esquivias stated he believes the original ordinance that was adopted does not require screening for horse trailers . They would probably not make that an issue if the base ordinance does not require it. He doubts they would be requesting much more than what the base ordinance requires . They do not want walls and turn them into commercial-looking properties . It is still a residential setting. Unless there was some special reason for requiring screening or a wall, it would probably not be typical . Councilmember Wilson commented that is reaffirming what he had said and been thinking. Mayor Insalaco opened the public hearing on the item. An unknown male in the audience asked what it would cost. Senior Planner Rudy Esquivias stated a conditional use permit has a $700 application fee and a $500 advertisement fee. Most of the $500 is refunded. Mr. William Wegeng, 1431 N. Cortez, Apache Junction, addressed the council . He stated he already has 3 boarding stables within a half mile of his house. They were put in before ordinances were thought about . He lives on 1 . 25 acres with his house 50' from the property line. There are 5 acre lots with houses near him. He believes the ordinance is a good thing. The public should be allowed to determine if horse boarding facilities should be near their houses . REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 5 OF 26 Ms. Joan Theo, 739 N. Thunderbird Drive, Apache Junction, addressed the council . She has 2 horses that she boards in this city. She moved here 2 years ago after looking around for horse-friendly cities. She liked what she saw better here than in Queen Creek. There are a lot of parks here for them to ride in. She is renting but would like to buy. If it becomes difficult for her, she will look elsewhere. She does not understand the purpose of this when other businesses are not under this scrutiny. She asked why horse businesses are being targeted. Horses are not generally noisy and flies are generally around a manure pile, not a neighbor' s yard. She wonders why they want to restrict new businesses when the city needs the income. Mr. Wayne Standage, 1920 E. 20th Avenue, Apache Junction, addressed the council. He stated he is a horse owner. He showed two pictures of Apache Junction, one in the 1960' s and one now. There will always be change, and people will want to live where we live. There is a lot of area in the general plan that they want to keep low density. Horse boarding started about 20 years ago and slowly grew. They have recently done ordinances on horse boarding which are among the most lenient he has found in the state and west . The issue is businesses located in a residential area and most people want to the area keep residential . GR zoning does not require a conditional use permit and R-143 does. This would allow those in the GR zone to have some input on what goes in. He is not anti-horse, but they have to look to the future to maintain the image of a small town. His final comment was to question if all the horse boarding facilities already open are currently full . Mr. James Salisbury, 4308 E. Broadway, Apache Junction, addressed the council . He boards a horse here. There is a lot of regulation on horse boarding, but not on horse owning. He does not think horse owners need to be regulated, but there needs to be consistency. If you move to an area where there are horses and you do not like horses, you do run the risk of your neighbor having horses . The existing horse boarding facilities haul their manure away. There is a residence on Goldfield and Broadway that has horses that does not haul their manure. Another residence is located below grade from that residence and the manure rolls down the hill to their property line. That is against code. There needs to be REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 6 OF 26 Ask consistency. A horse boarding facility will have limited traffic. It is not like Home Depot, Target or another business that needs a turn lane. There might be 30 people coming in per day. He boards his horse so that it can be fed on a certain schedule and kept secure. They also have the camaraderie of being with other horse owners . They do not want draconian regulations on horse boarding, or leave it up to oversight which has consistently been shown to be not fair in their decision making. Mr. Gary Peters, Rock Shadows, Apache Junction, addressed the council. He is a horse owner and snowbird. He spends a lot of money here. It amazes him that people buy a house here with horses all around them and then they suddenly want to change everything. They should have thought of that before they bought it. He had to help another horse owner move his stall 6 inches because the neighbor did not like the horses there. Others complain about the horses on either side of them but they still move there. It does not make any sense. It seems like things are getting worse instead of better. Mr. Paul Green, 5040 E. 20th Avenue, Apache Junction, addressed the council . He stated he thinks the conditional use permit is probably a necessary part of this whole package that has been put together. He is concerned that the fees will stifle entrepreneurship. He asked what the $700 is for and where it goes . He suggested they waive the fees if they show us $700 in fence improvements . Good fences make good neighbors . They need to look at the dollar end. p Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. Councilmember Eck commented in 14 years of being on the council he has learned he does not like to talk about horses. If they talk about one issue, it has happened in other communities so he believes they think it will happen here. Every council he has served on has always been very horse-friendly. He disagrees when people say the horse people are being targeted. This is simply about a new horse REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 7 OF 26 boarding opening and what it would take to get that done. It does not affect anyone that is currently horse boarding. He understands the threat of too many regulations, but he thinks through the years they have fought to have decent regulations but nothing that overwhelmingly wrong. If they did, the horse people would let them know it . He agrees that when people move in, as a lot of realtors know or do not know, people need to do research in their area to see what is in their area. If they see corrals, you would think a little light would go on and they would see there are a lot of horses in this area and they need to check out the location. They could come down to development services and see that where they are buying is what they expect it to be. If they want to be around horses then they are there. If they do not but they want a beautiful view of the mountains, then there may be some R-31 area they may want to go to. He does believe that they need to do some research. It is completely off what the actual item is on this . What they are trying to do is take care of neighbors. If they have a conditional use permit, then a new one comes in, and they could have lived there for 30 or 40 years and all of a sudden a horse boarding moves in. I think they should have a right to speak up about it. He hopes that is what they are trying to do here. Councilmember Coleman commented he agreed with Councilmember Eck. Mr. Salisbury cited some problems with a property that was not taking care of manure. What this would do is if they had a conditional use permit process, and that property wanted to start a commercial boarding facility, then the neighbors would all have a say. They could say they are not taking care of the property now. Right now the neighbors have no voice. That is what the ^ conditional use permit is all about. It gives them a chance for a public hearing, and he is surprised anyone would be opposed to having a public hearing on something that affects properties within 300 feet of them. Councilmember Barker commented she has been listening for weeks on this particular issue and she has tried hard to be a good listener to both sides of the situation. Both sides have very valid points . But as she sits here this evening she has to come to a point where she will have to say yes or no and has to make up her mind. This strictly a business issue. For some reason, some people are REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 8 OF 26 trying to disguise it in equine clothing. It is not that. It is not anti-horse or anti-horse boarding. This is pro people. This is allowing people who already reside in an area to be able to meet in a venue where they can hear the plan that a business is planning to do. If a business is planning to open up, they should have the money to do that because businesses that go in without the funds to keep it going are businesses that are doomed to failure in the beginning. This is just a piece of doing business . She agreed with Councilmembers Eck and Coleman. People should have the opportunity to hear that plan, to make comments, and that builds good neighborhoods . That business then understands what that neighborhood would like to see. By conforming to that, or by trying to tell them that it can be done this way or that way, it creates good neighbors and a stable situation where there are no people calling and there are no problems. People are living together because they understand what the expectations are. Vice Mayor Dietz commented he agreed. Mayor Insalaco closed the discussion with no for comments and called for a motion. Councilmember Coleman MOVED THAT ORDINANCE NO. 1369 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Eck SECONDED THE MOTION. 40.1 VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the motion by title only. Councilmember Coleman MOVED THAT ORDINANCE NO. 1369, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Dietz SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 9 OF 26 VOTE: 5-1 (Councilmember Wilson voted in opposition. ) The motion carried. RESOLUTION NO. 10-39, DECLARING AMENDMENTS TO ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF HOME- BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED AS A PUBLIC RECORD/ORDINANCE NO. 1362, TEXT AMENDMENT TO CITY' S HOME-BASED OCCUPATION DEFINITION, AM-2-08 Senior Planner Rudy Esquivias briefed the council on the item. Councilmember Wilson commented on the change for machine welding or metal shop. He asked if the examples of the horse shoe lamp and accessories that he showed would be involved in that . They are metal and they would be welded together. Senior Planner Rudy Esquivias stated he believed they would. They could be considered under the category of welding and manufacturing. Welding and manufacturing uses are normally placed in heavy commercial and industrial zoning. A home occupation that proposes welding and manufactured products is probably not a home occupation that they would approve. Councilmember Wilson commented the second part of his question is if an existing home-based occupation, currently in operation and maybe in violation of several of these things that we currently have, would be grandfathered in where they can continue operating their business without any difficulty. Senior Planner Rudy Esquvias stated that is correct unless they propose to expand, or change, or change their location. The existing home businesses would be allowed to continue to operate unless they propose changes or REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 10 OF 26 unless they are otherwise violating the home occupation regulations under which they were approved. Vice Mayor Dietz commented those are currently licensed in the city home businesses . Senior Planner Rudy Esquivias stated that is correct. The ordinance does not differentiate between what would be allowed on a large lot property versus what might be allowed on a small lot property. These criteria apply generally. In a situation where someone might be manufacturing small products on a large lot property, the nearest neighbor is 100 fee away, that neighbor might not be impacted. The regulations apply generally. If they approve something like that on a large lot property, they would also be approving something like that on a small lot property where your neighbors might be 10 feet away. They could be approving an application for someone who lives in an apartment with a neighbor a wall away from them. The home occupation regulations apply generally to the entire community. That is why some of the criteria may appear stringent, as manufacturing noise, special tools, and hazardous materials could affect those people in a closer living environment than others . Councilmember Coleman asked if they could write the ordinance to where if they had 1 . 25 acre they could have a welding shop. Senior Planner Rudy Esquivias stated some of the ordinances that they looked at had some of those criteria. One of the things the planning and zoning commission took out was listing of things that were permitted. They were comfortable with listing things that should not be permitted. They stayed away from allowed uses as there is an infinite list of what might qualify as a home occupation. They stopped talking about specific uses and the idea of what might be allowed on large lot properties versus a small lot property. That provision was also not in the original model they modeled our ordinance off of. Some cities do have those provisions, though. Vice Mayor Dietz commented there are a number of them here that could be done on 1 . 25 acres REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 11 OF 26 if they are done properly. Someone could have a furniture refinishing shop out back. It could be ventilated and have all the correct precautions. It could be done. He would hate to see them and others being left out that could be done on a larger property. Senior Planner Rudy Esquivias stated some of these uses will require fire walls, ventilation hoods, special paint or odor containment facilities . Those businesses would be subject to special building code and/or fire code requirements . If those should be typically allowed as a home occupation would be a policy question. Councilmember Barker asked him to define the word manufactured. Senior Planner Rudy Esquivias stated it is basically the making of products for sale. Councilmember Barker stated that could be as simple as making dolls and that would be prohibited. Senior Planner Rudy Esquivias stated that is correct. Councilmember Barker commented the word craft, that was in there at one point but was taken out because he no longer wanted to be that specific, is not outlawed. A craft would involve the putting together of things for possible sale. That would be manufacturing that could not be a home occupation. Senior Planner Rudy Esquivias stated he would ask for a detailed narrative of what the applicant is proposing. Generally speaking, the manufacture of goods from a residential property is not something they would permit as a home occupation. Councilmember Barker stated the horse shoe lamp would be manufactured. It would not be allowed. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 12 OF 26 Senior Planner Rudy Esquivias stated that is correct. Councilmember Barker commented she believes they have a long way to go on this ordinance. She does not feel that it is ready. Councilmember Wilson ... commented he mentioned yesterday about talking to someone about insurance and what is required. He addressed the question a little differently tonight, asking what would happen if he started a fire with his welder, had a home business where he does not have a city business license, but gets business insurance to cover his home and what he is doing. He said most likely the insurance would cover the damage, but since they are not a legal business they would deny the insurance when it came time for renewal. It would dramatically affect his ability to get insurance in the future. If his business is recognized as legal in the city, there would be no problem. Senior Planner Rudy Esquivias asked where the liability is for the city if it approves a business use wherein somebody starts a fire. He asked if the city would be covered by their insurance. City Attorney Joel Stern stated anybody can sue for anything. However, the lawsuit would have to be crafted to where it proves that there was negligence on the city, that the city should have had conditions that would have eliminated those risks . It depends on the facts . There is a possibility that the city would have some exposure but it /Mk would be case by case. Councilmember Wilson stated that would be the same today if something were to happen now. It would be the same situation. City Attorney Joel Stern stated it would be case by case. Mayor Insalaco commented he knows that staff and planning and zoning worked very hard and REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 13 OF 26 long on this, but he feels like Councilmember Barker. There are still some things in here that are not right . Councilmember Eck commented he has a problem with number 4 of the criteria, that there can be no more than one non-resident employee. There are so many different situations that could call for 3 or 4 employees . He does not think that one should be in there. He could see if it was some type of commercial business with a dozen employees . He does not think they should be using the number of one for non- resident employees . Senior Planner Rudy Esquivias stated the intent of that is to not have a lot of traffic coming to and from the home. The intent is to allow a business in the residence without changing the residential character of the residence. On a large lot property or maybe a 7, 000 sq. ft. lot 2 or 3 employees would not be an impact. If someone is running a business out of an apartment, it very well could be an impact . Councilmember Eck commented if would have to be something like online or small for them to be operating out of an apartment . Senior Planner Rudy Esquivias stated it could be. Councilmember Eck commented he is just saying at this time that number should not even be in there. There are also other things. He is not comfortable with this ordinance at all . He would have a very difficult time passing it. Vice Mayor Dietz commented he thanked Rudy for his time and work. Senior Planner Rudy Esquivias stated the thanks should go to Todd Kennedy as he did most of the work. Vice Mayor Dietz commented he thinks they should take what they have dated with today' s date, with the new revisions, have each of us go over it, postpone it REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 14 OF 26 and bring it back, and see what we can do. See what kind of changes we are looking at. Senior Planner Rudy Esquivias stated that is fine if it is the council' s prerogative. Vice Mayor Dietz commented there are 4 or 5 people here that have a few ideas that, Aloft. although late, would like to see a few changes . Senior Planner Rudy Esquivias stated that they do need to understand that in the meantime the only thing they have to rely on is the definition. The definition is very heavily geared towards protecting residential neighborhoods. Councilmember Coleman asked how a home arts studio where sculptures were being created would be viewed, and would there be first amendment rights issues . He asked if that would be manufacturing. They are not selling it from the home but are taking it to a gallery. Senior Planner Rudy Esquivias stated there was a provision in here that talked about studios and dance and music lessons. The council wanted those items taken out. When they talk about art, they are into a first amendment category. If they paint, sculpt, write or whatever else it may be at home, those may have extra protections as they are offering some kind of service, such as architecture, accounting or internet sales. The city attorney is much more versed at first amendment issues . p City Attorney Joel Stern stated he agreed with Rudy. Councilmember Coleman commented what he saw from Councilmember Wilson last night would be labeled as art. Councilmember Barker commented it could be a craft. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 15 OF 26 Councilmember Coleman stated he is a little fuzzy on that. Mayor Insalaco commented he believed they are all fuzzy on that. City Manager George Hoffman commented if they do send them back to do some more work, which they can do, he is interested on if they want them to explore differentiating this based on land use size zoning. The consensus was that was a good idea. Councilmember Eck commented in his mind he is thinking of 1 . 25 acres . He thinks a majority of these will be large lots . Councilmember Barker commented she did not think that would be true. Councilmember Eck commented he thinks a majority of the home based occupations will be large lots . Councilmember Barker stated she thinks there are numerous and probably more small lot, single dwelling residential areas where people are manufacturing because they are creating dolls, jewelry and all kinds of things that by the definition means they are doing something illegal. There is something wrong with that. That is what these people are doing. She asked what other types of home based businesses, such as the plumbing he was talking about the other night, are there. Most of the rest of them are going to involve what he defines as manufacturing. There is something wrong with that . Vice Mayor Dietz commented he thinks they should get the latest update, go over that, get that information to Rudy and have another work session on it. Mayor Insalaco opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 16 OF 26 Ask Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council . He stated he thinks there should be different treatment for the large acre lots. He has a hard time believing dolls, jewelry or quilts are manufacturing. It does not affect the neighborhood, and things that do not affect the neighborhood should not be prohibited. If there is no impact, there should be no problem. A person who does accounting and has someone come in occasionally is not an .•. impact. He would consider those horse shoes art, along with dolls and jewelry. The overriding thing is that if it does not affect the neighborhood, the city has no business getting involved. Ms . Joan Theo, 739 N. Thunderbird Drive, Apache Junction, addressed the council. She stated she was glad they are reconsidering it . She does not see where lot size has anything to do with it. She was concerned with what stored inside means, especially caustic items . She asked if that meant in the house or garage, but that it was okay to put them on a patio. She also disagreed with limiting the number of employees as in this economy that is crazy. It is anti-productive to economic growth. Ms. Denise Moulson, 2094 W. Windsong, Apache Junction, addressed the council . She commented it states that a home based occupation should mean an activity carried on by the occupant of a dwelling as a secondary location. She asked what a secondary location means . Someone would be violating that if they have their primary business there. This is the code that now stands in effect . She agreed with when it changes the dwelling and the character of the An, residence. When someone has a business and they expand it many times over, it is like running three businesses out of the same house on less than a half acre with noisy trucks going day and night. She works during the week and gets up early in the morning. She likes to sleep in on weekends, but when she hears a water truck starting up at 7 a.m. on Saturday and Sunday, that is a commercial business . It is not someone sitting in the house making quilts or jewelry, doing Internet sales, making phone calls or doing tax returns . These are what home based businesses should be. Running trucks and vehicles, having customers come to the house all the time, and they know when the city is not working so they do as they please, and she is told REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 17 OF 26 to bring in evidence, pictures, dates, times and license plate numbers . She provided that to the city and was told they need more information. They need more proof. They need to come over there and sit there and see what is going on in this residence. She is not opposed to home based businesses, but not to this level where it is a commercial business . She asked how many businesses are they allowed to have at one location. She asked why they would be allowed to have customers come to their house. That should be zoned in a commercial location. She personally feels there is more hardship on the horse boarders and their conditions than zoning is doing towards people who are running these businesses . She does not have peace and quiet at her home. If the council lived across the street from her, she is sure they would agree with her. Someone needs to do something about it. There are so many different issues . It has been going on for the last two years . There should not be any employees or merchandise for sale at a residential location. There are so many things wrong with this. She disagreed with customer hours being from 8 a.m. to 8 p.m. She asked if that is Monday through Friday or everyday. There are a lot of people with home based occupations that live on her street, but you would not know it if you drove down the street because they park their vehicles in the back and they are very conscious about when the times the start their vehicles . But then the water truck pumps the water on a daily basis, plus starting and stopping the truck, and then there are customers . They have a water truck, a dog kennel, and a casket and funeral business across the street. She asked what they mean by a mortuary. She asked if that includes selling caskets, headstones and having a hearse parked in the front yard. A lot needs to be changed, but every time an ordinance is changed something is left out or is forgotten to be taken out. She hopes they will take the time to think about this . She does not think any of them on the city council would like to live in her neighborhood and have to listen to this constantly. For the horse boarding they are requiring the neighborhoods to be notified and have the right to speak before they can open. The same should be done for residential businesses . Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 18 OF 26 Alk Councilmember Eck commented he can relate to what Denise was speaking about as far as living in that kind of neighborhood. He has lived for 20 plus years on his lot and the entire area out back was mesquite and palo verde trees . The park that owns that finally bladed it off and put in fill dirt . Now he has $100, 000 to $200, 000 diesels 20 feet from his house running their engines at all hours of the morning and night. It is not a business, but he can tell you how annoying that is as his neighborhood was always so peaceful for all those years . It is just a small part of this whole ordinance. It is frustrating. Councilmember Barker MOVED THAT STAFF GO BACK, MAKE SOME SERIOUS REFINEMENTS TO THIS ORDINANCE, KEEPING IN MIND LOT SIZES AS A POSSIBILITY, LET US FIGURE OUT WHAT MANUFACTURING IS, AND HOW MANY HOME BUSINESSES CAN A PERSON HAVE. THE BASIS OF THIS ORDINANCE WAS TO PROTECT NEIGHBORS FROM A VARIETY OF THINGS WHILE ALSO GIVING FOLKS THE OPPORTUNITY TO HAVE A HOME BASED OCCUPATION. IT IS A VERY DELICATE BALANCE, AND I UNDERSTAND THAT. BUT SOMEHOW OR ANOTHER IF THEY ARE GOING TO HAVE AN ORDINANCE AT ALL, THEY NEED TO FIND THAT BALANCE OR WE MAY AS WELL THROW IT OUT BECAUSE WE WILL KEEP COMING BACK AND REVISITING AND I THINK YOU GUYS ARE PROBABLY AS SICK OF IT AS WE ARE. Councilmember Coleman SECONDED THE MOTION. Councilmember Barker CONTINUED HER MOTION WITH IN ORDER TO AVOID THE PUBLICATION COSTS, HOWEVER, I WOULD LIKE TO CONTINUE THIS PUBLIC HEARING TO i► APRIL 5 WITH A WORK SESSION ON APRIL 4 . There was general discussion as to when the public hearing and work session should be held due to major changes having to be taken back to the planning and zoning commission. It was determined it should come back to have the work session in May and the public hearing in June. Councilmember Barker AMENDED HER MOTION TO CONTINUE THIS TO THE WORK SESSION OF MAY 2 AND THE PUBLIC HEARING OF JUNE 7 . REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 19 OF 26 Councilmember Eck commented they had a difficult time talking about neighborhood standards . It reached a peak. We could get it straight as to how we wanted to do it . We finally did an ordinance with a subcommittee. Councilmember Barker stated Councilmember Wilson has made that suggestion, also. Councilmember Eck commented otherwise we will stay where we are at right now. We are just talking and not giving directions . We are just saying we do not like it, not here is what they need to do. There are real strong opinions on each side. That is how they got the neighborhood ordinance through. Councilmember Barker asked him if he would like to amend the motion. Councilmember Eck stated he did not. He does not think they need to start a subcommittee now, just that it be something for them to think about . He does not know the time frame they would like to start it. Mayor Insalaco requested Councilmember Barker to repeat her motion. Councilmember Barker MOVED THAT THIS ORDINANCE BE CONTINUED UNTIL THE MAY 2 WORK SESSION AND THEN THE JUNE 7 PUBLIC HEARING. Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous . The motion carried. USE OF FISCAL YEAR 2011 COMMUNITY DEVELOPMENT BLOCK GRANT AND STATE SPECIAL PROJECT FUNDS Program Coordinator Heather Patel briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 20 OF 26 Vice Mayor Dietz asked if they could combine the two on the left side for the $99, 000 . Program Coordinator Heather Patel stated they can as they want to get as close to the $140, 000 available as we can. This project was one of the two projects recommended by the leadership team. She briefed them on the project recommended for the State Special Projects funding. Vice Mayor Dietz commented there had been some nice, special things they had wanted for North Apache Trail, nice downtowny things . He asked if by doing this it would interfere with the other improvements they want to do. He asked if they would have to rip part of this project out to continue the Phelps improvements as they go up. Program Coordinator Heather Patel stated the original project submitted was a whole project. We picked the items we knew we could do without having to rip them up later. The sidewalks will look further away from the road because at some point they will be widening the road in some areas. They looked at the phased approach as to what they could do now and then fill in the rest of it with the next application. Councilmember Eck commented he really likes the continuation of doing the downtown and sprawling out from that . He thinks that is how they can create the downtown; they go from there and continue it . He does not understand why they no longer do it with Payson. He asked her oak to brief him on that . Program Coordinator Heather Patel stated there are some changes going through the Community Development Block Grant program whether it is through the state or county. With the estimated shifts of things they believe will be happening 2012, if they entered into an agreement with Payson for 2011-2012, they would not be able to fulfill that obligation in 2012 . So to be safe and to make sure we got our allotted amount of money, we decided to sever the relationship. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 21 OF 26 Councilmember Barker commented she liked option one of the sidewalks on the north side for the Community Development Block Grant because that comes up to the focal point and it lends some continuity to the project that they are trying to build. It seems to her that it would be a really good option. Vice Mayor Dietz asked what the cost of that is . Councilmember Barker stated it is $99, 000 . Option two goes from Quik Trip east and it seems that we want to fill in the hole on the north side first before we start going east on the other side. Program Coordinator Heather Patel stated option one is actually a combination of the old Circle K plus the Quik Trip. Councilmember Barker commented she had misunderstood. Option one combines the two. Mayor Insalaco commented that it does not put them close to the $140, 000. Program Coordinator Heather Patel stated from the $140, 000 there are also administrative costs that come off the top. This is actually quite a good number. They also have to include any contingency when they prepare the contract . Councilmember Wilson asked what the in house estimate was . Program Coordinator Heather Patel stated these estimates came from public works and they were conservative when they came up with these fees together. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 22 OF 26 Vice Mayor Dietz MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE PROJECTS TO BE SUBMITTED FOR FISCAL YEAR 2011 CDBG RA FUNDING AND FISCAL YEAR 2011 SSP FUNDING: THAT OLD WEST HIGHWAY BE SUBMITTED FOR FISCAL YEAR 2011 CDBG RA FUNDING AND THAT NORTH APACHE TRAIL BE SUBMITTED FOR FISCAL YEAR 2011 SSP FUNDING; AND THAT STAFF BEGIN THE PREPARATION OF THE APPLICATIONS AND ALL RELEVANT MATERIALS REQUIRED FOR APPLICATION SUBMISSION. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ORDINANCE NO. 1370, AMENDING APACHE JUNCTION CITY CODE 2-7-4 BY ELIMINATING THE ONE-YEAR TERM RESTRICTION FOR OFFICERS, AND CHANGES TO LIBRARY BOARD BYLAWS RELATING TO BEING AN OFFICER ON THE LIBRARY BOARD FOR CONSECUTIVE YEARS AND OTHER CLERICAL CORRECTIONS Library Manager Spencer Paden briefed the council on the item. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT ORDINANCE NO. 1370 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 23 OF 26 City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1370, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz announced that the work session scheduled for Monday, January 17, 2011 is cancelled due to the Civil Rights Holiday. He MOVED THAT AN EXECUTIVE SESSION AT 5: 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON TUESDAY, JANUARY 18, 2010, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. CALL TO THE PUBLIC: REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 24 OF 26 Mr. Jorge Vera, 586 E. Navajo, Apache Junction, addressed the council regarding city bus transportation. Councilmember Eck commented he is basically talking about public transportation. The city has looked into public transportation and it is very expensive. At the least they have tried to get the Metro Bus to come to Meridian Road but they will not come past Power. They said it is too expensive and the city would have to pay the cost. With this economy, the city would have to lay off employees if they wanted to go with additional transportation than what is offered at the multi-generational center. The city has tried to get public transportation. Mayor Insalaco commented he understands that Florence is discontinuing its bus service because it got too expensive for them to handle going from Florence to Casa Grande. There are not enough people that use it to make it worthwhile, especially with gas prices going through the roof. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 47 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of December 7, 2010 . 3. Consideration of Award of bid to Cactus Transport, Inc. in the amount of $2 . 27 per gallon of CRS-2P applied used for street maintenance chip seal operations. 4 . Consideration of settlement agreement to Croswell v. City of Apache Junction, Final County Superior Court No. CV200900441 . ACCEPTED THIS 18TH DAY OF JANUARY, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 18TH DAY OF JANUARY, 2011. REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 25 OF 26 JOHN S. INSALACO Mayor ATTEST: /& Lj R; C "JC. •/' `4 KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 4th day of January, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 12th day of January, 2011. C = Cter KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JANUARY 4, 2011 PAGE 26 OF 26 iTio,21.904CH City ofpache Junction Home o/ the .r uperStttzon Alountaiiis al Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: January 18, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: Consideration of award of bid to Visus Engineering Construction, Inc for project PW 2010-09 in an amount not to exceed $504,240.00 for Plaza Drive Improvements (Phase I). ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Ten bids were received in response to the bid. Staff is requesting that a contract be awarded to the lowest and most responsible bid as submitted by Visus Engineering Construction, Inc in an amount not to exceed $504,240.00 for the completion of improvements on Plaza Drive, from Superstition Boulevard. The amount includes the base bid amount plus a 10%contingency. FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: City Code Requirement RECOMMENDATION: Staff respectfully requests that Council approve a contract with Visus Engineering Construction, Inc ATTACHMENTS: Click to download D Staff Report D Construction Contract Pp Cl City of Apache Junction '4R7 otyP Development Services Department MEMORANDUM DATE• January 6, 2010 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director David Fern, Public Works Director Giao Pham, City Engineer Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Program Coordinator Emile Schmid, Senior Project Engineer SUBJECT: Community Development Block Grant Project Number 115-I 1- PW 2010-09 Plaza Drive Improvements (Phase One)—Construction Contract REOUEST Staff respectfully requests that the City Council approve a contract for construction services with Visus Engineering Construction, Inc. This contract is to provide construction services for the completion of street improvements on a Community Development Block Grant("CDBG") application submitted for the Fiscal Year 2010, project number PW 2010-09. BACKGROUND A CDBG application was submitted to the Arizona Department of Housing("ADOH") in June, 2010 and was awarded in October, 2010. This project consists of the removal of existing asphalt pavement including base materials, installation of new base material and asphalt pavement, curb and gutter, sidewalk,ADA accessible ramps, 24-inch storm drain concrete pipes with headwalls, streetlights, signing and striping, landscaping, adjustment of existing utilities and other street related improvements on Plaza Drive from Superstition Blvd, south 720' With the approval of the State,the City began the procurement process for a contractor to complete the improvements on Plaza Drive On November 17, 2010 the City placed the project out to bid in accordance with both City and CDBG procurement policies by placing an ad in the Arizona Republic, listing the project on the City website, and sending notification of the project to contractors listed on the City's bid list On December 1,2010, ten contractors submitted a bid to participate in the project DISCUSSION The City evaluated the bids submitted by verifying the bid amounts Then the City verified that each bidder held the required insurances, bonds, licenses, and was eligible to participate in federally funded projects. After this extensive evaluation,the Public Works Department recommended that the City of Apache Junction enter into an agreement with Visus Engineering Construction, Inc. The bid submitted is in the base bid amount of$458,400 Amok As requested by Council, the bid also included an alternate to utilize pavers in place of the stamped concrete which was listed in the base bid If the pavers were installed the contract amount would be $484,183 Staff is requesting that a contract be awarded to Visus Engineering Construction, Inc in an amount not to exceed $504,240. This amount is the bid amount plus a 10%contingency. This contract is expected to be paid with CDBG funding($229,269), Redevelopment District Revenue($229,131)with a portion being reimbursed to the City through a development agreement with Superstition Mountain Mental Health Clinic RECOMMENDATION Staff respectfully requests that Council approval a contract with Visus Engineering Construction, Inc. ACTION REQUIRED Consideration for approval Attachment One Visus Engineering Construction, Inc contract for services A.. 2 City OF APACHE JUNCTION AGREEMENT FOR PLAZA DRIVE IMPROVEMENTS PROJECT PW 2010-09 THIS AGREEMENT made and entered into by and bet een the City of Apache Junction, an Arizona municipal corporation ("City") and Visus Engineering Construction, Inc. , an Arizona cor oration ("Contractor") RECITALS A. In response to City' s Notice Inviting Bid P oposals dated November 17, 2010, and any addendums applicable ther to, Contractor submitted a proposal dated, December 1, 2010, in whi h Contractor asserts its willingness, ability and qualifications o provide this work and service. B. City has complied with the public bidding requirements under Arizona Revised Statute Title 34 and Apache Junction City code Article 3-7 C City and Contractor desire to set forth her in their respective responsibilities and the manner and terms upon which Contractor shall render the services . I NOW, THEREFORE, City retains Contractor to perf rm, and Contractor agrees to render the services in accordan e with the terms and conditions set forth below. AGREEMENT 1 eN 1. PROJECT DESCRIPTION. CONTRACTOR shall do an perform or cause to be done and performed in a good workmanlike manner, the work in accordance with and as more fully described n the Notice Inviting Bid Proposals for Project No. PW2010-09, on file with the Public Works Department, which includes the followin scope of work: This federally funded Community Development Block rant project, Plaza Drive improvements will include the followin . removal of existing asphalt pavement including base materials installation of new base material and asphalt pavement, curb an gutter, sidewalk, landscaping, ADA accessible ramps, 24-inch storm drain concrete pipes with headwalls, streetlights, signing and striping, adjustment of existing utilities and other street related improvements . All work shall be completed in accordance with the following (hereinafter referred to as the Contract Documents) : 1) the construction plans entitled "City of Apache Junction Public 1 Works Department Plaza Drive Improvements, Project Number PW2010-09"; 2) the latest "Uniform Standard Specifications and Details for Public Works Construction" by the Maricopa Association of Governments; and 3) Engineering Standards and Details of the City of Apache Junction, all of which are hereinafter referred to as the Contract Documents . 2. PAYMENTS & COMPLETION: The contract sum shall be the total amount payable by City to the Contractor in the amount of Four Hundred Fifty Eight Thousand Four Hundred Dollars and No Cents ($458, 400) for the performance of the work under the contract documents except for changes authorized by properly executed change orders. Upon notice that the work is ready for final inspection or acceptance, City representatives shall promptly cause to be made an inspection. When City finds the work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that to the best of their knowledge, information and belief and on the basis of its observation and inspection, the work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. No final payment shall become due until the Contractor submits to the all required lien waivers, releases and any other data establishing payment or satisfaction of all Contractor' s obligations . If any Subcontractor refuses to furnish a release or waiver required by City, Contractor may furnish a bond satisfactory to the City to indemnify City against any such lien. If any such lien remains unsatisfied after all payments are made, Contractor shall refund to City all monies that the latter may be compelled to pay in discharging such liens, including all costs and reasonable attorneys fees 3 CONTRACT TIME. Contractor hereby fixes the time for beginning work no later than January 31, 2011, with substantial completion no later than April 29, 2011 . Upon failure to complete work within the time specified, the Contractor shall pay as liquidated damages for the loss of use of the benefit of this project the sum as provided in Table 108 of the M.A.G. Specifications per day for each day the work remains unfinished. This provision does not limit the liability of Contractor for actual damages sustained by the City as a result of any breach of contract or warranty by the Contractor 4. INDEPENDENT Contractor. Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent Contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor Contractor shall supervise and direct the work to be done using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the work required by the contract documents 2 Contractor shall be responsible to Cityfor the acts and omissions p of its employees, Subcontractor' s and their agents a d employees and other persons performing any of the work under a y contract document . 5. LABOR AND MATERIALS: Unless otherwise pro ided in the contract documents, Contractor shall provide, pay an insure under the requisite laws and regulations for all labor, ma erials, equipment, tools and machinery, water, heat, utiliti s, transportation, other facilities and services necess ry for the proper execution and completion of the work whether emporary or permanent, and whether or not incorporated or to be ncorporated in the work. 6. INSPECTIONS AND QUALITY OF WORK: Contracto understands and specifically agrees that all work is to be perfo med pursuant to Maricopa Association of Governments specification and details, ("MAG" specifications and details") with City' s addi ions. Contractor agrees that it will conduct at least one re- construction meeting before any work commences. Whi e performing the services, Contractor shall exercise the reasonab e professional care and skill customarily exercised by reputed memb rs of Contractor' s profession practicing in the Phoenix me ropolitan area, and shall use reasonable diligence and best 3u gment while exercising its professional skill and expertise. Contractor shall also be responsible for all errors and omissions Contractor commits in the performance of this Agreement Contractor understands and agrees that inspection of the work being performed hereunder will occur by City. Contractor agrees that City will hay= the exclusive right to determine, in its sole discretion, whether she work has been performed in accordance with the Contract Docum=nts, including MAG specifications and details Contractor further -grees to make such corrections to the work as may be directed by C ty to conform to said Contract Documents including MAG specifications and details, without requirement of Change Order or any -dditional charge or cost to City whatsoever. Contractor furth=r agrees to make such corrections to the work within the time fo• completion of work as specified in Section 3 above and shall not b= entitled to additional time for completion of work for any corre.tion work needed to be performed hereunder. Failure to perfor correction work within the time to complete work as provided in Section 3 shall subject Contractor to liquidated damages as provided therein 7. WARRANTY- Contractor shall guarantee the ork against defective workmanship or materials for a period of o e year from the date of its final acceptance under the contract, ordinary wear and tear and unusual abuse or neglect excepted Any omission on the part of City to condemn defective work or materials at the time of construction shall not be deemed an acceptance and Contractor will be required to correct defective work or materi is at any time before final acceptance Within one year from the d to of final acceptance due to faults in workmanship or materials, the Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or aff cted by 3 02144 making the above repairs or corrective work all at no additional cost to City. In the case of work materials or equipment for which warranties are required by the special provisions, Contractor shall provide or secure from the appropriate Subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the work Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and eN guarantees provided in this subsection of the contract documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. ' If the Contractor fails within a reasonable time to replace or repair any portion of the work deemed to be needed, the City may cause said work to be done and the Contractor agrees to pay all costs incurred, or the 'City may use the Warranty Bond to pay for costs incurred. 8. TAXES: Contractor shall pay all license, sales, consumer, use and other similar taxes for the work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. 9 PERMITS & FEES* Unless otherwise provided in the contract documents, Contractor shall secure and pay for all permits, governmental fees, licenses and inspections necessary for the proper execution and completion of work which are customarily secured after execution of the contract and which are legally required Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. City permits for this work will be provided to Contractor at no cost Contractor understands that the activity described herein elk constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business tax license pursuant to Article 8-5 of the Apache Junction City Code from the City Clerk' s Office and keep such license current during the term of this Agreement and after termination of this Agreement any time work is performed pursuant to the warranty provisions set forth in Section 5 . Any activity by Subcontractor' s within the corporate City limits, will invoke the same business tax regulations on any Subcontractor' s, and Contractor ensures its Subcontractor' s will obtain any required business tax license 10 SUPERINTENDENT. Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the work. The superintendent shall represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor Important communications shall be confirmed in writing. The designated superintendent' s contact information shall be provided to the Public Works Director or his 4 designee in writing within five (5) working days after execution of this Agreement . 11. PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, reaffirm the estimated progress schedule as submitted with the bid proposal . Said progress schedule shall be maintained and updated during the project 12. INDEMNIFICATION: Contractor shall defend indemnify and hold harmless City, its, agents, officers, officials and employees, from and against all claims, damages, losses and expenses (including but not limited to attorney fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor' s Subcontractors or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable . The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. 13. SUBCONTRACTORS. All Subcontractors chosen by Contractor will be subject to City' s approval . All Subcontractors shall be identified by Contractor prior to award of contract . Contractor shall make no substitutions for any Subcontractor, person or entity previously selected without the approval of City 14 . GOVERNING LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any terms of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorney fees to be determined by the court in such action 15. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed in the State of Arizona, possessing a current A M. Best, Inc Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of the City constitute a material breach of this Agreement . 5 { O { Contractor' s insurance shall be primary insurance as respect to City, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City ON The insurance policies, except Workers Compensation, shall contain waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor' s acts, errors, mistakes, omissions, work or services The insurance policies may provide coverage which contain deductibles or self-insured retentions . Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self-insured retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement . The insurance policies, except Workers Compensation and Professional Liability, required by this Agreement, shall name City, its Mayor, Council, appointees, agents, officers, officials ON and employees as additional insured parties. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1, 000, 000 for each occurrence with a $2, 000, 000 Products/Completed Operations Aggregate and a $2, 000, 000 General Aggregate Limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement which coverage will be at least as broad as Insurance Service Office, Inc. Policy Form CG 00011-03 or any replacement thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any 6 i provision which would serve to limit third party act on over claims. The Commercial General Liability additional insured ndorsement shall be at least as broad as the Insurance Service Office Inc. ' s Additional Insured Form CG 20101185, and shall include coverage for Contractor' s operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of ^ the work, services or operations, Contractor shall pirchase and maintain, at all times during prosecution of the wor , services or operations under this Agreement, an Owner and Contractor' s Protective Liability insurance policy for bodily injiry and property damage, including death, which may arise in the prosecution of the Contractor' s work, service or operations under this Contract Coverage shall be on an occurrence basis with a limit not less than $1, 000, 000 per occurrence, and t e policy shall be issued by the same insurance company that issues lontractor' s General Liability insurance. Workers' Compensation Contractor shall carry Workers Compensation insuranci. to cover obligations imposed by federal and state statutes ha ing jurisdiction of Contractor' s employees engaged in the performance of the work or services, and Employer' s Liability insurance of not less than $100, 000 for each accident, $100, 000 disease for each employee, and $500, 000 disease policy limit In case any work is subcontracted, Contractor will r 'quire all Subcontractors to provide Workers Compensation and E ployer' s Liability to at least the same extent as required of Contractor Professional Liability If deemed applicable by the City Attorney, Contracto will maintain Professional Liability insurance covering acts, erro s, mistakes el and omissions arising out of the work or services pe formed by Contractor, or any person employed by Contractor, wi h a limit of not less than $1, 000, 000 each claim. CERTIFICATE OF INSURANCE Prior to commencing work or services under this Agrement, Contractor shall furnish the City with Certificates of Insurance, or formal endorsements as required by Agreement, issued by Contractors insurer (s) , as evidence that policies prQ'viding the required coverages, conditions and limits required bQ this Agreement are in full force and effect . In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall ext nd for two (2) years past completion and acceptance of the Contract is work or services and as evidenced by annual Certificates of nsurance, to be filed with the City Clerk of City. 7 If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date and all required insurance shall not expire, be cancelled, or materially changed without a minimum thirty (30) calendar days written notice to City from Contractor. All Certificates of Insurance shall be identified with bid serial number and title At the close of the project when the work has been accepted by the OIN City, the Contractor shall provide a Warranty Bond in the amount of ten percent (10%) of the Performance Bond The Warranty Bond shall be held by the City during Warranty Period 16. CHANGE ORDERS This is a Lump Sum Contract However, change orders may be processed as delineated herein A change order is a written order to Contractor, approved by the Director of Public Works, issued after execution of the contract authorizing a change in the work or an adjustment in the contract sum or the contract time. A change order signed by Contractor indicates its agreement therewith. City may, without invalidating the contract, order changes in the work within the general scope of the contract consisting of additions, deletions or other revisions, the contract sum and the contract being adjusted accordingly. All such changes in the work shall be authorized by change order and shall be performed under the applicable conditions of the contract documents. City' s Director of Public Works shall have authority to order minor changes in the work not involving an adjustment in the contract sum or extension of contract time and not inconsistent with the intent of the contract documents All such changes shall be effected by written order and shall be binding upon City and Contractor 17 SUCCESSORS & ASSIGNS• City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other party hereto and to the partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the contract documents Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation for whom it was intended or if delivered at or sent registered or certified mail, return receipt requested, and first class postage prepaid to the last business address known to them who gives the notice 19. CLAIMS FOR DAMAGES: Should either party to the contract suffer injury or damage to personal property because of any act or omission of the other party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages 8 n elliS 20. PERFORMANCE BOND & LABOR & MATERIAL PAYMEN BOND: City shall have the right to require Contractor to furnis bonds covering the faithful performance of the contract an the payment of all obligations arising thereunder. Attached are standard bond forms which must be completed by Contractor, and Contractor agrees to conform to all provisions set forth in such forms 21. SAFETY: Except as provided herein with espect to trench excavation and traffic regulations, Contracto and/or its Subcontractors shall be solely responsible for job s fety at all times. 1 22. RIGHTS & REMEDIES: The duties and obligations imposed by the contract documents and the rights and remedie . available thereunder shall be in addition to and not a limitat on of any duties, obligations, rights and remedies otherwise i posed or available bylaw. No action or failure to act byCi or Y Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches thereunder except as may be specifically agreed to i writing. 23. ENFORCED DELAYS (FORCE MAJEURE) : All tim: limits stated in the contract documents are of the essence Contractor shall begin work on the date of commencement as defined in Section 3 above. Neither City nor Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforc=d Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually 1 severe weather or the delays of subconsultants or materialmen due to such causes, acts of a public enemy, war, terrors m or act of terror (including but not limited to bio-terrorism o eco elIN - terrorism) , nuclear radiation, blockade, insurrectio , riot, labor strike or interruption, extortion, sabotage, or simi ar occurrence or any exercise of the power of eminent domain of an governmental body on behalf of any public entity, or a declaratio of moratorium or similar hiatus (whether permanent or temporary) b any public entity directly affecting the Project. In no event ill Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by Consultant in connection with the Project. Consultant agrees that Consultant alone will bear all risks of elay which are not Enforced Delay In the event of the occurrence f any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be ext nded for a period of the Enforced Delay; provided, however, tha the Party seeking the benefit of the provisions of this Sectio shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Part of the 9 specific delay in writing and claim the right to an extension for the period of the Enforced Delay, and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 24. TERMINATION BY Contractor: If the work is stopped for a period of fifteen (15) calendar days under an order of any court or other public authority having jurisdiction or as a result of an act of government such as declaration of national emergency making material unavailable through no act or fault of Contractor or a Subcontractor or their agents or employees, Contractor may upon seven (7) additional calendar days, give written notice to City, terminate the contract and recover from City payment for all work executed and for any proven loss sustained upon any materials, equipment, tools, construction equipment and machinery including reasonable profit and damage. 25 TERMINATION BY City* If Contractor is adjudged bankrupt or if it makes a general assignment for the benefit of its creditors or if a receiver is appointed on account of its insolvency, of if it persistently or repeatedly refuses or fails except in case for which extension of time is provided to supply enough properly skilled works or proper materials or labor or persistently disregards laws, ordinance, rules, regulations or orders of any public authority having jurisdiction or otherwise is guilty of a substantial violation of a provision of the contract documents, City upon certification by the Director of Public Works that sufficient cause exists to justify such action may without prejudice to any right or remedy and after giving the Contractor and its surety if any, ten (10) calendar days written notice, terminate this contract and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method it may deem expedient. In such case, Contractor shall not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract sum exceeds the cost of finishing the work such excess shall be paid to the Contractor If such costs exceed the unpaid balance, Contractor shall pay the difference to City. The amount to be paid to Contractor or to City as the case may be, shall be certified by the City' s Director of Public Works and this obligation for payment shall survive the termination of this contract . 26 RECORDS: Records of Contractor' s labor, payroll and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request Contractor shall maintain records for a period of at least five (5) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 27. AMENDMENT. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the 10 parties hereto, and thatoral understandings or agreements not g incorporated herein shall not be binding on the parties 28 SEVERABILITY. If any part, term or prove ions of this Agreement shall be held illegal, unenforceable or in conflict with any law, the validity of the remaining portions and rovisions hereof shall not be affected 29. CONFLICT OF INTEREST: The provisions of A.R. S. § 38-511 eN relating to cancellation of contracts due to conflicts of interest shall apply to this contract. 30. COMPLIANCE WITH FEDERAL AND STATE LAWS: T e Contractor understands and acknowledges the applicability to it of the American with Disabilities Act, the Immigration Refo m and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts- The Co tractor must also comply with A R S. § 34-301, "Employment of Ali ns on Public Works Prohibited", and A R S § 34-302, as amended, Residence Requirements for Employees" . Under the provisions of A.R.S. § 41-4401, Contractor hereby warrants to the City that the Contractor and each of its Subcontractors will comply with, and are contractual y obligated to comply with, all Federal Immigration laws and regula ions that relate to their employees and A R S § 23-214 (A) (he einafter "Contractor Immigration Warranty") . A breach of the Contractor Immigration Warranty shal constitute a material breach of this Contract and shall subject t e Contractor to penalties up to and including termination of this Contract at the sole discretion of the City. The City retains the legal right to inspect the papers of any Contractor or Subcontractors employee who works on this Contract to e ensure that the Contractor or Subcontractor is compl ing with the Contractor Immigration Warranty Contractor agrees o assist the City in regard to any such inspections. The City may, at its sole discretion, conduct randomlverification of the employment records of the Contractor and any f Subcontractors to ensure compliance with Contractor' Immigration Warranty. Contractor agrees to assist the City in r gard to any random verifications performed Neither the Contractor nor any of Subcontractor shall be deemed to have materially breached the Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal Immigration and Nationality ct and the E- Verify requirements prescribed by A.R.S. § 23-214, S bsection A. The provisions of this Article must be included in a y contract the Contractor enters into with any and all of its Subco tractors who 11 provide services under this Contract or any subcontract. "Services" are defined as furnishing labor, time or effort in the State of Arizona by a Contractor or Subcontractor. Services include construction or maintenance of any structure, building or transportation facility or improvement to real property OIN OIN 12 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2010 . Visus Engineering Construction, Inc. By- Title- STATE OF ARIZONA ss. COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by as Contractor in the above-referenced Agreement. Witness my hand and official seal. My Commission Expires. Notary Public 13 City OF APACHE JUNCTION an Arizona municipal corporation By: JOHN S. INSALACO Its MAYOR ATTEST. Kathleen Connelly City Clerk APPROVED AS TO FORM: Richard J Stern City Attorney STATE OF ARIZONA ) ss . COUNTY OF PINAL The foregoing instrument was acknowledged before me this day of 2010, by , as (Name) (Title) of the City of Apache Junction, an Arizona municipal corporation, for and on behalf of said Corporation. in the above-referenced Agreement Witness my hand and official seal . My Commission Expires - Notary Public 14 STATUTORY PAYMENT BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to Title 20, Chapter 2, Article 1, with its principal office in the City of (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written con ract with the Obligee, dated day of , 2010 to which contract is hereby referred to and made a part hereof as full and to the same extent as if copied at length herein NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, th t if the said Principal shall promptly pay all moneys due to all persons su plying labor or materials to Principal or Principal's Sub-Contractors in the rosecution of the work provided for in said contract, this obligation shall be old. Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Title, Chapter and Article, to the same extent as if they were copies at length herein The prevailing party in a suit on this bond shall recover as art of the judgment reasonable attorney fees as may be fixed by the judge of the ourt. Witness our hand this day of , 2010. PRINCIPAL SEAL BY AGENCY OF RECORD AGENCY ADDRESS SURETY BY 15 STATUTORY PERFORMANCE BOND PURSUANT TO TITLE 34, CHAPTER 2, ARTICLE 2, OF THE ARIZONA REVISED STATUTES (Penalty of this Bond MUST be 100% of the Contract Amount) KNOW ALL MEN BY THESE PRESENTS That, (hereinafter called the Principal) , as Principal, and , a company /corporation holding a Certificate of Authority to transact surety business in the State of Arizona as issued by the Director of the Department of Insurance pursuant to (hereinafter called the Surety) are held and firmly bound unto the City of Apache Junction (hereinafter called the Obligee) , in the amount of Dollars ($ ) , 011111 for the payment whereof, the said Principal and Surety bind themselves, their heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated day of ,20_ to which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the Principal faithfully performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of the contract during the original term of the contract and any extension of the contract, with or without notice to the surety, and during the life of any guaranty required under the contract, and also performs and fulfills all of the undertakings, covenants, terms, conditions and agreements of all duly authorized modifications of the contract that may hereafter be made, notice of which modifications to the surety being hereby waived, the above obligation is void. Otherwise it remains in full force and effect PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Title 34, Chapter 2, Article 2, of the Arizona Revised Statutes, and all liabilities on this bond shall be determined in accordance with the provisions of Title 34, Chapter 2, Article 2, Arizona Revised Statutes, to the extend as if they were copies at length in this agreement The prevailing party in a suit on this bond shall recover as part of the judgement reasonable attorney fees as may be fixed by the judge of the court. Witness our hand this day of , 20 PRINCIPAL SEAL 0/144 BY: AGENCY OF RECORD AGENCY ADDRESS SURETY BY. ATTORNEY IN FACT 16 Auk CITY OF APACHE JUNCTION WARRANTY BOND PROJECT NO.PW2010-09 BOND NO. PREMIUM NO WHEREAS, the City of Apache Junction (hereafter"City") and (hereafter"Principal") have entered into an agreement ("Agreement") dated - , 20 , whereby Principal agreed to install and complete certain designated public improvements as a condition of relating to at Principal's own expense and which Agreement is hereby referred to and made a part hereof, and WHEREAS, Principal is required under the terms of the Agreement to furnish warranty security for the work performed pursuant to the Agreement in the amount of ten percent (10%) of the original amount of the security deposit to guarantee replacement and repair of the improvements as described in the Agreement for a period of one year following final acceptance of said improvements NOW, THEREFORE, we, Principal, and ("Surety"), are held and firmly bound unto City in the penal sum of ($ ) lawful money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors, and administrators, jointly and severally. The condition of this obligation is such that if Principal shall indemnify City for all loss that City may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after acceptance of the improvements by the City, then this obligation shall be null and void, otherwise, this obligation shall remain in full force and effect As a part of the obligation secured hereby and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered Surety shall provide City with thirty (30) days' written notice of Principal's default prior to Surety terminating, suspending or revoking the bond. In witness whereof, this instrument has been duly executed by Principal's and Surety on , 20 Principal Surety By Attorney-in-Fact Address 17 City OF APACHE JUNCTION PROJECT NO. PW2010-09 CERTIFICATE OF INSURANCE The certifies that the following insurance policies have been issued on behalf of. NAME OF INSURED ADDRESS OF INSURED Type of Policy Effect Expire Limits of Insurance Number Date Date Liability 1 Workman' s $100,000 Each Accident, Compensation $100,000 Each Disease, $500,000 Disease Policy Limit 2 Commercial $1,000,000 Each Occurrence, General $2,000,000 Products Liability /Completed Operations Aggregate; $2,000,000 General Aggregate Limit 3 Contractual $1, 000, 000 Each . Bodily Injury Occurrence & Property Damage 4 Professional $1, 000, 000 Each Claim . Liability 5 Automobile $1, 000, 000 Each Bodily Injury Occurrence & Property Damage It is further agreed that these policies shall not expire, be canceled or changed until all work has been completed and the project has been accepted by the City If a policy does expire during the life of the contract, a renewal Certificate of the required coverage must be sent to the City of Apache Junction not less than thirty (30) calendar days prior to expiration date This Certificate is not valid unless countersigned by an authorized representative of the Insurance Company. The Certificate of Insurance must also provide that the City, its Mayor, Council, appointees, officers, employees and agents, are additional insured parties. Date• Countersigned by. Title: SUBSCRIBED AND SWORN TO before me this_ day of ,2010 by as Insurer. Notary Public My Commission Expires 18 ROLL CALL VOTE NOTES: ITEM # \ MEETING OF MOTION BY: V SECONDED BY: I NO ABSTAINED COUNCILMEMBER ECK COUNCILMEMBER BARKER VICE MAYOR DIETZ V/ COUNCILMEMBER COLEMAN \J COUNCILMEMBER SERDY ✓ COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL bk CONSENT AGENDA ITEMS NO. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT THE AWARD OF BID FOR PW 2010-09, PLAZA DRIVE IMPROVEMENTS PHASE ONE, BE AWARDED TO VISUS ENGINEERING CONSTRUCTION, INC. IN THE AN AMOUNT NOT TO EXCEED $405,240 00; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. Pp ACM o•► e... G °4 do City o_f Apache Junction Home of the Superstition Mountains 4 7o�P a Print TO: City Manager's Office FROM: David Fern, Public Works Director DATE: January 18,2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: PRESENTATION OF 30-YEAR SERVICE AWARD TO MELVIN MORRIS OF THE PUBLIC WORKS DEPARTMENT ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: Presentation of award to Melvin Morris for completion of 30 years of service with the City of Apache Junction. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available Amok Aeon. PpACH �G °� City o,f Apache Junction � z Home of the Superstition Mountains 4RiioN* al Print TO: City Manager's Office FROM: Bryant Powell, Assistant City Manager DATE: January 18,2011 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: PRESENTATION BY AND DISCUSSION WITH PAUL PECORA, MEDIACOM MANAGER, ON UPDATE OF MEDIACOM COMMUNCIATIONS, NEWS AND ITEMS OF INTEREST. ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Paul Pecora, Senior Manager of Area Operations, will provide the mayor and council with an update of Mediacom Communications activities, community outreach and other items of interest. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: '`RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available _____ � G � • a C ty of./pa • che Junction Home of the Superstition .1,l ountalns a,Print TO: City Manager's Office FROM: Heather Patel, Program Coordinator DATE: January 18, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Communication/Outreach TITLE OF AGENDA ITEM: PRESENTATION BY AND DISCUSSION WITH A REPRESENTATIVE FROM THE INTERNAL REVENUE SERVICE (IRS) ON THE EARNED INCOME TAX CREDIT, THE TAX COUNSELING FOR THE ELDERLY, AND THE VOLUNTEER INCOME TAX ASSISTANCE PROGRAMS ACTION REQUESTED: Information Only (No discussion) DISCUSSION/BACKGROUND INFORMATION: The Internal Revenue Service (IRS), over the years, has instituted multiple programs to reach out to communities to offer tax services and programs to help families in need. Through free tax preparation, tax credits are made available to low income families. Such tax credits have included the Earned Income Tax Credit and the Child Tax Credit. The IRS has determined the best way to reach out to communities is through volunteers Two programs were created to meet this need• 1) The Tax Counseling for the Elderly Initiative, and 2)The Volunteer Income Tax Assistance. Through these programs, the city has three locations to offer free tax preparation services to Apache Junction residents FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: Staff respectfully requests that the City Council receive a presentation by staff regarding the upcoming tax season and the free tax preparation available to Apache Junction residents Additionally, the City would like to introduce A representative from the United Way of Pinal County who will also have a location to help serve the residents of Apache Junction with this invaluable program. Presenting will be Helen Denton, Resource Development Director. ATTACHMENTS: Click to download D Staff Report O C+ City of Apache Junction 'qRf Z o�"P Development Services Department MEMORANDUM DATE: January 6, 2011 TO: The Honorable Mayor and City Council THROUGH. George Hoffman,City Manager Brad Steinke, Development Services Director Roger Hacker, Revenue Resources Manager FROM: Heather Patel, Program Coordinator SUBJECT: Earned Income Tax Credit Program and Tax Counseling for the Elderly REQUEST Staff respectfully requests that the City Council receive a presentation by staff regarding the upcoming tax season and the free tax preparation available to Apache Junction residents. Additionally,the City would like to introduce a representative from the United Way of Pinal County who will also have a location to help serve the residents of Apache Junction with this invaluable program. Presenting will be Helen Denton, Resource Development Director BACKGROUND The Internal Revenue Service("IRS"), over the years has instituted multiple programs to reach out to communities to offer tax services and programs to help families in need. Through free tax preparation, tax credits are made available to low income families Such tax credits have included the Earned Income Tax Credit and the Child Tax Credit. The IRS has determined the best way to reach out to communities is through volunteers Two programs were created to meet this need. 1)The Tax Counseling for the Elderly("TCE") Initiative; and 2)The Volunteer Income Tax Assistance("VITA") The City of Apache Junction has participated in the coordination of the Earned Income Tax Credit Program and TCE Initiatives with the Internal Revenue Service and American Association of Retired Persons("AARP") in providing opportunities for ALL residents to seek out and obtain assistance in completing their tax returns by AARP volunteers In addition to receiving free tax preparation, residents are also advised of potential tax incentives and credits that are offered to households and families. Beginning February 1st and running until April 15th Apache Junction will now have three locations for residents to receive this service. AARP volunteers will be available at the Moose Lodge on Wednesdays and Thursdays from 9 00 a m to 2.00 p m. and the Apache Junction Public Library on Fridays and Saturdays from 9:00 a.m.to 1.00 pm The United Way of Pinal County VITA volunteers will be adding a location at 2066 West Apache Trail, which will provide free tax preparation services on Thursdays from 3.00 p.m.to 6 00 p m The VITA program, although similar to the TCE program has more stringent requirements for the persons +lk. whom they serve ACTION REQUIRED Information only 2 P. kf C O� ✓G ' o City of Apache Junction x Home of'the Superstition Mountains 4#1Z0p* al Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: January 18,2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Ctkk to download No Attachments Available PUBLIC HEARING 1. For APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. pyACkf io ` � �a City of Apache Junction Hone of the .Superstition Mountains garzoNr a Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: January 18, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: This is for the Lost Dutchman Days Kick-Off on Thursday, February 25, located at 2455 N. Apache Trail. The next step in the procedure is for the city council to hold a public heanng and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT: OPTIONS/ALTERNATIVES: "'RECOMMENDATION: ATTACHMENTS: Click to download D cover memo D application O applicant letter O department memo D planning recommendation O police recommendation O fire recommendation pQpCH /� _ l �k �C� Q ��l fLCLC�LP� �f{,YLC�2/ Home of the Superstition ,Vlountcnns '� ‘ P�IZo JANUARY 5, 2011 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK k/t'/ FROM JAN MASON, DEPUTY CITY CLERK ,,Z,Z'j SUBJECT: AGENDA ITEM FOR JANUARY 18, 2011 APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE#2349 An application for an extension of premises has been submitted by Mr. Denny Walter of Elks Lodge #2349 for Lost Dutchman Days on February 25, 2011 at 2455 N Apache Trail, Apache Junction. Correspondence has been received from the planning division, police department and fire district, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or n denial to be forwarded to the State Department of Liquor Licenses and Control • Voice(480)982-8002 • FAX(4801 982-70 1 8• CDD(480)98;-0095 • « alcit} net 300 F Superstition Boulevard. Apache Junction.A7 8-12l9 ARIZONA DEPARTMENT OF LIQUOR LICENSES Sr CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602)542-5141 APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR i3 Permanent change of area of service—Give specific purpose of change: Temporary change for date(s)of Lost Dutchman Days Kick-off Thurs.Feb.25TH 2011 11:00AM-10:00PM 1 Licensee's Name Walter Denny L Last First Middie 2 Mailing Address 5525 N.Wolverine Pass Rd Az. 85219 City State Zip 3 Business Name A.J. Elks Lodge#2349 LICENSE it: 14110004 4 Business Address 2455 North Hwy. 88 Apache Junction (final Co.) AZ. 85217 City COUNTY State zip 5 Business Phone ( 480 ) 982-2349 Residence Phone: ( 602 ) 463-6805 6 Do you understand Arizona Liquor Laws and Regulations? is YES 0 NO FAX# ( 480 ) 288-2581 7 Have you received approved Liquor Law Training? 0 NO ® YES When? Filly'Roadhouse 3-19-08 8 What security precautions will be taken to prevent liquor violations in the extended area? A.J. Mounted Rangers Will Be On Site from 10:00A.M.Till 10:00 P.M. 9 Does this extension bring your premises within 300 feet of a church or school? 0 YES ©NO 10 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD ****After completing sections 1-9,take this application to your local Board of Supervisors,City Council or Designate for their recommendation This recommendation is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate Ask (Authorized Signature) (Title) (Agency) I. 1) 'l'- ^ `/- i = .! - ,being first duly swam upon oath,hereby depose, swear and declare, (Print full rymei under penalty of perjury,that i rim ti . *,"LICANNOINIIIMVINalibregong application I have read this application and the contents and all statements are true,corec "." plpletc4T Of AritZONA mairicepra Cavity /!) ' rINAA MLOV 6f County of ty l CC..)*� X L''�. r i 'J "�? My co( .. -aron Expires 12 CRI lED IN MY PRESENCE AND SWORN TO bbfote me this date (Signature of Owner& MUM"' tray ���orr�r t ear My commission expires on ck (Signature of NOTARY PUBLIC) Investigation Recommendation❑Approval ❑Disapproval by Date —� Director Signature required for Disapprovals Date LIc.I.S.sZ.o9 *Disabled individuals requiring special accommodation,please call the Department(602)542-9027. Area Needed to for itAst bKfai. sthm base Fpb 544A, s 13444 Al• Vit ei‘• 11"411.4 y /04w7 - rt-rA4.04, - ot,e- ..11S Elks L dge - WOW AM*Nocgaited I a 0 I] 3 \ '51* f Fenced Patio Security Will be From° where Symbols Are 1.4..1)i)4 :5e:L..41 a ti jai s Roped Off Area - - 71-11Z t.) 101e—b 1190 tAl rci el.) 141 g • 3 411111\ Auk P?ACHe ray/taleViteiel‘ift,W1/49/14/ • - Honte of the Superstition Mountains 41? of December 21, 2010 Denny L Walter Apache Junction Elks Lodge #2349 P 0 Box 459 Apache Junction, AZ 85117 Dear Mr Walter Please be advised that your application for an Extension of Premises for Elks Lodge #2349 for Lost Dutchman Days to be held February 25, 2011, at the Elks Lodge, 2455 N Apache Trail (Highway 88), has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on January 18, 2011, at 7 00 p m. in the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control Your attendance is requested should council have any questions on this application. ,.! If you have any questions concerning this matter, please contact my office at (480) 982-8002 Sincerely, " \\„\\ Kathleen Connelly / „�, -,� City Clerk C •Voice(480)982-8002 • FAX(480)982-7018•1DD(480)983-0095•www ajcity net 300 E Superstition Boulevard, Apache Junction.AZ 85219 •�pACH rIlk Ofee.friltairit6, Ittnctiort Hone of the Superstition Mountains 414 ONP DECEMBER 21, 2010 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY, ADMIN. SGT. PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT 4 THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE#2349 Mr Denny L. Walter has submitted an application for a temporary extension of premises for Lost Dutchman Days to be held on February 25, 2011, at the Elks Lodge, 2455 N Apache Trail (Highway 88), Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Wednesday, January 5, in order for this item to be placed on the agenda for the City Council meeting of January 18, 2011. p •Voice(480)982-8002 • FAX(480)982-7018•TUI)(480)983-0095• 1kti1 sc ajcity net 300 E Superstition Boulevard. Apache Junction,AZ 85219 Janet Mason From: Yanet Ochoa Sent. Wednesday, December 29, 2010 8'16 AM To: Fred Baker Cc• Janet Mason Subject: RE Extension of Premises for Elks Lodge#2349 for Lost Dutchman Days The Planning Staff has no objections to the proposed extension of premises for Elk's Lodge (for Lost Dutchman Days) If you have any questions please don't hesitate to call me. *ewer 04)4 Assistant Planner 300 E Superstition Blvd City of Apache Junction yochoa@ajcity.net (480)474-2636 From: Fred Baker Sent: Monday, December 27, 2010 8 57 AM To: Yanet Ochoa Subject: FW: Extension of Premises for Elks Lodge #2349 for Lost Dutchman Days Please review and respond to Jan mason by January 5th Fred From:Janet Mason Sent: Wednesday, December 22, 2010 4.25 PM To: 'Dave Montgomery(dave.montgomeryCaajfire.orq)', Fred Baker, Brett Jackson Subject: Extension of Premises for Elks Lodge #2349 for Lost Dutchman Days Attached is the application for a temporary extension of premises for the Elks Lodge Please have your department recommendation to me no later than Wednesday,January 5, so that this can be on the January 18 agenda Thanks Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480-474-5068 imason@aicity.net Service Over and Above the Rest This message and the information within is intended for the recipient. If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other a� C Ap0i10Etit Apache Junction Police Department Interdepartmental Memoto4, 4RI 0t41' DATE 12/30i2010 TO Lt B Jackson #21 i- FROM Sgt T Parker#69 +L SUBJECT Elks Lodge Extension of Premises / Patio Permit Special Event for Lost Dutchman Days, Premise Liquor Inspection Lt. Jackson. At your direction I conducted a liquor and business inspection of the Elks Lodge located at 2455 North Highway 88 (North Apache 1 rail)with the assistance of Sergeant C Allison The inspection occurred on 12-30-2010 at 1450 hours During my inspection there were a few members consuming alcoholic beverages within the bar area. I contacted the bartender, Vtrgina "Jenny"Judd and the Licensee Denny L Walter whose title is 'Past Exalted Ruler" [PER]of the Lodge Ms. Judd advised she has been working the Lost Dutchman events for several years and will be working the outside beer areas The designated extension will be located along the u estside of their building at the pal king lot entrance coming in off of North Highway 88 The outside entertainment and beer sales area will be designated,Just west of the west exterior door and will only have cups and cans of beet allowed outside within this designated area. Hard liquor and bottles will continue to be sold INSIDE the establishment but will NOT be allowed outside. They usually have AJ Mounted Rangers at each door to prevent bottles and liquor from traveling outside Ms Judd stated that she is responsible for the outside sales and that she will card anyone of`questionable age'as the event is open to the public Currently the do not sale or use wristbands to help identified those who have already been identified above the age of 21 I^ therefore, may need to re-verify age as needed I then continued the premise inspection with the Licensee, Mr. Denny L Walter. Mr Walter advised this would be his fifth year having their event for Lost Dutchman Days and will be having a'Polka Dance ' Mr. Walter will be using the paved parking lot area just west of the west exterior door for the outside sales of beer and will also be having a car show He does not have an anticipated number of patrons that will be attending but by the venue they have scheduled he does not foresee any problems. As I spoke with Mr Walter I learned that the agreement with AJ Mounted Rangers is verbal to provide security assistance and to help regulate ally alcohol related concern. There is no contract between the two organizations or responsible parties involved, nor are anything specctic written about how the enforcement of alcohol related laws will be entorced to prevent any violations Though, if any violations are found both parties alcohol or security of the special event is aware and properly addressing these common violations I his is to prevent any, potential negative impact to their facility or liquor license especially since most volunteers with the AJ Mounted Rangers do not receive specific training in ARS Title 4 liquor enforcement It may also be more appropriate depending on number of patrons actually attending these events to obtain an oft duty police officer to prevent v iolations from occurring My inspection indicates the following • There are no reported liquor violations documented within the Apache Junction Police Department database • There are no known liquor violations documented with the Arizona Department of Liquor Enforcement • All alcoholic beverages were propel ly stored and not within easy reach of customers Therefore with my findings and observations this law enforcement officer does not object in approving a liquor license for this establishment as long as all other laws and requirements have been met to the City of Apache County of Pinal, and State of Arizona. r�r j CFAI `,�E' _ Apache Junction Fire District reA ax 565 North Idaho Road, Apache Junction, AZ 85119 Pr+ouaxsfnnHc , M !;�� H.�.� �! Phone (480) 982-4440, Fax(480) 982-0183 �Fosilk www ajfd org NNE / MEMORANDUM TO Kathleen Connelly,City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 FROM: Dave Montgomery,Deputy Chief/Fire Marshal bffil DATE: December 29,2010 SUBJECT Application For Temporary Extension of Premises for Elks Lodge#2349 The Apache Junction Fire District has reviewed the submitted documentation for 2455 N Apache Trail as related to event to be held on February 25, 2011. We would recommend approval of this application based, as always,on good practices for the general safety of all patrons and employees Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event. Thank you for your notification on this matter Dpm r ATTN Application ROLL CALL VOTE /IA NOTES. 21C\ F • ITEM # MEETING OF MOTION BY: SECONDED BY: \\ YES NO ABSTAINED COUNCILMEMBER COLEMAN COUNCILMEMBER ECK COUNCILMEMBER SERDY COUNCILMEMBER BARKER COUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL \\ ' JIMI• Int. AllWok ITEM NO. 8 I MOVE THAT THE APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE#2349 FOR FEBRUARY 25, 2011, SUBMITTED BY DENNY WALTER, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING 1. For BINGO LICENSE APPLICATION FOR ROADHAVEN RESORT 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. O� y Pp ACH �. x. o City of Apache Junction Home of the .Superstition Mountains 44.1zoto. Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: January 18,2011 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: BINGO LICENSE APPLICATION FOR ROADHAVEN RESORT#2. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Roadhaven Resort#2, located at 1000 S. Idaho Road, is upgrading its current bingo license from a Class A to a Class B. Pursuant to state law,the city council shall hold a public hearing and recommend approval or denial of the application to the Arizona Department of Revenue, Bingo Licensing Authority. FISCAL IMPACT: OPTIONS/ALTERNATIVES: "RECOMMENDATION: ATTACHMENTS: Click to download O cover memo O application D application part 2 D applicant letter O department memo D planning recommendation D police recommendation O fire recommendation le4ACHF 1. Knrfle of the SuperstttronMountainsqR ZOr1 JANUARY 5, 2011 MEMORANDUM TO HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL THROUGH: GEORGE R HOFFMAN, CITY MANAGER 1 THROUGH KATHLEEN CONNELLY, CITY CLERK '� C/ FROM. JAN MASON, DEPUTY CITY CLER -01-- SUBJECT: AGENDA ITEM FOR JANUARY 18, 2011 BINGO LICENSE APPLICATION FOR ROADHAVEN RESORT#2 A Bingo License Application has been submitted for Roadhaven Resort#2 located at 1000 S Idaho in Apache Junction They are upgrading from a Class A to a Class B. Pursuant to Title V, Chapter 4,Article 2, of the Arizona Revised Statutes, the"local governing body" shall hold a hearing and recommend approval or disapproval of the application to the Arizona Department of Revenue, Bingo Licensing Authority I have attached the responses from the planning department, police department and fire district, all recommending approval of the application •Vou.c(480)982-8002 • FAX(480)982-7018 • MD(480)983-0095 • I4ww aiciry.net 100 F Superstition Boulevard. Apache Junction.AZ 85219 Ink in\ I.1,UP...vrja ARIZONA DEPARTMENT OF REVENUE BINGO SECTION APPLICATION FOR LICENSE UPGRADE Any license issued in conjunction with this application shall expire on the same day as your current license To continue to conduct bingo games,your license must be renewed prior to the current expiration date. Submit a check for the amounts due in lines 2 and 5 below, Date of Application. 1 Licensee Name. t-- .c:xt- 3� , Current License No I I f=I 2. Additional License Fee Due:Class A to Class B $40.00 Class B to Class C ❑ $150 00 3 Gross Receipts to Date $ ` } `.`' �'r thru Date. _% . ->c) k .: 4 Tax Paid to Date $ r - , ` `` thru Date t )t-, 5 Additional Tax Due Class A to Class B Class B to Class C 1 5%of line 3$ 1 2%of line 3 S Minus Line 4 $ 2%of Line 4 $ Amount Due Amount Di. $. ,under penalty of perjury,upon oath,depose and say that I am du':y authorized to sign and file this application I hereby swear or confirm that I have read the foregoing application and verify that all information provided is true and complete to the best of my knowieage Signature of Affiant FOR OFFiCiAL USE ONLY 0 Approved 0 :Disapproved Reviewer _ Dale New License Number Tem of License to ADOR 7 1004 (2/03) Previous ADOR 25 1004 fit*. eIN Current License No ' Item 6 through 16 must be completed by all Class A licensees requesting an upgrade to a Class B license, Class B license upgrading to Class C only need to complete this information if there is a change which is not reflected on the current license If you need extra space, attach additional sheets 6 Type of qualified organization ❑ Charitable 0 Social 0 Religious 0 Veterans ❑ Fraternal ❑ Vol Fire Dept. RI Homeowners Assoc. ❑ Nonprofit Ambulance Service 7 Indicate the date your organization was established in Arizona, el\ (Forward a copy of current bylaws,charter documents, articles of incorporation or similar documentation) 8. Give the name and address of your parent organization or one auxiliary. , Parent ZoaQitooe•� /Op° 5- q40 --ea/ pac.`tic_J,s.ccti // g) 1) ? Auxiliary.a n3.p 4ce.. 9 Do you have tax exempt status from (Attach proof of exemption) IRS ❑ Yes ❑ No State of Arizona ❑ Yes ❑ No Applied for 10 Bingo Checking Account information. Bank Name. Account No 11 Bingo Interest Bearing Account Information (if any) Bank Name Account No 12 Name OFFICER and/or SUPERVISORS authorized to sign checks on the above identified accounts. Name. Name. Name ONE TWOpersons. iho win serve Manager These MEMBERS of licensee or p., on� ,��..,, ,,,serve as,Y,a„�g�, r h���persons must b2„AEM� R the and must file affidavit unless previously on file for the current licensing period. Name .,.0 I (.;. _Agde.c' o^ _ Name 14 Name ONE person designated as Prornaric rnordinator This person must be a MEMBER and an OFFICER or DIRECTOR of the license and must file an affidavit unless previously on file for the current licensing period Name Re ,c-I , ga so Title 15 Name all persons who shall serve as supervisors These persons must be MEMBERS of the licensee and must file an affidavit unless previously on file for the current licensing period wLI. airrt 1 G of Iciadiiy Tor ai parsons ueslgnaieu as Mssistanls inese persons must ne members or new members of the licensee aro mt ISi fii. art r,ffirlgult i Inincc prevouciv nn Ie rev Iliac .signs I,cens.nn period AOOR 71.1004 (2/03) Previous AOOR 25 1004 ; s: Arizona Department of Revenue • Bingo Section Phoenix (602) 716-7801 it*"` APPLICATION FOR BINGO LICENSE /'\ Complete all information on this form If you do not complete all information your application will be returned All information is subject to verification If you need more space,attach additional sheets Falsification of information contained in this application constitutes a Class 6 felony All bingo licenses expire one year from the date of issue To continue conducting bingo games you must renew your license prior to the expiration date For Department of Revenue Use Only [I Approved Cl Disapproved !REVIEWERS NAME(please print) DATE License Classification. ❑ Class A ❑ Class B ❑ Class C LICENSE NUMBER TERM OF LICENSE. From To Type or print in black ink t APPLICANT'S NAME 12 TELEPHONE NUMBER WITH AREA CODE EG 4." c � nuQ�r�s a h. 6 - 3 r? o - 3o -7 s J/' 51/ 4 3a ADMINISTRATIVE OFFICE LOCATION 4a MAILING ADDRESS 704,4 Gv I/000 C. c-/ -/I0 3b CITY STATE ZIP CODE 4b CITY STATE ZIP CODE 449 rc C7ri if el:ate+ /97 $`.S ' ! 9 its u►tU ro 11Z 5 Class B and Class C license applicants only' if applying as a qualified organization, indicate the type otorganization Check one box Charitable ] Social ❑ Religious ❑Veterans ❑ Fraternal ❑Volunteer Fire Department %Homeowners Association ❑Nonprofit Ambulance Service 6 Class B and Class C license applicants only If applying as a qualified organization,give the name and adores;of your one parent or auxiliary PARE AUXILi Y 6a t 14•1 114 t9 e V1 6b L 1 i t i- O acc d Gt ADDRESS NUMBER AND STREET,RURAL RT APT NO `ADDRESS= BER AND STREET RURAL RT APT NO /900 Vi S. ,L /Eha 171 /070 S, I 014 he CITY STATE ZIP CODE Ci / _.j� STATE ZIP CODE 1 f* nc,4:00v c6v5 / etata"CI;H 1 IDn/ `12--- / 9 7 Class B and Class C license applicants only If applying as a qualified organization indicate the date your organization was established in Arizona I I I ADOR 71 1010f(4/06) Continued on page 2+ ARIZONA DEPARTMENT OF REVENUE APPLICATION FOR BINGO LICENSE 8 Class B and Class C license applicants only. If applying as a qualified organization list current officers NAME,,.. NAME ,/� 8a /'a r( rv.cQf°.4N-50✓ sb e . tfrtt�e-r-s a.t✓ TITL ,4 TITLE t L1l a''l e' " i'o -e„les C o 0 Yjc.l;ti c.10,, ADDRESS-NUM5LR AND STREET.RURAL RT APT NO ADDRESS-NUMBER AN STREET RURAL RT,APT NO /000 5 • 1_'AEp ' /POO S. . 4!o aqc7/ CITY STATE ZIP CODE Cl ,� STATE ZIP CODE hittch vu c. t o.v gL 9- 'i/ �"di e c1 e ieo.., ?qz. 3 S)/. /� l /1 8c j�FasLG t��© R 8d eliN TITL TITLE ADDRESS-NUMBER AND STREET RUR RT,APT NO ADDRESS NUMBER AND STREET,RURAL RT APT NO /Oo 0 5'. ._�„,./abi, CITY ' ,— STATE ZIP CODE CITY STATE Z!P CODE 9 Class B and Class C license applicants only. Bingo checking account information Checking Account Number tr:,..i,'7 i i p 3 a©1 J< �� Bank Name and Branch IVe 1I$ freefreeJt 1 o 4/1 f AZ 10 Class B and Class C license applicants only� Bingo interest-bearing account information Account Number 'V/3 Bank Name and Branch 41 11 Class B and Class C license applicants only List all officers and/or supervisors authorized to sign checks from the accounts listed above If applying as a qualified organization aft supervisors must be members of the applicant NAME NAME ( tt 11a coei'I Acc((11 ?, E).=P,C .- 11b £31 i' C O'6,O l<' TITL y TITLE c. ttC' (to ed`�/! 11.4,6 v-- e-C v'C-+e.tom y A DRESS NUMBER AND STREET RURAL RT APT NO ADDRESS-NUMBER AND STfttET,RURAL RT APT NO / l 00 5 T i_da a STATE ZIP CODE 4ht loc 5- �c1 TA ZIP CODE q Gt v u e r ;et/ 17 $'L5/� d 4,e 4.t--- ,L'-- g' —1\ I eN 12 List the name(s)of the one or two persons who will serve as managers If applying as a qualified organization,these persons must be members of the applicant Each person must submit an affidavit NAME (� NAME 12a ..aaY' PIvtiae'.c o -Z' 12b TITLE TITLE IAA ,,A,.-Ca. Q Ei'f ADDRESS-NUMBER%1ND SI.R 7E T RURAL RT APT NO ADDRESS NUMBER AND STREET RURAL RT APT NO /000 5, _�1-.QA ha Kc r CITY f STATE ZIP CODE CITY STATE ZIP CODE a •c cJu�,c+t t,„. ,iZ g..S"i/9 13 List the name of the one person designated as proceeds coordinator If applying as a qualified organization this person must be an officer or director lad a member of the applicant Each person must submit an affidavit NAME ADDRESS NUMBER AND STREET RURAL RT AP r NO e tiCILI h i/t sfa "a z' poor, S j-da ha j TIT ,§ CITY I ! STATE ZIP CODE +!`a C e,tr.�,s �o a y' 'via+a 42actr Ju n�.si> in.--- ,42_ 1 5Si 19 AGOR 71-1010 0406) YY Page 2 of 5 ARIZONA DEPARTMENT OF REVENUE APPLICATION FOR BINGO LICENSE 14 List the name(s)of the person(s)who will serve as supervisor If applying as a qualified organization,each person must be a member of the applicant. Each person must submit an affidavit NAME E J � 14a �+(mac G 4 W1 e t vl 4 w't --- 14b E td S / TITLE TITL ‘'•-)Ct Q y' u `5 O r' D e o tf t S 0 ADDRESS �CMBERN �S}TREE�RURA�L�APT NO ADDRESS/ NUMBER AND STREET,RURAL,?RT,-APT NO 0 5 J )J / J�4A,o " Kp/ CI STATE ZIP CODE CIT STATE ZIP CODE e &TtDrti% 4 6 / y a�1r �nCf a,,t. f�,Z `s611NAME NAVE 14c 14d TITLE TITLE ADDRESS-NUMBER AND STREET RURAL RT APT NO ADDRESS NUMBER AND STREET.RURAL RT,APT NO CITY STATE ZIP CODE CITY STATE ZAP CODE 15 List the name(s)of the person(s)who will serve as assistants If applying as a qualified organization,each perscn must be a member or new member of the applicant Except for"Class A'licensees each person must submit an affidavit NAME NAME 1 Sa U C..; G1 v14"31 15b 5 CA i ,y .5GJ /71a- NAME NAME �/ 15c 15d NAME NAME 15e 15f NAME NAME 15g 15h 16 Street address of the physical location where bingo will be played _ / 1 17 Indicate the time on each respective day that bingo will be played Monday : ❑AM J� PM Friday ❑AM 0 PM Tuesday ❑AM/❑ PM Saturday ❑AM ❑ PM Wednesday ❑AM ❑ PM Sunday 1 AM ❑ PM ___ Thursday ❑AM ❑ PM 18 List dates of proposed game campllation if any > e.c 19 Indicate the type of premises where bingo will be played Check one box(line 19 continues on page 4) a ,Neither rent nor mortgage will be paid from bingo funds b ❑ Rented or leased Attach rental affidavit and copy of rental agreement LANDLORD'S NAME ADDRESS NUMBER AND STREET,RURAL RT APT NO TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE c ❑ Owned solely by the organization Attach cotes of mortgage deed of trust purchase agreement escrow agreement. etc HOLDER OF MORTGAGE ADDRESS-NUMBER AND STREET RURAL RT APT NO TELEPHONE NUMBER WITH AREA CODE CITY STATE Z!P CODE ADOR 71 1010f 0i061 Page 3 of 5 eIN ARIZONA DEPARTMENT OF REVENUE APPLICATION FOR BINGO LICENSE 19d ❑ Owned jointly with other organization Attach copy of mortgage deed of trust,purchase agreement. es:row agreement, etc HOLDER OF MORTGAG� ADDRESS-NUMBER AND STREET RURAL RT APT NO 1) TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE CO-OWNER HOLDER ADDRESS NUMBER AND STREET RURAL RT,APT NO TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE CO-OWNER HOLDER ADDRESS-NUMBER AND STREET RURAL RT APT NO 3) _ TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE 20 List bingo licensees who are or will be conducting bingo in the same premises as you and those licensees located within 1 000 feet of your premises NAME NAME 20a !U 20b _ ADDRESS NUMBER AND STREET RURAL RT.APT NO ADDRESS-NUMBER AND STREET.RURAL RT APT NO CITY STATE ZIP CODE CITY STATE ZIP CODE 21 Expected bingo expenses(line 21 continues on page 5) a Mortgage $ () per month PAYABLE TO ADDRESS-NUMBER AND STREET RURAL RT APT NO TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE b Rent. $ 0 per 0 month ❑hour tEl occasion PAYABLE TO ADDRESS NUMBER AND STREET RURAL RT APT NO TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE c Janitorial Services $ per 0 month CI hour ❑occasion PAYABLE TO ADDRESS-NUMBER AND STREET,RURAL RT APT NO TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE d Accounting Services $ (7 per 0 month ❑hour CI occasion PAYABLE TO 'ADDRESS-NUMBER AND STREET,RURAL RT APT NO TELEPHONE NUMBER WITH AREA CODE CITY STATE Z'P CODE e Security Services $ a per 0 month 0 hour ❑occasion PAYABLE TO ADDRESS-NUMBER AND STREET RURAL RT APT NO TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE ADOR 71-1010f(4106) Page 4 of 5 —r OIN ARIZONA DEPARTMENT OF REVENUE APPLICATION FOR BINGO LICENSE 21 Expected Bingo Expenses,continued Ot3 f Bingo Supplies $ t _ per e-et- PAYABLE Tgi A DRESS-NUMER STREET RURAL RT '�/�O t..e ate u i 3, L, o 2 Lb j- f O �?s eve�l �C.. TELEPHONE NUMBER WITH AREA CO Ct STATE ZIP CODE vo g Maximum prize payout per occasion sic iW. Attach game schedule that lists individual prize amounts OIS PAID TO ADDRESS-NUMBER AND STREET RURAL RT,APT NO TELEPHONE NUMBER WITH AREA CODE CITY STATE ZIP CODE h Utilities Expenses ELECTRIC(payable to) ADDRESS-NUMBER AND STREET,RURAL RT APT NO ACCOUNT NUMBER MONTHLAMOUNT CITY STATE ZIP CODE GAS(payable to) ADDRESS-NUMBER AND STREET RURAL RT,APT NO ACCOUNT NUMBER MONTHLY AMOUNT CITY STATE ZIP CODE $ 0 WATER(payable to) ADDRESS-NUMBER AND STREET RURAL RT APT NO ACCOUNT NUMBER MONTHLY AMOUNT CITY STATE ZIP CODE $ 4� TRASH REMOVAL(payable to) ADDRESS-NUMBER AND STREET RURAL RT APT NO ACCOUNT NUMBER MONTHLY AMOUNT CITY STATE /IP CODE $ O 22 Bnefiy state the specific projected use of net proceeds from games of bingo 'leo-, IN\aci,i n e Under penalty of perjury upon oath,I, Eq,e\.. G. (4.1c eK'$V"✓ ,declare that I am duly authorized to sum and file this application I hereby swear or confirm that I have read the foregoing application and know the contents thereof:and that all information provided has been fully accurately,and truthfully completed to the best of my knowledge 197 a 11 a,1 AFFIANTS SIGNATURE CJATE TITLE ADOR 71 1010f(4106) Page 5 of 5 To Whom This Concerns; I Earl G Anderson will at the time the Class (B) License is issued I will turn in the class ( A) License. I only need 1 License at Roadhaven Resort. Earl G Anderson Bingo Manager 1/6 �'1 Roadhaven Bingo 1000 S. Idaho Rd. Apache Junction, AZ Schedule - Monday 7:00 p.m. Must be 18 YEARS or OLDER to Play Bingo. You must use Dauber to mark numbers. You must Bingo on last number called. Players responsibility to yell BINGO loud to stop the caller. Good Luck Everyone! rob Alexi:14a ekt: ',4‘ N 77©""QC:01d1n Game # 1 y° % Py t34G1( - Ten Minute - Early Bird Blackout Blue Border Intermission fro Game # 2 4 v. Game # 8 /:1•�. ^ Regular Bingo ,"., _ l Roadhaven Special or 4 Corners �, 5 FT_ Arrow Up (as shown) _ i _ _ Yellow Border r Game # 3 t 0. °° Game # 9 "O' I ■ I Small Picture Fra me 9 Pack (Anywhere) Pink Border Purple Border ■ ■■ ■■■■ Game # 4 ' 1 _-- I- Game # 10 °• .a i-------H Top and Bottom Rows I Band 0 Rows Gray Border __ Black Border 1r- Game # 5 4.C." '_ Game # 114;:20: " ' Large X - r -- Regular Bingo __ �' _ Olive Border Straight Line Aqua Border I oa Game # 6 ° Game # 12 bow Large Picture Frame �� Double Postage Stamps (No N's) & (Corners Only) Brown Border III ANY 2CORNERS Tan Border _ / Game # 7 t,e2°° ■■■■ Game # 13 `W°0 /90,•, f Regular Bingo ■■■II Progressive Number MI Straight Line Min ■ Blackout Red Border ■■■■ Green Border t Regular Games in Packet / Minimum $50.00 Payout. ,-"" Arizona Department of Revenue • Bingo Section -: ; Phoenix: (602) 716-7801 *mlio ANNUAL FINANCIAL REPORT FOR BINGO LICENSE CLASS "A" This report must be filed with the Arizona Department of Revenue no later than the 20th day of the month following expiration of your bingo license Filing a false report is a Class 6 felony REPORTING PERIOD. From 10,/t A 4.-i A O,GI�f t through 16,1 t_3,D IA!I. 1 101 0 Amended Report �� LICENSEE'S NAME AND ADDRESS LICENSE NO. UaatG`2e11 -Re c>rt iv / c:c , //- 0 �0-- /1 ( PHONE NIJAABER WITH AREA CODE b.-G-1P 1O C>DS Yciahp ---- c, , ,ti c/clic ,fit./✓lGl i'ort.) iii /1' 1 Gross receipts . .... ... . . 1 $ / /9, ''`' 2 Prizes paid out. .... . . ... 2 $ !r-f, '4'1 4. `G 3 Adjusted Gross Receipts: Subtract line 2 from line 1. . 3 $ / 770. .5-3 4 Bingo expenses paid . .. . ... . . 4 $ 7.3� 3 Provide a brief description of any bingo expenses paid such as bingo paper, daubers or other supplies. Attach a separate page that lists the purpose and amount of the expense 5 Expenditures of net proceeds . ... . ... .. 5 $ 6 Bingo Tax Due: Multiply the amount on line 3 by 2 5%... 6 $ "t ii, a& 7 Penalty and Interest Due,if any . .. 7 $ 3 I ?, 3 I 8 TOTAL TAX DUE- Add line 6 and line 7 Enter the total here. . . . . 8 $ L 4p,I, ta.c Aft" Under penalty of perjury,I declare that I am duly authorized to sign and file this report,that t have read the foregoing n-port and know the contents thereof, and that all information provided has been fully, accurately, and truthfully completed to the best of my knowledge NOTE: The PROCEEDS Coortan+AroR of the licensee MUST SIGN this report. '-'‘ZR‘21}-PE 1-4-61aa71 "1-1-- 4- no -,20/e) "P.,teccp..,6ee,,, ' �fF.�� !BATE TITIE Arizona Department of Revenue • Bingo Section 1600 West Monroe Phoenix AZ 85007-2650 ADOR 71-1013(4/06) Members of Road haven Bingo Earl G Anderson Manager 4 yrs Beverly A Anderson Proceeds Coordinator 4 yrs Clara Crook Secretary 6 yrs Luci Weinman Supervisor 5 yrs Audrey Switala Asst 3 yrs Lynn Bell 5 yrs Beverly Braden 4 yrs Tom Bennington 5 yrs Garth Dunham 6 yrs y, sit, w• r►y. Arizona Department of Revenue • Bingo Section '':; +t ° 1600 West Monroe. Phoenix,AZ 85007 • (602)716-7801 AFFIDAVIT This affidavit must be completed by each person who wishes to assist in the conduct of any game of bingo. If any information is blank or incorrect the affidavit will be returned to you All information is subject to verification Disclosure of your Social Security Number is voluntary This information may be used to establish positive identification for purposes of criminal background checks pursuant to Arizona Revised Statutes,§5-404. Alsak Please type or print in black ink. LICENSEES NAME UCENSE NUMBER r /94Vey s-v/7 //--OS-0 --,- PO TIO Check the appropriate boxes. Q Manage 0 Supervisor l Proceed Coordinator 0 Assistant AFFIANTS NAME SOCIAL SECURITY NO a, C- 4�C/f? ),,<C.0 ADDRESS DATE OF BIRTH / Ol) S ,TeL14/6 I2d C71 9171 CITY STATE ZIP CODE .f�aC Ife ,TGt MC 77 ' Z- r"r//q HOME HONE NO.(with area code) Cc-1/ WORK PHONE NO (with area code) boy jqG)-11/v ( //2' if licensee is a qualified organization,complete the following section MEMBER? DATE JOINED ORGANIZATION Ca Yes ❑No 0i/ 10712,0'0ie. OFFICERS? OFFICER TITLE Eg Lc Yes ❑No / YOU HAVE AN AFFIDAVIT ON FILE FOR ANY OTHER LICENSEE? ®Yes 0 No if"Yes',list license number(s) t, tZ/ r�PZ-- the above named afiiant, under penalty of AFFIANTS NAME perjury,upon oath,depose and say that I will conduct or assist in conducting all bingo games in compliance with the terms of the license.Arizona Revised Statutes,Title 5,Chapter 4,and the rules of the licensing authority I am of good moral character and have never been convicted of any misdemeanor involving moral turpitude or felony I have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law f hereby swear or confirm that I have read and understand the foregoing and verify that the information and statements made herein are true and correct to the best of my knowledge. SIGNATURE OF IANT (/)7 DATE ADOR 71-1003f(4/08) Arizona Department of Revenue • Bingo Section 4:tM1 1600 West Monroe,Phoenix,AZ 85007 • (602)716-7801 4- AFFIDAVIT This affidavit must be completed by each person who wishes to assist in the conduct of any game of bingo If any information is blank or incorrect,the affidavit will be returned to you All information is subject to verification Disclosure of your Social Security Number is voluntary This information may be used to establish positive identification for purposes of criminal background checks pursuant to Arizona Revised Statutes,§5-404 Please type or print in black ink LICE ES NAME LICENSE fi /{ NUMBER 4GYJJe bAD ft ' SITION 'f Check the appropriate boxes 0 Manager 0 Supervisor lid Proceed Coordinator 0 Assistant _ AFF T'S NAME SOCIAL SECURITY NO�h� J`� n. Yp�(� 4, e 5o / L,< La 9vr ADDRESS / o DATE OF BIRTH CITY ASTATE ZIP CODE h Ott Yte-17or /7 D cS-// 9 H PHONE NO (with area ) 'WORK PHONE NO (with area code) ( o0 -390- 307,‘ — -- If licensee is a qualified organization,complete the following section. MEMBER" DATE JOINED ORGANIZATION of Yes DNo 4 /I0, /) , O,b,`a OFFICERS? O CER TITLE n (g Yes 0 No IOW cG ,d C o 'v► "a,r DO YOU HAVE AN AFFIDAVIT ON FILE FOR ANY OTHER LICENSEE? al Yes 0 No If'Yes',list license number(s) I, Vreierk �N `Sit/✓ the above named affiant, under penalty cif JJ AFFWIT's NAME perjury,upon oath,depose and say that I will conduct or assist in conducting all bingo games in compliance 191144 with the terms of the license,Arizona Revised Statutes,Title 5,Chapter 4,and the rules of the licensing authonty I am of good moral character and have never been convicted of any misdemeanor involving moral turpitude or felony I have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law I hereby swear or confirm that I have read and understand the foregoing and verify that the information and statements made harem are true and correct to the best of my knowledge SI RE OF DATE ADOR 71 1003f(4r06) ougliel 02mot Arizona Department of Revenue • Bingo Section ,' L.; 1600 West Monroe Phoenix,AZ 85007 • (602)716-7801 T� sL AFFIDAVIT This affidavit must be completed by each person who wishes to assist in the conduct of any game of bingo if any information is blank or incorrect,the affidavit will be returned to you All information is subject to venfication Disclosure of your Social Secunty Number is voluntary This information may be used to establish positive identification for purposes of criminal background checks pursuant to Arizona Revised Statutes,§5-404 ^ Please type or print in black ink LICENSEE'S NAME l , LICENSE NUMBER POSITION Check the appropriate boxes 0 Manager CS Supervisor 0 Proceed Coordinator ❑Assistant AFFIANT'S NAME V G\ V.3eiw M PE SOCIAL SECURITY NO ti'S OVI'af1 Cmr+tAPtit h} ADDRESS DATE OF BIRTH W. \< t o w Pr s T ‘ q ) !I Ig $ STAU ZIP CODE CITE( P 4 C,A} J v N td\ t p N -L,76 s \ t HOME PHONE NO (with area code) I. WORK PHONE NO (with area code) t\irk C:po2C`C - i-1� tom r tttt% `CtME If licensee is a qualified organization,complete the following section IMEMBER? DATE JOINED ORGANIZATION Yes ❑ No , I 1 i < < < I OFFICERS? OFFICER TITLE ❑Yes ❑ No 45.41iQ e-e i)1 6 e e13 DO YOU HAVE AN AFFIDAVIT ON FILE FOR ANY OTHER LICENSEE? ❑Yes ®No If"Yes",list license number(s) t.._v c. \ sL� n IV%4,r+1 , the above named affiant, under penalty of AFFIANT'S NAME perjury upon oath,depose and say that I w ill conduct or assist in conducting all bingo games in compliance with the terms of the license,Arizona Revised Statutes,Title 5,Chapter 4,and the rules of the licensing authority [ am of good moral character and have never been convicted of any misdemeanor invol trig moral turpitude or felony I have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law I hereby swear or confirm that I have read and understand the foregoing and verify that the information and statements made herein are true and correct to the best of my know ledge SIGNATURE OF AFFIANT it) (4 1aot0 DATE ADOR 71 1003r(4/06) AN n («`� Arizona Department of Revenue • Bingo Section 'l►'F+� a 1600 West Monroe Phoenix,AZ 85007 • (602)716-7801 :aril AFFIDAVIT This affidavit must be completed by each person who wishes to assist in the conduct of any game of bingo If any information is blank or incorrect the affidavit will be returned to you All information is subject to verification Disclosure of your Social Security Number is voluntary This information may be used to establish positive identification for purposes of criminal background checks pursuant to Arizona Revised Statutes,§5-404 Please type or print in black ink r iN LICENE _,SE S NAME CJ,hilvEn! RE-5ag' nc31() Llj 1SvBER 5D - A POSiTTI(� �(�✓J1f^-7� UO�N\ Check the appropnate boxes 0 Manager Supervisor 0 Proceed Coordinator 0 Assistant AFF TS N Z� it)`- ^ E SATtAL ECG RI�N4.9 ,L BAD S H DATE[I OF BIRTH L CITY STATE ZIP DE he Ltne.�Ion 7 51i9 HaEPH©E NQ (with area co 70 WORK(SHONE NO (with area code) if licensee'C is a qualified organization,/ complete the following section MEMBER? DATE JOINED ORGANIZATION ®Yes ❑No i I , 12,O,dt1 OFFICERS? OFFICER TITLE ❑Yes ❑No RU p eY+!?t 5 O.rs DO YOU HAVE AN AFFIDAVIT ON FILE FOR ANY OTHER LICENSEE? ❑Yes ®No If'Yes" list license number(s) �l..l)I t'E- —1 A•1, �^�l(��\ C . the above named affiant, under penalty of A F{ANTS NAME perjury,upon oath,depose and say that I will conduct or assist in conducting all bingo games in compliance eiN with the terms of the license,Arizona Revised Statutes,Title 5,Chapter 4,and the rules of the licensing authority I am of good moral character and have never been convicted of any misdemeanor involving moral turpitude or felony. I have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law I hereby swear or confirm that I have read and understand the verify h foregoing and a that the information and statements made herein g g , are true and correct to the best of my knowledge. c:791 , , , SIGNATURE OF AFFIANT DATE ADOR 71-10031(4/06) 111.4, Arizona Department of Revenue • Bingo Section 1600 West Monroe,Phoenix,AZ 85007 • (602)716-7801 AFFIDAVIT This affidavit must be completed by each person who wishes to assist in the conduct of any game of bingo If any information is blank or incorrect,the affidavit will be returned to you All information is subject to venfication Disclosure of your Social Security Number is voluntary This information may be used to establish positive identification for purposes of criminal background checks pursuant to Anzona Revised Statutes,§5-404. Please type or print in black ink LICENSEE'S NAME ) LICENSE NUMBER POSITION Check the appropnate boxes ❑Manager 10 Supervisor 0 Proceed Coordinator 0 Assistant AFFLANT'S NAME t 1 ,- SOCIAL SECURITY NO ADDRESS ,-- _r. DATE OF BIRTH CITY STATE ZIP CODE HOME PHONE NO (with area code) WORK PHONE NO (with area code) If licensee is a qualified organization, complete the following section' )MEMBER? DATE JOINED ORGANIZATION x 3 x « al Yes 0 No "TITLE OFFICERS? OFFICER TITLE iI Yes ❑No `j cn o, r' DO YOU HAVE AN AFFIDAVIT ON FILE FOR ANY OTHER LICENSEE? 0 Yes C3 No If"Yes",list license numbers) `� cam'---, the above named atfiant, under penalty of AFFIA T'S NAME perjury,upon oath,depose and say that I will conduct or assist in conducting all bingo games in compliance .ith the terms of the license Arizona Revised Statutes, flue 5 Chapter 4. and the rules of the licensing authority I am of good moral character and have never been convicted of any misdemeanor involving moral turpitude or felony I have not and shall not receive any reward,compensation or recompense for my participation in the conduct of bingo games except as provided for by law I hereby swear or confirm that I have read and understand the foregoing and verify that the information and statements made herein are true and correct to the best of my knowledge SIGNATURE OF AFFIANT DATE ADOR 71 1003f(4/06) N • - ' •�k f tfi f pb, } �,�k g' !h x +— iv - , 0 , 1.z^'. ,•� 4{,��e�-�1�� � r � t,„5:k f+ �,}i".k' i, `������'+,� �.��� .i ;7F7 µ`N,.is 4 .�� atflf}',,;�, ,�t''1'ft�•r r/�4� �� �X'. f �rt1r�''`yp ��,,���.` �e -y:r"^� ^4'3! '... Ty. .+11,,LM4I.dl:a`�. tilt,s.A �• +`+t •.•, (f ,. .f:, ,2r`-.4 . 1.._../1 +' *;141/l .-^.1. _..t.:..,3+1.�.t..f+,._p+ ay,G I 1 } A v,C* , yl• State of Arizona �i • 1 t'i 1 .-I I 'n 1 n 1, f Department of Revenue l i„.' -474-ip, , v,,,-,- .`'‘ ,t�t,1, , ) ` Bingo License ' . , k, 11 -050-A ,q - tb > Effective Date: 9/21/2010 Expiration Date: 9/30/2011 f. ' ;o.F /V(50,;::, 11 - j 1 D ,Issued To: Roadhaven Resort Mailing Address: 1000 S. Idaho Rd. #654 r 1�u \ 9/ Apache Junction, AZ 85219, { `(; '; z Location: 1000 S. Idaho Road "i #` h` ° Apache Junction, AZT r �' , `fin r k t �' Manager: Anderson, Earl G. Bonus Game: No ?Nr, 7t .1 ,,. . Yy; } 1 �11} R'1 � � i 4414,. .4 s , T Alt+.� �. f>fssAi D �t' ''1 F rs t ^ .e 3i I ,ii d4lr 'i ,e' +'fa' !.,:, AI,JGR71.1014103,14'041 Post This In ,A Conspicuous Place During Bingo Games y," ' p. e { ( 1Jr J'� "` ,tt t • ) ) AINI\ "NW PgACHE /J (e ' es f c�rlr,�g-trfricli~ U , flame qf the Superstition Mountains 4i of December 21, 2010 Earl G. Anderson Roadhaven Resort #2 1000 S Idaho Road Apache Junction, AZ 85119 Dear Mr Anderson The City Council will hold a public heanng on your Bingo License Application submitted for the Roadhaven Resort#2 on Tuesday, January 18, 2011 at 7 00 p m , at the City Council Chambers, 300 E Superstition Blvd., Apache Junction, Arizona Please note that the City Council frequently has questions for the applicant. It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. If you have any questions regarding this matter, please contact my office at (480) 982-8002, option 5 Sincerely, /c--7 Kathleen Connelly City Clerk • Voice(480)982-8002 •FAX(480)982-7018• fDD(480)983-009i•www wit),net 300 E Superstition Boulevard Apache Junction,AZ.85219 PpA HE (eil y/ C-4a�lr� Ji€n # Ilk); w Nome of the Superstition Mountains •4p zot4. DECEMBER 21, 2010 MEMORANDUM TO PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH. KATHLEEN CONNELLY, CITY CLERK GJ FROM. JANET R MASON, DEPUTY CITY CLERK SUBJECT. BINGO LICENSE APPLICATION TO UPGRADE TO CLASS B FOR ROADHAVEN RESORT#2 Attached is a Bingo License Application to upgrade to a Class B bingo license submitted for the Roadhaven Resort #2 located at 1000 S. Idaho #654, Apache Junction Please conduct the necessary inspections and email your recommendation by Wednesday, January 5, 2011, as this item will be submitted for the City Council meeting of January 18, 2011 The City Council will hold a public hearing and recommend approval or denial of this application based upon public comment and the response from your department •Voice(480)982-8002 • FAX(480)982-7018• MD(480)98 i-009i •1%N% aictt net 300 E Suporstttion Boulevard Apache Junction,A/85219 Janet Mason From: Yanet Ochoa Sent: Wednesday, December 29, 2010 8.11 AM To: Fred Baker Cc. Janet Mason Subject: RE Class B Bingo License Application for Roadhaven Resort The Planning Division has no objections to the proposed upgrade from class A to class B Bingo License for Roadhaven RV Park If you have any questions please let me know Thank you, *weer dclloa Assistant Planner 300 E Superstition Blvd. City of Apache Junction yochoa@ajcity.net (480)474-2636 From: Fred Baker Sent:Tuesday, December 21, 2010 10 17 AM To: Yanet Ochoa Cc: Janet Mason Subject: FW: Class B Bingo License Application for Roadhaven Resort Please review and respond to Jan Mason by January 5,2010. Fred From: Janet Mason Sent: Tuesday, December 21, 2010 9 38 AM To: Fred Baker Subject: Class B Bingo License Application for Roadhaven Resort I have received a Class B Bingo License Application from Roadhaven Resort Please have your department recommendation to me no later than Wednesday,January 5 so that this can be on the January 18 meeting agenda. Thanks. Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480-474-5068 jmason@aicity net Service Over and Above the Rest This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email. Emails generated by council pS t POLICE Apache Junction Police Departmei t'Zy;?f • Interdepartmental Memo 1q pN DATE: 12-16-2010 TO: Chief Jerald Monatr��r THROUGH' Captain Arnold Freeman FROM Sergeant Phil Freeman SUBJECT: Class B Bingo License Application for Road Haven Resort As requested I have reviewed the documents supplied by Lieutenant Jackson and Mr. Earl Anderson regarding the Bingo License upgrade from Class A to Class B. Mr. Anderson has resubmitted the updated application and includes a statement that he will surrender his Class A license when his Class B License is approved by the Arizona Department of Revenue There is also an Application for License Upgrade that includes the updated names of the Officers, Directors, Managers, Supervisors etc. All the other documentation included with the new packet conforms to the requirements set down by the Arizona Department of Revenue I did not find any variance in the packet that was originally sent versus the updated one sent in by Mr. Anderson and find the previous information/investigation valid and still current. Based on the information provided, the Apache Junction Police Department Approves of the application for the Class B Bingo license requested by Mr. Earl Anderson representing the RoadHaven Resort located at 1000 South Idaho Road. to / '01" 1 9 igm j CFAI P' Apache Junction Fire District 1. a = 565 North Idaho Road, Apache Junction, AZ 85119 7. .r Phone (480) 982-4440, Fax(480) 982-0183 V ' ~ liiDISSR‘` www ajfire org MEMORANDUM TO: Kathleen Connelly,City Clerk City of Apache Junction 300 E. Superstition Blvd Apache Jct,AZ 85219 FROM Dave Montgomery, Deputy Chief/Fire Marshal bF1V1 DATE December 29,2010 SUBJECT Application for Bingo License—Class `B' Upgrade Roadhaven RV Resort#2. 1000 S. Idaho Road,Apache Jct.,AZ The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 1000 S Idaho Road, Roadhaven RV Resort#2 We have recently completed an annual fire and life safety inspection with no major violations found.We therefore would recommend approval of this application. Thank you for your notification on this matter If you have any further questions regarding this recommendation, please feel free to contact my office at (480)982-4440.Thank You. Dpm ATTN Application ROLL CALL VOTE V' • Q1" NOTES. .4 V" y �` V. ii Vti yi„,./11 I' CLITEM # MEETING OF I 6rAw(v\ , MOTION BY: SECONDED BY: I( _t, L FYES NO ABSTAINED COUNCILMEMBER SERDY V VICE MAYOR DIETZ J COUNCILMEMBER ECK COUNCILMEMBER WILSON Iif COUNCILMEMBER COLEMAN COUNCILMEMBER BARKER I MAYOR INSALACO / UNANIM ►DS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 9 I MOVE THAT THE APPLICATION TO UPGRADE TO A CLASS B BINGO LICENSE FOR ROADHAVEN RESORT, SUBMITTED BY EARL G. ANDERSON, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF REVENUE, BINGO SECTION. PUBLIC HEARING 1. For APPLICATION FOR A LIQUOR LICENSE FOR SUNDANCE RESTAURANT 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. Inn PpACHEJ •+ G °�` i �o City of Apache junction Home of the Superstition Mountains 4PI OOP' 25 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: January 18, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A LIQUOR LICENSE FOR SUNDANCE RESTAURANT. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: This is an application for an interim permit, new license, limited liabiltiy company, Series 12 liquor license for Sundance Restaurant located at 1535 E. Old West Highway. The next stop in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D cover memo 0 application part 1 D application part 2 O application part 3 D application part 4 D notice 0 applicant letter 0 department memo O planning recommendation O police recommendation 13 fire recommendation pyACHZ J/ .` ' Home of the Superstition Mountains 4• o' JANUARY 5, 2011 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH. GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK`(L. FROM. JAN MASON, DEPUTY CITY CLERK. - SUBJECT AGENDA ITEM FOR JANUARY 18, 2011 APPLICATION FOR A LIQUOR LICENSE FOR SUNDANCE RESTAURANT An application for an Interim Permit, New License, Limited Liability Co., Series 12 Liquor License has been submitted by Ms. LaVera Bennett for Sundance Restaurant located at 1535 E Old West Highway in Apache Junction. Correspondence has been received from the planning department, police department and fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control • Voice(480)982-8002 • 1 AX(480)982-7018•T[)D(480)983-0095 • %%%Nv,ajcity net 300 E Superstition Boulevard. Apache Junction.AZ 85219 An lk. Adak Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 APPLICATION FOR LIQUOR LICENSE 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 /I\ the business must attend a Department approved liquor law training Course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements:. SECTION 1 This application is fora: SECTION 2 Type of ownership: O MORE THAN ONE LICENSE 6l INTERIM PERMIT Complete Section 5 0 J T W R.O S Complete Section 6 tl NEW LICENSE Complete Sections 2,3,4, 13, 14, 15, 16 0 INDIVIDUAL Complete Section 6 ❑PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 Complete Sections 2,3,4, 11, 13,15, 16 0 CORPORATION Complete Section 7 0 LOCATION TRANSFER(Bars and Liquor Stores ONLY) ®LIMITED LIABILITY CO Complete Section 7 Complete Sections 2, 3,4, 12, 13, 15, 16 0 CLUB Complete Section 8 ❑PROBATE/WILL ASSIGNMENT/DIVORCE DECREE - 0 GOVERNMENT Complete Section 10 Complete Sections 2, 3,4,9, 13, 16(fee not required) 0 TRUST Complete Section 6 ❑GOVERNMENT Complete Sections 2,3,4, 10, 13, 15,16 ❑OTHER(Explain) SECTION 3 Type of license and fees LICENSE#(s). /07(//r?l 9� 1 Type of License(s) 2 ;3,,, ,,; D,frt Use Only 2 Total fees attached S co-iiii'to APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE. The fees allowed under A.R.S.44-6852 will be charged for all dishonored checks, SECTION 4 Applicant Pi at(v 43 7' Mr 1 Owner/Agent's Name c Rei.t.i_=rz- L-cfe.,�ct LA ,A,v,, (insert one namONLY to appear on license) Last First / ',p id,q 2 Corp/Partnership/L L C -`C u a.....,, ►` ,,ne-r-r �!-.c 6 [ �J / (Exactly as it appears on Articles of Inc or Articles of Org.) c� 3. Business Name .),,.-,y )' k (2,-,;.).24 - e f O f K 5 (Exactly as it appears on the exterior of premises) /m 4 Principal Street Location ISMS C'i-rn l,.. f � /pry ,J,,,.:.(1'1, ,J,,,.:.( t f_c cy) ?,J,., sy`k, (Do not use PO Box Number) City County Zip 5 Business Phone 4 't$3-(0 Daytime Contact: ' Cl; 3z.c. - 1 tS 6 Is the business located within the incorporated limits of the above city or town? BYES ONO 7 Mailing Address I53.i Est.4 Vk r i- -i7 l r3r41t ..�..rc.a.; ill- t-L�<< City State ' Zip 8 Price paid for license only bar, beer and wine, or liquor store Type $ Type S ,q�� DEPARTMENT USE ONLY //� Fees /al_� /Od 1" O Applicatiun Interim Permit Agent Change Club Finger Pnnts$ ( ,�U TAL OF ALL FEES Is Arizona Statement of Citizenship&Alien Status For State Benefits complete? 'YES 0 NO� Accepted by 11--- Date / Date 17-C rJ Lic # / '// �j ; � !J- July 2010 *Disabled individuals requiring special accommodation, please call(602)542-9027. 1 SECTION 5 Interim Permit. 1 If you intend to operate business when your application is pending you will need an Intenm 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 12.1i 3 t("4 4 Is the license currently in use,II)YES 0 NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I, Micil2-E i..0.454- PP , declare that I am the CURRENT OWNE AG NTCLUB MEMBER, PARTNER, (Print full name) ,Aulk, MEMBER, STOCKHOLDER, OR LICENSEE(circle the title which applies)of the stated license and location )/f State of AIL-iv-LA County of Mc:r,c..�1,) X/ l a.,{,e;, 4)1 The foregoing instrument was acknowledged before me this Mycommission expires on. l{= -1J' t 3 day of �.�z�w a4 �n p xPr514.3E-'''''''"*c;MnsrLsss3-1, ayh Year Ci f.�'i 1'E f1 - L '� ram,,; E; H4 (Signature d� �BLIC) a`8s3':Sjg+'� zm SECTION 6 Individual or Partnership Owners: EACH PERSON USTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM 000101),AN"APPUCANT"TYPE FINGERPRINT CARD,AND$24 PROCESSING FEE FOR EACH CARD. 1 Individual Last First Middle %Owned Mailing Address City State Zip Partnership Name (Only the first partner listed will appear on license) General-Limited Last First Middle %Owned Mailing Address City State Zip ❑ ❑ ❑ ❑ 040.\ ❑ ❑ ❑ ❑ (ATTACH ADDITIONAL SHEET IF NECESSARY) 2 Is any person,other than the above,going to share in the profits/losses of the business? 0 YES 0 NO If Yes,give name,current address and telephone number of the person(s) Use additional sheets if necessary Last First Middle Mailing Address City State,Zip Telephone/ 2 SECTION 7 Corporation/Limited Liability Co.. EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0104),-AN-' {PPLICANT"-:,T_YPE_FINGERPRINT CARD,AND$24 PROCESSING FEE FOR EACH CARD -- - _ CI CORPORATION Complete questions 1,2, 3, 5, 6, 7,and 8. fid LLC Complete 1,2,4,5,6, 7,and 8 1 Name of Corparation/L.L.0 Iz-lne t.d.i (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2 Date Incorporated/Organized. 1G/7/ii; State where incorporated/Organized 41.42.0>t-i 3 AZ Corporation Commission File No. Date authorized to do business in AZ. 4 AZ L L C File No L.-t(A42. aSZ Date authorized to do business in AZ. icl-T/20,0 /11`k 5 Is Corp./L LC Non-profit?0 YES(INO 6 List all directors, officers and members in CorporationtL L C Last First Middle Title Mailing Address City State Zip :1c:mAw.L t n ti e N ;:.��c; t-�c ice,. i�c s,, t 3 e S P�a,u- (20 A 4:—., .-J:.x- V 1Y�4'1'Yi,Jt,'L �{+�� Li /vY1 U .� rft "S t A.,. 2ci �-i� -=c�'� t.�.�tarn ••�` �e�4 C• t .:n.i s`.� � cs,1 �S' 7 (ATTACH ADDITIONAL SHEET IF NECESSARY) 7 List stockholders who are controlling persons or who own 10%or more. Last First Middle %Owned Mailing Address City State Zip Mtn, z u iti�ct,�a^t Le-at1 Past P-0 fP44.tt r x-• R ..r "r , ti �i 1.1 t u<in ti{-n.,t„i`>i Sr NIX51/ PZ- e3,4-7 (ATTACH ADDITIONAL SHEET IF NECESSARY) 8 If the corporation/L L C is owned by another entity,attach a percentage of ownership chart,and a director/officer/member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners SECTION 8 Club Applicants EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC01e1),AN"APPLICANT"TYPE FINGERPRINT CARD,AND$24 PROCESSING FEE FOR EACH CARD. 1 Name of Club Date Chartered (Exactly as it appears on Club Charter or bylaws) (Attach a copy of Club Charter or Bylaws) 2 Is club non-profit? ❑YES C]NO 3 List officer and directors Last First Middle Title Mailing Address City State Zip (ATTACH.ADDITIONAL SHEET IF NECESSARY) 3 SECTION 9 Probate,Will Assignment or Divorce Decree of an existing Bar or Liquor Store License: 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 Governmental Entity' 2 Person/designee Last First Middle Contact Phone Number A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer. Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY-Series 06,07,and 09) 1 Current Licensee's Name. Entity (Exactly as it appears on license) Last First Middle (Indiv Agent,etc.) 2 Corporation/L.L C Name (Exactly as it appears on license) 3 Current Business Name: (Exactly as it appears on license) 4 Physical Street Location of Business Street City, State,Zip 5 License Type License Number 6 If more than one license to be transfered. License Type License Number 7 Current Mailing Address Street (Other than business) City, State,Zip 8 Have all creditors, lien holders, interest holders,etc been notified of this transfer? 0 YES 0 NO J'1\ 9 Does the applicant intend to operate the business while this application is pending? 0 YES❑NO If yes,complete Section 5 of this application, attach fee and current license to this application 10 I, ,hereby authonze the department to process this application to transfer the (print full name) privilege of the license to the applicant,provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue I, ,declare that I am the CURRENT OWNER, AGENT, MEMBER, PARTNER (print full name) STOCKHOLDER, or LICENSEE of the stated license I have read the above Section 11 and confirm that all statements are true, correct,and complete State of County of (Signature of CURRENT LICENSEE) The foregoing instrument was acknowledged before me this Day Month Year My commission expires on 4 (Signature of NOTARY PUBLIC) Ask ogra. SECTION 12 Location to Location Transfer(Bars anti=t.iqunr StoresONtY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1 Current Business Name (Exactly as it appears on license) Address 2 New Business Name (Physical Street Location) Address 3 License Type License Number. 4 If more than one license to be transferred License Type License Number 5 What date do you plan to move? What date do you plan to open? SECTION 13 Questions for all in-state applicants excluding those aQpjying for government.hotel/motel,and restaurant licenses(series 5, 11,and 12): A.R.S §4-207(A)and(B)state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director,within three hundred(300)horizontal feet of a church,within three hundred(300)horizontal feet of a public or private school building with kindergarten programs or grades one(1)through(12)or within three hundred(300)horizonal feet of a fenced recreational area adjacent to such school building The above paragraph DOES NOT apply to a)Restaurant license(§4-205.02) c)Government license(§4-205.03) b)Hotel/motel license(§4-205 01) d)Fenced playing area of a golf course(§4-207(B)(5)) 1 Distance to nearest school ft. Name of school Address City, State, Zip 2 Distance to nearest church ft Name of church Address City, State,Zip 3 I am the .Lessee ❑ Sublessee ❑ Owner ❑ Purchaser(of premises) 4 If the premises is leased give lessors Name Ls s t. Address 21 i"..i:,;t'A ,Lr) )014c ..,) I 3:a.; v:-;n-i) IZo-z.gc>>1 City, State,Zip 4a Monthly rental/lease rate$ "3cr;c ``- What is the remaining length of the lease 4 yrs mos 4b. What is the penalty if the lease is not fulfilled? $l?.c v•14-4 42.4 or other Roc.4,,i<- i (give details-attach additional sheet if necessary) 5 What is the total business indebtedness for this license/location excluding the lease?$ 1 Lod.---( Please list debtors below if applicable Last First Middle Amount C ed Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 6 What type of business will this license be used for(be specific)? Ct s144 is-7 5 SECTION 13 -continued 7 Has a license or a transfer license for the premises on this application been denied by the state within the past one i 1)year? 0 YES NO If yes,attach explanation 8. Does any spintuous liquor manufacturer,wholesaler,or employee have any interest in your business? 0 YES Ri NO 9 Is the premises currently licensed with a liquor license? OYES ❑ NO If yes, give license number and licensee's name License# 1Z1t3i4-t (exactly as it appears on license) Name M t,aatw r,:PP SECTION 14 Restaurant or hoteUmotel license applicants. 1 Is there an existing restaurant or hotel/motel liquor license at the proposed location? YES 0 NO If yes,give the name of licensee,Agent or a company name P l���d,r (� ,�� and license#: (?t t' 1 Last First Middle 2 if the answer to Question 1 is YES,you may qualify for an Intenm Permit to operate whileyour application is pending,consult A R S.§4-203 01,and complete SECTION 5 of this application 3 All restaurant and hotel/motel applicants must complete a Restaurant Operation Plan(Form LIC0114)provided by the Department of Liquor Licenses and Control 4 As stated in A R S §4-205 02 G 2, a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food Gross revenue is the revenue derived from all sales of food and spirituous liquor on the licensed premises By applying for this 0 hotel/motel 1:A restaurant license, I certify that I understand that I must maintain a minimum of 40 percent food sales based on these definitions and have included the Restaurant Hotel/Motel Records Required for Audit(form LIC 1013)with this application applicant's signature As stated in A.R S§4-205 02(B), I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises With the exception of the patio barriers, these items are not required to be properly installed for this inspection Failure to schedule an inspection will delay issuance of the license If you are not ready for your inspection 90 days after filing your application, please request an extension in writing, specify why the extension is necessary, and the new inspection date you are requesting To schedule your site inspection i g,t www azliquor gov and click on the `Information"tab. applicants initials SECTION 15 Diagram of Premises. (Blueprints not accepted,diagram must be on this form) 1 Check ALL boxes that apply to your business 521 Entrances/Exits 0 Liquor storage areas Patio ® Contiguous 0 Service windows ❑ Drive-in windows ❑ Non Contiguous 2 is your licensed premises currently closed due to construction, renovation,or redesign? ❑YES jg NO If yes,what is your estimated opening date? month/day/year 3 Restaurants and hotel/motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture Diagram paper is provided on page 7 4 The diagram(a detailed floor plan)you provide is required to disclose only the area(s)where spiritous liquor is to be sold,served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant(see#3 above) 5 Provide the square footage or outside dimensions of the licensed premises Please do not include non-licensed premises, such as parking lots, living quarters, etc As stated in A R.S §4-207 01(B), i understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries,entrances,exits,added or deleted doors,windows or service windows,or increase or decrease to the square footage after submitting this initial drawing. applicants initials �. SEC i ION 15 Oiagram of; .mises 4. In this diagram please show only the area where spirituous liquor is-to be sold, served, consumed, dispensed, possessed or stored. It must show afl rt€fa'reces;.ex µulterior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is up I. If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagram attached" in box provided below bit i53 5 C-w wt.-4 r tt...+i tS)rtc.c-t� .1cr , A z. — _/ _ — _ /'iN i E,C.iTiah f L _ 6„..r ,,, Zy...n`t'v Y' 0, ..._ m:A tie rv-i t 1. 0' a t ty,r 't a. —7-- t — - ,a �� ; > I- (i J K lit-kw ,�:u l >sill Y vt L oh— tt It4vve "' SECTION 16 Signature Block N.'i'^Yta,rt• CI Da:V:'-)A..,0fc t ?x.i.-.t') il`C �.-kk;z ✓ C-c-G*-,+c /fJ-� l 1, 7 r I./ern L.; 11,,,, /.<:,,,-,r e. it , hereby declare that I am the OWNER/AGENT filing this (print full name of applicant) application as stated in Section 4, Question 1 I have read this application and verify all statements to be true, correct and complete X i:):..e/ , ,,,-' _':':'_,1?.....ez-g--,-<__Z:(— (signature of applicant listed in Section 4 Question 1) State of t 1 6^c: County of tvi,.Z.,..�,).1 yl _ L, cT The fot egoing instrument was acknowledged be-ore me this " 0 t3 of 6cc(-rnht- o Day Mor;th'! Year jy My commission expires on /i) 1.1. t I c ( > Day Mont Year signature of- 0 4-4 PUBLIC 7 A '*�° '* r� /11.t,. _"'.'' �, • ( �., a? a - � ? to - ` .o r E .a j� . , '"s 'N t-f /4k-t '^'.'.` w::Y t^. .•i ./''''''...�.�''''V x i'...!...-7.'; ``^�` ,`w.,.. t -Tr5 r[r1h` .r �` .t't'i, ( °r,l . , ,t,.' �+r.,,„,}.. , '..111, ; . ,fit fr'4,5.:44, '.0`•41i, ±t: ���,,:. ." ,. •-,, 4' � 4 "' ` ' '" ilk rR, v+.p r t,.r�rrr_ i.R '{.:.,` t qi G�. *� {' gip,..• �fi % I} Qt{ y•1 '." ` ° ii<:4 r 31�k, t u ; •'.,: t „.` VA � , a ..0„ „' , tlt`y r- ' }4•' .y t:, 1".,„1,y N. ! �.14. ,$Vi ♦i r \';- 1 '' Y'.'+rJ�W �.ri� y .ti t!'de" F'r.� 0 ,,,f�R i '7 .-:., ii �r'� ' : u' i._.. ei. ._r ,b... 't•P_. i414. 71 nt iitt r4.4. Ilse ._..�'`.iilt..w • 11'It .,'& •• "'•1! u �d s�..1IR_ j i``%f/"i , s'1'^f ,1 i ,i , .: v 4,77. -=- F^r."s. r..'.^ '1'S "^e�- r,, ...._ � ,a� t �!Itt_1dr a:. ,: � � y *14 . . , STATE OF ARIZONA C m� \ z ,n,„) DEPARTMENT OF LIQUOR LICENSES , 1 -r • ,i -;-;...:,: ' ! AND CONTROL, . , if ALCOHOLIC BEVERAGE LI NS ii.. . " .4 �1 1 li t:� wi� t _,, .,,, ., tri ,, �R,, � License 12113169 1 { : jj Yfi � Y / Y1 t,,' , `' Issue Date: 12/12/2008 Expiration Date: 8/31/2011. z= t Y' Y (f , ! �tlf K,� 1, t `� Y ri! 1 h�i, p ' �.� fie',IssuedTo ,r Restaurant c :,, I.r' MARIE LOUISE BOP f,Agent S. s 1, ` ,� �� K�f D LE,(/). C,Owner Mailing Address i1, . r. r L " j Location Mr1R1£ LOIJESL BOYP • , ,� K&DLLC� K r. ? Sl1NI)ANCE�RESTAURANT it L1 - i 4. e 1535 OLD WEST HWY SiTNDANC[;RESTAURANT l r '^` • APACI III:JUNCTION,AZ 85220% i'C) A, 20882 •'. 1; °"it•` MESA,AZ 85277 t "�1 i .' . ( 3 . eta .., Q. ‘,..' , 1 `+fix°gani°�i-i �l���f if "',h ,,1 ,4i,._ ,, ,y ION! THIS ICitlli INAC.ON'I'I1000tiiLA'. , i ' 1, +�.e.uit7�.i4 `r.°trcs_s 4',Z.'.1..T4.r"aits�,,", :T `in..P;: sr .« r` V 7'ViV>,. e,,.,:: b.-ar tii2 ... ,y r':.�... . • r. '1i� ?a.�, oc C. •,. �y�, _ -u: .�. m .�s:. �1�.iCols:.`i.a.sY�x�.� ',yyi ,n,',•'li�t'.✓w:„rftt r:f. .; _.',...2:- 5 .rt -: 'a�.•�.:,0 `,, r. . ^ w�'C,!frr. �.tm--,}.__,_ ,,i` , • t .',`.,' 'l_""+4',",1.„2,,,F ;_.rilir ��:,.j .•,. +{?7,, i it—,, 1 r- ' ht malt, R �ri1'�' t. 1 ..,� �+.e• rri j y ,Y i ear F L' \\ Q' y5 _ `- 4• i� 'i _* h ,A 23 t�i:. i°i rfi�' "t',`, icy .'$1 'fie : ^a ,ile�' ��� ,,y'{a`.•, .•W1. r. \4L�AA""�`4 `.A , .#. tJ*,?.V'` ,e.\'y h• .i .t Ci.: rxi^ ;4, , ""o.°wl A. ' ''.b,4 '.., . ',+ ,,hor .6c 6 1 y iZ^ '' o. fot _ '#'- 't ,Z t. .,,,s ,>ur, .jel a�..•r!, ,tl ,. .�:.,.:,kfl 1, < .»�„a7 3r' Y-.,. ? .,t. yam•'.r..?J/.. r T r t'^ 914Fi ..+�, ' . 3 3 4. • ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix,AZ 85007-2934 www azliquor gov (602)542-5141 RESTAURANT OPERATION PLAN LICENSE# izt I3i tecr 1 List by Make,Model and Capacity of your Grill Sw.1nllz 5`xs' i='+.3'N--`Ca+s((T..,, ,).Vuti o ct i7 Oven c� GY1 (ne,t Vt;L-t'A,i 4 ,3.,-,tri to.c. Freezer IC'A t z' Refrigerator sS rit.t 4 t.s+,.L� 4.t,t1Y .:.,_t Si S 4'14 ci4.4 c^n �H'• Sink Dish Washing Facilities : . r C F.t.;. 6 54�: Food Preparation Counter(Dimensions) 4: x ss c;-X 4 ss .4 ( ctra:,,,t Other lc,- ".N 47a <<h,1t T,-t; :ram .� c . c :e+eaG. . , 5eAn,' ,i'k:ctr,.- "v,1tiSa. t8z»v.acl 2 Print the name ofyour restaurant = /Z1-,Jr- 3. Attach a copy of your menu(Breakfast,Lunch and Dinner including prices) 4 List the seating capacity for a. Restaurant area of your premises [ Bo b. Bar area of your premises [ + I t� ) c Total area of your premises [ 'G l 5 What type of dinnerware and utensils are utilized within your restaurant? el Reusable 0 Disposable 6 Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes,what percentage of the public floor space does this area cover) pit Yes % 0 No 7 What percentage of your public premises is used primarily for restaurant dining? (Does not include kitchen, bar,cocktail tables or game area) (.o •Disabled individuals requiring special accommodations,please call(602)542-9027 L ic0114 05/2009 8 Does your restaurant contain any games or television At Yes ID No If yes,specify what types and how many of each type(Televisions,Pool tables,Video Games,Darts,etc). 2.-Tvis 9 Do you have live entertainment or dancing', Si Yes ❑No (If yes,what type and how often?) F;2,ciA.‘ - 5(Ar.i.i.0AA) nl,G,Li.T' Lave 92rFt>Lrot.t1 eN 10. Use space below or attach a list of employee positions and their duties to fully staff your business. I "v�.+.4t.Z., • I - Pre ) Ctrat. /too.E. t - 0.1.N..r t*s*vs. Z. - tAl►Zt T S-I-4t`F I, Lii -G Y�rq L-///er'A Oe n t-,e + ,hereby declare that I am the APPLICANT 61mg this application. I have (Print full name) read this application and the contents and all statements true,correct and complete^ Pu.irt.c.. State of �+-�u1-t4u t County of ti X 4 icVt.,,..-iii..f..e....--74— The foregoing instrument was acknowledged before me this (Signature oNT) i 3 day of rv-rvt bt; , Z.o I o Day of Month Month Year .My commission expires on 7e, .L.49 WCt I (Sign f NOTARY PUBLIC) sit eh, Y E.t ElUGET NCPIT'P'.91h; xRtiOM , ,:coati c..n, _ ...��s Ay1G C.. 2 'r F liIllIllpt a , • • .N -� .. 4 • t ! � � � ! 1 2 s 4;Y $ 41 : i ti k+t S ir . ps ....i,ti,,b, , lit ,. • : A:0111.. ..':414 1 1: 'I '4.4,,, r rr-r--i „y qqYYl!��yy�� t ii z 2S qs j � PT u.. $}f[ Y i " u�11^"" .wrj ¢j A $ 4 d f ..•w .' 440001 4• ` T V 0 LUNCH AND DINNER SERVED FROM 11 am TILL LATE SANDWICHES, BURGERS,AND WRAPS SERVED WITH YOUR CHOICE OF STEAK FRIES,POTATO SALAD,COLESLAW,OR COTTAGE CHEESE; SOUP OR SALAD ADD................2.50 HAMBURGER 5.50 GRILLED HAM 5.25 CHEESE BURGER 5.99 BBQ HAM 5.25 CHILI BURGER.......................6.75 BBQ BEEF 6.75 BACON CHEESE BURGER-....6.99 ROAST BEEF ON A BUN 6.75 FISH ON A BUN.....................7.25 GRILLED CHEESE 4.25 PATTY MELT 5.99 BLT 6.50 GRILLED CHICKEN BREAST....6.99 CLUB HOUSE 6.99 SUNDANCE BURGER 7.25 HOT BEEF SANDWICH 6.75 DOUBLE PATTIES,CHEESE,BACON, 1/2 HOT BEEF SANDWICH...........4.75 ONION RINGS,TOPPED WITH BBQ SAUCE BIGGER PATTIE'4 lb;ADD 1.25;BACON ADD 1.99;ADD CHEESE.65 WRAPS GRILLED CHICKEN BREAST OR SLICED TURKEY 7.25 IN A TOMATO BASIL TORTILLA WITH TOMATOES,ONIONS,LETTUCE, BACON BITS,AND SHREDDED CHEESE,SERVED WITH HONEY MUSTARD SALADS CHICKEN CEASAR SALAD 7.25 CHOPPED ROMAINE, CROUTONS,CEASAR DRESSING,TOPPED WITH PARMESAN ORIENTAL CHICKEN SALAD 7.99 MIXED GREENS,GRILLED CHICKEN, MANDERIN ORANGES,CRUNCHY NOODLES,SERVED WITH A SESAME GINGER VINAIGRETTE CRISPY CHICKEN SALAD 7.25 DEEP-FRIED CHICKEN TENDERS, MIXED GREENS,CHEDDER CHEESE, BOILED EGGS,TOMATOES,BACON BITS SERVED WITH YOUR CHOICE OF DRESSING CHEF SALAD 7.99 MIXED GREENS,HAM,TURKEY,CROUTONS, BOILED EGGS,CHEDDER CHEESE,TOMATOES,SERVED WITH YOUR CHOICE OF DRESSING PASTA DISHES COME WITH CHOICE OF SOUP OR SALAD AND GARUC BREAD SPAGHETTI WITH MARINARA MEAT SAUCE 7.75 FETTUCCINE ALFREDO 7.75 ADD GRILLED CHICKEN OR SHRIMP. 2.50 LASAGNA 7.99 PASTA PRIMAVERA 7.75 CHICKEN PARMEG ANO OVER SPAGHETTI 9.99 *EATING UNDERCOOKED MEATS,EGGS OR POULTRY COULD BE HAZARDOUS TO YOUR HEALTH DINNER DINNERS SERVED WITH FRESH STEAMED VEGGIES, YOUR CHOICE OF MASHED POTATOES,BAKED POTATO OR STEAK FRIES AND CHOICE OF SOUP,SALAD OR COLESLAW ROAST BEEF................................................8.99 HAM STEAK 7.99 SERVED WITH BROWN GRAVY OR BBQ SAUCE LIVER AND ONIONS 8.99 CHICKEN FRIED STEAK...., ......LGE.8.99 CHICKEN TENDERS 8.99 SERVED WITH WHITE OR BROWN GRAVY STEAKS TRY OUR FRESH HAND CUT STEAKS SERVED WITH FRESH STEAMED VEGGIES AND POTATOES HOUSE COMBO 14.99 GROUND SIRLOIN 8.99 8oz.TOP SIRLOIN AND THREE DEEP FRIED SHRIMP 8oz TOP SIRLOIN....„.» 11.99 12oz.TOP SIRLOIN 13.99 TEXAS 16oz 15.99 SEAFOOD COD FILLETS 11.99 DEEP FRIED SHRIMP 11.99 BREADED SCALLOPS.......................12.99 LEMON GARLIC SALMON...................... 10.99 SEA FOOD PLATTER 16.99 TWO COD,THREE SHRIMP,FOUR SCALLOPS BEVERAGES SIDE ORDERS COFFEE 1.10 SOUP CUP..2.75....BOWL......3.25 ICED TEA ...........................1 75 BOWL OF CHILI 3.95 BLUE BERRY ICE TEA 1.75 ONION RINGS 3.99 HOT TEA. ias.161q D.}Ls. x' 5d.1.1.75 HOUSE SALAD 3.25 HOT CHOCOLATE 1.99 SLAW OR POTATO SALAD........ 2.25 LEMONADE 1.75 FF.BAKED,MASHED POTATO.......-2.25 MILK............SM.1.50 LG.2.25 COTTAGE CHEESE 2.25 40 JUICE SM.1.50 LG.2.25 CHILI CHEESE FRIES 4.99 SOFT DRINKS 1.75 WITH ONIONS Draft Beer 2.00 Domestic Beer 3.00 Glass of Wine 3.50 Well Drinks 3.00 Margaritas,Blood Mary 3.75 PIES PIE OR CAKE BY THE SLICE—........2.50 ICE CREAM..........................1.95 CHOCOLATE SUNDAE......_..2.25 QOT r 0r �tanC� ��oc`k :�5 *EATING UNDERCOOKED MEATS.EGGS OR POULTRY COULD BE HAZARDOUS TO YOUR HEALTH Appolwir Potato skins 5.99 Topped with cheese, bacon, chopped tomatoes and olives Nachos grande ...6.99 corn chips, topped with nacho cheese, ground beef, jalapenos, olives and tomatoes. Chicken wings 7.99 Hot, BBQor Oriental 12 jumbo chicken wings tossed with your choice of sauce, with carrots and celery. Mozzarella sticks 5.50 Six sticks coated with Italian breadcrumb and served with marinara sauce. Fried zucchini 5.50 One dozen coated with Italian breadcrumb and served with ranch dressing Shrimp cocktail 7.25 Six large shrimps served in a delicious cocktail sauce. Ask AN\ ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix,AZ 85007-2934 www azliquor gov (602)542-5141 RECORDS REQUIRED FOR AUDIT SERIES 11 (HOTELIMOTELW/RESTAURANT AND SERIES 12 (RESTAURANT) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS i'►, In the event of an audit, you will be asked to provide to the Department any documents necessary to determine compliance with A.R.S §4-205 02(G) Such documents requested may include however, are not limited to: 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises 2. A list of all food and liquor vendors 3 The restaurant menu used during the audit period 4 A price list for alcoholic beverages during the audit period 5. Mark-up figures on food and alcoholic products during the audit period 6 A recent, accurate inventory of food and liquor(taken within two weeks of the Audit Interview Appointment) 7 Monthly Inventory Figures - beginning and ending figures for food and liquor 8. Chart of accounts (copy) 9 Financial Statements-Income Statements-Balance Sheets 10 General Ledger A Sales Journals/Monthly Sales Schedules 1) Daily sales Reports (to include the name of each waitress/waiter, bartender, etc with sales for that day) 2) Daily Cash Register Tapes - Journal Tapes and Z-tapes 3) Dated Guest Checks 4) Coupons/Specials/Discounts 5) Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return - city, state and federal (copies) C Any supporting books, records, schedules or documents used in preparation of tax returns 12 Payroll Records A Copies of all reports required by the State and Federal Government Lic1013 05/2009 B Employee Log (A.R.S. §4-119) C. Employee time cards (actual document used to sign in and out each work day) D Payroll records for all employees showing hours worked each week and hourly wages 13. Off-site Catering Records (must be complete and separate from restaurant records) A. All documents which support the income derived from the sale of food off the license premises. B. All documents which support purchases made for food to be sold off the licensed premises C. All coupons/specials/discounts The sophistication of record keeping varies from establishment to establishment Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S. §4-210(A)7 AND A.R.S. §4-205.02(G). A.R.S. §4-210(A)7 The licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel-motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food A.R.S. §4-205.02(G) For the purpose of this section 1 "Restaurant" means an establishment which derives at least forty percent (40%) of its gross revenue from the sale of food 2. "Gross revenue" means the revenue derived from all sales of food and spirituous liquor on the licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant license issued pursuant to this section or under any other license that has been issued for the premises pursuant to this article I, (print licensee name) ny> e. Last First Middle have read and fully understand pf this statement -,.�OFFICIAL SEAL LZ'}C.i uçf4r ' CARRY-� '' !� HG,A r P, € - N+ -tv.A4, County of Mdn CRACG •= �� .«. e>f egoing Instrument was acknowledged before me this X ' Z. i 1l Hsu' Z t3 day of ren,v34; (Signature of Licensee) Day Month Year My commission Expires on. 2 la II Day Month Year (Signat6r4if N1STARY PUBLIC) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS lPrint Form ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (602) 542 5141 QUESTIONNAIRE ! © Jo((0 2 r / _ .._....s.:H...:...,, . ,., Attention all Local Governing Bodies: Social Security and Birthdate.inforttiatton is Confidential. This info mation may be given to local law enforcement agencies for the purpose of background checks Only,but must be blocked to be un adable prior to posting ,or ani public View. Read carefully. This instrument is a sworn document,,Type or print with BLACK INK. An extensive investigation of your background will be conducted False or incomplete answers could result in criminal prosecution`and the denial orsubsequent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT OR MA)VAGE EACH:PERSON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE 08T, NEDAT Dt4.Cr-FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED Br-DtI c T1iE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Effective 10/01/07 there is a$24.00 processing fee for each fingerprint card submitted. Liy 1 e # The fees allowed by A.R.S.6 44-6852 will be charged for all dishonored checks. i t t 3.l (tf the location is currently licensed) 1 Check XControlling Person (Agent 0 Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions except#14,14a&21) box Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2.Name bil PA-1 n P � `f P r� ).-, I I(4 rrt Date of Birth Last First Middle OT a Public Record) 3 Social Secunty NumbertMariMAINILDnvers License ltaaIMIIIIIIIIIIIr State /i r 1 L.c')-Y\ r/ (NOT a public record) (NOT a public record) I r�1 -it 4 Place of Birth i XCuT 1 t- -)J 7 Y Height •6 1G �� Weight. �(nC Eyes 13zatiHair 'r'c rii`1 City State Country (not county) 5 Marital Status 0 Single 0 Married g Divorced❑Widowed Daytime Contact Phone(.Ni/C.,}: -;?.. —7.27 6 Name of Current or Most Recent Spouse pie rZ i e'f c..---0 r t. ;,�rl�t' Date of Birth. (List all for last 5 years-Use additional sheet If necessary) Last I �7 First/ Middle Maiden (NOT a public record) 7 You are a bona fide resident of what state? ! , r r Z.c)v,.1 if Arizona,date of residency OQ. IC be,v I`? 5 8 Telephone number to contact you dunng business hours for any questions regarding this document (ego) - 7,Z 93 9 If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's license or voter registration card 10 Name of Licensed Premises ,5e)r)Cic?i-i r 74N.. .5 1 t7/i Y c?rir Premises Phoner<j/S'O) ' .J-19/7 11 Physical Location of Licensed Premises Address. f5:3.5 eId (v 51—/- y /-)par'h E__.<1.;nc_i I ei)) /'i r c?/ g-`k 6% /10114, Street Address (Do not use PO Bo #) 1 City County Zip 12 List your employment or pe of business during the past five(5)years If unemployed part of the time,list those dates List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city.stale&zip) CURRENT �.'r,cign ec- %S`tg7'ciwG.t f' l riiie90/o /)611 ge'r cL per-- /5`�5'S C�/. (,ir'e. t few y'/ /ice `' / z �'SLIi) 9/ / N- �irJY' .r1 r J`'f1'�7 Sf.�r i ^4 ritE. C°� t c, /Lj2pQtC.v.-cc,. r a?]3'Jz �KC<7 [tSc4t'/C' /)Pg.a fyL v?iL /J� an d _ ++ 7 / �i �q 7 _ /3n 73ro ,Clr iRCLr t�te.,3`'r,AZ (iOp�U,a ATTACH ADDITIONAL SHEET IF NECESSARY FOR ETHER SECTiONA 13 Indicate your residence address for the last five(5)years V FROM TO Rent or RESIDENCE Street Address Mont-Near ont./Year Month/Year Own If rented.attach additional sheet with name,address and phone number of landlord City State Zic 7 �`9,: CURRENT Ccc.r\ DSY E "sly,! r/-0,c:,( f'i �Jf ..71..` /Ile.sq /4Z.. 1'5207 UC 0101 9124/2009 Disabled individuals requiring special accommodations,please call the Department(602)542 9027 tf you checked the Manager box on the front of this form skip to#15 14 As a Controlling Person or Agent,will you be ph ically present and operating the licensed premises? BYES ONO If you answered YES,how many hrs/day? ‘4 and answer#14a below If NO,skip to#15 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) ®YES ONO If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15 Have you been detained, cited, arrested. indicted or summoned into court for violation of ANY law or ❑YES)4NO ordinance, regardless of the disposition, even if dismissed or expunged,within the past ten(10)years (include only traffic violations that were alcohol and/or drug related)? 16 Are there ANY administrative law citations, compliance actions or consents, cnminal arrest, indictments DYES I NO or summonses PENDING against you or ANY entity in which you are now involved? 17 Have you or any entity in which you have held ownership, been an officer, member, director or manager OYES KNO EVER had a business, professional or liquor application or license rejected. denied. revoked. suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you, the subject of which involved fraud or OYES NO misrepresentation? 19 Are you NOW or have you EVER held ownership,been a controlling person, been an officer, member, DYES ENO bdire=or.managehc ny other liquor license in this or any other state? If any answer toe Questions 1,5 thitag s"YES"YOU MUST tttae1 signedA0104. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED a/--20 I, aVerek Li r11,c >-isA —De .Y. I 1 , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) fill k this questi afire I have read this questionnaire and all statements are true, correct and complete. ' ` �' X _ J �_/ -�� State of /Lu14,--kw County of Ps"-14(.. (Signature of Applicant) The foregoing instrument was acknowledged before me this t 3 day of 1 ..`"1.:irJ3c1 , Zovo Month Year My commission expires on -Zc J 2�wl ,� Day Month Year ;^ •fsss o==,�, SEaw of NOTARY PUBLIC) LnRf y=ELLIGET I. y. N07A Ri nO-A- �, m • M4RiCOPA COV . "mac_ COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license The manager named must be at least 21 years of age State of County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (Signature of NOTARY PUBLIC) Print Name My commission expires on Day Month Year Print Form I frijy ' ARIZONA STATEMENT OF CITIZENSHIP AND ALIEN STATUS FOR STATE PUBLIC BENEFITS Professional License and Commercial License /, Department o Liquor Licenses and Control Liquor License#• It52. 1131 Ownership Name. 14ede /1 4 n el B ..).-) n e L I_C (as listed on the current liquor license application or renewal application) Title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 U S C § 1621, provides that, with certain exceptions, only United States citizens, United States non-citizen nationals, non-exempt "qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrants,and certain aliens paroled into the United States are eligible to receive state or local public benefits With certain exceptions, a professional license and commercial license issued by a State agency is a State public benefit Anzona Revised Statutes § 1-501 requires, in general, that a person applying for a license must submit documentation to the licensing agency that satisfactorily demonstrates that the applicant is lawfully present in the United States Directions. All applicants must complete Sections I, II, and IV Applicants who are not U.S. citizens or nationals must also complete Section III. Submit this completed form and copy of one or more documents that evidence your citizenship or alien status with your application for license or renewal SECTION I—APPLICANT INFORMATION, 1 APPLICANT'S NAME(Print or type)4tj Berri 1-.1///4m'7'h of,! DATE /of//3 7o1 0 TYPE OF APPLICATION(check one) a.INITIAL APPLICATION 0 RENEWAL TYPE OF LICENSE, "57..t1— SECTION II—CITIZENSHIP OR NATIONAL STATUS DECLARATION Directions:Attach a legible copy of the front.and the back(if anv1,of a document from the attached List A or other document that demonstrates U S citizenship or nationality. Name of document provided 8,rtit ('er ftficq'1e A Are you a citizen or national of the United States')(check one) a Yes JJ No B If the�,swer is"Yes,"where were you born? List city,state(or equivalent),and country City U i X r)in State(or equivalent).I%1 i r►o i 5 Country or Temtory U 3 A If you are a citizen or national of the United States,go to Section IV If you are not a citizen or national of the United States,please complete Sections III and IV DLLC 1 13/09 AG 1 1/08/07-81662 Page I of 7 egIN eft, l;} DE 17 Li;mr. L'c. r'!f A SECTION III—ALIEN STATUS DECLARATION Directions To be completed by applicants who are not citizens or nationals of the United States Please indicate alien status by checking the appropriate box Attach a legible copy of the from and the back(if any),of a document from the attached List B or other document that evidences your status A R.S § 1-501 Name of document provided "Qualified Alien"Status(8 U S C§§ 1621(0(1),-1641(b)and(c)) QI An alien lawfully admitted for permanent residence under the Immigration and Nationality Act(NA) Q 2 An alien who is granted asylum under Section 208 of the NA Q 3. A refugee admitted to the United States under Section 207 of the INA Q 4 An alien paroled mto the United States for at least one year under Section 212(dX5)of the INA Q 5. An alien whose deportation is being withheld under Section 243(h)of the INA Q 6 An alien granted conditional entry under Section 203(aX7)of the INA as in effect prior to April 1, 1980 Q 7 An alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980) Q 8. An alien who is,or whose child or child's parent is a"battered alien"or an alien subjected to extreme cruelty in the United States Nonimmigrant Status(8 U S C§ 1621(aX2)) Q 9 A nonimmigrant under the Immigration and Nationality Act[8 U S C § 1101 et seq] Nonimmigrants are persons who have temporary status for a specific purpose See 8 U S C § 1101(aX15) Alien Paroled into the United States For Less Than One Year(8 U S C§ 1621(aX3)) Q 10 An alien paroled into the United States for less than one Year under Section 212(d)(5)of the INA Other Persons(8 U S C§ I621(c)(2XA)and(C)) II A nonimmigrant whose visa for entry is related to employment in the United States,or © 12 A citizen of a freely associated state,if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658(or a successor provision)is in effect[Freely Associated States include the Republic of the Marshall Islands,Republic of Palau and the Federate States of Micronesia,48 U S C § 1901 et seq]; 13. A foreign national not physically present in the United States Otherwise Lawfully Present(A.RS § 1-501) © 14. A person not described in categories 1-13 who is otherwise lawfully present in the United States PLEASE NOTE: The federal Personal Responsibility and Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for licensure See 8 U S C § 1621(a) SECTION W--DECLARATION AU applicants must complete this section I declare under penalty of perjury under the laws of the state of Arizona that the answers I have given are true and correct to the best of my knowledge. Page 2 of 7 OIN Z. •.� -= /N..�� /3l /0 APPLICANT'S SIGNASIGNATURETODAY'S DATE Attachment.Lists A and B Evidence of U S.Citizenship,U.S National Status,or Alien Status, DLLC 1/15/09 AG 11/08/07-81662 Attachment to Form 1 Applicant Statement EVIDENCE OF U.S.CITIZENSHIP,U.S NATIONAL STATUS,OR ALIEN STATUS LIST A: U.S.CITIZEN OR U.S.NATIONAL Note. In this List,the term"Service"refers to the U S.Citizenship and Immigration Service,formerly,the U S Immigration and Naturalization Service(INS). [Source.Proposed Rules,Verification of Eligibility for Public Benefits,8 CFR§ 104 23,63 FR 41662-01 August 4, 1998),and Interim Guidance of Verification of Citizenship,Qualified Alien Status and EIigibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996("Interim Guidance"),62 FR 61344 (Nov 17, 1997),Attachment 4] Evidence showing U.S.citizen or U.S.national status includes die following• a. Primary Evidence. (1) A birth certificate showing birth in one of the 50 states,the District of Columbia,Puerto Rico(on or after January 13,1941),Guam,the U S Virgin Islands(on or after January 17,1917),American Samoa,or the Northern Mariana Islands(on or after November 4, 1986,Northern Mariana Islands local time)(unless the applicant was born to foreign diplomats residing in such a jurisdiction), (2) United States passport, (3) Report of birth abroad of a U S citizen(FS-240)(issued by the Department of State to U.S.citizens), (4) Certificate of Birth(FS-545)(issued by a foreign service post)or Certification of Report of Birth(DS-1350), copies of which are available from the Department of State, (5) Form N-561,Certificate of Citizenship, (6) Form 1-197,United States Citizen Identification Card(issued by the Service until April 7, 1983 to U S citizens living near the Canadian or Mexican border who needed it for frequent border crossings)(formerly Form 1-179,last issued in February 1974), (7) Form 1-873(or prior versions),Northern Marianas Card(issued by the Service to a collectively naturalized U S citizen who was born in the Northern Mariana Islands before November 3,1986), (8) Statement provided by a U.S consular official certifying that the indiNidual is a U S citizen(given to an individual born outside the United States who derives citizenship through a parent but does not have an FS- 240,FS-545,or DS-1350).or (9) Form I-872(or prior versions),American Indian Card with a classification code"KIC"and a statement on the back identifying the bearer as a U S citizen(issued by the Service to U S citizen members of the Texas Band of Kickapoos living near the U S./Mexican border) [Source Interim Guidance of V enfication of Citizenship,Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996("Interim Guidance"),62 FR 61344 (Nov 17, 1997),Attachment 4] b. Secondary Evidence If the applicant cannot present one of the documents listed in(a)above,the following may be relied upon to establish U S citizenship or U S national status (1) Religious record recorded in one of the 50 states,the District of Columbia,Puerto Rico(on or after January 13,1941),Guam,the U S Virgin Islands(on or after January 17. 1917),American Samoa,or the Northern Mariana Islands(on or after November 4, 1986,Northern Mariana Islands local time)(unless the applicant was born to foreign diplomats residing in such a jurisdiction)within three 3 months after birth showing that Page 3 of 7 the birth occurred in such Jurisdiction and the date of birth or the individual's age at the time the record was made, (2) Evidence of civil service employment by the U S.government before June 1, 1976; (3) Early school records(preferably from the first school)showing the date of admission to the school,the applicant's date and U S place of birth,and the name(s)and place(s)of birth of the applicant's parents(s), (4) Census record showing name,U S nationality or a U S place of birth,and applicant's date of birth or age, (5) Adoption finalization papers showing the applicant's name and place of birth in one of the 50 states,the District of Columbia,Puerto Rico(on or after January 13,1941),Guam,the U S Virgin Islands(on or after January 17, 1917),American Samoa,or the Northern Mariana Islands(on or after November 4, 1986, Northern Mariana Islands local time)(unless the applicant was born to foreign diplomats residing in such a jurisdiction),or,when the adoption is not finalized and the state or other U S jurisdiction listed above will not release a birth certificate prior to final adoption,a statement from a State-or jurisdiction-approved adoption agency showing the applicant's name and place of birth in one of such jurisdictions,and stawig that the source of the information is an original birth certificate, (6) Any other document that establishes a U S place of birth or otherwise indicates U S nationality(e.g,a contemporaneous hospital record of birth in that hospital in one of the 50 states,the District of Columbia, Puerto Rico(on or after January 13,1941),Guam,the U S.Virgin Islands(on or after January 17, 1917), American Samoa,or the Northern Mariana Islands(on or after November 4, 1986,Northern Mariana Islands local time)(unless the applicant was born to foreign diplomats residing in such a jurisdiction), c. Collective Naturalization If the applicant cannot present one of the documents listed in(a)or(b)above,the following will establish U 5 citizenship for collectively naturalized individuals. Puerto Rico: • Evidence of birth in Puerto Rico on or after April 11, 1899 and the applicant's statement that he or she was residing in the U S,a U S possession or Puerto Rico on January 13, 1941,or • Evidence that the applicant was a Puerto Rican citizen and the applicant's statement that he or she was residing in Puerto Rico on March 1, 1917 and that he or she did not take an oath of allegiance to Spain U.S.Virgin Islands: • Evidence of birth in the U S Virgin Islands,and the applicant's statement of residence in the U S,a U S possession or the U S Virgin Islands on February 25, 1927, • The applicant's statement indicating resident in the U S Virgin Islands as a Danish citizen on January 17,1917 and residence in the U S,a U S possession or the U S Virgin Islands on February 25, 1927,and that he or she did not make a declaration to maintain Danish citizenship,or • Evidence of birth in the U S Virgin Islands and the applicant's statement indicating residence in the US,a U S possession or temtory or the Canal Zone on June 28, 1932 Northern Mariana Islands(NMI)(formerly part of the Trust Territory of the Pacific Islands(TTPI)) • Evidence of birth in the NMI,TTPI citizenship and residence in the NMI,the U S,or a U S.territory or possession on November 3, 1986(NMI local time)and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986(NMI local time), • Evidence of TTPI citizenship,continuous residence in the NMI since before November 3, 1981(NMI local time),voter registration prior to January I, 1975 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986(NMI local time),or • Evidence of continuous domicile in the NMI since before January I, 1974 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986(NMI local time). Note If a person entered the NMI as a nonimmigrant and lived in the NMI since January I,1974,this does not constitute continuous domicile and the individual is not a U S citizen d Derivative Citizenship If the applicant cannot present one of the documents listed in a orb above,the following may be used to make a determination of derivative U S citizenship Applicant born abroad to two U.S citizen parents Evidence of the U S citizenship of the parents and the relationship of the applicant to the parents,and evidence that at least one parent resided in the U S or an outlying possession prior to the applicant's birth Applicant born abroad to a U.S.citizen parent and a U.S.non-citizen national parent. Evidence that one parent is a U S citizen and that the other is a U S non-citizen national,evidence of the relationship of the applicant Page 4 of 7 to the U S citizen parent,and evidence that the U S citizen parent resided in the U S,a U S possession,American Samoa or Swain's Island for a period of at least one year prior to the applicant's birth Applicant born out of wedlock abroad to a U S citizen mother:-Evidence of the U S citizenship of the mother, evidence of the relationship to the applicant and,for births on or before December 24,1952,evidence that the mother resided m the U S prior to the applicant's birth or,for births after December 24,1952,evidence that the mother had resided,pnor to the child's birth,in the U S.or a U S possession for a period of one year Applicant born in the Canal Zone or the Republic of Panama: • A birth certificate showing birth in the Canal Zone on or after February 26, 1904 and before October 1, 1979 and evidence that one parent was a U S citizen at the time of the applicant's birth;or • A birth certificate showing birth in the Republic of Panama on or after February 26,1904 and before October i, 1979 and evidence that at least one parent was a U S citizen and employed by the U S government or the Panama Railroad Company or its successor in title In all other situations in which an applicant claims to have a U S citizen parent and an alien parent,or claims to fall within one of the above categories,but is unable to present the listed documentation • If the applicant is in the U S,the applicant should contact the local U S Citizenship and Immigration Seri,ice office for determination of U S citizenship, • If the applicant is outside the U S,the applicant should contact the State Department for a U S.citizenship determination e. Adoption of Foreien-Born Child by U.S Citizen • If the birth certificate shows a foreign place of birth and the applicant cannot be determined to be a naturalized citizen under any of the above criteria,obtain other evidence of U S citizenship; • Because foreign-born adopted children do not automatically acquire U S citizenship by virtue of adoption by U S citizens,the applicant should contact the local U S Citizenship and Immigration Service office for a determination of U.S.citizenship,if the applicant provides no evidence of U S citizenship f U.S Citizenship By Marriage A woman acquired U S citizenship through marriage to a U S citizen before September 22, 1922 Provide evidence of U S.citizenship of the husband,and evidence showing the marriage occurred before September 22, 1922 Note If the husband was an alien at the time of the marriage,and became naturalized before September 22, 1922,the wife also acquired naturalized citizenship If the mamage terminated,the wife maintained her II S citizenship if she was residing in the U S at that time and continued to reside in the U S LIST B. QUALIFIED ALIENS,NONIMMIGRANT'S,AND ALIENS PAROLED INTO U.S.FOR LESS THAN ONE YEAR ^ The documents listed below that are registration documents are indicated with an asterisk("*") a. "Qualified Aliens" Evidence of"Qualified Alien"status Includes the following. Alien Lawfully Admitted for Permanent Residence -*Form 1-551(Alien Registration Receipt Card,commonly known as a"green card"),or -Unexpired Temporary 1-551 stamp in foreign passport or on'I Form 1-94 Asy lee -*Form 1-94 annotated with stamp showing grant of asylum under section 208 of the INA; -'Form I-688B(Employment Authorization Card)annotated"274a 12(aX5)", -'Form I-766(Employment Authorization Document)annotated"A5", -Grant letter from the Asylum Office of the U S Citizenship and Immigration Service,or -Order of an immigration judge granting asylum Page 5 of 7 Refugee -*Form I-94 annotated with stamp showing admission under§207 of the INA, -*Form I-688B(Employment Authorization Card)annotated"274a 12(aX3)",or -*Form 1-766(Employment Authorization Document)annotated"A3" Page 6 of 7 /^ + �^ ,qr, 4_:. PP _ �� Alien Paroled Into the US for a Least One Year -*Form I-94 with stamp showing admission for at least one year under section 212(dX5)of the INA (Applicant cannot aggregate periods of admission for less than one year to meet the one-year requirement) Alien Whose Deportation or Removal Was Withheld -*Form I-688B(Employment Authonzation Card)annotated"274a.12(a)(10)", -*Form I-766(Employment Authorization Document)annotated"A10",or -Order from an Immigration judge showing deportation withheld under§243(h)of the INA as in effect prior to April 1,1997,or removal withheld under§241(bX3)of the INA. Alien Granted Conditional Entry -*Form I-94 with stamp showing admission under§203(aX7)of the INA, *Form I-688B(Employment Authorization Card)annotated"274a.12(a)(3)",or -*Form 1-766(Employment Authorization Document)annotated"A3" Cuban/Haitian Entrant -*Form 1-551 (Alien Registration Receipt Card,commonly known as a"green card")with the code CU6,CU7,or CH6, -Unexpired temporary I-551 stamp in foreign passport or on*Form 1-94 with the code CU6 or CU7,or - Form 1-94 with stamp showing parole as"Cuba/Hartian Entrant"under Section 212(d)(5)of the INA Alien Who Has Been Declared a Battered Alien or Alien Subjected to Extreme Cruelty - U.S Citizenship and Immigration Service petition and supporting documentation b Nonimmigrant Evidence of"Nonimmigrant"status includes the following -*Form 1-94 with stamp showing authorized admission as nonunrnigrant c. Allen Paroled into U.S.for Less than One Year Evidence includes - *Form I-94 with stamp showing admission for less than one year under section 212(dX5)of the INA DLLC 2/13/09 AG 11/08/07-81662 Page 7 of 7 �1 "��c'' " .' .11. ._ gm_e% .. +'r_ tin*arm *Ws say 411,40.D '� ^�:?nx '", j CERTIFICATION OF VITAL RECO D f sir#' +!leas♦• iv am ` # ' LEE COUNTY, ILLINOIS 10.• , • Ord i4e SION STATE OF ILLINOIS ,CLCLERK S UNTY r"• aGr� J DWIGHT H. GREEN, Governor RECORD ' .0 •-3 Department of Public Health—Ofvlsion of Vital Statistics )87F ,e--11-44) 1, PLAGE OF BIRTH Registration �r�11 f`�'3` County of Lee �__ _,.� Dist. Na..._5 .tl..._-_ CERTIFICATE Q F BIRTH -e • Dixon • �+`ft.-3,.a Registered Now _ _. . dr. .1' Primer .. ` —_�_..._�.._.__.—...._._.....�_ Y ((:anaecvtive No.) ( .P2 •City 3360 Rains of hospitalD { V ^. „t slb •(Cancel the three ta-ma not applicable--Do not Dist Ne.____ et institution.._._1X_Qn PUbl.+.CHgapj.tRI____.._. - enter"R.R.,""R.F D."or other P.O.Address). Mothsr'�c ylay before delivery: "'lp. In hoapll,isoLiI.6 1n this C s - or last .... ..._._...._ community_..__—_.....---_....,, C t >� Street and (Specify whether years,months,or days) e Numbar,Na.�.Q•_3_..i,<. Fir.at.--._-____......_..5t.,_........__......._.,._,..........._..._ Ward. a L E • 2. RESIDENCE OF MOTHER: a STAT ll nOi ._._.—.—.___(c) City or Vliiags ' °c - O ...... _._.. ...(b)County----._._..-e_e_..._. e (fjp: (usual place of a d 2 U (d1 Township__ tS.4 ...._.Y._._..»_..(e)Road DIN....._._._._...____.___.._�.. ..___ __I 4 Date of • 3 FULL NAME OF CHILD - r p Via' LaVera Lilliam Schweiger birth. (Meat ,• Y, year) it A - at '` 6. Sea W Child 1 6. Twin,Triplet Number in order 7 Number menthe of j B. Legitimate/ a .. . (] ... or othart_...____.._._..__of birth__..._._Y....—..._.__.. pregnancy-__._..__.._._9 __. Yes x...No._—...__...__._...._._.. g e 4.; - f enl A l e (To be answered only in the event of plural births) 'r,., ie » . g. Fait FATHER y 16. Full maiden MOTHER namClifford Burbank 3ehweiger n.ma Helen Lucile DeGriee « i _. flip. yrhite 11. Ape at time �7 white 117, Age at lima J7 c . _. iR Color or rac .._— of this birth____. yrs. 16. Color or race____......._...__...._... M et this birth___._ . E 12, Birthplace(City orplaoe)_..._._. S tte •—I 16. Birthplace(City or place)___.—_enIllinois +d�'ota • }E4 a (Stets or country) in p is 1 (State or muntry) Il l i n o i s op R — 1gm I e o `3 Si- L. 0 13. Trade,profession,or particular O ig. Trade,profession,or particular kind t ♦yr c P. kind of work dens,as spinner , H of work done,as housekeeper. Hou sewif C „ >7st- c sawyer,bookkeeper,etc..__F . _—._._._ d typist,nurse,clerk,ate .. - _ m vi• 14. Industry or business In which v 20. Industry or business In which cs __ ` o work was done,as silk mill, es work was dons,so own home, own home er o . is m 0 sawmill bank,eta__.._•—.._FE^T)'t = ....__._.... D lawyer's oftce,silk mill,etc.____.... ...._.._...��.._.. i } 1 .,, „iak v i ' 4. « 21. (a) Including this child,number of 1 22. Mother's mailing address for rspletratlon notice. #• thildr►e barn alive to this method_ _______ Mrs _Clifford Schwa i er =iti `,t.` 3 (b) Including this child,how many of g__ _,_ -- ' s these children ars now living/___ 1—•..•...— �e'F.fla --}�1 'Ce 3 (c) How many were born dead to � "" ____—.....__.._._._._. eTa 0r A-S /ton Illinois c this mother,l.a,Stillborn? 4' �— i ..._._._2._... _.._._—____._.__...._.._.._,_.— e i▪ t* v Mr.Whet treatment was given child's oyes at birth/ Crede s i ,>',' 23. (a) Was a blood teat for Syphilis made upon e B (b)Date bleed specimen (c) Name of Laboratory own V ✓ s'- is the mother of this chiidL_r...._,_..__._,L..._.__- was token..__ making this fast..___._._...—�- ' ' w o NOTE: Result of the test mist not be elated on this certtffoate. 5. k u• # 24. I hereby certify that I attended at the birth of this child which wee BORN ALIVE _M.on the data stood abera. is Howard M Edwards Pbysician �' t ' w -25_ Dixon 1.11 t 3 Datesipnad:_�_ .._S—.__... _ AAdresa.-.---.-�_._.._ ....._ ! �_.__._....._._.__ ._____.,._Phone._ .—, .�.� R-;�!filF., ¢ 2b, Data Fllsd_JU 0 1911.J._ Wayne ue? �, ! ___ .2B. Signature_ —'"-T-- — _Re¢Ltrat '� A. ` C ''CI r�.. O Post 011lca Add ___ _ ......_ _____.„ :of's: . `ii CERTIFIED COPY/ABSTRACT OF VITAL RECORDS r i STATE OF ILLINOIS r r 0 J a ��ESTATE�Fit COUtiTYOFLEE SS r/�nim /� Lfv40? i ( Ji C, ^' _ `Cii) I Vency Nelson.Lee County Clerk,do hereby tartly that itis do ant is a true and correct Copy/abstract at the om'y mnel -- {fjf record whkh Is on five h:n¢office d the County Clerk.Lae County,Dixon,armors �/ 0 iC a Of /7 n vmi �ul s i,. m NANGY NELSON " I „Is..f * t �j1/1 : COLINIY•.. OK 'f f1 'gat.acid without the embossed seal of Lee Counts: r S / - 'a a AFA `AILG 26ts 1-r- ,'� r .'"" "'Y:1 ANY-ALTERATION OR ERASURE VOIDS TMiS CERTIFICATE * •- lit b lb_ i tier\R\r I * 111.10.1" 10" "11110211 �� if Z 7 V.* V as ta► folk a��►faas a::� V V� v#tie 41✓.111tis ash► v 41.01,41u Ask Yrint tort Arizona Department-Of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azligtior.gov 602-542-5141 CERTIFICATE OF TITLE 4 TRA NING'COMPLEl=ION DcNotDJplieateThi'sfonTs t rr/ Certificates must be compietedby a state approved trainin.course..provider 7n blackInk,on an original form :Amok "� ^et '' _ ull Name(please print) 1p . ?2//.-e4,i:'•Atttki'-;<,',-,: )?:, --i:'t; ' 4 w fCr rtdtuf r- f• .a Type'ofTral in Completed leted(checkYesorNo) Training Completion Date ''= `e des D*No' BASIC tig Yes 0 No ON SALE I1 z,rni r I - i S Yes ❑No MANAGEMENT ❑Yes Z No OFF SALE Certificate Expiration Date • Yes ❑ No BOTH ❑ Yes © No OTHER (MANAGEMENT-5 years from completion date) (BASIC-3 years from completion date) If Trainee Is Ernnioyed By A Licensee Name of Licensee Business Name Liquor License# Alcohol Training Program Provider Information IE 1"o 0 --A ©°DA Coiasoc Arts Company or Individual Name(please print) 43445 e Prz-frIcE,ss biz . Address N AeLita,v4e czo5 ( I gOZ ) 31 ct-336-3 City State Zip Daytime Contact Phone# I certify the above named individual has successfully completed the training specified above in accordance with Arizona Revised Statue,Arizona Administrative Code,and the training course curriculum approved by the Department of Liquor Licenses and Control 1—P1tZ•cz—y { , Name of Trainer(please print) tc� tl tto �l. Trainer Signature Date Pursuant to A.R.S§4112(G)(2),mandatory Title 4 liquor law training is required prior to the issuance of all new liquor license applications submitted after November 1, 497 The ersonrequired to attend both the BASIC and MANAGEMENT Title 4 liquor law training,on-or off-sale,will include all of the following: p ss)( 9 4 Owner(s) Licensee/agent or manager(s)actively involved in daily business operation A valid(not expired)Certificate of Title 4 Training Completion must be submitted to the Department of Liquor Licenses and Control before a liquor license application is considered complete Before acceptance of a manager's questionnaire and/or agent change for an existing liquor license,proof of attendance for the BASIC and MANAGEMENT Title 4 liquor law training(on-or off-sale)is required 8/2009 Disabled individuals requiring special accommodations please call(602)542 9027 Print Form i ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 '( 02)542-51411 1!'t y\ J r. QUE NAST4ONIRE I 66407 / Attention all Local Governing Bodies Social Security and Birthdate lnforcnation is Confidential. This informa n may be given to local law enforcement agencies for the purpose of background checks only.6ut'must be blocked to be unreada a prior to posting - or any public-view. .,.'/ Read carefully. This instrument is a sworn document:-Type or print with BLACK INK. An extensive investigation of your background will be conducted False or incomplete answers could result in criminal prosecution and the denial orsubsequent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON AGENT OR MAM,41aC R.'Et-I PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT"TYPE FINGERPRINT CARD WHICH MAY BE OBTF NOD Ax OLL-c FINGEERPRi}4TING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERViCE.`APPROVEt CF-;THEblEPARTMENT DOES NOT PROVIDE THIS SERVICE, Effective 10/01107 there is a$24.00 processing fee for each fingerprint card submitted. Liquor itf. .erise # The fees allowed by A.R.S.6 44-6852 will be charged for all dishonored checks, 12 i 1 3 1 l (If the location is currently licensed) i Check jifj Controlling Person ['Agent ❑ Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions except#14,14a&21) box —10,- Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2 Name f=C 11,•..%l`11 t .\t,_QC 1( Iv \_f)24) Date of Birth asr First Middle a ubiic Record 3 Sooal Security Number Dnvers Licens State 1.4g.1 7 6 111A ( a u is record) ] (NOT a public recorr Df ry 4 Pla;e of Bi th7//PC/)/X ,,4F'l,7C/1/{r (/'t1 ittit.i Height: k 4 Weight/ (0 Eyes:!'yL Hair al) City State Country (not county) y.J ( ' 5 Marital Status ❑Single Married❑Divorced❑Widowed Daytime Daytime Contact Phone `�g G- 77-0 -- '7"i 6 Name of Current or Most Recent Spouse ..JC:-� "� i I F L.L.O II l° Date of BirthaIIIIIMPIP (List all for last 5 years-Use additional sheet if necessaryr Last First Middle Maiden (NOT a public record) 7 You are a bona fide resident of what state? /--)rI 7 0 TA ,i., _If Arizona date of residency _joilliN _ 8 Telephone number to contact you during business hours for any questions regarding this document L c - jO -S6.,qC 9 If you have been an Arizona resident for less than three(3)months submit a copy of your Arizona driver's license or voter registrationcard(' {� 10 Name of Licensed Premises.a InCt -If\(tt' — raUS(AY" /t Premises Phone `-i CC.)- 1?S` 1`"1 11 Physical Location of Licensed Premises Address.I�`)' '(,),!_ t, : 5'-T—i-i 1��. „7 hj�ia�3 _ n(• '....!� L Street Address (Do not use PO Box#) T City ounty Zip Aai\ 12 List your employment or type of business dunng the past five`5)years If unemployed part of the time,list those dates List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS 7 (street address city state&zip) 1-4(..,,, t1A D CURRENT f1r� (��L r1(16 1y I.t� K Li l (}} l5 ` � I Gk �( 4 ti� 14 - SEy� '3 �i - >>(_ r C i' ) H Z• �'.> Z t� �� �� i tlC: ViS SEt�ln�^ ifvtt\tj t�% / i0 .`cr,te-A.;k,.ntT1(,i-,r ,E t-F itz c t-V-C� yiic . s� 1-l. YS`.CC �I G prc0KC1eJe. C1c ce ti .-~ c1c,e- -Iwo c�G��ccdtkk\- L\ o _ lin c' n�3 `�^ pp -1742, , . A-z - 75'Q? ATTACH ADDITIONAL SHEET IF NECESSARY FORU EITHER SECTION 13 Indicate your residence address for the last five(5)years V FROM TO Rent or RESIDENCE Street Address do:t!vYear Month/Year Own If rented,attach additional sheet tiwth ,ame address and phone number of landlord City State Zip f / n CURRENT (yfv/1 i3tx' $ t110Efr ''11 A /S /c 9/06 7654 Tee f /17 - 9 %/7 �A., 7 LIC 0101 9124/2009 Disabled individuals requiring special accommodations,please call the Department.(602)542-9027 Alimik Ask If you checked the Manager box on the front of this form skip to*15 14 As a Controlling Person or Agent,will you be physically present and operating the licensed premises? OYES ONO if you answered YES,how many hrs/day? i 2-i t, ,and answer#14a below If NO, skip to#15 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) AYES ONO If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license 15 Have you been detained. cited.arrested. indicted or summoned into court for violation of ANY law or ❑YES g NO ordinance, regardless of the disposition, even if dismissed or expunged, within the past ten(10)years (include only traffic violations that were alcohol and/or drug related)? 16 Are there ANY administrative law citations,compliance actions or consents,criminal arrest, indictments Q YES NO or summonses PENDING against you or ANY entity in which you are now involved? 17 Have you or any entity in which you have held ownership, been an officer, member, director or manager DYES XNO EVER had a business, professional or liquor application or license rejected. denied. revoked, suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you, the subject of which involved fraud or OYES ItiNO misrepresentation? 19 Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, OYES 640 Virectorn �� h r liquor license in this or any other state? If any answer t• a -stions 15 thrb ,.YES"YOU MUSTttach.a sigt;�ed« ftJ Give corn.. -te details including involved. and dispositions . SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. I,fl )'6t'c'\O'P L fC,(\ fj�oue...1 1 , hereby declare that I am the APPLICANT/REPRESENTATIVE ++ -,;,_, ..3 , (print full name of Applicant) filing this ques iio sire I have read this questionnaire and all statements are true, correct and complete � '1 x (- _ ' . /` State of f K*.� uk County of �i�,v, z ((Signature of Appiic nt) The foregoing instrument was acknowledged before me this 11 day of Oz Cam.It.+-. , 20 i o e <7:7 (mrtth Year My commission expires on 717 i,...) 7.. i 1 t' . _t �'" ? n.LARRY E ELLI n ure of TARP PUBLIC Day Month Year _g:. ua i„ AR ! 1 ) j{! i.iAR,COPA COUNTY Sass i�rc maa•ft:,Nsgz�ti i ��SS�<_ -,.: -vt-,! COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license The manager named must be at least 21 years of age State of County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (Signature of NOTARY PUBLIC) Print Name My commission expires on Day Month Year 4 12_ tc.1n i. C omP-ovinA c.L, i MA .Q,my/o y vn e yt / " , stay.x 62°,, f'i vi,,e Ci /( /•I U•C k --In, etC'� Y e Ste,7 Ora .1 i cJ.. .. ti ti'�, Az y�•�sZa ( V �.ao I f3.i v lal jd�'S� H�Y ,a10 d iq n A t � � t -f+•�� 5 9S>ItI sr�i2r1 Rd S7`�� JA in 1� s Tr d u� s ID/0-1 2! d 'Tali�•«nyy' e e. y°'yt,,O T M0q, A, G' /har Az 75,23q �'3c. tjj�o? 9�45 /G/a 7 �'� Collins Co �l el f MO O 5, Pr ieS)'"7Jr. 7.1 ,2.., Az $Salr/ Oak AlNth, 1 Fret Forn Arizona Department of Liquor Licenses ar d'Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.aziigraor.gov - 602-542-5141 CERTIFICATE OF.TITLE 4 TRAINING COMPLETION 1 Dt Notbilt licateThisForm Certificates must be cornpleti d by a state`approved training course-provider in black ink,on an original form . 0- .:t�oL,t, ` , f :I o1 _ -aai6(pfease printV ! j Aiip ii ✓ s7 x ,„ 4 44` Signatur r t ;y •crti t3 Type'or training Completed(check Yes or No) Training Completion Date-' , `'��. �` ya- _ -'°'t '� = •,4 4 }D_No BASIC Yes ❑ No ON SALE 1I rp 5,ii, 17, ZcstJ : ;.t 1I 8" D No MANAGEMENT CI Yes j No OFF SALE Certificate Expiration Date .. lig Yes CINo BOTH El]Yes g No OTHER (MANAGEMENT 5 years from completion date) (BASIC-3 years from completion date) If Trainee Is Erripldyed By A Licensee Name of Licensee Business Name Liquor License* Alcohol Training Program Provider information RMoo ri' eu L.t uovL Coi suc,r-ors Company or Individual Name(please print) 6445 e. Przo,icEss b2. Address i la e'caps- ( 602- ) 3 i 4-3353 City State Zip Daytime Contact Phone# !certify the above named individual has successfully completed the training specified above in accordance with Arizona Revised Statue,Arizona Administrative Code,and the training course curriculum approved by the Department of Liquor Licenses and Control { /IN ( %,l Name of Trainer(please print) , i)� IZ/I'altc' Trainer Signature Date Pursuant to A.R.S.§4-111?(G)(2),mandatory Title 4 liquor law training is required prior to the issuance of all new liquor license applications submitted after November 1,1997 The persons{s)required to attend both the BASIC and MANAGEMENT Title 4 liquor law training,on-or off-sale,will include all of the following: Owner(s) Licensee/agent or manager(s)actively involved in daily business operation A valid(not expired)Certificate of Title 4 Training Completion must be submitted to the Department of Liquor Licenses and Control before a liquor license application is considered complete Before acceptance of a manager's questionnaire and/or agent change for an existing liquor license,proof of attendance for the BASIC and MANAGEMENT Title 4 liquor law training(on-or off-sale)is required 8/2009 Disabled individuals requiring special accommodations please call(602)542-9027 At COPORATIO14 DOMMilliDri AZ Corp. Cotnnti.ss iOr act 01 ID 03271057 fiE Lk., a Do NOT WRITE ABOVE THIS LINE,FOR ACC USE ONLY ARTICLES OF ORGANIZATION tao HOT PUBLISH f Select one. This form may be used for: ,^, THIS SECT1dlt ARIZONA LIMITED LtABEUTY COMPANY(A.R.S.c2Z-032) NOTE:r<prote&scorutt limited i stbigty 0 ARIZONA PROFESSIONAL LIMITED LIABILITY COMPANY(A.R.S.§2S-841.01) tiny Is an LLC otg''.re.ed for the PurOsse ofroodefir+a 1. The name of the organization: one or mare cate$xkrs of prc€essanal service. . Professional servIne iv - . .._.. delinxd as a servial A. that may be try — rendered Oath/by a LLC Name Reservation File Number(ff one has bow c btatnari).if not,leave this line btan(c person Maimed in this / f state to render the 0. .�' ,(I.....�i.x.L� . »E'Tf � J Cy, serviA`e • Ltrnitrxi Liability Company Name i The LLC name owl , cnrt4in the words 'limiters Gstt9ity company or dmttcd 2. Known place of business in Arizona of act truss is the swine as the meat addrosa of Ste siatu ary company"or the sent.write'same as statutory nerd' 010 HOT LEAVE THIS SECTION SLAW) ubtiro: riir its"L.L.C', "L.C.',"LLC',or-LC' The Professional LLC _ , � / / ru�rn+3rnustconcefrstt�s Address /,�,3 L~ _( 1d Lt}v.-:p }Tss11 words"processional ; / Welte1liability State ? _,_.- company or the Citpy�, tf?l c /e ,�, Z Zip r `5 r ebensvtegons "P L.L_C','PLC.". 'MC',d"Pt.C.- P. The name and street address of the statutory agent in Arizona 2.ht1. t be an Arizona address tx0 NOT "-" 1rFrtTttt$$ECTtr�N wert3 aYe. "ei L., ! e r i t-r/.; .'.' _._. 3.It rho statutory ~j , /' romk has a too eOx Address (ls`t •1.r�r �' ,� iben iney moat aF.o �S provide a phlalit t1 City . 1S;,,a, 3. _ _ State Az_ Zip.... i p,%,1 C address or description r of the location The agent rrr t dgri Acceptance of Ap iritment b ' Statutory Agent: ttri artld s or tam f _. it_ I '`l-�. been designated to act as written consent to I •..�•� having 9 avosptance of the (Print Name of the Statutory Agent) apeointinolt. Statutory Agent, hereby consent to act in that capacity until removed or resignation is submitted in accordan e ry h the Arizona Revised SSt~atute. Agent Signature: �u a., . .. .:4c4., If signing en bet iatf of a company,please print ttbe company nacre Iwo. u..00wt Arrzouta Corporation Con n,isaxt Aar 1012CIM Peao 3 of 4 Corporations Division /N • ],1 j fit_' ~ ! 1:jt`e DO NOT PUBLISH 4. Purpose of this(Professional)Limited Liability Company is to provide the ,4Or+ requited ter following(professional)service(s): (Only required for a Professional LLC Company) pen s-Menai limited eannity«may me purpose must staffs the Noiettional tarns o services that the oc npany is nanIVed to perform. 5. Dissolution: The latest date of Dissolution Professional service is deCnad es a seniors Mal may be -- - tawfulfy rendered oh by a person OThe latest date to dissolve 1 l (Please enter month,day and four digit year) rixar+sad in(flit slate rorender the The Limited Liability Company is Perpetual a.-ns bte^,t date,a soy.on%hill the O. Management Structure: (Chock ore box only)AR S. 29-6632 5 Company must S � C ) dissolve. f a dissolution data thouid include the A. Ca RESERVED TO THE MEMBER(S) month,day and yokr tF PESERVED TO TMG MiSSAEi'ER(S),YOU t&kY sa tacr of i it Metieea At'W FOR EAcIA mEAMEER USTED. Peroehm4 meals B. a VESTED IN MANAGER(S) indafirMy IF VESTED IN THE MANAGER(S),AT LEAST ONE ENTRY&SELOW Mt TNAVE THE MANAGER BOX CHECKED. S.Check which Name r 4 t{'t1 t!L- l. . r3 wr, Il r Name e ! 4- - ' management structure tbi win be o 0 Member 0 Manager tole; if Tr'is a tact above)ni�ttcmf�io to your 39 Y ! Member Ca Manager only if"V IS setae-Jon above) company.Provide e title as fornd /T,,3e Address: O 5. e(�� c� Address- t`i)-'�V TT:r 1 w.eau`)�11 t'5 t3A itrasrrl�adto persurc City. .�,`Li".tr,nState , � Zip: ' `'1[ t1 CRY. Jl<'-.;:.�i State,,4 Zip. SPS.,7C17 the membr,(s). I� r check Use n-aprovide the Name � a 1.C1 {r L, C3 jam./ box and provide the j names)and rYi address(es)of machMerrither Li Manager(only if'0 is valecled above) aMesritier 0 Manager(only tf'£'es selected above) member NOTE:if mi.erved to Ma member(s)you Ad/hew/SC 0 S -,o"--r) Address:lOcv r`f),-1 D 014 5 r 0011.e. cannot an any nlsMOer Ciiy,i `.F; f 262/ late, r Zip: City,Ails State, Zip Ea.If%sated in matt ens)chock �•YOU snno KOAE APACE cost irstino siemens l YAAGa Pt nest ATTACH me Arian:ye&PAGE TO 114X ARriCLES Of GQO.RtUATiGtt the manager's box and provide the nama(s)and address(as)of each Executed this day of mangier end each member who owns a f""alry(20%) Executed b ,- _Print Name Lc y L-. x>sl�r 1 percent or waster Interest In the capital a profits of the Lt.C/ - .0 �, L c.x.-'�.• P1 Lc. If signing o beall of a company,please print the company name here The pawn(c) oxeduting thus document need not Phone Number: Fax Number: be a manager or member the company. • LL:0004 Arizona Corporation Commission Ref;.1 fY2009 Pogo 4 of 4 Comoretton s OMaalon n '10 i DEC 17 I iT% Lit. F71 1 L5 OPERATIONAL AGREEMENT Maurice L. Bedwell and La Vera 1.Bennett,are equal partners in Bedwell and Bennett LLC, both are Manager/Members.they share an equal partnership in the Sundance Restaurant, located at 1535 Old West Highway, in Apache Junction Arizona. They share equally in profits and tosses and each are able to make independent business decisions. Both may make personnel decisions,and issue paychecks and checks to various vendors. n J • l LaVera L. Bennett Maure L. Bedwell Q PQpCHF Wit??� �. ae4e', 1111 L Home o/ t/u. Superstition Mountains 0141* NOTICE The attached application for an Interim Permit, New License, Limited Liability Co., Restaurant Liquor License submitted for Sundance Restaurant located at 1535 Old West Highway, Apache Junction, Arizona, was posted on the 27th day of December, 2010, at 2.30 p.m. Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the City Clerk at City Hall within twenty (20) days after the date of posting Arguments for, not objections against, shall be filed thereafter A public hearing will be held Tuesday, January 18, 2011, at the City Council Chambers, 300 E Superstition Blvd , Apache Junction, AZ at 7 00 p m., at which time any objections filed will be heard. • Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. •Voice(480)982-8002 • FAX(480)982-7018 • FDD(480)983-0095 • www ajcity net 300E Superstition Boulevard Apache Junctson.AZ 85219 PpCH titetiort rs Home of the Superstition Mountains ,4A ZOO December 27, 2010 LaVera Lilliam Bennett Sundance Restaurant 1535 Old West Highway Apache Junction, AZ 85119 Dear Ms. Bennett. Please be advised that the application for an Interim Permit, New License, Limited Liability Co , Series 12 Liquor License submitted for Sundance Restaurant, located at 1535 S Idaho Road, Suite 108, Apache Junction, Arizona, was posted on December 27, 2010, in accordance with State law The Apache Junction City Council will hold a public hearing on January 18, 2011, at 7.00 p m in the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which time the City Council will consider a recommendation for approval or disapproval which will be forwarded to the Arizona Department of Liquor Licenses and Control Please note that the City Council frequently has questions for the applicant. It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. There is a $50 non-refundable application fee that is due and must be received prior to Wednesday, January 5, 2011, in order for this application to be placed on the City Council agenda If you have any questions concerning this matter, please contact my office at 474-5068 Sincer iy, zr- Kathleen Connelly City Clerk • (7-1, • Voice(480)982-8002 • FAX(480)982-7018•TDD(480)983-0095 •www ajcitv net 300 E Superstition Boulevard. Apache Junction.AZ 85219 A 40016, Qp NCH tok rib"0 e4CiStCy4fillietilLIV 3 } Home of the Superstition Mountains 4R ZQN. DECEMBER 23, 2010 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK � ( FROM: JAN MASON, DEPUTY CITY CLERK F, =1'r-- SUBJECT APPLICATION FOR LIQUOR LICENSE FOR SUNDANCE RESTAURANT Ms LaVera Lilliam Bennett has submitted an application for an Interim Permit, New License, Limited Liability Co , Series 12 Liquor License for Sundance Restaurant located at 1535 Old West Highway, Apache Junction Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, January 5, 2011, in order for this item to be on the agenda for the City Council meeting of January 18, 2011 Attn Application • Voice(480)982-8002 • FAX(480)982-7018• IDD(480)983-0095 • wvwwwv aicity net 300 E Superstition Boulevard Apache Junction.AZ 85219 Janet Mason From: Yanet Ochoa Sent. Wednesday, December 29, 2010 8 21 AM To• Fred Baker Cc: Janet Mason Subject. RE Sundance Restaurant liquor license Staff has no objections to Sundance Restaurant Liquor License renewal. If you have any questions please let me know. Thank you, Assistant Planner 300 E Superstition Blvd City of Apache Junction yochoa@ajcity.net (480)474-2636 From: Fred Baker Sent: Monday, December 27, 2010 8 35 AM To: Yanet Ochoa Cc: Janet Mason Subject: FW: Sundance Restaurant liquor license Please respond to Jan by January 5th Fred From: Janet Mason Sent:Thursday, December 23, 2010 4 44 PM To: Fred Baker Subject: Sundance Restaurant liquor license /'ok, I have received an application for a liquor license from Sundance Restaurant, Please have your department recommendation to me by Wednesday,January 5 Part 3 and 4 of the application are coming on a follow up email Thanks Have a Merry Christmas! Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd. Apache Junction,AZ 85119 480-474-5068 jmason c(aaicity net Service Over and Above the Rest 1 z Apache Junction Police Department zPa - . Interdepartmental MemouY4' ofzc"` �T a DATE 12130/2010 TO Lt B Jackson #21 FROM Sgt. T Parker#69 /x SUBJECT. Sundance Restaurant, Premise Liquor Inspection Lt. Jackson, At your direction I conducted a liquor and business inspection of the Sundance Restaurant at 1535 Old West Highway. The inspection occurred on 12-30-2010 at 1156 hours During my inspection there were several customers within the dining area and one employee off duty in the bar area I contacted the owner, Maurice LeRoy Bedwell(DOB• 4/23/74). Mr. Bedwell showed me the establishment and all liquor controlled areas The bar area was located east portion of the building and is surrounded by countertop placing a separation between the liquor and consumers There is direct access to the kitchen area to the south of the bar area. Alcoholic beverages were presented within the cooler, bar area, and additional storage area within the office at time of inspection. The office is located along the far east wall which also is used for the excess storage of liquor and all beer is currently kept within the cooler area. At the tune of my inspection I found the office/liquor storage area secured as the door was locked requiring use of key for access. My inspection indicates the following • There are no reported liquor violations documented within the Apache Iunction Police Department database • There are no known liquor violations documented with the Arizona Department of Liquor Enforcement • All alcoholic beverages were properly stored and not within easy reach of customers Therefore, with my findings and observations this law enforcement officer does not object in approving a liquor license for this establishment as long as all other laws and requirements have been met to the City of Apache, County of Pinal, and State of Arizona CFAI (.0. b o Apache Junction Fire District a 565 North Idaho Road, Apache Junction, AZ 85119 •y a u,y Phone (480) 982-4440, Fax(480) 982-0183 1 ' ~ 'Pf DISZR\` t. www.ajfire.org MEMORANDUM TO: Kathleen Connelly,City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction,AZ 85119 FROM Dave Montgomery,Deputy Fire Chief/Fire Marshal b DATE December 29,2010 SUBJECT Liquor License Application—Series 12 Sundance Restaurant, 1535 E.Old West Hwv. The Apache Junction Fire District recommends approval of the above noted application for a Senes 12 Liquor License at 1535 E. Old West Highway for the Sundance Restaurant The Apache Junction Fire District has reviewed the documentation and prevention files for the applicant as noted above We have recently completed an annual fire and life safety inspection during which no major violations were found Thank you for your notification on this matter Dpm ATTN Application ROLL CALL VOTE NOTES: i (.6/6) i)..14 / i✓ f ai, \\s ITEM # " MEETING OF MOTION BY: \ SECONDED BY: ` YES NO ABSTAINED COUNCILMEMBER BARKER 1 COUNCILMEMBER COLEMAN V� COUNCILMEMBER WILSON ,l COUNCILMEMBER ECK VICE MAYOR DIETZ COUNCILMEMBER SERDY r MAYOR INSALACO 1 UNANIMOUS' IN FAVOR OPPOSED ABSTAINED TOTAL adElbk AM.Ilk Allabk ITEM NO. 10 I MOVE THAT THE APPLICATION FOR AN INTERIM PERMIT,NEW LICENSE, LIMITED LIABILITY COMPANY, SERIES 12 LIQUOR LICENSE FOR SUNDANCE RESTAURANT, SUBMITTED BY LAVERA BENNETT, BE RECOMMENDED FOR (APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. ppCHt °� a.f`City pache junction U1�5r 2 Home qf the ,Superslztton Mountains �Rf20N� a Print TO: City Manager's Office FROM: Jerald Monahan, Chief of Police DATE: January 18, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: COUNCIL DIRECTION TO STAFF ON POSSIBLE AMENDMENTS TO ORDINANCE NO. 1285 RELATING TO WEAPONS DISPOSITION ACTION REQUESTED: Direction to Staff DISCUSSION/ BACKGROUND INFORMATION: Staff seeks direction from Council on desired policy changes to Ordinance No. 1285, which currently mandates that firearms used in the commission of a crime, including suicide, be destroyed. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: .••.RECOMMENDATION: ATTACHMENTS: Click to download 0 Ordinance No. 1285 ORDINANCE NO. 1285 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 3 ADMINISTRATION, BY ADDING NEW ARTICLE 3-14, PROPERTY DISPOSITION; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, the City of Apache Junction Department of Public Safety/Police Department maintains a central repository for the purpose of receiving and retaining seized evidence, including but not limited to firearms and other weapons; and WHEREAS, the Chief of Police exercised his discretion under current law and recently ordered the destruction of approximately 1200 firearms; and WHEREAS, the Mayor and City Council subsequently received objections to the current weapon disposal practice from concerned citizens and business proprietors; and WHEREAS, pursuant to A. R. S. § 12-820 . 02, unless a public Employee acting within the scope of the public employee' s employment intended to cause injury or was grossly negligent, neither a public entity nor a public employee is liable for: 1) the failure to prevent the sale or transfer of a handgun that is unlawful under a federal or state law; and 2) the failure to prevent the sale or transfer of a handgun to a person who may not 'awfully receive or possess a handgun; and WHEREAS, on October 16, 206, the Mayor and City Council held a work session to discuss the general weapon disposal policy; and WHEREAS, on November 7, 2006, the Mayor and City Council i1 ,tructed City staff to establish a policy for the disposal of firearms Seized by the Department of Public Safety modeled after the City of Mesa policy with various changes, and WHEREAS, the Mayor and City Council find it to be in the best interest of the City of Apache Junction to establish such a policy rather than have authority vested solely in the Police Chief . ORDINANCE NO. 1285 PAGE 1 OF 4 Al"" NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL Apache Junction City Code, Volume I, Chapter 3 ADMINISTRATION, is hereby amended by adding new Article 3-14, PROPERTY DISPOSITION, as follows- oak ARTICLE 3-14 PROPERTY DISPOSITION A DEFINITIONS "Administrative Procedures" shall be those regulations which the City creates relating to weapons disposition. "Historic Significance" shall mean some special or important past . "Licensed Dealers" shall mean those persons, firms, or other entities which hold current and valid governmental <ucnorization to trade, sell or barter weapons. "Preservation Entity" shall mean any governmental or private agency, association, or organization that displays to the purls for a fee or for free, weapons in their original condition or those that have been restored. 13 WFAPONS DISPOSITION All seized or appropriated weapons that are in the possession of the Apache Junction Police Department shall be- a) Returned to the lawful owner, if he or she is not a pohibited possessor as defined ander A. R. S. § 13-3101 or otherwise has not been prohibited from possessing such weapon (s) pursuant to a plea agreement or court order b) Converted to use by members of the City of Apache Junction Police Department in performance of their duties, as determined by the Chief of Police. c) Transferred to other law enforcement agencies for official law enforcement purposes, as determined by the Chief of Police. ORDINANCE NO. 1285 PAGE 2 OF 4 d) Transferred or sold to appropriate museums or other preservation entities if such weapons have historical significance, as determined by an expert in antiquities and rare items employed by the State of Arizona or a private museum. e) Offered at auction to licensed weapon dealers, if the weapon is a firearm and it is valued at One Hundred Dollars ($100) or more, such valuation shall be confirmed by the "Blue Book of Gun Values" by S. P. Fjestad, or equivalent authority. However, the following firearms shall be destroyed in a manner the Chief of Police believes is commercially viable: i) Firearms that have been illegally modified or are specifically illegal to possess under Arizona or federal law. ii) Firearms used in the commission of a crime, including suicide. iii) Firearms whose serial numbers have been altered or defaced, except for handguns which were manufactured before 1938 and long rifles manufactured before 1968, in which case the Chief of Police shall dispose of through an auction after having examined and valued by an expert as identified in subsection (d) above Such value shall be the opening bid price at any auction C. Administrative procedures for the auction of firearms shall be followed in accordance with Arizona law. D All weapons not otherwise disposed of by the preceding methods shall be destroyed in a manner the Chief of Police believes is commercialiy viable. E. Any funds collected as a result of City-initiated weapon auctio.is shall be placed in the City of Apache Junction General Fund and be specifically allocated to the Police Department budget. ORDINANCE NO. 1235 PAGE 3 OF 4 SECIION 11 REPEALING ANY CONFLLCTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY In. If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted 'ierein by reference is for any reason held to be invalid or L.nconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION 1V PROVIDING FOR PENALTIES Ary violation of any of the provisions adopted herein shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Chapter 1, GENERAL, Article 1-8 PENALTY. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF n 1CHE 'UNCTION, ARIZONA, THIS _ m DAY OF FEBRUARY O SIGNED AND ATTESTED TO THIS 22ND DAY OF __FEBRUAR�L_ _ _ 2007 . DOUGLAS C LEMAN Mayor A2TE,SP 77/:- 7 ax_x.,&7„, V THLFEN CONNELLY City Clerk APPROVED AS IO FORM: RICHARD J . STERN City Attorney ORDiNANCE NO 1785 ( AGE 4 OF 4 ROLL CALL VOTE I < 4 1 k 1 4(1 ,I,/(1, NOTES: v, fi z \•-;6 ,,\,, ji,/kV\i‘ ,V. 10' ( 1.),),.) , f, t); , L i > G ql -Li (}/ i g` ►1 \ ITEM # ° s MEETING OF 4) MOTION BY: SECONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON V COUNCILMEMBER BARKER iii COUNCILMEMBER SERDY COUNCILMEMBER ECK Il COUNCILMEMBER COLEMAN J MAYOR INSALACO .� UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL \.„' i ITEM NO. 11 I MOVE THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING POSSIBLE AMENDMENTS TO ORDINANCE NO. 1285 RELATING TO WEAPONS DISPOSITION. Ifak ROLL CALL VOTE NOTES: (.??\ / \k‘xl\,A/ fs ITEM # , MEETING OF MOTION BY: SECONDED BY: t/\. YES NO ABSTAINED COUNCILMEMBER WILSON V COUNCILMEMBER SERDY 4/ COUNCILMEMBER COLEMAN VICE MAYOR DIETZ COUNCILMEMBER BARKER COUNCILMEMBER ECK MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 12 I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P.M AND A WORK SESSION AT 7 00 P M. BE HELD ON MONDAY, JANUARY 31, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND THE CITY COUNCIL CHAMBERS, RESPECTIVELY, AND THAT AN EXECUTIVE SESSION AT 5.45 P.M. BE HELD ON TUESDAY, FEBRUARY 1, 2011, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P.M. ROLL CALL WS: REG: y 0SPEC CITY COUNCIL: P / A P / A P / A MAYOR INSALACO VICE MAYOR DIETZ f COUNCILMEMBER BARKER 1 COUNCILMEMBER COLEMAN COUNCILMEMBER ECK COUNCILMEMBER SERDY COUNCILMEMBER WILSON (/ TOTAL e I CITY STAFF: City Manager George Hoffman ti Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald ` Monahan City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Public Works Director David Fern Development Svcs Director Brad Steinke Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development ,} Director Steve Filipowicz Assistant to the City Manager Matt Busby �%' OTHERS* ATM" t r ; Date:/- l r 1 1 City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yesr Non Only If Necessary n ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. ti Name (Print) 0" d () Address / City Zip Code Co e (-) r `g e 0 Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. �`>�� 8/18/09 0/:d4- Date: � CitN Apache A ache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yes❑ No Only If Necessary ❑ ❑ I am i fa or off ere roposed Item. ❑ I am opposed to the proposed Item. C// ' h5t Name (Print) 74:7 ro2 Address City Zip Code Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 Date: / /I // City of Apache Junction Item No. Request to Speak Form or Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to speak before Council on this item? Yesi No❑ Only If Necessary ❑ ❑ I am in favor of the proposed Item. ❑ I am opposed to the proposed Item. (7.4 itffy Name (Print) /0 47 iroo n %) ors7/ (-- Address City Zip Code Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 L'd,i1460-1 Date: g �\ City of Apache Junction Item No. Request to Speak Form ' 7 or ° Call to The Public (One Form Per Item) Please fill out completely and return to the City Clerk prior to the conclusion of the City Manager's Report portion of the agenda. Do you wish to s eak before Council on this item? Yes No❑ Only If Necessary❑ I am inAavior of the proposed Item. ❑ I am opposed to the proposed It gm. Name (Print) -� ' ''` ` 4-0 Address City Zip Code 6 `� -7 7 0 --23 l Telephone This information will be used by staff for follow-up, if necessary. Speakers are requested to directly address their agenda item and address their comments to the Mayor and City Council. Please limit Call to the Public comments to no more than three minutes and five minutes for Public Hearing items. 8/18/09 tJ (� Arizona Real Estate Investors Association Mayor Z,yNSeSp. - City/Town of a RE• Arizona Real Estate Investment Association(AZREIA)/Arizona Real Property Owners and Landlords Association(ARPOLA) Dear Mayor On behalf of Arizona Real Estate Investment Association(AZREIA)and American Real Property Owners and Landlords Association(ARPOLA)I would like to take this opportunity to introduce myself and the organization These two organizations are made up of Arizona real estate investors,entrepreneurs, managers and professionals The two organizations together represent over 3000 members The primary focus of the two organizations is to promote education and professionalism in real estate investing We hold membership meetmgs monthly in Phoenix,Tucson and Prescott which provide our members with educational and networking opportunities. AZREIA offers more than 40 educational classes a year AZREIA and ARPOLA are making an effort to get more involved in our local communities and work m partnership with our elected officials to develop ordinances and codes to enhance the community while at the same time balancing the needs of the real estate investor As of recently we have been involved in a number of ordinance and stakeholder meetings m various jurisdictions mcludmg • Neighborhood Preservation Codes • Rental Housing Ordinances • Water and Waste Water Rates • Sales Tax on Residential Rentals In the future as issues arise please allow our organization to be a resource to you and your staff. We very much want to be part of the community stakeholder process Please feel free to contact me,the organization or our lobbyist directly AZREIA/ARPOLA Capitol Consulting Alan Langston Courtney LeVinus 1841 N 24th Street 1420 E Missouri Ave Suite 10 Suite 101 Phoenix,AZ 85008 Phoenix,AZ 85014 480-990-7092 602-712-1121 alangstonna,azreia org Courtnevna,cartolconsultmgaz.com www.azreia org Sincerely, ?...)1 O L 7 70•--ZS t C° - I Ito 1 -7-7/ Z y7 AZ R.E LA.,Inc 1841 N 24d'Street Suite 10 Phoenix,AZ 85008 Office 480-990-7092 Fax 480-990-7017