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HomeMy WebLinkAbout2011 06.21 City Council Regular Agenda PLEASE FILL OUT A"REQUEST TO SPEAK"FORM IF YOU WISH TO ADDRESS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING ITEM. pQACHE G 4 �-A • CZ of Apache Junction U 2 Home ref the Superctition :'t!oun/ains 4 P120t* APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA June 21, 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 June 7,2011. 3 Approval of Minutes of Special Meeting of June 6,2011 4. Consideration of Employment Agreement for City Magistrate The City Magistrate has revised his employment agreement with the City in light of recent changes to the City's health insurance premiums and benefits 5. Consideration of Employment Agreement for City Manager The city manager respectfully requests the city council consider his existing employment agreement entered into on or about June 15, 2010. 6. Consideration of Employment Agreement for City Attorney The city attorney respectfully requests the city council consider his existing employment agreement entered into on or about September 7,2010 7. Consideration of Resolution No 11-26 authorizing the city to enter into an intergovernmental agreement with Arizona Department of Transportation for Highway Safety Improvement Program grant money Staff respectfully requests City Council's approval on entering into an intergovernmental agreement with the Arizona Department of Transportation for Highway Safety Improvement Program grant money This agreement would provide design services for Ironwood Drive between Broadway Avenue and Apache Trail 8. Consideration of Resolution No. 11-30 authorizing the submission of a grant application to the Gila River Indian Community for the acquisition of an electronic community marquee. Resolution No 11-30 authorizes the submission of a grant application to the Gila River Indian Community for the acquisition of an electronic community message marquee The Resolution is a mandated component of the grant application The grant request is for$50,000;the City would provide up to$10,000 as match 9 Consideration of Resolution No. 11-23 authorizing the submission of a grant application to the Gila River Indian Community for support of the City's Fit Families Program. Resolution No 11-23 authorizes the submission of a grant application to the Gila River Indian Community for support of the City's Fit Families Program The Resolution is a mandated component of the grant application The grant request is for$35,900,the City would provide up to$31,484 of in-kind services as match 10 Consideration of Resolution No. 11-33 authorizing the submission of a grant application by the City on behalf of Empowerment Systems to the Gila River Indian Community for support of the Health Insurance Outreach Program at the Empowerment Center. Resolution No 11-33 authorizes the submission of a grant application by the City on behalf of Empowerment Systems to the Gila River Indian Community for support of the Health Insurance Outreach Program at the Empowerment Center The Resolution is a mandated component of the grant application The grant request is for$50,000,Empowerment Systems would provide up to$136,756 of in-kind services as match 11 Consideration of Resolution No. 11-24 authorizing the submission of a grant application to the Gila River Indian Community for the acquisition of a major crimes evidence recovery squad. Resolution No 11-24 authorizes the submission of a grant application to the Gila River Indian Community for the acquisition of a major crimes evidence recovery squad The Resolution is a mandated component of the grant application The grant request is for$38,685,the City would provide up to$7,340 of cash and equipment as match 12 Consideration of Resolution No 11-31 authorizing the submission of a grant application by the City on behalf of East Valley Adult Resources to the Gila River Indian Community for support of the Transportation Program at the Apache Junction Active Adult Center. Resolution No 11-31 authorizes the submission of a grant application by the City on behalf of East Valley Adult Resources to the Gila River Indian Community for support of the Transportation Program at the Apache Junction Active Adult Center The Resolution is a mandated component of the grant application The grant request is for$45,000, East Valley Adult Resources would provide up to$43,261 as match. 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. None 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. t 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 13 MANAGER'S REPORT Presentation by and discussion with Republic Servcies, Inc Representatives from Republic Services, Inc.who recently acquired Allied Waste will introduce their new landfill manager and address council on several business items relating to recycling and the city's 4th of July celebration 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 14 APPLICATION FOR A LIQUOR LICENSE FOR FEED BAG RESTAURANT. A liquor license application has been submitted for Feed Bag Restaurant located at 300 S Phelps Drive 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 Arizona Department of Liquor Licenses and Control 15 APPLICATION FOR A LIQUOR LICENSE FOR LA CASITA OF AJ RESTAURANT A liquor license application has been submitted for La Casita of AJ located at 495 W Apache Trail. 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 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. .... None 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 None L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 16. EXECUTIVE SESSION AT 5.45 P M AND WORK SESSION AT 7 00 P.M FOR MONDAY,JULY 4 HAS BEEN CANCELED DUE TO THE INDEPENDENCE DAY HOLIDAY. 17 EXECUTIVE SESSION AT 5.45 P M AND WORK SESSION AT 7.00 P.M FOR TUESDAY, JULY 5, 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 JUNE 7, 2011 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 7, 2011, at the Apache Junction City Council Chambers pursuant to the notice '.4h. 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 Coleman led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson r. Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Parks & Recreation Director Jeff Bell Human Resources Director Liz Riley Planning Manager Fred Baker Economic Development Director Steve Filipowicz REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 1 OF 12 Others Present : Assistant Planner Todd Kennedy Revenue Resources Manager Roger Hacker Assistant to the City Manager Ruth Giese ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND p THAT ITEM NUMBER 12 BE DELETED; AND THAT APPROVAL BE GIVEN FOR A THREE-YEAR CONTRACT WITH TWO ONE- YEAR RENEWAL OPTIONS BETWEEN THE CITY OF APACHE JUNCTION AND MINNESOTA LIFE FOR TERM LIFE INSURANCE FOR CITY EMPLOYEES IN AN AMOUNT NOT TO EXCEED $24, 315. 00 BASED ON EMPLOYEE POPULATION; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY; AND THAT RESOLUTION NO. 11-19, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING CITY SPONSORSHIP OF RESOLUTIONS FOR ADOPTION BY THE LEAGUE OF ARIZONA CITIES AND TOWNS ("LEAGUE") FOR INCLUSION IN THE 2012 LEAGUE MUNICIPAL POLICY STATEMENT, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND COMMUNICATIONS City Clerk Kathleen Connelly gave the oath of office to newly- elected Mayor Insalaco, Councilmember Barker, Councilmember Serdy and Councilmember Wilson. Each was presented with a certificate of election. Following the oaths, City Clerk Kathleen Connelly announced with the completion of their oaths of office they have met the legal requirements of state law and the city code. They could now take their seats and proceed with their official duties . The mayor and councilmembers acknowledged family members and friends in the audience. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 2 OF 12 Ms . Debra Bradley, Chief Operating Officer of Habitat for Humanity, thanked the city for its partnership and support on the homes . She then presented a plaque to the mayor in appreciation for the support given by the city for their mission and the families involved. A representative of the 19th Annual Tractor and Engine Show, held March 12-13, 2011 at the rodeo park presented a check to the mayor in the amount of $2, 000 for the Parks and Recreation Scholarship Fund. ANNOUNCEMENT OF CURRENT EVENTS None. CITY MANAGER' S REPORT City Manager George Hoffman read a letter from Daniel Burns, president of the Apache Villa Homeowners Association for the outstanding service given by building and code compliance staff and another letter from former vice mayor Anne Marie Surra complimenting Jeff Bell, and announced a six-month pilot program changing the hours of city hall to four ten-hour days a week and being closed on Fridays . He shared examples of four different grant awards and community support, commented on the Silver Paws Club, animal control and the police department partnership with Northern Arizona University Criminology Department in providing for the location and workload for a criminology intern working on her master' s degree. ,,,%. PUBLIC HEARINGS APPLICATION FOR AN EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms . Liz Reynolds addressed the council . She commented they had a huge party with no incidences last time, other than one parking ticket. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 3 OF 12 .r t► 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 Coleman MOVED THAT THE APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR JAKES-O-MINE SALOON FOR JUNE 12, 2011, REQUESTED BY MONA E. REYNOLDS, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous. The motion carried. RESOLUTION NO. 10-39, DECLARING AS A PUBLIC RECORD AMENDMENTS TO THE LAND DEVELOPMENT CODE, ZONING ORDINANCE, ARTICLE 1-5 DEFINITION OF A HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME- BASED OCCUPATIONS/ORDINANCE NO. 1362, ADOPTING BY REFERENCE HOME- BASED OCCUPATIONS ZONING CODE AMENDMENTS Senior Planner Rudy .-. Esquivias briefed the council on the item. Councilmember Wilson commented he still has some concerns and questions with the current wording. He thinks they should table the ordinance and consider the proposed changes as part of the comprehensive zoning ordinance rewrite. Some of the things he has problems with are having studios listed there without saying what type of studio, and stating if a home business is going to use an outbuilding for conducting their business, they are being limited to 200 square feet . There is currently an artist in the city that has one larger than 200 square feet . She is well REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 4 OF 12 known in the community and has done a lot of artwork as well . When he had his original picture taken for the council, he went over to Mesa where she had a photography studio completely separate from her house that was much larger than 200 square feet. There are several things in here they need to iron out and discuss. He is not sure they want to do this tonight . He thinks it should be put into a rewrite. Senior Planner Rudy Esquivias stated one of the messages they heard at the last meeting was that perhaps larger lot properties could accommodate extra uses in terms of home occupation versus someone running a business out of an apartment . Those are the types of issues they would be looking at as part of a rewrite, not only of home-based occupations but other regulations as well . Councilmember Serdy commented he was concerned about the one limiting the number of employees. He does not feel that needs to be addressed at all . He does not see the harm in that and there are a lot of people that need income. They do not need to be losing anybody. If these types of businesses can help people stay afloat then he does not want to do anything to harm that. Councilmember Smithson commented he was intrigued on Table 6-1 Music, Art, Craft or Similar Home Occupation Lessons shall be allowed except in residential uses in other zones. He does not understand that. Senior Planner Rudy Esquivias �.. stated the item he is looking at was part of the planning and zoning commission recommended language. In subsequent discussions with council, that provision was taken out . Councilmember Smithson asked if the following one regarding home day care being allowed for both children and adults exceptions was still in it . Senior Planner Rudy Esquivias stated both of those have been taken out . REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 5 OF 12 Councilmember Smithson stated he has some agreement with the last two comments, especially with the large lot/small lot. Councilmember Barker stated she would like to see this rolled into a comprehensive zoning code rewrite. She thinks it would be more efficient to do that rather than trying to separate two pieces that are actually one. Mayor Insalaco opened the public hearing on the items. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. Councilmember Barker asked what the resolution does Senior Planner Rudy Esquivias stated it declares the proposed amendment language a public record. Councilmember Barker asked if the proposed amendment language has anything to do with the home-based business . Senior Planner Rudy Esquivias stated the amendments to the city code represent the recommended planning and zoning language of September 28 . The other attachment is basically the same thing except it reflects the council comments from January 2 . It says it was modified on January 4 at the top of the page . The one that says January 4 reflects the council comments from January but it does not reflect the more recent comments about the difference between large and small lots and the number of employees. City Attorney Joel Sterns stated to avoid publication costs in Arizona they can adopt a large text, as in this case it would cost a lot of money to publish it after it is approved, by reference and declare it a public record. They do that by a resolution and ordinance. Councilmember Barker commented the resolution does not impact the rewrite. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 6 OF 12 .�. Senior Planner Rudy Esquivias stated it does not . They would deny the resolution and bring it back as part of a comprehensive rewrite, and they would do the same with the ordinance. Councilmember Barker commented they need to deny the resolution and bring it back as a rewrite. Senior Planner Rudy Esquivias stated that is correct . Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Barker MOVED THAT RESOLUTION NO. 10-39, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II LAND DEVELOPMENT CODE, CHAPTER 1 ZONING ORDINANCE, ARTCILE 1-5 DEFINITION OF HOME-BASED OCCUPATION AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SECTION 1-6-21 HOME-BASED OCCUPATIONS PERMITTED, BE DENIED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. Am Ilk The motion carried. Councilmember Barker MOVED THAT ORDINANCE NO. 1362 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 7 OF 12 p City Clerk Kathleen Connelly read the ordinance by title only. Councilmember Barker MOVED THAT ORDINANCE NO. 1362, AS READ BY THE CITY CLERK, BE DENIED AND BE BROUGHT BACK FOR DISCUSSION WITH THE COMPREHENSIVE ZONING CODE REWRITE IN THE FUTURE. Councilmember Smithson SECONDED THE MOTION. VOTE: Unanimous . The motion carried DEVELOPMENT FEE APPEAL FROM MR. TROY MORGAN FOR DEVELOPMENT FEE WAIVER FOR CONSTRUCTION OF A CONVENTIONAL HOME AT 1061 E. SUPERSTITION BOULEVARD This item was deleted in the Consent Agenda. OLD BUSINESS None. NEW BUSINESS NOMINATION AND SELECTION OF VICE MAYOR City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for a nomination. Councilmember Coleman commented he believes that for the position of vice mayor we need someone who enjoys phone calls, both from people who are appreciative as well as those who may be angry. Because of that HE WOULD LIKE TO NOMINATE RICK DIETZ FOR VICE MAYOR. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 8 OF 12 r. Mayor Insalaco called for any more nominations . There being no other nominations, he called for a vote. VOTE: Unanimous. The motion carried. r\ DESIGNATION OF CITY COUNCIL CHECK SIGNATORIES City Clerk Kathleen Connelly briefed the council on the item. Vice Mayor Dietz and Councilmember Barker asked if she needed three people. City Clerk Kathleen Connelly stated she is already on there. The statute makes her ex officio treasurer. We need two more people. Vice Mayor Dietz stated the nomination would be for two more people . City Clerk Kathleen Connelly stated that is correct . Councilmember Barker MOVED THAT THE FOLLOWING COUNCIL REPRESENTATIVES BE DESIGNATED AS CHECK SIGNERS IN ADDITION TO THE CITY CLERK: MAYOR INSALACO AND COUNCILMEMBER/VICE MAYOR DIETZ . Councilmember Coleman SECONDED THE MOTION. VOTE: Unanimous . The motion carried. COUNCIL DIRECTION TO STAFF None. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 9 OF 12 SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, JUNE 20, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS, RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. BE HELD ON TUESDAY, JUNE 21, 2011, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms . Chelle Bullard, 1478 E. Partridge Drive, Gilbert, addressed the council to advise that due to unforeseen obstacles the next Gilbert Days Rodeo will not be held in Apache Junction. Mr. Todd House, 5027 E. Hidalgo, Apache Junction, addressed the council to congratulate those recently re-elected, and commented on Paws 4 Life, the event they had last Saturday, another group that will supply food and money for animals called Whiskers, Wags and Whinnies, and the new Pinal County redistricting. Mr. Terry Secor, 1285 N. Main Drive, Apache Junction, addressed the council regarding the 2009 changes in the zoning laws and a new towing company on the rotation list that does not have an office in the city. Mr. Tom Aulik, 2292 N. Ironwood Drive #11, Apache Junction, addressed the council regarding the remaining sidewalks that are needed on Ironwood. There are a few parks that do not want the sidewalks put in and they should be able to get a grant for the cost of the sidewalks. Councilmember Barker commented she was concerned about the lack of office for the towing company. She thought they had already been through this . She shares Mr. Secor' s concern of the lack REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 10 OF 12 of a physical location where somebody can actually find a person to tell them where their car is . It concerns her a great deal . As to the sidewalk, the money is a moot point. It is private property and the city cannot walk up and tell an individual they have to do this . It is their property; they own it . They could suggest and hope that eventually this person or group of folks agree with that assessment and agree that they would like to get that sidewalk in. Right now she feels that the city' s hands are somewhat tied. Councilmember Serdy commented it is terrible news about the Gilbert Rodeo. The Focal Point Tourism Group was looking forward to doing a lot of stuff concurrently during that week. The VFW was going to reach out, also. In the same night we have positive news from Paws 4 Life and there are different things going on. He knows he brought it back last year for re- televising Call to the Public. Tonight, with some more information, the way that Chelle from Gilbert explained, he would have liked to have our citizens hear that . They might want to reconsider televising it. If the word gets out there and they have more interest, although he knows there are a lot of negatives, he feels this information should have been broadcast . ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 00 p.m. Consent Agenda Items are as follows: ..► 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of May 3, 2011. 3. Consideration of Approval for a three-year contract with two one-year renewal options to Minnesota Life for term life insurance for the City of Apache Junction employees in an amount not to exceed $24, 315 . 00 . 4 . Consideration of proposed Resolution No. 11-19, authorizing the Mayor to direct the City Manager to co-sponsor additional resolutions on issues of importance to the City of Apache Junction. REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 11 OF 12 ACCEPTED THIS 21ST DAY OF JUNE, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF JUNE, 2011 . JOHN S. INSALACO Mayor ATTEST: 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 7th day of June, 2011 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 10th day of June, 2011 . c.‘1,-ZrZ--6/2(7..7c--(4 KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 7, 2011 PAGE 12 OF 12 CITY COUNCIL SPECIAL MEETING JUNE 6, 2011 The special meeting of the City Council of the City of Apache Junction, Arizona, was held on June 6, 2011, at the Apache Junction City Council Chambers pursuant to the notice .•ik, required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 04 p.m. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Coleman Councilmember Serdy Councilmember Smithson Councilmember Wilson Staff Present : City Manager George Hoffman City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Economic Dev. Director Steve Filipowicz Others Present : Revenue Resources Manager Roger Hacker Rec. Superintendent Liz Langenbach Senior Planner Rudy Esquivias Business Advocate Janine Solley DISCUSSION ON RESOLUTION NO. 11-32; DECLARING AND ADOPTING THE RESULTS SPECIAL MEETING OF THE CITY COUNCIL JUNE 6, 2011 PAGE 1 OF 3 p 0. OF THE MAY 17, 2011 GENERAL ELECTION City Clerk Kathleen Connelly briefed the council on the item. CONSIDERATION OF RESOLUTION NO. 11- 32; DECLARING AND ADOPTING THE RESULTS OF THE MAY 17, 2011 GENERAL .p ELECTION ). Mayor Insalaco called for a motion. Councilmember Barker MOVED RESOLUTION NO. 11-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL AND MARICOPA COUNTIES, ARIZONA, DECLARING AND ADOPTING THE RESULTS OF THE GENERAL ELECTION HELD ON MAY 17, 2011, BE APPROVED. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 : 09 p.m. ACCEPTED THIS 21ST DAY OF JUNE, 2011, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. p SIGNED AND ATTESTED TO THIS 21ST DAY OF JUNE, 2011 . JOHN S . INSALACO Mayor SPECIAL MEETING OF THE CITY COUNCIL JUNE 6, 2011 PAGE 2 OF 3 �. - ATTEST: 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 special meeting of the City Council of the City of Apache Junction, Arizona, held on the 6th day of June, 2011 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 7th day of June, 2011 . / 7 KATHLEEN CONNELLY V City Clerk SPECIAL MEETING OF THE CITY COUNCIL JUNE 6, 2011 PAGE 3 OF 3 •4 �pACHF�G� o Lily of Apache Junction 2 Home o/ the S ut'et:s/immon Al of mlain.s 4P1ZGIN Print TO. City Manager's Office FROM: R. Joel Stern, City Attorney DATE: June 21, 2011 Agenda Type : Regular Agenda Council Priority Focus Area Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: Consideration of Employment Agreement for City Magistrate. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: The City Magistrate has revised his employment agreement with the City in light of recent changes to the City's health insurance premiums and benefits FISCAL IMPACT: Budgeted Expenditure p OPTIONS/ALTERNATIVES: RECOMMENDATION: Approval ATTACHMENTS: Click to download v Magistrate Employment Agreement EMPLOYMENT AGREEMENT WITH PRESIDING MAGISTRATE THIS AGREEMENT is made and entered into this day of June, 2011 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation (hereinafter "City") and JAMES W. HAZEL, JR., Presiding City Magistrate (hereinafter "Contract Employee"), sometimes collectively referred to as the "Parties", each of whom understand as follows: RECITALS A. On December 15, 2008, Contract Employee and City entered the initial employment agreement for Presiding Magistrate services and City and Contract Employee have subsequently extended the initial term to June 30, 2014. B. City desires to continue the employment relationship with Contract Employee and Contract Employee desires to continue providing Presiding Magistrate services to City. C. It is the continuing desire of the City Council to: (1) maintain the services of Contract Employee and to provide inducement for Contract Employee to remain in such employment; (2) to make possible full work productivity by assuring Contract Employee's morale and peace of mind with respect to future security; (3) to guard against malfeasance or dishonesty for personal gain on the part of the Contract Employee; and (4) to provide a just means for terminating Contract Employee's services at such time as Contract Employee may be unable fully to discharge Contract Employee's duties or when City may desire otherwise to terminate Contract Employee's employ. D. Contract Employee desires to amend his employment agreement with regard to health insurance coverage and vacation leave accrual. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION 1. DUTIES Council hereby agrees to employ Contract Employee as the Presiding Magistrate of the City to perform the functions and duties specified in the Apache Junction City Code, Volume I, Section 5-1-4 and as required by law of the State of Arizona, including state statutes and/or rules and administrative orders of the Arizona Supreme Court. SECTION 2. TERM A. The Term of this agreement and appointment of Contract Employee as Presiding Magistrate shall be from June 21, 2011 through June 30, 2014. Contract Employee shall continue to have formal authority to act as Presiding City Magistrate under the terms of this Agreement and the terms of this Agreement shall continue to apply until such time as the City Council acts on renewal. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Council to terminate the services of Contract Employee as provided by State law. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Contract Employee to resign at any time from employment of City, subject only to the provisions set forth in Section 3 of this Agreement. D. Contract Employee agrees to remain in the exclusive employ of the City during the contract period and neither accept nor become employed by any other employer until Contract termination, except that Contract Employee may engage in part-time teaching at a college or university level. SECTION 3. TERMINATION A. In the event Contract Employee voluntarily resigns his position before expiration of the aforesaid term of employment, Contract Employee shall give City a thirty (30) calendar day advance notice, or such advance notice as may otherwise be mutually agreed upon. B. In the event Contract Employee is terminated by council action or should the City Council choose not to renew Contract Employee's contract upon said contract's expiration, City will pay as partial contractual compensation severance pay to Contract Employee in an amount equal to three (3) months of salary. C. Contract Employee shall not receive any severance award if Contract Employee: 1. voluntarily resigns from his position or requests that he not be considered for reappointment, or 2. is removed by City Council action for specific allegations of malfeasance or misfeasance. Such allegations may include, but are not limited to: 2 (a) willful and wanton misconduct in office; (b) performance of an illegal act. 3. is terminated by City Council action before the expiration of the contract term for only the following reasons: (a) willful and wanton misconduct in office; (b) performance of an illegal act; (c) death or incapacitation. SECTION 4. SALARY AND ANNUAL PERFORMANCE EVALUATION City agrees to pay Contract Employee for his services rendered pursuant hereto at an annual base salary of One Hundred Thousand Dollars and Zero Cents ($100,000.00) and any cost of living increases or base wage adjustments received by other career employees shall also be applicable to such salary. Payment of said salary shall be made at the same time and manner as other employees of the City are paid. City agrees to pay as additional compensation the severance pay provided for by Section 3 of this Agreement subject to the conditions contained in said Section. The parties both agree that they will not seek a change of salary during the term of this Agreement. Contract Employee shall be evaluated annually, to be completed no later than June 1 of each year this Agreement is in effect. The evaluations shall be conducted in accordance with the performance standards as determined by the City Council for said purposes, considering among other items standard for trial judges as established by the Commission on Judicial Performance Review of the Arizona Supreme Court. Nothing in this provision is to be construed as creating either a promise or expectation of reappointment or contract renewal, and it is understood by Contract Employee that any reappointment or renewal would be a matter left to the unconditional discretion of the City Council of the City of Apache Junction. SECTION 5. HOURS OF WORK; VACATION; SICK LEAVE; PERSONAL DAYS A. Hours Monday - Friday. Contract Employee shall not work less than an average of forty (40) hours per week except when a court holiday occurs or when on leave approved by the Mayor. In the event Contract Employee is required to work more than forty (40) hours in a week, Contract Employee shall not be compensated for any additional time. 3 B. Weekend Hours. Contract Employee will provide magistrate services every other weekend and may utilize pro-tern magistrates on alternative weekends to provide for magistrate services. Contract Employee shall establish the schedule for weekend coverage within thirty (30) calendar days of the start of this agreement. C. Holidays. Contract Employee shall be entitled to such City holidays or State holidays as required by law. If need dictates that Contract Employee work a City holiday, Contract Employee is entitled to exchange a normal workday for the purpose of having a day off. D. Vacation. Contract Employee shall on an annual basis accrue twenty-five (25) days or Two Hundred (200) hours of vacation leave. Annual vacation leave accrual balance shall be credited on December 15 each year this Agreement is in effect. Contract Employee shall be allowed to accrue vacation leave without limitation. E. Sick Leave. Contract Employee shall on an annual basis accrue Ninety- Six (96) hours (12 days) of sick leave. F. Personal Days. For each calendar year of this Agreement, Contract Employee may use Sixty Four (64) hours for personal business, none of which shall accrue nor shall be reported to City's Human Resources Division or Finance Department as "time-off'. G. Hours of Work. It is recognized that Contract Employee must devote a large amount of time outside traditional business hours to the business of the City. Contract Employee shall be permitted to adjust his work schedule as he deems appropriate, so long as he is available and the judicial administration of the City is not harmed. SECTION 6. PROFESSIONAL DEVELOPMENT A. City hereby agrees to budget and to pay the travel and subsistence expenses of Contract Employee for professional and official travel, meetings and occasions adequate to continue the State Supreme Court required or recommended professional development of Contract Employee. B. City also agrees to budget and to pay for travel and subsistence expenses of Contract Employee for short courses, institutes and seminars which are necessary for professional development and for the good of City, subject to the Mayor's determination as to what is necessary. 4 C. City agrees to pay professional dues and association dues, which are necessary for participation in national, regional, state and local professional associations, or are reasonably related for the maintenance of professional credentials, or for reasonable professional development, subject to the Mayor's determination as to what is necessary. SECTION 7. OTHER TERMS AND CONDITIONS A. The City Council shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Contract Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, Arizona Revised Statutes, or any other statute, ordinance or regulation. B. City shall pay on behalf of Contract Employee all family premiums for dependent health/dental/vision insurance annualized per pay period on a fiscal year basis, and such benefits shall be covered at the most beneficial tier option that the City's insurance providers make available for employees. C. Unless otherwise negotiated within this Agreement, all action taken by Council relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Contract Employee. The term "fringe benefits" include vacation, sick leave, holidays, retirement, life and long-term disability insurance, except however, in the case of life and long-term disability insurance, City shall pay such premiums at no cost to Contract Employee. The Contract Employee shall be covered by the City's insurance for errors and omissions. SECTION 8. GENERAL PROVISIONS A. The text herein shall constitute the entire Agreement between the parties. B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Contract Employee. C. If any provisions or any portion hereof contained in this Agreement is held to be unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect. 5 SECTION 9. NOTICES Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, or through overnight carrier service, addressed as follows or as such address may be changed from time to time upon notice to the other: City: Mayor John Insalaco City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85219 Contract Employee: James W. Hazel, Jr. P.O. Box 9060 Apache Junction, Arizona 85178 SECTION 10. ASSIGNMENT This Agreement is not assignable by either City or Contract Employee. IN WITNESS WHEREOF, City and Contract Employee have caused this Agreement to be executed the day and year first above written. CONTRACT EMPLOYEE By: Date James W. Hazel, Jr. CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Date John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk APPROVED AS TO FORM: Richard J. Stern, City Attorney 6 p O4 1,gACHf✓U . . ��o C'i ► o /pache Ju ctionn U 2 House of the .S uperitition Mountain. Print Adi ink TO: City Manager's Office FROM: George Hoffman, City Manager DATE: June 21, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM Consideration of Employment Agreement for City Manager ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: The city manager respectfully requests the city council consider his existing employment agreement entered into on or about June 15, 2010. FISCAL IMPACT Budgeted Expenditure p OPTIONS/ALTERNATIVES: RECOMMENDATION: Approved ATTACHMENTS: Click to download U City Manager Employment Agreement EMPLOYMENT AGREEMENT WITH CITY MANAGER THIS AGREEMENT is made and entered into this day of June, 2011 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City" or "City Council" or "Council"), and GEORGE R. HOFFMAN, ("Employee" or "City Manager"), both of whom understand as follows: RECITALS A. Arizona Revised Statutes Annotated ("A.R.S.") § 9-303(A) allows the City to create the Office of City Manager. B. A.R.S. § 9-303(B) allows the City to specify the powers and duties relating to the affairs of the City Manager. C. A.R.S. § 9-303(C) mandates that the person appointed to the Office of City Manager serve at the pleasure of the City Council and such person may be removed without cause by a majority vote of the City Council. D. The City has established an Office of the City Manager pursuant to Apache Junction City Code ("A.J.C.C.") Article 3-1. E. The City and the Employee entered into an Employment Agreement on August 19, 2003. F. It is the intention of the parties to modify the terms and conditions by which the City shall receive and retain the services of Employee and to provide for him to remain in such employment; to make possible full work productivity by assuring his morale and peace of mind with respect to future security; to deter against malfeasance or dishonesty for personal gain on his part; and to provide for terminating his services at such time as he may be unable to fully discharge his duties or when City Council may otherwise desire separation from service. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES Council hereby agrees to employ Employee as City Manager to assume the powers of and perform the functions and duties specified in A.J.C.C., Vol. I, Article 3-1, and such other applicable ordinances and resolutions now in effect or hereafter adopted by Council. SECTION 2. AT-WILL EMPLOYMENT STATUS A. Employee shall fulfill the powers, functions and duties of City Manager and shall serve at will in this capacity until such time as this Agreement is terminated by operation of law or otherwise. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City Council to terminate the services of Employee at any time. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position as City Manager. D. Employee agrees to remain in the exclusive employ of City until notice of termination of this Agreement has been tendered; provided, however, Employee may engage in such additional activities such as teaching, writing, speaking or consulting, on Employee's vacation time off if Employee is compensated for such activities, as long as a conflict of interest is not created by engaging in such activities. SECTION 3. SEPARATION FROM SERVICE A. In the event the City Council desires Employee to no longer serve the City, an affirmative vote of four (4) or more members of the Council at any regular meeting or special meeting is required. Separation of service may be accomplished through A.J.C.C., Vol. I, Article 3-1 or by negotiated resignation. Notwithstanding the restrictions set forth below in § 3(C), a lump sum cash payment shall be paid to Employee consisting of six (6) months of: (i) Employee's then current aggregate salary, (ii) the City's annual 401(a) Retirement Plan contributions, (iii) and the City's annual 457 Deferred Compensation Plan contributions, and an amount equal to six (6) months health insurance Employee shall also be paid all accrued vacation, sick, and all unused personal leave. Employee and City shall give each other sixty (60) days written notice of termination should they desire to terminate this agreement. During this time period, Employee shall continue to be paid his salary, together with all benefits negotiated herein. B. As a condition precedent to receiving any severance payment, Employee shall execute a severance agreement acceptable to both parties, which shall include Employee's (i) full release of the City, City Council members, and all of its agents and employees from any and all claims, including but not limited to demands, damages, causes of action or liability arising out of Employee's employment or termination of 2 employment with City, and any age discrimination actions, and (ii) agreement not to initiate or cause to be initiated under any lawsuit, claim, grievance, proceeding or investigation of any kind, under any contract, law or regulation, pertaining to his employment with the City. C. Upon other separation from service, including but not limited to retirement (but not including an involuntary termination due to any felony conviction), Employee shall receive all accrued vacation, sick, and — administrative leave balances at 100% value at Employee's then-current hourly rate. SECTION 4. SALARY AND ANNUAL PERFORMANCE EVALUATION City agrees to pay Employee One Hundred Sixteen Thousand, Seven Hundred Sixteen Dollars and Ninety Seven Cents ($116,716.97) per annum for services, payable in installments at the same time as other employees are paid. Any Cost of Living, Base Wage adjustment, or service award provided to classified employees shall be equally awarded to Employee, and any salary reduction or furlough imposed by the City on classified employees shall equally affect Employee. Salary increases may, at Employee's discretion, be deposited into his 401(a) ICMA Executive Retirement Plan referenced below if permitted under IRS rules and regulations. Following an evaluation by the City Council, Employee and City may negotiate additional compensation and benefits as they deem fit. The City Council may also provide periodic performance bonuses in its discretion. The annual performance evaluation shall be in accordance with specific criteria and goals jointly developed by Employee and the City Council. The goals shall be assigned relative priority by the City Council and Employee, and shall be reduced to writing. Such goals may be modified from time to time by the City Council in consultation with Employee. SECTION 5. OTHER SUPPLEMENTAL BENEFITS A. Vacation Leave. Employee shall on an annual basis accrue Twenty-Four (24) days or One Hundred Ninety-Two (192) hours of vacation. On July 5, 2012 and July 4, 2013, the City shall convert three hundred and nine (309) hours of Employee's accrued vacation leave into a lump sum cash payment and provide such payment to Employee at Employee's then current hourly rate. B. Sick Leave. Employee shall on an annual basis accrue Twelve (12) days or Ninety-Six (96) hours of sick leave. Upon separation from service Employee shall receive all of his accrued sick leave balance at one hundred percent(100%) value at Employee's then-current hourly rate. 3 C. Personal Days. This Agreement modifies the August 7th, 2007 Employment Agreement in the City Manager's attempt to reduce cash expenditures for the City. In addition to the ten (10) personal days provided for in that Agreement, Employee may also utilize personal days in an amount not to exceed the value for 2007 car and gas allowance, and if unutilized, the executive physical examination. Employee shall report the utilization of personal days to the City Council. Any remaining personal days shall be converted to vacation leave on the last full pay period of each fiscal year. D. Notification. Employee shall notify Mayor of any planned or unplanned absences from the office. E. Professional Dues. Seminar Costs, and Subscriptions. Because Employer encourages Employee to attain positions of leadership in national, state regional and local associations and organizations relevant to his profession, City will pay for all seminars, educational programs and materials, and professional dues, including but not limited to all national, state, regional, and local association affiliation membership costs, subscriptions, travel and subsistence expenses, which relate to municipal issues, and those which otherwise would assist the City Manager in the performance of his duties. F. Deferred Compensation (457 Plan). Employee may contribute the maximum amount allowable under I.R.S. rules and regulations during each calendar year this agreement is in effect to City's Deferred Compensation 457 Plan. City shall contribute on behalf of Employee an amount equal to the then current maximum allowable 457 Plan amount into the 401(A) Profit Sharing Plan identified below. This City-paid contribution shall be in addition to any 401(A) Profit Sharing Plan contribution the City has agreed to pay to Employee as otherwise set forth in this agreement. G. ICMA 401(A) Profit Sharing Plan. Beginning July 1st of each fiscal year this agreement is in effect, City shall contribute on behalf of Employee sixteen percent (16%) of Employee's gross salary into the ICMA 401(A) Profit Sharing Plan. Employee shall be vested in all contributions at the time the City deposits its first contribution into the Plan on behalf of the Employee. Nothing in this paragraph restricts additional Employee contributions into the ICMA 401(A) Profit Sharing Plan. H. Bond. The City shall pay the bond requirement set forth in A.J.C.C. Article 3-1, § 3-1-5, in its entirety. 4 I. Other Benefits. All action taken by City Council relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Employee. The term "fringe benefits" include but are not limited to vacation, sick leave, holidays, retirement, health, dental, vision, long-term disability and life insurance. City shall pay for the costs of an annual executive physical examination (and any related testing) to the extent not covered under the above-referenced health plan, including any deductibles or co-pays. City shall pay 100% of the premium for Employee's dependents in the health and dental plans referenced above. Employee may, at his discretion, decide to decline the health, dental, vision, and life insurance coverages which are provided by City. In such case, and with an amount of time required by insurance providers, Employee may request, and City shall effectuate, conversion of such value and deposit such amount into Employee's 401(A) Plan identified in subsection G above. The benefits provided to Employee under this Agreement shall not be reduced or eliminated unless the City Council reduces such benefits for all regular classified employees of the City. J. Residency. Employee agrees to maintain residence within the corporate boundaries of the City of Apache Junction, Arizona. K. Hours of Work. It is recognized that Employee must devote a large amount of time outside traditional business hours to the business of the City. Employee shall be permitted to adjust his work schedule as he deems appropriate, so long as he is available and the management of the City is not harmed. SECTION 6. INDEMNIFICATION City shall defend, save harmless and indemnify Employee against any _. tort, professional liability claim or demand or any other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the course and scope of performance of Employee's functions and duties. City will compromise and settle any such claim or suit and pay the amount of all settlements or judgments rendered against Employee. SECTION 7. OTHER TERMS AND CONDITIONS The City, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, or any other statute, ordinance or regulation. SECTION 8. NOTICES 5 Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, or through overnight carrier service, addressed as follows or as such address may be changed from time to time upon notice to the other: City: Mayor John Insalaco City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85219 Employee: George R. Hoffman P.O. Box 1562 Apache Junction, AZ 85217 SECTION 9. ATTORNEY FEES In the event it becomes necessary for either party to bring legal action to enforce any provision of this Agreement, the parties agree that the prevailing party shall be entitled to attorney fees. SECTION 10. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. No other promises, representations, warranties, or covenants have been relied on by either party in executing this Agreement. SECTION 11. ASSIGNMENT This Agreement is not assignable by either City or Employee. SECTION 12. EXECUTOR/HEIRS INTERESTS This agreement shall be binding upon and inure to the benefit of the heirs at law and executors of the Employee. SECTION 13. SEVERABILITY If any section, paragraph, clause or provision of this agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this agreement. 6 IN WITNESS WHEREOF, City and Employee have caused this Agreement to be executed the day and year first above written. EMPLOYEE Date George R. Hoffman CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Date John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk APPROVAL AS TO FORM: R. Joel Stern, City Attorney 7 p .... tk ACHE ao _1 . a �}�o a, A ache junction 1 low o1 the ,S uper:stttion Mountains li Print Amok TO: City Manager's Office FROM: R Joel Stern, City Attorney DATE: June 21, 2011 Agenda Type Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM. Consideration of Employment Agreement for City Attorney. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: The city attorney respectfully requests the city council consider his existing employment agreement entered into on or about September 7, 2010 FISCAL IMPACT Budgetary Approval Not Required OPTIONS/ALTERNATIVES. RECOMMENDATION: Approval. ATTACHMENTS: Click to download U CA Employment Agreement EMPLOYMENT AGREEMENT WITH CITY ATTORNEY THIS AGREEMENT is made and entered into this/Z day of September, 2010 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and RICHARD JOEL STERN ("Employee") both of whom understand the following: RECITALS WHEREAS, the Employee was appointed as City Attorney in August 1997; and WHEREAS, the Employee serves at the pleasure of the City Council of the City of Apache Junction, Arizona ("Council"); and WHEREAS, Employee desires to continue to serve as the City Attorney; and WHEREAS, it is the desire of the parties to amend the terms and conditions by which the City shall receive and retain the services of Employee and to provide for him to remain in such employment; to make possible full work productivity by assuring his peace of mind with respect to future security; and to provide for terminating his services at such time as he may be unable to fully discharge his duties and when Council may otherwise desire to terminate his employ. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: -- SECTION 1. DUTIES Council hereby agrees to employ Employee as City Attorney to assume the powers of and perform the functions and duties specified in the City Attorney job description on file with the Human Resources Division. SECTION 2. AT-WILL STATUS A. Employee shall fulfill the powers, functions and duties of City Attorney and shall serve at will in this capacity subject to the Termination provisions pursuant to Section 3, below. 1 B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of City Council to terminate the services of Employee at any time subject only to the provisions set forth in Section 3 below. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position as City Attorney, subject only to the provisions set forth in Section 3 below. D. Employee agrees to remain in the exclusive employ of City and further agrees neither to accept other employment nor to become employed by any other employer without Council approval, or until this Agreement is terminated. SECTION 3. TERMINATION / RESIGNATION A. In the event the City Council desires to terminate this Agreement with Employee, an affirmative vote of five (5) or more members of the Council at any regular meeting or special meeting is required. A lump sum payment equal to six (6) months of Employee's then current aggregate salary, the value of City paid dental and life insurance premiums for six (6) months, and also six (6) months' equivalent of City's 401A Profit Sharing contribution will be paid to Employee, in addition to all accrued vacation and sick leave at 100% value, plus the actual cost of full COBRA health benefits for the period of six (6) months. These amounts are deemed as fully earned at the time any termination decision is made official. Employee shall sign a Waiver and Release of all claims and causes of action against the City in order to process this pay out provision. B. In the event Employee resigns on his own volition, Employee shall be paid all of his accrued salary, vacation and sick leave, all at 100%value, but will not be paid any other payments as referenced in subsection (A). However, if he resigns, he shall give Council ninety (90) calendar days' written notice of such resignation. Council may choose to accept and effectuate his resignation before the end of the ninety (90) calendar day period, in which case it shall pay Employee a lump sum cash payment equal to his unpaid accrued salary, vacation and sick leave, all at 100% value,through and to Employee's initially announced last day. C. In the event Employee is terminated because of a conviction relating to any felony or loss of license to practice law in the State of Arizona, Council shall have no obligation to make any extra payment referenced in subsection (A) except for all of Employee's accrued salary, vacation and sick leave at 100% value. Council reserves the right to suspend any payment referenced in subsection (A) while felony charges are pending, or during any proceedings which involve a felony conviction or which 2 would result in the loss of the license to practice law in the State of Arizona. SECTION 4. SALARY A. City agrees to pay Employee One Hundred Twelve Thousand Seven Hundred Sixty Seven Dollars and Forty One Cents ($112,767.41) per annum for services, payable in installments at the same time as other employees of the City are paid. Employee and City may negotiate additional compensation and benefit terms as they deem fit at any time this Agreement is in effect, however, the Council shall conduct an evaluation of Employee starting in April of each year this Agreement is in effect. B. City shall also pay Employee any Cost of Living, Base Wage Adjustment or any other general increase which is passed and adopted by the City Council applicable to all City employees at any time when this Agreement is in effect. SECTION 5. AUTOMOBILE City will provide Employee with a late model automobile for all City- related business on a twenty-four (24) hour basis. The automobile may be used to drive to and from work, but not for personal use other than transportation to and from work. Due to the confidential nature of Employee's position, the Mayor and City Council hereby exempt this vehicle pursuant to A.R.S. § 38- 538.03(B) from the marking requirements of A.R.S. § 38-538(B). The City will also provide, at no cost to Employee, insurance, registration, repairs and maintenance, and gasoline. SECTION 6. OTHER SUPPLEMENTAL BENEFITS A. Vacation Leave. Employee shall on a Fiscal Year basis, accrue thirty (30) days of vacation. On September 1st each year this Agreement is in effect, City shall pay Employee the equivalent cash value of Employee's then current hourly rate of any accrued vacation in excess of One Hundred (100) hours. B. Sick Leave. Employee shall on an annual basis accrue twelve (12) days of sick leave. In addition, on September 1st each year this Agreement is in effect, City shall convert two hundred fifty (250) hours of Employee's accrued sick leave into a lump sum cash payment and provide such payment to Employee at Employee's then current hourly rate. 3 C. Notification. Employee shall notify Mayor and Council of any planned or unplanned absences from the office which exceed five (5) consecutive work days. D. Other Benefits. All action taken by Council relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Employee. The term "fringe benefits" include but are not limited to vacation, sick leave, holidays, retirement, health, dental, vision, long-term disability and life insurance. City shall also pay Employee's annual state and federal active bar memberships. E. Professional Dues and Seminar Costs. Within the departmental budget, City will pay for all seminars and educational programs which relate to municipal issues and those which assist the City Attorney in the performance of his duties. F. Deferred Compensation. Employee may contribute to City's approved Deferred Compensation 457 Plan the maximum amount allowable under I.R.S. rules and regulations during each calendar year this Agreement is in effect. Per each Fiscal Year this Agreement is in effect, City shall contribute on behalf of Employee an amount equal to the then current maximum allowable 457 Plan amount (under I.R.S. rules and regulations) into the City's approved 401(A) Profit Sharing Plan identified below. This City-paid contribution shall be in addition to any 401(A) Profit Sharing Plan contribution the City has agreed to pay to Employee as otherwise set forth in subsection (G) below. G. ICMA 401(A) Profit Sharing Plan. During each Fiscal Year this Agreement is in effect, City shall contribute on behalf of Employee Thirteen Thousand Dollars ($13,000.00) into the ICMA 401(A) Profit Sharing Plan. Employee shall be vested in all contributions at the time the City deposits its first contribution into the Plan on behalf of the Employee. Nothing in this paragraph restricts additional Employee contributions into the ICMA 401(A) Profit Sharing Plan. H. Life Insurance Supplement. In addition to standard City-provided life insurance, City shall on August 15th of every year this Agreement is in effect reimburse Employee a supplemental life insurance annual premium not to exceed Three Thousand Dollars ($3,000.00). SECTION 7. INDEMNIFICATION City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or any other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the course and scope of performance of Employee's functions and duties. City 4 will compromise and settle any such claim or suit and pay the amount of all settlements or judgments rendered against Employee andlor City. SECTION 8. OTHER TERMS AND CONDITIONS Council, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, or any other statute, ordinance or regulation. SECTION 9. NOTICES Notices pursuant to this Agreement shall be in writing and be given by: 1) personal delivery by the party or their agent; or 2) deposit in the custody of the United States Postal Service, postage prepaid, return receipt requested, or private sector overnight or one-day service and addressed as follows or as such address may be changed from time to time upon notice to the other: City: Mayor John Insalaco City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 Employee: Richard Joel Stern 2625 North Nodak Road Apache Junction, AZ 85119 SECTION 10. ATTORNEY FEES In the event it becomes necessary for either party to bring legal action to enforce any provision of this Agreement, the parties agree that the prevailing party shall be entitled to attorney fees. SECTION 11. ENTIRE AGREEMENT This Agreement contains the entire agreement between the parties. No other promises, representations, warranties, or covenants have been relied on by either party in executing this Agreement. SECTION 12. ASSIGNMENT This Agreement is not assignable by either City or Employee. 5 SECTION 13. SEVERABILITY If any section, paragraph, clause or provision of this agreement shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this agreement. IN WITNESS WHEREOF, City and Employee have caused this Agreement to be executed the day and year first above written. EMPLOYEE (3) ' 2 . 20to By: cd5.. Date Richard J. Stern CITY OF APACHE JUNCTION, an Arizona municipal corporation - .�7 /� to J S. Insalaco, Mayor ATT ST: Kathleen Connelly, City CI 6 • IjACH ✓Gy • City o/Apache Junction Home of the Superstition A 1 orifaturn.► Print ... TO. City Manager's Office FROM• Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works Director. DATE: June 21, 2011 Agenda Type Regular Agenda Council Priority Focus Area: Community Infrastructure TITLE OF AGENDA ITEM: Consideration of Resolution No 11-26 authorizing the city to enter into an intergovernmental agreement with Arizona Department of Transportation for Highway Safety Improvement Program grant money ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION Staff respectfully requests City Council's approval on entering into an intergovernmental agreement with the Arizona Department of Transportation for Highway Safety Improvement Program grant money This agreement would provide design services for Ironwood Drive between Broadway Avenue and Apache Trail. FISCAL IMPACT: OPTIONS/ALTERNATIVES. RECOMMENDATION: Approval ATTACHMENTS: Click to download D Memo to Council D Resolution No. 11-26 p4 'PCH�� .i 4 Public Works Department ary it2/44444 J Home of the Superstition Mountains WA' MEMORANDUM Date June 8, 2011 To Mayor and Members of City Council Through George Hoffman, City Manager From Emile Schmid, Senior Project Engineer, on behalf of Giao Pham, Interim Public Works Director Subject. Utilization of Unobligated Surface Transportation Program (STP) Funds Although the timing is extremely aggressive, the City has pursued and is hoping to utilize these available funds on the next adjacent segment of Ironwood Drive between Broadway Avenue to Apache Trail (Phase III) as follows Design (FY11) Federal-aid Funds $ 130,000 City's Match• $ 17,410 Subtotal — Design $ 147,410 Construction (FY15) Federal-aid Funds. $1,070,000 City's Match. $ 64,470 Subtotal — Construction $1,134,470 Total (Design and Construction) Federal Funds (STP) $1,200,000 Total Estimated City Funds $ 81,880 Total Estimated Project Costs $1,281,880 The Public Works Department is requesting City Council approval to approve the new Joint Project Agreement(JPA) /Intergovernmental Agreement (IGA) with ADOT which will provide design services for Ironwood Drive between Broadway Avenue and Apache Trail (Phase III), creating a"shovel ready" project. 575 E Baseline Avenue, Apache Junction, AZ 85219 • Voice (480) 982-1055 • FAX (480) 983-5752 or (480) 982-8005 A. RESOLUTION NO. 11-26 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY. WHEREAS, Congress established the Surface Transportation Program ("STP") for the specific purpose of enhancing, repairing, maintaining, rebuilding, and rehabilitating transportation infrastructure; and WHEREAS, the State and the City have identified systematic improvements within the City as being eligible under this program; and WHEREAS, the purpose of this joint effort is to allow the State to acquire federal funds for the design of a roadway improvement project on Ironwood Drive (the "Project") from Broadway Avenue to Apace Trail ("Phase III" of the Project) ; and WHEREAS, the State shall be the designated agent for the City; and WHEREAS, the estimated total cost of the Project is $147, 410 . 00, including Civil Engineering Design and State Design Review, which represents 100% funding; and WHEREAS, Federal-aid funds will contribute $130, 000 . 00 for design of the Project; and WHEREAS, the required City leftover matching funds for design of the Project is $17, 410 . 00, and WHEREAS, the attached written agreement ("IGA/JPA 11-110I") sets forth the financial and administrative conditions for design of Phase III of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Mayor and City Council hereby approve the attached intergovernmental agreement between the City of Apache RESOLUTION NO 11-26 PAGE 1 OF 2 Junction and the Arizona Department of Transportation ("IGA/JPA 11-110I") and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) Under the terms of IGA/JPA 11-1101, the City will pay for the design costs associated with Phase III of the Project . 3) The City Manager and/or his designee is authorized and directed to take all steps necessary carry toout the purpose and intent of this resolution. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO 11-26 PAGE 2 OF 2 ADOT File No.. IGA/JPA 11-110I AG Contract No • P001 00xxxx Project Ironwood Drive Section Broadway Avenue to Apache Trail Federal Aid No.: STP-APJ-O(205)A 0000 MA APJ ADOT Project No SS984 03D/01 C TIP/STIP No : CAAG 2012-2016 Budget Source Item No • INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND CITY OF APACHE JUNCTION THIS AGREEMENT is entered into this date , 2011, pursuant to the Arizona Revised Statutes §§ 11-951 through 11-954, as amended, between the STATE OF ARIZONA, acting by and through its DEPARTMENT OF TRANSPORTATION (the "State") and the CITY OF APACHE JUNCTION, acting by and through its MAYOR and CITY COUNCIL (the "City"). The State and the City are collectively referred to as"Parties" I. RECITALS 1 The State is empowered by Arizona Revised Statutes § 28-401 to enter into this Agreement and has delegated to the undersigned the authority to execute this Agreement on behalf of the State. 2 The City is empowered by Arizona Revised Statutes § 48-572 to enter into this Agreement and has by resolution, a copy of which is attached hereto and made a part hereof, resolved to enter into this Agreement and has authorized the undersigned to execute this Agreement on behalf of the City. 3 Such Project lies within the boundary of the City and has been selected by the City, the survey of the Project has been completed, and the plans, estimates and specifications will be prepared and, as required, submitted by the State to the Federal Highway Administration (FHWA)for its approval. 4 The interest of the State in this project is the acquisition and distribution of federal funds for the use and benefit of the City and to authorize such federal funds for the project pursuant to Federal law and regulations The State shall be the designated agent for the City. 5. The scope of work includes the reconstruction of existing roadway on Ironwood Drive between Broadway Avenue and Apache Trail with improvements to drainage, sidewalks, and curb and gutter, hereinafter referred to as the"Project" The State shall advertise, bid and award the Project Page 2 IGA/JPA 11-110I 6 The Federal funds will be used for the design and construction of the project, including the construction engineering and administration cost (CE). The estimated Project costs are as follows' ADOT Project No. SS984 03D/01 C SS984 03D(design) Federal-aid Funds @ 94 3% (capped) $ 130,000.00 City's match @ 5 7% $ 7,410 00 State Design Review Fee(non-reimbursable) $ 10,000.00 Subtotal—Design $ 147,410.00 SS984 01 C(construction) Federal-aid Funds @ 94 3% (capped) $1,070,000.00 City's match @ 5 7% $ 64,470.00 Subtotal—Construction* $1,134,470.00 Total(design and construction) *TOTAL FEDERAL FUNDS(STP) $ 1,200,000.00 Total Estimated City Funds $ 81,880.00 *Total Estimated Project Costs $1,281,880 00 *(Includes CE and project contingencies) The Parties acknowledge that the final bid amount may exceed the initial estimate(s) shown above, and in such case, the City is responsible for, and agrees to pay, any and all eventual, actual costs exceeding the initial estimate If the final bid amount is less than the initial estimate, the difference between the final .� bid amount and the initial estimate will be de-obligated or otherwise released from the Project The City acknowledges it remains responsible for, and agrees to pay according to the terms of this Agreement, any and all eventual,actual costs exceeding the final bid amount THEREFORE, in consideration of the mutual agreements expressed herein, it is agreed as follows' II. SCOPE OF WORK 1. The State will a Upon execution of this Agreement, and prior to performing or authorizing any work, invoice the City for the State's design review fee, currently estimated at $10,000.00 and the City's estimated share of the design portion of the Project, currently estimated at$7,410.000 Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs. The State will prepare a final reconciliation upon completion of the Project Page 3 IGA/JPA 11-110I b On behalf of the City, use one of the State's on-call design companies to prepare all pertaining documents for the project; review and approve documents required by FHWA to qualify certain projects for and to receive Federal funds. Such documents may consist of, but are not specifically limited to, environmental documents, the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations, review of prepared reports, design plans, maps, and specifications, geologic materials testing and analysis; right-of-way related activities and such other related tasks essential to the achievement of the objectives of this Agreement Incorporate comments from the City as appropriate c Review the design plans, specifications and other such documents and services required for the construction bidding and construction of the Project and incorporate comments from the City as appropriate d On behalf of the City, perform work and prepare documents required by the FHWA to qualify certain projects for and to receive federal funds. Such work may consist of, but is not specifically limited to, the review and approval of the prepared environmental documents; the preparation of the analysis requirements for documentation of environmental categorical exclusion determinations, review of reports, design plans, maps, and specifications, geologic materials testing and analysis; right-of-way related activities and such other related tasks essential to the achievement of the objectives of this Agreement. e Request the maximum programmed federal funds for the design and construction of this Project Should costs exceed the maximum federal funds available, it is understood and agreed that the City will be responsible for any overage f Upon completion of design, and prior to bid advertisement, invoice the City, for the City's share of funds for the construction costs of the Project currently estimated at $64,470 00 Once the Project costs have been finalized, the State will either invoice or reimburse the City for the difference between estimated and actual costs g Upon approval by the FHWA, and receipt of the City's funds, proceed to advertise for, receive and open bids The State will enter into a contract(s) with a firm(s) to whom the award is made for the construction of the Project, administer contracts(s) for the Project and make all payments to the contractor(s) h Not be obligated to maintain said Project, should the City fail to budget or provide for proper and perpetual maintenance as set forth in this Agreement 2 The City will. a Upon execution of this Agreement, designate the State as authorized agent for the City b Within thirty (30) days of receipt of an invoice from the State, and prior to the performance or authorization of any work, remit to the State, the City's estimated share of funds for the design costs of the Project in the amount equal to the difference between the total design costs of the work provided for in this Agreement and the total amount of Federal funds (capped) allocated for the design of this Project, currently estimated at$17,410 00 c Review the design documents required for construction of the Project and provide comments to the State as appropriate. d Upon completion of design, within thirty (30) days of receipt of an invoice from the State, and prior to bid advertisement, remit to the State, the City's estimated share of funds for the construction costs of the Project in the amount equal to the difference between the total costs of the work provided for in this Agreement and the amount of Federal Aid (capped) received, currently estimated at$64,470.00. Page 4 IGA/JPA 11-110I e. Be responsible for all costs in excess of the maximum amount of federal funds and for any costs ineligible for federal funds Such costs shall be paid by the City within thirty (30) days of receipt of invoice from the State. f. Certify that all necessary rights-of-way have been or will be acquired prior to advertisement for bid and also certify that all obstructions or unauthorized encroachments of whatever nature, either above or below the surface of the Project area, shall be removed from the proposed right-of-way, or will be removed prior to the start of construction. Coordinate with the appropriate State's Right-of-Way personnel during any right-of-way process performed by the City, if applicable g Not permit or allow any encroachments upon or private use of the right-of-way, except those authorized by permit. In the event of any unauthorized encroachment or improper use, the City shall take all necessary steps to remove or prevent any such encroachment or use. h Hereby grant the State, its agents and/or contractors, without cost, the right to enter City Rights-of-Way, as required, to conduct any and all construction and preconstruction related activities, including without limitation, temporary construction easements or temporary Rights-of-Entry to accomplish among other things, soil and foundation investigations i. Be responsible for any and all costs attributable to any engineering change orders requested by the City not covered by federal funds The City will also be responsible for contractor claims for additional compensation caused by Project delays attributable to the City j Provide for cost and proper maintenance of the Project, including all of the Project components k Enter into an agreement with the State's design consultant which states that the design consultant shall provide professional post-design services as required and requested throughout and upon completion of the construction phase of the Project I Request the design consultant provide a set of as-built plans upon completion of the construction phase of the Project. An electronic version of the as-built plans shall be forwarded to Arizona Department of Transportation Local Government Section. m Upon completion of the Project, agree to accept, maintain and assume full responsibility of said Project in writing n Pursuant to 23 USC 102(b), repay all Federal funds reimbursements for preliminary engineering costs on the Project if it does not advance to right of way acquisition or construction within ten (10) years after Federal funds were first made available III. MISCELLANEOUS PROVISIONS 1 The terms, conditions and provisions of this Agreement shall remain in full force and effect until completion of said Project, except any provisions for maintenance/electrical power and/or landscaping maintenance shall be perpetual by the City Further, this Agreement may be cancelled at any time prior to advertisement of the project construction contract, upon thirty (30) days written notice to the other party It is understood and agreed that, in the event the City terminates this Agreement, the State shall in no way be obligated to maintain said Project 2. The State assumes no financial obligation or liability under this Agreement, or for any resulting construction Project The City, in regard to the City's relationship with the State only, assumes full responsibility for the design, plans, specifications, reports, the engineering in connection therewith and the construction of the improvements contemplated, cost over-runs and construction claims It is Page 5 IGA/JPA 11-110I understood and agreed that the State's participation is confined solely to securing federal aid on behalf of the City and the fulfillment of any other responsibilities of the State as specifically set forth herein, that any damages arising from carrying out, in any respect, the terms of this Agreement or any modification thereof shall be the liability of the City and that to the extent permitted by law, the City hereby agrees to save and hold harmless, defend and indemnify from loss the State, any of its departments, agencies, officers or employees from any and all costs and/or damage incurred by any of the above and from any other damage to any person or property whatsoever, which is caused by any activity, condition, misrepresentation, directives, instruction or event arising out of the performance or non performance of any provisions of this Agreement by the State, any of its departments, agencies, officers and employees, or its independent contractors, the City, any of its agents, officers and employees, or its independent contractors. Costs incurred by the State, any of its departments, agencies, officers or employees shall include in the event of any action, court costs, and expenses of litigation and attorneys'fees 3 This agreement shall remain in force and effect until completion of the work and related deposits and reimbursements 4 The cost of design, construction and construction engineering work under this Agreement is to be covered by the federal funds set aside for this Project, up to the maximum available The City acknowledges that the eventual actual costs may exceed the maximum available amount of federal funds, or that certain costs may not be accepted by the federal government as eligible for federal funds Therefore, the City agrees to furnish and provide the difference between actual costs and the federal funds received 5 The cost of the project under this Agreement includes applicable indirect costs approved by the FHWA. 6. The City and the State warrant compliance with the Federal Funding Accountability and Transparency Act of 2006 and associated 2008 Amendments (the "Act"). Additionally, in a timely manner, the City will provide information that is requested by the State to enable the State to comply with the requirements of the Act, as may be applicable 7 This Agreement shall become effective upon signing and dating of the Determination Letter by the State's Attorney General 8 This Agreement may be cancelled in accordance with Arizona Revised Statutes§38-511. 9 To the extent applicable under law, the provisions set forth in Arizona Revised Statutes § 35-214 /Mk and§ 35-215 shall apply to this Agreement 10 This Agreement is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U S C 12101-12213) and all applicable Federal regulations under the Act, including 28 CFR Parts 35 and 36. The parties to this Agreement shall comply with Executive Order Number 2009-09 issued by the Governor of the State of Arizona and incorporated herein by reference regarding"Non-Discrimination" 11 Non-Availability of Funds Every obligation of the State under this Agreement is conditioned upon the availability of funds appropriated or allocated for the fulfillment of such obligations If funds are not allocated and available for the continuance of this Agreement, this Agreement may be terminated by the State at the end of the period for which the funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments as a result of termination under this paragraph 12 In the event of any controversy, which may arise out of this Agreement, the Parties hereto agree to abide by required arbitration as is set forth for public works contracts in Arizona Revised Statutes § 12- 1518 Page 6 IGA/JPA 11-110I 13 All notices or demands upon any party to this Agreement shall be in writing and shall be delivered in person or sent by mail, addressed as follows Arizona Department of Transportation City of Apache Junction Joint Project Administration Attn• Giao Pham, P E 205 S 17th Avenue, Mail Drop 637E 575 E Baseline Avenue Phoenix,Arizona 85007 Apache Junction, Arizona 85119 (602) 712-7124 (480) 982-1055 (602) 712-3132 Fax (480) 982-8005 For City Financial Matters. Donna Meinerts, Finance Director 300 E Superstition Blvd Apache Junction, Arizona 85119 (480) 474-5451 Fax# 14 Compliance requirements for Arizona Revised Statutes § 41-4401—immigration laws and E-Venfy requirement. a. The City warrants compliance with all Federal immigration laws and regulations relating to employees and warrants its compliance with Arizona Revised Statutes§ 23-214(A). b A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a material breach of the Agreement, and the City may be subject to penalties up to and including termination of the Agreement c The State retains the legal right to inspect the papers of any employee who works on the Project to ensure that the City or subcontractor is complying with the warranty under paragraph (a) 15 Pursuant to Arizona Revised Statutes § 35-391 06 and § 35-393 06, each Party certifies that it does not have a scrutinized business operation in Sudan or Iran For the purpose of this Section the term "scrutinized business operations" shall have the meanings set forth in Arizona Revised Statutes § 35-391 and/or §35-393, as applicable If any Party determines that another Party submitted a false certification, that Party may impose remedies as provided by law including terminating this Agreement 16 The Parties hereto shall comply with all applicable laws, rules, regulations and ordinances, as may be amended 17. In accordance with Arizona Revised Statutes § 11-952(D) attached hereto and incorporated herein is the written determination of each party's legal counsel and that the parties are authorized under the laws of this State to enter into this Agreement and that the Agreement is in proper form Page 7 IGA/JPA 11-110I IN WITNESS WHEREOF, the Parties have executed this Agreement the day and year first above written CITY OF APACHE JUNCTION STATE OF ARIZONA Department of Transportation By JOHN INSALACO By Mayor SAM MAROUFKHANI, P.E Deputy State Engineer, Development ATTEST. By KATHY CONNELLY City Clerk IGA/JPA 11-110I ATTORNEY APPROVAL FORM FOR THE CITY OF APACHE JUNCTION I have reviewed the above-referenced Intergovernmental Agreement between the State of Arizona, acting by and through its DEPARTMENT OF TRANSPORTATION, and the CITY OF APACHE JUNCTION, an Agreement among public agencies which, has been reviewed pursuant to Arizona Revised Statutes §§ 11-951 through 11-954 and declare this Agreement to be in proper form and within the powers and authority granted to the City under the laws of the State of Arizona No opinion is expressed as to the authority of the State to enter into this Agreement DATED this day of , 2011. City Attorney AdIN\ AM. rE jo ro City o tlpache Junction Home of the , uhetstittorl :'lrl ors/atatrls 1arzotw i ,Print ...... TO: City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE: June 21, 2011 Agenda Type Regular Agenda Council Priority Focus Area• Economic Development TITLE OF AGENDA ITEM: Consideration of Resolution No 11-30 authorizing the submission of a grant application to the Gila River Indian Community for the acquisition of an electronic community marquee ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Resolution No. 11-30 authorizes the submission of a grant application to the Gila River Indian Community for the acquisition of an electronic community message marquee The Resolution is a mandated component of the grant application The grant request is for$50,000,the City would provide up to $10,000 as match FISCAL IMPACT: Am. Budgeted Expenditure OPTIONS/ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION: Council can. 1. Support this project moving forward in the grant application process 2 Not support this project moving forward in the grant process. ATTACHMENTS Click to download L] Staff Report D Resolution Number 11-30 D Project Summary v.A He a � , ti City of Apache Junction AR °tk Department of Public Safety MEMORANDUM DATE: June 8,2011 TO. The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke, Development Services Director FROM. Roger S Hacker,Revenue Resources Manager SUBJECT. Gila River Indian Community State Shared Revenue Program Grant Application For Fiscal Year 2011-2012 REQUEST, Staff respectfully requests that the City Council adopt Resolution Number 11-30. If adopted,Resolution Number 11-30 authorizes the submission of a grant application($50,000) to the Gila River Indian Community for the acquisition of an electronic community message marquee Further, the Resolution also authorizes the City to provide up to $10,000 from the City's Fiscal Year 2011-2012 budget See Attachment 1 for a copy of Resolution Number 11-30 See Attachment 2 for a summary of the electronic community message marquee grant project. BACKGROUND Gila Community In November 2002,the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes An important provision of Proposition 202 was the sharing of gaming revenues with the State Henceforth,tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88%of the assessment into the State managed fund and retain 12%of the assessment for distribution as grants The Gila River Indian Community("GRIC") exercised its option to retain and administer 12%of State shared revenue Known as the Gila River Indian Community State Shared Revenue Program,the Program makes "Distributions to cities,towns, or counties for government services that benefit the general public, including public safety,mitigation of the impacts of gaming, or promotion of commerce and economic development" Gila River's policy is to generally limit the distributions to cities,towns, and counties in Maricopa and Pinal Counties. /N Since the inception of the grant program,the City has received funding from GRIC for two public safety projects. $77,958 to purchase an automated fingerprinting identification system (2006)and$62,702 to purchase equipment to be used in Operation. DUI Purge (2007) Public safety projects not funded include the purchase of. a Fire Arms Training System (2008), eight mobile data terminals (2009); and three mobile data terminals(2010). City of Apache Junction During the June 6,2011 work session, staff presented to the City Council the proposed grant application for the acquisition of an electronic community message marquee.At that time, Council consensus was that staff should continue the preparation of the grant application for this project Resolution 11-30 is a mandated portion of the grant application During the June 20,2011 work session, staff presented to the City Council the proposed resolution DISCUSSION To be considered for funding,the Economic Development Division's grant application must include a City Council adopted resolution authorizing submission Resolution 11-30 satisfies that requirement and is consistent with the Council's direction to staff on June 6, 2011 RECOMMENDATION Staff respectfully recommends that the City Council adopt Resolution Number 11-30. ACTION REQUIRED Adoption of Resolution Number 11-30 Attachment 1 Resolution Number 11-30 OIN Attachment 2• Electronic Community Message Marquee Project Summary Page 2 Attachment 1 RESOLUTION NO 11-30 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS' Section 1: Staff is authorized to submit an application to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and use of Proposition 202 for the purchase and installation of an electronic marquee in an amount not to exceed $50, 000. RESOLUTION NO 11-30 PAGE 1 OF 2 ON Section 2 : The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 3• The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 4 : { The City may expend up to $10, 000 to match the funds provided by the Community from the City's Fiscal Year 2011-2012 budget. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO 11-30 PAGE 2 OF 2 Attachment 2 Gila River Indian Community Applicant: Apache Junction Economic Development Division Contacts: Janine Hanna-Solley, Business Advocate Nick Blake, Parks Superintendent Project: Electronic Community Message Marquee Need: The Apache Junction Downtown Redevelopment and Implementation Strategy ("DRIS") recognized the lack of a "there, there" in downtown Apache Junction. Vehicular traffic, shoppers, and visitors are scarcely welcomed with any downtown identification signage A person can literally drive through downtown before ever realizing they had arrived in the downtown area, it is not uncommon for visitors to wonder "Where's downtown?" The lack of a "sense of downtown" hinders economic development, hurts community pride, and slows downtown revitalization A bold statement is needed in the downtown area to proudly proclaim "Welcome to downtown Apache Junctions" Proposed: One of several specific objectives contained in the DRIS is the enhancement of the Focal Point area by improving the adjacent corners with the installation of a "welcome" sign on the NW corner The sign will be supplemented by landscape enhancements, installation of lighting, water lines, and the ongoing maintenance of the area after improvements are made This project proposes to install an area identification sign/community events electronic message board at the corner of North Apache Trail and Apache Trail The monument sign will welcome visitors to the heart of the downtown's main intersection with a permanent base announcing "Welcome to Downtown Apache Junction" and provide for a number of electronic messages to be displayed announcing current local events inviting residents and visitors to spend time downtown The electronic community message marquee will not only provide an aesthetic improvement, the messages will serve to draw people into the downtown to support local retail, restaurants and locally sponsored special events This sign will be a prominent feature set amongst City investments of significant landscape enhancements, tree lighting, and adjacent to the City's Focal Point where commemorative bricks, benches, and trees have been and continue to be installed with private citizen donations Page 1 of 3 The project targets the City's year-round residents, the City's winter residents, individuals from the surrounding areas that access the City for business purposes, tourists visiting the area, and the businesses in the downtown business district The daily traffic counts for the location on the corner where the signage and community events electronic message board will be installed indicate that depending on the season, 6,857 — 9,275 (westbound) and 6,609 — 9,587 (eastbound) vehicles use the road on any given weekday. Vehicular use would be considerably higher on the weekends especially during the winter months. City staff will bid out and work with a professional sign company to design, spec and build a custom and unique to Apache Junction welcome sign and message board. Duration: October 1, 2011 to September 30, 2012 Project Budget: $60,000 Sign 51,255 Tax 4,613 Bonding 769 Insurance 2,563 Contingency 800 Total 60,000 Based on preliminary research conducted by the Parks Superintendent, it is anticipated that the sign will cost approximately $60,000 Amount Requested: $50,000 City Match: $10,000 The City will provide up to $10,000 to match funds provided by the Gila River Indian Community from the City's Fiscal Year 2011-2012 budget Other Funders/partners The DRIS is a community-created plan so the implementation strategies are a culmination of efforts of local residents, businesses and City leadership All have created the vision of the community and what they aspire to see in downtown Since implementation has begun, specific involvement has included local businesses with public/private partnerships in road improvement projects, Superstition Area Cultural Alliance (SACA) involving local artists for public art projects, Central Arizona College with a significant campus expansion project underway, the Apache Junction Chamber of Commerce promoting downtown and expanded tourism outreach efforts, the Focal Page 2 of 3 Point Enhancement Committee engaging local volunteers for private fundraising efforts, with the City of Apache Junction leading the effort and making public investments in significant "Main Street" pedestrian-friendly road improvements, median enhancement projects along historic Apache Trail, and the City Council commitment to the DRIS Anticipated Outcomes: It is anticipated that the installation of the electronic community message marquee will increase. • Awareness of community events; • Participation in downtown special events, • Sales of local businesses with increased customer traffic, • Awareness of downtown by enhancing its "sense of place"; • The esthetics within an identified redevelopment area, • The visual appeal of the downtown area; and • The visual identify of the downtown area. GRIC Priority: Economic Development The "priority area" of economic development is the focus of this project. By improving the image of the community, raising awareness of the downtown and events hosted in the downtown, creating esthetic improvements that enhance the desirability of spending time downtown, and encouraging residents to actively engage in activities will all help support local businesses and the local economy Page 3 of 3 r p •4 PpACFf JGZ ENo Lid o Ap the Junction U' 2 Home of the ,i upet t tion Mountains 4P/2014t' Print TO. City Manager's Office FROM Roger S. Hacker, Revenue Resources Manager DATE June 21, 2011 Agenda Type : Regular Agenda Council Priority Focus Area. Revenue Development TITLE OF AGENDA ITEM: Consideration of Resolution No 11-23 authorizing the submission of a grant application to the Gila River Indian Community for support of the City's Fit Families Program ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Resolution No. 11-23 authorizes the submission of a grant application to the Gila River Indian Community for support of the City's Fit Families Program The Resolution is a mandated component of the grant application The grant request is for$35,900, the City would provide up to $31,484 of in-kind services as match FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES. Policy Discussion (list specific options/alternatives) RECOMMENDATION Council can 1. Support this project moving forward in the grant application process 2 Not support this project moving forward in the grant process. ATTACHMENTS Click to download L] Staff Report ❑ Resolution Number 11 23 ❑ Project Summary eliN r PR ACM�a o nA h City of Apache Junction aR oN Department of Public Safety MEMORANDUM DATE. June 8,2011 PIN TO: The Honorable Mayor and City Council THROUGH. George Hoffman, City Manager Brad Steinke,Development Services Director FROM• Roger S Hacker, Revenue Resources Manager SUBJECT: Gila River Indian Community State Shared Revenue Program Grant Application For Fiscal Year 2011-2012 REQUEST Staff respectfully requests that the City Council adopt Resolution Number 11-23 If adopted,Resolution Number 11-23 authorizes the submission of a grant application($35,900) to the Gila River Indian Community for the City's Fit Families program. Further,the Resolution also authorizes the Parks and Recreation Department to expend up to $31,484 in in-kind services as match to be taken from the Department's budgets for Fiscal Year 2011-2012 and Fiscal Year 2012-2013 See Attachment 1 for a copy of Resolution Number 11-23 See Attachment 2 for a summary of the Fit Families grant project. ell BACKGROUND Gila Community In November 2002,the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth,tribes would be assessed by the State a percentage of their gross gaming revenue Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88%of the assessment into the State managed fund and retain 12%of the assessment for distribution as grants The Gila River Indian Community("GRIC")exercised its option to retain and administer 12%of State shared revenue. Known as the Gila River Indian Community State Shared Revenue Program,the Program makes"Distributions to cities,towns, or counties for government services that benefit the general public, including public safety,mitigation of the impacts of gaming, or promotion of commerce and economic development" Gila River's policy is to generally limit the distributions to cities,towns, and counties in Maricopa and Final Counties. Funding priorities Since the inception of the grant program,the City has received funding from GRIC for two public safety projects $77,958 to purchase an automated fingerprinting identification system (2006) and$62,702 to purchase equipment to be used in Operation DUI Purge (2007) Public safety projects not funded include the purchase of. a Fire Arms Training System (2008); eight mobile data terminals (2009), and three mobile data terminals(2010) City of Apache Junction During the June 6, 2011 work session, staff presented to the City Council the proposed grant application for the Fit Families program At that time, Council directed staff to continue the preparation of the grant application for this project Resolution 11-23 is a mandated portion of the grant application. During the June 20,2011 work session, staff presented to the City Council the proposed resolution DISCUSSION To be considered for finding,the Park and Recreation Department's grant application must include a City Council adopted resolution authorizing submission Resolution 11-23 satisfies that requirement and is consistent with the Council's direction to staff on June 6, 2011. RECOMMENDATION Staff respectfully recommends that the City Council adopt Resolution Number 11-23 ACTION REOUIRED Adoption of Resolution Number 11-23. Attachment 1• Resolution Number 11-23 Attachment 2• Fit Families Project Summary Page 2 Attachment 1 RESOLUTION NO. 11-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN es COMMUNITY FOR PROPOSITION 202 FUNDS WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues, and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that. 1) benefit the general public, 2) mitigate the impacts of gaming, and/or 3) promote commerce and economic development, and WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program, and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: ems Section 1: Staff is authorized to submit an application to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and use of Proposition 202 funds for support of the Fit Families Program in an amount not to exceed $35, 900. RESOLUTION NO. 11-23 PAGE 1 OF 2 /N /1 Section 2 : The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 3• The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 4 : The City may expend up to $31, 484 in in-kind services to match the funds provided by the Community to be taken from the Parks and Recreation Department' s City budgets for Fiscal Year 2011-2012 and Fiscal Year 2012-2013 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S INSALACO Mayor ATTEST: eN KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J. STERN City Attorney RESOLUTION NO 11-23 PAGE 2 OF 2 Attachment 2 Gila River Indian Community Applicant: Apache Junction Parks and Recreation Department Contact: Liz, Langenbach, Recreation Superintendent Amok Project: Fit Families Grant would supplement existing program Fit Families is a program to combat childhood and adult obesity, instill healthy exercise habits and encourage spending time together with family members Program includes. 1) scholarships for those that cannot afford a membership to the community fitness/recreation center; 2) an incentive program for daily attendance at fitness activities, and 3) a family event per month that focuses on healthy eating, physical activity, and families socializing together The target populations are youth and families Need: The Department recognizes that childhood and adult obesity is a national problem with far reaching consequences Local schools have cut physical education to 45 minutes/week Children from families with low socioeconomic status are more likely to become obese or overweight, partly attributed to inability to afford organized sports and activities, the 2005-2009 Community Survey estimates that 9 6% of local families live below the poverty level Access is needed for all families to family/youth fitness classes and health/nutrition workshops and coaching opportunities at a free or reduced cost Recently, the School District, due to financial constraints, cut all transportation for afterschool programs. This cut will negatively impact participation in Fit Families programs. Proposed: The Department proposes to expand the program by. 1. Conducting a Community Needs Assessment/Survey of families to determine needs, interests, perceived importance of nutrition/physical activity on health, and barriers to eating healthy/being physically active 2. Offering fitness classes that are designed specifically for youth and families (twice/week) 3. Offering nutrition/wellness workshops, seminars, coaching programs to help families assess/improve/maintain physical activity and healthy eating habits (one program/month). 4 Contracting with nutrition/wellness professionals to train Department staff to offer future programs Page 1 of 3 5 Providing transportation from the schools to an off-site facility where the programs would take place and parents could pick their kids up when they got off of work or 2) offering some of the activities directly after school and providing transportation home for those who need it Duration: January 1, 2012 to December 31, 2013 Project Budget: $74,384 Fitness Instructors (contract) 3,900 Seminar/workshop instructors (contract) 7,500 Training for MGC staff 1,000 Printing 3,000 Equipment 2,500 Program supplies 3,000 Transportation 15,000 Scholarships 7,000 MGC Facility 9,180 Graphic Design/marketing 2,916 MGC Facility Manager 3,576 Fitness Coordinator 11,912 Fitness Staff 3,900 Total 74,384 Amount Requested: $35,900 Fitness Instructors (contract) 3,900 Seminar/workshop instructors (contract) 7,500 Training for MGC staff 1,000 Printing 3,000 Equipment 2,500 Program supplies 3,000 Transportation 15,000 Total 35,900 The Department's budget for contract fitness and seminar/workshop instructors is totally committed to the programs currently being offered The funds requested will enable the Department to secure the instructors needed for the additional and specialized (e g yoga certified, zumba, tat chi) to be offered for youth or families participating in the proposed drop-in fitness classes The funds requested for transportation will enable the Department to resume the afterschool transportation previously provided by the School District The funds would be used to contract with the Distnct to utilize a bus or school van plus driver. It is Page 2 of 3 anticipated that transportation would be provided twice/week and that transportation would be provided from three schools to one or more sites based on the activity offered (e g Cool Kids Club and After School Sports) Other Funders: $7,000 Scholarships 7,000 City Match: $31,484* MGC Facility 9,180 Graphic Design/marketing 2,916 MGC Facility Manager 3,576 Fitness Coordinator 11,912 Fitness Staff 3,900 Total 31,484 • In-kind services to be provided by the Department's budget for Fiscal Year 2011-2012 and Fiscal Year 2012-2013. Anticipated Outcomes: It anticipated that the grant will enable the following. • A 10% increase in the entries at the Center (current 13,787/year, goal is 15,162). Fit Families entries are the number of members and drop-ins that check in to the Center to utilize amenities or fitness drop-in classes • A 10% increase in the number of children participating in youth sports leagues and after school sports (currently 835, goal is 919), • 520 participants/year at the new youth/family designated drop-in fitness classes (10 participants/class), • An Increase in the number of new classes offered (52 new classes/year one, 104 new classes/ in year two) • 60 children/week receiving transportation to Fit Families programs (10 children/day x 2 days/week x 3 schools = average 60 children/week) • 2,160 children/year receiving transportation to Fit Families programs. (60 children/week x 36 weeks/school year) GRIC Priority: Education, health, transportation Page 3 of 3 PQACH a ° y0o City of A • pache junction u z Home of the •Sipet:ylttzon Mountains 401zoN* a Print TO: City Manager's Office FROM. Roger S. Hacker, Revenue Resources Manager DATE: June 21, 2011 Agenda Type Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM• Consideration of Resolution No. 11-33 authorizing the submission of a grant application by the City on behalf of Empowerment Systems to the Gila River Indian Community for support of the Health Insurance Outreach Program at the Empowerment Center ACTION REQUESTED. Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION: Resolution No 11-33 authorizes the submission of a grant application by the City on behalf of Empowerment Systems to the Gila River Indian Community for support of the Health Insurance Outreach Program at the Empowerment Center The Resolution is a mandated component of the grant application. The grant request is for$50,000, Empowerment Systems would provide up to$136,756 of in-kind services as match FISCAL IMPACT. Am` Budgetary Approval Not Required OPTIONS I ALTERNATIVES. Policy Discussion (list specific options/alternatives) RECOMMENDATION: Council can 1 Support this project moving forward in the grant application process 2 Not support this project moving forward in the grant process. ATTACHMENTS. Click to download ❑ Staff Report ❑ Resolution Number 11-33 0 Project Summary P pCHf _ City of Apache Junction 4„,zo ,- Department of Public Safety MEMORANDUM DATE: June 8,2011 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director FROM Roger S. Hacker, Revenue Resources Manager SUBJECT- Gila River Indian Community State Shared Revenue Program Grant Application For Fiscal Year 2011-2012. REQUEST Staff respectfully requests that the City Council adopt Resolution Number 11-33 If adopted, Resolution Number 11-33 authorizes the City to submit a grant application($50,000) on behalf of Empowerment Systems to the Gila River Indian Community for support of the Health Insurance Outreach at the Center program Further,the Resolution identifies the City's role as that of a pass through entity of the grant funds and stipulates that Empowerment Systems shall provide to the City all reports and documents provided to the Gila River Indian Community See Attachment 1 for a copy of Resolution Number 11-33. See Attachment 2 for a summary of the Health Insurance Outreach at the Center program. enN BACKGROUND Gila Community In November 2002,the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes. An important provision of Proposition 202 was the sharing of gaming revenues with the State Henceforth,tribes would be assessed by the State a percentage of their gross gaming revenue Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88%of the assessment into the State managed fund and retain 12%of the assessment for distribution as grants. The Gila River Indian Community("GRIC") exercised its option to retain and administer 12%of State shared revenue Known as the Gila River Indian Community State Shared Revenue Program,the Program makes"Distributions to cities,towns, or counties for government services that benefit the general public, including public safety,mitigation of the impacts of gaming, or promotion of commerce and economic development" Gila River's policy is to generally limit the distributions to cities,towns, and counties in Maricopa and Pinal Counties. Funding priorities include. 1)Public Safety(police, fire, EMS), 2)Transportation Facilities, 3)Health Care Services, 4)Economic Development, and 5)Education The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is "sponsored"by an appropriate municipality. In such cases,the municipality agrees to act as a conduit for the grant funds The municipality receives the grant funds from the tribal entity and in turn issues a check to the nonprofit agency. City of Apache Junction During the June 6,2011 work session, staff presented to the City Council the proposed grant application for the Children's Health Outreach Coalition at the Center Program(the project has been re-named as the Health Insurance Outreach at the Center Program) Council consensus was that staff should continue the preparation of the grant application for this project Resolution 11- 33 is a mandated portion of the grant application During the June 20,2011 work session, staff presented the proposed resolution. Council is advised that the information contained in Attachment 2 is different than the information provided to Council in the packet for the June 6, 2011 work session. The amended information was not received in time for inclusion in the June 6,2011 work session packet. Differences include the following • Project title: was Children's Health Outreach Coalition at the Center is now Health Insurance Outreach at the Center. The change reflects the fact that the project targets any eligible Apache Junction resident not just children • Project need: additional information has been added to document the need for this project in our community. • Project request: was Salary$38,462+ERE$11,538=$50,000 request, is now Salary $36,928 +ERE$10,892+computers $1,380+software $800=$50,000 request The requested items have been modified so that staff salary and ERE are consistent with Empowerment Systems policy; funds have been added to the request to purchase necessary equipment and software subscription for performing proposed services • Grant match. was $50,000 cash, is now$136,756 in-kind The new figure more accurately reflects the support Empowerment Systems will be providing for this project • Additional information provided: Measurable outcome objectives; clarification that project is an expansion of an existing program, information about long term sustamability of program; language to identify other Empowerment Systems funds being used to support this program beyond GRIC funds Page 2 DISCUSSION To be considered for funding,Empowerment System's grant application must include a City Council adopted resolution authorizing submission. Resolution 11-33 satisfies that requirement and is consistent with the Council's consensus on June 6,2011. RECOMMENDATION Staff respectfully recommends that the City Council adopt Resolution Number 11-33 ACTION REQUIRED Adoption of Resolution Number 1 1-33 Attachment 1. Resolution Number 11-33 Attachment 2 Health Insurance Outreach at the Center Project Summary Page 3 Aft Attachment 1 RESOLUTION NO 11-33 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL e.► OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS . WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues; and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public, 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application Said sponsorship must be expressed in a resolution passed by the local government sponsor. WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and Ask WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : Section 1 : Staff is authorized to submit an application, on behalf of Empowerment Systems Incorporated, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized RESOLUTION NO. 11-33 PAGE 1 OF 3 ON to sign the application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the health insurance outreach program at the Empowerment Systems Incorporated Center in an amount not to exceed $50, 000. Section 2 : The Mayor is authorized to execute a Grant Pass Through Agreement between the City of Apache Junction and the Empowerment Systems Incorporated Board of Directors for use of the funds if the grant is awarded. Section 3 : The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application. Section 4: The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5: The City has no duties under or related to this resolution other than to receive the funds and deliver same to Empowerment Systems; the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All parties agree there are no third-party beneficiaries to this document. Section 6: If awarded funding, Empowerment Systems Incorporated will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. RESOLUTION NO 11-33 PAGE 2 OF 3 Aw Section 7 : The City Council supports this grant request for funding and if awarded will administer the funds directly to Empowerment Systems as a pass through grant. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 . JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM• RICHARD J. STERN City Attorney p RESOLUTION NO. 11-33 PAGE 3 OF 3 Attachment 2 Gila River Indian Community Proposal Applicant: Empowerment Systems, Incorporated Empowerment Systems has been in Apache Junction for 21 years. Over the years, the agency has brought millions of dollars worth of services and economic benefit into this community. The organization (formerly known as Pinal Gila Behavioral Health Association) had its budget grow from $4 million worth of behavioral health services in 1990 to over $40 million in 2005 The agency is proud that it puts money back into the community continues to grow its provider network and capacity Empowerment Systems, Inc operates the CENTER in one of its buildings located at 2066 W Apache Trail Suite 104 in Apache Junction. Programs and services at the CENTER are designed to be a destination with positive economic impact for the City The Children's Health Outreach Coalition was formed and is supported by Empowerment Systems to partner with other community agencies to network and communicate about access to healthcare programs and services that are available in the area Contact: Jack Beveridge, President and CEO, Empowerment Systems, Inc. Project. Health Insurance Outreach at the CENTER Empowerment Systems has provided health insurance outreach and enrollment assistance to targeted Pinal and Maricopa County communities since 2008 The proposed project is an expansion of this program to make these services more widely available to Apache Junction residents. This includes outreach to civic and community programs and health and human services providers Need: Apache Junction residents need assistance with identifying health care benefits for which they are eligible and navigating systems in order to enroll for them Examples include AHCCCS, discount medical programs, high risk insurance pools, Medicare, the Pre-existing Condition Insurance Plan (PCIP) and coming soon, private health insurance products through the Affordable Care Act Health Insurance Exchange. The need is especially important for residents that need to enroll and re-enroll for Arizona Health Care Cost Containment System (" AHCCCS") services because of a proposed freeze and funding cuts to certain eligibility categories next year. There is also a need, as identified in the 2009 Affordable Care Act, to increase overall health services literacy, including better chronic disease self-management and wellness education People with low health literacy rates routinely incur disproportionately higher healthcare costs due to complications, missed appointments and seeking care in the most expensive setting (i e. Emergency Rooms) Our target population is residents of Apache Junction, verified by proof of address, that are uninsured or qualify for AHCCCS For Children ages 0-18 years old this means household income below 133% of the established Federal Poverty Level (FPL), or $2477 per month for a family of four For adults without children the eligibility is for those under 100% of the FPL, or $1863 for a family of four There are also special categories of eligibility for pregnant women and Medicare beneficiaries For the non-AHCCCS eligible families, the program will AJ serve residents up to 400% of the FPL, or $7463 per month for a family of four, by providing them information and assistance with accessing other health insurance products including the previously mentioned health insurance exchanges Page 1 of 3 Statistics indicate that 93% of Apache Junction residents reside at or below the 400% FPL category Proposed: The project proposes to hire a staff position to deliver care navigation, enrollment assistance, classes and other services at our Apache Junction based program called the CENTER The staff position will supervise the screening of eligible families and directing them into the proper set of services. Services will be supplemented by Empowerment Systems' staff, volunteers and health professions interns. Services will include providing easy to understand resources regarding health insurance coverage and assistance with completing application forms, providing required information and documentation, and advocating for most beneficial client outcomes We will provide referrals to low cost and free healthcare resources that we identify in the region Classes on health insurance literacy will cover information about basic terminology, weighing costs versus healthcare needs, using credit wisely, and communicating with health plans All services will be conducted in a motivational and guilt-free environment which encourages clients of all health insurance comprehension levels to feel empowered Duration: November 1, 2011-October 31, 2012 Project Budget: $186,756 Empowerment GRJC Grant Systems In Kind Annual Budget 1 Personnel 1 GTE Center Director 540,941 540,941 1 FTE Outreach Program Mgr $36,928 536.92E 1 FTE Outreach{Al Specific) 536,925 536.9221 RE/Benefits 510,892 $22,987 533.879 2 Professional outside services Pest Control $1,104 $1,10A 3 Accounting Auditing 51,440 51440 4 Subcontracts Web site consulting 51,000 51000 5 Service Contracts Cleaning/Maintenance 51,800 51800 Lan:taping $2,500 52.500 6 Building Utilities {Water gas,electric,Security) 57,200 57,200 7 Internet $2,520 52.520 {Telephone Internet) domain Regut,.,t,,., $25 $25 S Property Insurance $3,471 $3,471 9 Equipment tease copy/Fax $1,200 $1200 water $240 $240 10 Office Supplies Shredder $300 $900 Paper Ink,f hsc $4,500 $4.500 Signage $3,000 53.000 11 Postage $1,000 $1.000 12 2 Computers 51,380 52,000 53,380 13 Software(£-app) 5800 51,600 52.400 14 Travel(Instate) 51,000 51000 15 Pro Printing/Copying SO $0 TOTAL EXPENSES 550.000 5136,756 5186,756 Page 2 of 3 Am.. ,... Amount Requested: $50,000 Salary $36,928 ERE $10,892 Computer/Software $ 2,180 Total $50,000 The funds will be used to create a staff position to deliver care navigation and enrollment assistance at the CENTER Proposed services will be provided to Apache Junction residents only The '..` CENTER conducts a screening on all participants that includes demographic information All community based enrollment assistance also includes a participant survey that collects demographic information. This information will be reported on a quarterly basis Other Funding: $136,756 Empowerment Systems will provide $136,756 in matching funds from our CENTER operations budget to support the proposed project This includes administrative and direct personnel support to deliver services to eligible residents The CENTER is a community health education and wellness program that provides resources and classes to address the multi-dimensional model of wellness, including physical, intellectual, spiritual, occupational, emotional, environmental and social dimensions The CENTER website is www thecenter co Potential long term funding resources for this program include Federal Grants through HRSA, USDA or HHS as additional components of the Affordable Care Act are implemented over the next 2 years Care Navigation is specifically detailed in the ACA as billable service Empowerment Systems also actively seeks private contributions and sponsorships for selected programs Anticipated Outcomes: • Screen 2400 Apache Junction residents annually for health coverage status • Increase the ability of local residents to identify and secure healthcare services for themselves and their families by assisting 200 families and individuals with applications and referrals for identified programs • Conduct outreach at targeted City events and facilities Conduct bi-monthly Children's Health Outreach Coalition meetings in Apache Junction with invitations to regional educators, childcare providers, health and human services providers, state eligibility staff, faith based providers and other constituents with interest in healthcare access and wellness programs • Publish a quarterly newsletter, the COACHES Corner that provides updates on topics such as eligibility, supplemental assistance programs, upcoming health related events within the city and region The coalition also has an active Google groups participation with over 70 agencies and individuals GRIC Priority: Health Page 3 of 3 ppACH 4 • tiro Apache fund-Ian Ho,m' o/the .iupentition Mountains 4Pizol*' a5 Print TO• City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE• June 21, 2011 Agenda Type • Regular Agenda Council Priority Focus Area: Revenue Development TITLE OF AGENDA ITEM: Consideration of Resolution No. 11-24 authorizing the submission of a grant application to the Gila River Indian Community for the acquisition of a major crimes evidence recovery squad ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Resolution No 11-24 authorizes the submission of a grant application to the Gila River Indian Community for the acquisition of a major crimes evidence recovery squad The Resolution is a mandated component of the grant application. The grant request is for$38,685;the City would provide up to$7,340 of cash and equipment as match FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES Policy Discussion (list specific options/alternatives) RECOMMENDATION: Council can 1 Support this project moving forward in the grant application process 2 Not support this project moving forward in the grant process ATTACHMENTS: Click to download V Resolution Number 11-24 © Project Summary d Staff Report .ACkF� City of Apache Junction 4R1 Department of Public Safety MEMORANDUM DATE• June 8,2011 TO: The Honorable Mayor and City Council THROUGH: George Hoffman, City Manager Brad Steinke,Development Services Director FROM. Roger S Hacker,Revenue Resources Manager SUBJECT. Gila River Indian Community State Shared Revenue Program Grant Application For Fiscal Year 2011-2012 REQUEST Staff respectfully requests that the City Council adopt Resolution Number 11-24. If adopted,Resolution Number 11-24 authorizes the submission of a grant application($38,685) to the Gila River Indian Community for the acquisition of a Major Crimes Evidence Recovery Squad.Further,the Resolution also authorizes the Police Department to provide up to $7,340 in cash and equipment as match to be taken from the Department's budget for Fiscal Year 2011- 2012 See Attachment 1 for a copy of Resolution Number 11-24 See Attachment 2 for a summary of the Major Crimes Evidence Recovery Squad grant project BACKGROUND Gila Community In November 2002, the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes.An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth,tribes would be assessed by the State a percentage of their gross gaming revenue. Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88%of the assessment into the State managed fund and retain 12%of the assessment for distribution as grants The Gila River Indian Community("GRIC") exercised its option to retain and administer 12%of State shared revenue. Known as the Gila River Indian Community State Shared Revenue Program,the Program makes"Distributions to cities,towns, or counties for government services that benefit the general public, including public safety,mitigation of the impacts of gaming, or promotion of commerce and economic development" Gila River's policy is to generally limit the distributions to cities,towns, and counties in Maricopa and Pinal Counties. Funding priorities Since the inception of the grant program,the City has received funding from GRIC for two public safety projects $77,958 to purchase an automated fingerprinting identification system (2006)and$62,702 to purchase equipment to be used in Operation. DUI Purge (2007). Public safety projects not funded include the purchase of: a Fire Arms Training System (2008), eight mobile data terminals (2009); and three mobile data terminals (2010). City of Apache Junction During the June 6, 2011 work session, staff presented to the City Council the proposed grant application for the Fit Families program.At that time, Council directed staff to continue the preparation of the grant application for this project Resolution 11-24 is a mandated portion of the grant application. During the June 20,2011 work session, staff presented to the City Council the proposed Resolution DISCUSSION To be considered for funding,the Park and Recreation Department's grant application must include a City Council adopted resolution authorizing submission Resolution 11-24 satisfies that requirement and is consistent with the Council's direction to staff on June 6,2011. RECOMMENDATION Staff respectfully recommends that the City Council adopt Resolution Number 11-24 ACTION REQUIRED Adoption of Resolution Number 11-24 Attachment 1 Resolution Number 11-24 Attachment 2• Major Crimes Evidence Recovery Squad Project Summary Attachment 1 RESOLUTION NO 11-24 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues, and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that. 1) benefit the general public, 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development, and WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS. Section 1 : Staff is authorized to submit an application to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the application, contracts and grant documents for receipt and use of Proposition 202 for the purchase of a major crimes evidence recovery squad in an amount not to exceed $38, 685 RESOLUTION NO. 11-24 PAGE 1 OF 2 Section 2 : The Mayor is authorized to take any and all actions necessary to implement and complete the activities submitted in the application Section 3 • The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 4 : The City may expend up to $7, 340 in cash and in-kind materials to match the funds provided by the Community to be taken from the Public Safety Department' s City budget for Fiscal Year 2011-2012. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 11-24 PAGE 2 OF 2 Attachment 2 Gila River Indian Community Applicant: Apache Junction Police Department Contact: Thomas Kelly, Captain Project: Major Crimes Evidence Recovery Squad Need: The Police Department does not currently have a specialized critical incident vehicle to provide emergency tactical and investigative services in the time of natural (e.g. flash flood) and/or manmade disasters (e.g. bombing) and traumatic incidents (e.g. homicide, hostage situations). The vehicle needs to be equipped with radioactive/gas detection devices, bio hazard suit and containment items, decontamination washes, and forensic equipment necessary to investigate major crimes (e.g. murder, robbery) Such a vehicle could be utilized by the Police Department as both a crime scene investigation and emergency response vehicle During Calendar Year 2010, such a vehicle could have been utilized to investigate 106 cases These cases included, but are not limited to, homicides, domestic violence, suicide attempts, fire, burglary, and recovery of dead bodies Proposed: The Police Department proposes to purchase a 2011 Ford Explorer and outfit it with a standard police radio Cost of the vehicle is $33,247, cost of the radio is $5,438, total request will be $38,685 The vehicle to be obtained is a 2011 Ford Explorer with the following equipment. 6 passenger capacity, 4 door; 4 wheel drive; 3 5 liter, V6 engine; and a 6 speed automatic transmission The radio to be obtained is the standard police Motorola XTL 5000 Mobile 10-35 watt, 764-870 MHZ dash mounted radio. The radio will enable AJPD staff to communicate with all surrounding first responders This vehicle will give local first responders the ability to respond to natural and/or manmade disasters and traumatic incidents. The vehicle will enable responders to establish an outer perimeter, immediate command and staging centers, detect, respond to, and coordinate decontamination for all such incidents In addition, this vehicle, assigned to a certified Crime Scene Technician will be able to collect any and all evidentiary items needed for the successful identification of offenders and for the prosecution of criminal cases Duration: October 1, 2011 to September 30, 2012 Page 1 of 3 Project Budget: $46,025 Vehicle 33,247 Radio 5,438 Equipment 7,340 Amount Requested: $38,685 Vehicle 33,247 Vehicle 26,162 Light package 2,180 Sign package 1,090 Storage units 3,815 Total 33,247 Radio 5,438 Radio 4,675 Tax 463 Installation 300 Total 5,438 City Match: $7,340* To make the vehicle fully functional as a crime scene investigation vehicle, the Police Department will provide the following equipment for use in the vehicle. SCBA (Self Contained Breathing Apparatus) 1887 Biohazard suits 853 Bulk sorbent kit 745 Geiger counter/radiation detector (hand held) 725 Non-sparking tool kit (wrenches, pliers, hammer, etc) 595 Night vision binoculars 460 Night vision goggles 450 Tactical ram 343 Gas mask 330 Riot gear kit 400 First aid kit 150 Bolt cutters 130 Hearing protection 90 Page 2 of 3 Eye protection 75 Protective gloves 54 Biohazard booties 53 • The match will be a combination of equipment already owned by the Department (in-kind) and equipment to be secured with funds (cash) from the Department's budget for Fiscal Year 2011-2012 Anticipated Outcomes: Outcomes include the Department's ability to • Respond timely to a variety of emergency situations (e.g. crime scene, biological incident, hostage or terrorist situation), • Have a self contained vehicle capable of processing a crime scene; • Allow for the rapid deployment of equipment, • Be mobile in the deployment to various scenes; • Have a mobile platform for communication in remote locations; and • Have a support platform for officers in the field. GRIC Priority: Public Safety Page 3 of 3 ((T % 11 City of Apac e Junction Home of Me I mper:stition Alatintain.5 4Przotr 25 Print TO. City Manager's Office FROM: Roger S. Hacker, Revenue Resources Manager DATE. June 21,2011 Agenda Type . Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM. Consideration of Resolution No. 11-31 authorizing the submission of a grant application by the City on behalf of East Valley Adult Resources to the Gila River Indian Community for support of the Transportation Program at the Apache Junction Active Adult Center. ACTION REQUESTED: Recommendation for Approval DISCUSSION/BACKGROUND INFORMATION- Resolution No 11-31 authorizes the submission of a grant application by the City on behalf of East Valley Adult Resources to the Gila River Indian Community for support of the Transportation Program at the Apache Junction Active Adult Center The Resolution is a mandated component of the grant application The grant request is for$45,000, East Valley Adult Resources would provide up to$43,261 as match FISCAL IMPACT. Budgetary Approval Not Required OPTIONS/ALTERNATIVES: Policy Discussion (list specific options/alternatives) RECOMMENDATION. Council can. 1. Support this project moving forward in the grant application process. 2. Not support this project moving forward in the grant process ATTACHMENTS: Click to download U Staff Report U Resolution Number 11-31 U Project Summary .pC opik City of Apache Junction 4q oN. Department of Public Safety MEMORANDUM DATE: June 8,2011 TO: The Honorable Mayor and City Council 0111 THROUGH: George Hoffman, City Manager Brad Steinke, Development Services Director FROM: Roger S. Hacker,Revenue Resources Manager SUBJECT. Gila River Indian Community State Shared Revenue Program Grant Application For Fiscal Year 2011-2012 REQUEST Staff respectfully requests that the City Council adopt Resolution Number 11-31. If adopted, Resolution Number 11-31 authorizes the City to submit a grant application($45,000) on behalf of East Valley Adult Resources ("EVAR")to the Gila River Indian Community for support of the Transportation Program at the Apache Junction Active Adult Center Further,the Resolution identifies the City's role as that of a pass through entity of the grant funds and stipulates that EVAR shall provide to the City all reports and documents provided to the Gila River Indian Community. See Attachment 1 for a copy of Resolution Number 11-31 See Attachment 2 for a summary of the Senior Transportation Program grant project BACKGROUND Gila Community In November 2002,the voters of Arizona approved Proposition 202 which initiated new gaming compacts between the State of Arizona and the Native American tribes.An important provision of Proposition 202 was the sharing of gaming revenues with the State. Henceforth,tribes would be assessed by the State a percentage of their gross gaming revenue Tribes had the option of either paying all of this assessment into a State managed fund or to pay 88%of the assessment into the State managed fund and retain 12%of the assessment for distribution as grants The Gila River Indian Community("GRIC") exercised its option to retain and administer 12%of State shared revenue Known as the Gila River Indian Community State Shared Revenue Program,the Program makes"Distributions to cities,towns, or counties for government services that benefit the general public, including public safety,mitigation of the impacts of gaming, or promotion of commerce and economic development" Gila River's policy is to generally limit the distributions to cities,towns, and counties in Maricopa and Pinal Counties Funding priorities include 1)Public Safety(police, fire, EMS), 2) Transportation Facilities, 3)Health Care Services;4)Economic Development, and 5)Education The law also stipulates that local nonprofits may submit applications to tribal entities if the nonprofit organization is"sponsored"by an appropriate municipality. In such cases,the municipality agrees to act as a conduit for the grant funds The municipality receives the grant es funds from the tribal entity and in turn issues a check to the nonprofit agency. City of Apache Junction During the June 6,2011 work session, staff presented to the City Council the proposed grant application for the Senior Transportation Program Council consensus was that staff should continue the preparation of the grant application for this project.Resolution 11-31 is a mandated portion of the grant application. During the June 20,2011 work session, staff presented to the City Council the proposed resolution. DISCUSSION To be considered for funding,East Valley Adult Resource's grant application must include a City Council adopted resolution authorizing submission Resolution 11-31 satisfies that requirement and is consistent with the Council's consensus on June 6, 2011. RECOMMENDATION Staff respectfully recommends that the City Council review and discuss Resolution Number 11-31 ACTION REQUIRED 011 Review and discussion. Attachment 1 Resolution Number 11-31 Attachment 2 Senior Citizen Transportation Project Summary Page 2 /IemS Attachment 1 RESOLUTION NO. 11-31 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN /644 COMMUNITY FOR PROPOSITION 202 FUNDS. WHEREAS, in 2002, Proposition 202 authorized new gaming compacts between the State of Arizona and Arizona Indian Tribes which included sharing of gaming revenues, and WHEREAS, a portion of this state-shared revenue in an amount of 12% can be retained by an Indian Tribe and distributed to cities, towns or counties for government services that: 1) benefit the general public; 2) mitigate the impacts of gaming; and/or 3) promote commerce and economic development; and WHEREAS, private, not-for-profit organizations wishing to access Proposition 202 funding to provide public benefits must secure sponsorship from a city, town or county before making application Said sponsorship must be expressed in a resolution passed by the local government sponsor. WHEREAS, the Gila Indian Community (the "Community") has decided to exercise its option to retain and administer the 12% share itself and has adopted guidelines and procedures for this new program; and WHEREAS, the Community developed an expanded list of emS "priority areas" for which funding will be concentrated, including public safety, transportation, healthcare services, economic development, and education. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: Section 1: Staff is authoriz ed to submit an application, pp on behalf of East Valley Adult Resources, to the Gila River Indian Community for Proposition 202 funds, and the Mayor is authorized to sign the RESOLUTION NO. 11-31 PAGE 1 OF 3 application, contracts and grant documents for receipt and distribution of the Proposition 202 funds for the operation of the transportation program at the Apache Junction Active Adult Center in an amount not to exceed $45, 000. Section 2 : The Mayor is authorized to execute a Grant Pass Through Agreement between the City of Apache Junction and the East Valley Adult Resources Board of Directors for use of the funds if the grant is awarded Section 3: The Mayor is authorized to take any and all actions necessary to Implement and complete the activities submitted in the application. Section 4: The City Manager or his or her designee is hereby authorized to take whatever steps necessary to administer and procure the funding. Section 5. The City has no duties under or related to this resolution other than to receive the funds and deliver same to East Valley Adult Resources; the determination as to the amount of funding is solely at the discretion of the Gila River Indian Community. All OmN parties agree there are no third-party beneficiaries to this document Section 6: If awarded funding, East Valley Adult Resources will provide the City of Apache Junction copies of all reports and documents related to the project funded by the Gila River Indian Community. Section 7: The City Council supports this grant request for funding and if RESOLUTION NO 11-31 PAGE 2 OF 3 awarded will administer the funds directly to East Valley Adult Resources as a pass through grant. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2011 . SIGNED AND ATTESTED TO THIS DAY OF , 2011 JOHN S. INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM RICHARD J. STERN City Attorney elS RESOLUTION NO. 11-31 PAGE 3 OF 3 Attachment 2 Gila River Indian Community Applicant: Apache Junction Active Adult Center (dba East Valley Adult Resources) Contact: Dan Taylor, Executive Director Project: Senior Transportation Program Need: The Apache Junction Active Adult Center currently operates a schedule only transportation service for disabled and older adults providing direct assistance in getting to the center, grocery and medical appointments The medical appointment component has been expanded over the last two years to include direct transportation assistance three days a week with a special emphasis on services to veterans Veterans often need transportation to the Southeast Veterans Affairs Health Care Clinic located in the former Williams Air Force Base Hospital The Clinic serves veterans in the East Valley including. Apache Junction, Casa Grande, Chandler, Coolidge, Florence, Mesa, Superior, and Queen Creek, Arizona Transportation services are provided through the use of five vehicles and four part-time drivers The vehicles have been obtained through a variety of grants over the past 7 years. The operational funding for this program has been solid over the last several years with one of the major funding sources being the Lottery profits (i.e LTAF II), which the City of Apache Junction City Council annually designated for this service The designated lottery funds were swept into the general fund by the State of Arizona Legislature and are no longer a funding option Approval of this funding request will allow the program to continue to provide Apache Junction residents with over 800 one-way trips monthly. The word "Independence"can mean many things to people To many Apache Junction residents independence means the ability to leave their home, attend the Active Adult Center, go to a medical appointment or complete the vital task of weekly grocery shopping and getting prescription medication. The Apache Junction Active Adult Center with their door to door van transportation service has made it possible for 163 (40% over the age of 85) of older adults to remain Independent this year by providing access to food, medical care, social services and activities. The demographics of the recipients of the transportation service are over 75 years, have at least one chronic illness and no longer drive. Page 1 of 3 Proposed: The project proposes to provide the following transportation services to those seniors and disabled adults no longer able to drive. • At least 20 persons daily to and from the Active Adult Center for lunch, health education, exercise, and other programs, • 50 people to doctor appointments monthly, • 100 trips monthly to purchase nutritional and other needed products from local retailers; ana • Enhanced medical transportation to the Southeast Veterans Clinic from one day a week to an "as requested" component of the system Duration: January 1, 2012 to December 31, 2012 Project Budget: $88,261 Staff wages 51,302 Staff ERE 5,970 Vehicle operations/maintenance 30,109 Communications 880 Total 88,261 The budget is based on 1) two drivers working 1350 hours/year; 2) operating a fleet of 5 accessible vans, 3) providing maintenance, gasoline, insurance, etc for the fleet. This project budget is for the transportation program at the Apache Junction Active Adult Center. That program generates 9,963 transportation units (one way trip) per year; the unit cost is $8.85. In comparison the East Valley Dial-A-Ride currently has a unit cost of $35 50 Amount Requested: $45,000 Staff wages 22,950 Staff ERE 2,050 Vehicle operations/maintenance 20,000 Total 45,000 The amount requested will replace the funds that historically had been provided by the City through its LTAF II annual allocation. Those funds are not longer available. Other Funders/partners $43,261 Projected funding includes $20,000 from the Pinal/Gila Council for Senior Citizens; $15,000 from the Section 5317 New Freedom Program (federal funds administered by Page 2 of 3 ADOT); $5,449 donations from program recipients, and $2,812 that will need to be secured Anticipated Outcomes: It is anticipated that the grant funds will enable the Senior Transportation Program to annually provide. • 825 doctor appointments trips; • 7,250 trips to and from the Active Adult Center, • 1,680 trips to purchase nutritional and other needed products from local retailers; and • 208 trips to the Southeast Veterans Clinic, this represents a 25% increase from the current year Each trip is 22 miles each way. GRIC Priority: Transportation One of the priorities listed by the Gila River Indian Community is transportation For older and disabled adults transportation continues to be the number one issue in their ability to remain independent East Valley Adult Resources (EVAR) has operated a transportation service for over 14 years in the City of Apache Junction for disabled and older adults. The transportation system has five vehicles on the road daily to provide transportation and provide older homebound adults home delivered meals. The development and implementation of this system shows what can happen when a nonprofit and a City truly care about its residents, especially those in their later years who can no longer operate a vehicle The transportation service transports between 20-30 persons on a daily basis providing a scheduled service to the active adult center, grocery store and medical appointments with the focus on maintaining their independence. A donation is requested for the transportation assistance, but not required. The service operates on a five day a week schedule (Monday-Friday) from 9 00 a m — 4 00 p m Page 3 of 3 ROLL CALL VOTE NOTES I )) '1 1)// 1'V ITEM # n MEETING OF JPI/1 °6)A56 MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SMITHSON COUNCILMEMBER BARKER V VICE MAYOR DIETZ V COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY COUNCILMEMBER WILSON j/ MAYOR INSALACO V UNANIM(;SUS IN FAVOR OPPOSED ABSTAINED TOTAL �' CONSENT AGENDA ITEMS NO. 1-12 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT FOR THE CITY MAGISTRATE FOR A TERM FROM JUNE 21, 2011 THROUGH JUNE 30, 2014; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS GO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT FOR THE CITY MANAGER; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT THE EMPLOYMENT AGREEMENT FOR THE CITY ATTORNEY BE RATIFIED, -" AND THAT RESOLUTION NO. 11-26, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF TRANSPORTATION FOR HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT MONEY, BE APPROVED, AND THAT RESOLUTION NO 11-30, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS, BE APPROVED; AND THAT RESOLUTION NO 11-23, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS, BE APPROVED, AND - THAT RESOLUTION NO. 11-33, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS, BE APPROVED„ AND THAT RESOLUTION NO. 11-24, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS; AND THAT RESOLUTION NO 11-31, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING THE SUBMITTAL OF A GRANT APPLICATION TO THE GILA RIVER INDIAN COMMUNITY FOR PROPOSITION 202 FUNDS, BE APPROVED O� *p ACHF�Gy U �z icy of Apache Junction Home of the ,Super:ctiiion Mountain. 4Przoo* Print �.� TO: City Manager's Office FROM: George Hoffman, City Manager DATE: June 21, 2011 Agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/BACKGROUND INFORMATION: Presentation by and discussion with Republic Servcies, Inc. Representatives from Republic Services, Inc. who recently acquired Allied Waste will introduce their new landfill manager and address council on several business items relating to recycling and the city's 4th of July celebration FISCAL IMPACT: OPTIONS/ALTERNATIVES RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available PUBLIC HEARING 1. For APPLICATION FOR A LIQUOR LICENSE FOR FEED BAG 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. oak ti g pCH • I. �o City of Apache junction Home o/ the Super:itttron ;k 1 ountuins Print TO: City Manager's Office FROM Kathy Connelly, City Clerk DATE• June 21, 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 FEED BAG RESTAURANT. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION: A liquor license application has been submitted for Feed Bag Restaurant located at 300 S Phelps Drive 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 Arizona Department of Liquor Licenses and Control FISCAL IMPACT. Ina OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS Click to download D cover memo L] application part 1 L] application part 2 U application part 3 D notice AOIlk D applicant letter D department memo D planning recommendation D pd recommendation D fire district recommendation /y • rify-ge_rinetelte4f1~1101V Home of the Superstition Mountains .40111/4. JUNE 8, 2011 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK (_.Ll 1 FROM. JAN MASON. DEPUTY CITY CLERK __ y=1 ks- SUBJECT AGENDA ITEM FOR JUNE 21, 2011 APPLICATION FOR A LIQUOR LICENSE FOR FEED BAG RESTAURANT An application for a New License, Corporation, Series 12 Liquor License has been submitted by Mr. Peter Shaun Thorley for Feed Bag Restaurant located at 300 S Phelps Drive 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 • Voicc(480)982-8002 • FAX (480)982-7018• TDD(480)983-0095 • www alert} net 300 F Superstition Boufetiard. Apache Junction,AZ 85219 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 n.:1 Notice: Effective Nov 1.1987,All Owners,Boents.Partners.Stockholders.Offi�cyrs.or Mowers actively involved in the day to day oixidetbne of the business must attend a Department approved liquor law training course or provide proof of attendance within the test Ave years SeU,pags 6 of the Liquor Licensing requirements. SECTION 1 This application Is for a: SECTION 2 Type of ownership 0 MORE THAN ONE LICENSE a ❑INTERIM PERMIT Complete Section 5 i 0 J T W R O S Complete Section 6 �, ElNEW LICENSE Complete Sections 48;4.,1X,101;15;16 0 INDMDUAL Complete Section 6 r.:,:, 0 PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6:; Complete Sections 2,3,4, 11, 13, 15, 16 ®CORPORATION Complete Section Y 0 LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO Complete Section 7 Complete Sections 2,3,4, 12, 13, 15, 16 0 CLUB Complete Section 8 0 PROBATEJWLL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections Z,3,4,9, 13, 16(fee not required) 0 TRUST Complete Section 6 0 GOVERNMENT Complete Sections 2,3,4, 10, 13, 15, 16 0 OTHER(Explain) • SECTION 3 Type of license and fees LICENSE#(s):12 ) )I �`9C� '3 / 1 Type of License(s) Restaurant r 2 Total fees attached. $ -7 r APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE) NOT REFUNDABLE. The fees allowed under A.g.S.44-6852 will joe charged for all dishonored checks, SECTION 4 Applicant 1 ,OwnerlAgent's Name Ms Thorley Peter Shaun {4 one name ONLY to appear on license) Last First Middle 2 CorpiPartnership/LL.C..CAP Enterprises Inc. (Exactly as It appears ors Articles of inc.or Articles of Org.) 3 Business Name Feed Bag Restaurant (Exactly as it appears on the exterior of premises) Pi\ 4 Principal Street Location 30 3 5 Phelps Drive Apache Junction Prnal 85220 (Do not use PO Box Number) City County Zip 5. Business Phone 480-983-3521 Daytime Contact 602 538-3247 6 Is the business located within the incorporated limits of the above city or town? ®YES ONO 7 Mailing Address:7455 E Medina Ave Mesa AZ 85209 City State Zip 8 Price paid for license only bar, beer and wine,or liquor store Type $ Type $ c- DEPARTMENT USE ONLY _.c Fees f () 1 C� e, t, Application Interim Permit Agent Change Club Finger Prints$ TOT—_ A OF Ate FEES Is Arizona Statement of Citizenship&Alien Status For State Benefits complete? YES 0 NO t Accept by: ? Date V Lic # f 1_�)_,/ tc' � C..i 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 Interim Permit pursuant to A.R S 4-203 01 2 There MUST be a valid license of the same type you are applying for currently issued to the location 3 Enter the license number currently at the location 4 Is the license currently in use?❑YES❑NO tf no,how long has it been out of use? ru ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION r— 1 , declare that I am the CURRENT OWNER,AGENT,CLUB MEMBER, PARTNER, (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE(circle the title which applies)of the stated license and location z, State of County of r" X . (Signature) The foregoing instrument was acknowledged before me this day of My commission expires on. Day Month Year (Sweetie of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners. EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UCOle1),AN"APPUCANr TYPE FINGERPRINT CARD,AND SI4 PROCESSING FEE FOR EACH CARD. 1 Individual Last First Middle %Owned Mailing Address City State Tip Partnership Name (Only the first partner listed will appear on license) General--mited Last Foist Middle %Owned Madino Address City State Zip _ El ❑ ❑ ❑ ❑ ❑ ❑ ❑ (ATTACH ADDITIONAL SHEET IF NECESSARY) 2 Is any person,other than the above,going to share in the profits/losses of the business? ❑YES ❑NO If Yes,give name,current address and telephone number of the person(s) Use additional sheets if necessary Last First Middle wiring Address City,State,Zip Telephone! 7 r+` /� SECTION 7 Corporation/Limited Uability Co EACH PERSON LISTED MUST suaam'A COMPLETED QUESTIONNAIRE(FORM UC0101),AN"APPLICANT'TYPE FINGERPRINT CARD,AND$24 PROCESSING FEE FOR EACH CARD ® CORPORATION Complete questions 1,2,3,5,6, 7,and 8 0 L.L.0 Complete 1,2,4, 5,6, 7,and 8. . 1 Name of Corporation/L L C CAP Enterprises inc k , ,=. ',1Ia (Exactly as it appears on Articles of incorporation or Arlicies of Organization) 2 Date Incorporated/Organized 1 t/13/2007 State where Incorporated/Organized' Arizona 3 AZ Corporation Commission File No 14083061 Date authorized to do business in AZ. 11/19/2007 4 AZ L L C, File No Date authorized to do business in AZ. 5 Is Corp,/L C Non-profit?0 YES 181NO 6 List all directors,officers and members in Corporation/L L C Last First Middle Title Mailing Address City State Zip Thorley Peter Shaun Pres. 7455 E Medina Ave Mesa,AZ 85209 Thorley Kristine Jolley V Pres 7455 E Medina Ave Mesa,AZ 85209 iNf .rt. (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 Thorley Peter Shaun 50 7455 E Medina Ave Mesa,AZ 85209 Thorley Kristine Jolley 50 7455 E Medina Ave Mesa,AZ 85209 (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 directoriofficer/member /fth., 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 LICO101),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? 0 YES 0 NO 3 List officer and directors Last First Middle Trite 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 (Exacey as It appears on license) Last First tri ddie 2 Assignee's Name Last First MickNe 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 UQUOR 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 UQUOR IS SERVED. -� - SECTION 11 Person to Person Transfer. Questions to be completed by CURRENT UCENSEE(Bars and Liquor Stores ONLY-Series 06.07,and 09). 1 Current Licensee's Name Entity- (Exactly as it appears on Grense) Last First Midas (Inriv Agent.etc.) r 2 Corporation/L L.0 Name. _. (Exactly as it appears on Incense) 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 9 Does the applicant intend to operate the business while this application is pending'? 0 YES 0 NO If yes complete Section 5 of this application,attach fee, and current license to this application 10 I, ,hereby authorize the department to process this application to transfer the (prs i rutl 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 (per AA 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 (Signature of NOTARY PUBLIC) SECTION 12 Location to Location Transfer(Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE I 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 instate applicants 22irchldiailitlOe aoalying for government,hoteijmptel.sag Testaurantlicense$(series 5, 11,and 12): A.R.S.§4-207(A)and(B)state that no retailers license steal be issued for any premises which are at the tme 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 pubic or private school building will kindergarten programs or grades one(1)through(12)or within three hundred(300)horizonal feet of a fenced recreational area adjacent to such school bolding The above paragraph DOES NOT apply to a)Restaurant license(§4-205.02) c)Government license(§4205.03) b)Hoteltnotel license(§4-205.01) d)Fenced playing area of a golf course(§4-207(B)(5)) 1 Distance to nearest school 3°00 ft. Name of school Apex Academy Address 345 W Apache Trail,Apache Junction AZ 85220 City, State,Zip 2. Distance to nearest church 4000 ft. Name of church First Baptist Church Address 235 S Thunderbird Dr Apache Junction AZ 85220 City, State, Zip 0 Purchaser(of 3 I am the El Lessee 0 Sublessee 0 Ownerpremises) 4 If the premises is leased give lessors Name 300 S Phelps LLC Address 7455 E Medina Ave Mesa AZ 85209 ^ City,State,Zip 4a Monthly rental/lease rate$8,000-00 What is the remaining length of the lease 15 yrs mos 4b What is the penalty if the lease is not futt-illed? $1000.00 or other (give details-attach additional sheet If necessary) 5 What is the total business indebtedness for this license/location excluding the lease?$ 15,000.00 Please list debtors below if applicable Last First Misfile Amount Owed Malang Address City State Zip Wells Fargo Bank 15,000.00 P O BOX 348750 SACRAMENTO,CA 95834 (ATTACH ADDITIONAL SHEET IF NECESSARY) 6 What type of business will this license be used for(be specific)?Full Service Restaurant 5 Ato 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(1)year? f] YES ® NO If yes, attach explanation 8 Does any spirituous liquor manufacturer,wholesaler or employee have any interest in your business/ ❑YES 0 NO 9 Is the premises currently licensed with a liquor license? ❑YES ® NO If yes,give license number and licensee's name License# (exactly as it appears on license) Name SECTION 14 Restaurant or hotel/motel license applicants* 1 Is there an existing restaurant or hoteUmotel liquor license at the proposed location? 0 YES ® NO tf yes,give the name of licensee,Agent or a company name and license#. Last First Middle 2 If the answer to Question 1 is YES,you may qualify for an Interim Permit to operate while your application is pending,consult A.R S §4-203 01, and complete SECTION 5 of this application 3 All restaurant and hoteUmotel 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 ® restaurant license, I certify that I understand that I must maintain a minimum of 40 percent food sales based on these definitions and have in• d- the Res - Hotel/Motel Records Required for Audit(form LAC 1013)with this application tiit..:nt's signature As stated in A R S§4-205 02(B), I understand it is my responsibility to con -ct 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 extens writi why the extension is necessary, and the new inspection date you are requesting To schedule your site in sit www.aziiquor gov and click on the "Information"tab cants initials SECTION 15 Diagram of Premises. (Blueprints not accepted,diagram must be on this form) 1 Check ALL boxes that apply to your business Amoilk ® Ertrances/Exits ® Liquor storage areas Patio 0 Contiguous 0 Service windows 0 Drive-in windows ❑ Non Contiguous 2 Is your licensed premises currently closed due to construction,renovation, or redesign? ❑YES El Nor If yes,what is your estimated opening date/ month/day/year 3 Restaurants and hoteUmotel applicants are required to draw a detailed floor plan of the kitchen and dining are ,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 spintous 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 ors rvice windows,or increase or decrease to the square footage after submitting this initial drawing. I i is initials J ellik t"� i rtiN to utagr am )i' r.=f ''a: 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 all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not I I include parking lots, living quarters, etc. When completing diagram, North is up T. 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. - . Cl A ry SECTION 16 Signature Block I, r3i--if e. )t.,,a, , uuir,., _, hereby declare that I am the OWNER/AGEN I filing this (pant full name of applicant) application as stated in Section 4. Question 1 I have read this application and verify all statements to be true, cor ct rid complete (sign t e r app cant listed in Section 4 Question t i �._..,...,.._ State of I . 731\6'.-- County ofcS\-4\..i C. (7t 1 ,6L OFFICIAL SEAL '' 'i KATHY B.RACE to•tom 11 11f3iWPteue-5t%tEOFAitl201M The foregoing instrument was acknowledged before:me this of ��� \ , T f Uay Mnnt `. Year My commission expires on 5 C/ J V Day Month Year � —" signature of Y PUBLIC 7 — AMEND AENT". OR\ Amok SECTION 15 Diagram of Premises 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 all entr4pces, exits, interior-wails, bars, barstools, hi-top-tables, dining,tabies, dining chairs, the kitchen, dacee-#leer, stage-, and-garrrei-4'm. Do not include parking lots, living quarters, etc. When completing diagram, North is up T. If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagra attached' in box provided below. n c-- 3" J F �� '' -3�` � i � � 7 `l- Au\ .../z/V \-1" E^.-+XC _-- _ ' -- ' -- — �d c S� .ram • ' ` l%��� x v I i j .I... _ ;A, a 'AkIrnw --I �� i , __.. NI j_ -) Ir � - o7 S� Jy tiT . - - :01) ic ,,. j, - i :Inr•Kc-ty,r' - �, L ) i $ R I.e. 'fiii•d • �4Q+v. j0.4,..,c� - , T r_1 St i.�r) ( :'xi rt. r) 474.1 '.s1:i t3E 1"..t..f4./1.Ji 1a,1‘45,F /.iJ 0 A SilftS -K. SECTION 16 Signature Block 0; I, PEf•r c.. >i'.++..... 5 4,4:rr i _ , 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, co er pplete X (gign rr At applicant listed In Section 4,question 1) VV State of 1 L Z t:Y"Il'\._ County of h 16-n C 9C"- The foregoing instrument was acknowledged before me this of j A, 2c`�1 V'-&)-..--1((•;' Mw Year My commission expires on �L� i�' �i� i i L'l,�-�--�Day Month Year si cure of NOTARY PUBLIC '1 Heather Troutman AMENDMENT :; M Publ > 4 County, `�•., My Comm.Expires 12-30-2014 SECTION 15 Diagram of Premises 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 all entrapces, exits, interior walls, bars, barstools, hi-top tables, dining,tables, dining chairs, the kitchen, danee-floor, Mager, anti-geTTTeTCmhF1 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 "diagrarr�,attached" in box provided below „N.1-414::*"(..,,,, ..2' .NI., .3V4 --)•"/1 ,/ 7 *41414 .' e,CI4 Qi , %) 6.0 Nit' 0`• i-4-* kif l — 1 / i E -- 472 c(� ( .,J t 1 / V0l� -J.^.L `i,4;1,- SOLa4iail / '. L L F _ 1 { . .a I,t fw r.i :.A-41 4.(.1i'&Q. rtc'?l0w4.S J 7r 1 t;qj � : 3 l 'n `�C 1 i �JE��,us+t j R..1 ttl -'��AWrs r r- ( r 3 i rt.)N ae, irit� EMI.. �Eb<,,0et - L SELI/Wr3 { Com n,C=.0 0'414 114/Scot 0k../..,././ I-leiaS I J,.i, Q1.04St)e$ tcS Nt SECTION 16 Signature Block vi` 00144 1, P +-r 5'-1 ,.., 1 i i1-ice . hereby declare that I am the OWNER/AGENT filing this (print tut name of applicant) application as stated in Section 4, Question 1. I have read this application and venfy all statements to be true, cop', . : p ete X II (' turf 4 applicant listed in Section 4 Question 1) 'tY ((�� ,�,r� State of ( \7 LY\1t County of h " c.t. t \t G~ The foregoing instrument was acknowledged before me this .)12) of 1W 2 u 1 /a:t 1 Year My commission expires on 30 2 7L � f��� /t. 111:\. .----_ Day Month Year signature of NOTARY PUBLIC Heather Troutman • • -- : Notary Public 1=• "`- Ma County,Aran • .., e,• My Comm Expires 12-30-2014 /111 AIM Print Form ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www azliquor gov (602)542-5141 RESTAURANT OPERATION PLAN Amok LICENSE# / { 1 List by Make,Model and Capacity of your Grill Vulkin -3'x 6' Flat top Oven South Bend-4'w X 4'D x 4 H-Convection Freezer McCall- 10 w X 15 d -Walk in Refrigerator Glenco- 10 w X 15 d -Walk in Sink Gemini-Stainless Steel-Total of 5 including dish room Dish Washing ProClean- Double rack Sterilizer Facilities Food Preparation Steam Table and prep Tables are a total of 15' Counter(Dimensions) Other Server prep area has 20'of prep area 3'deep and two cold tables 2 Print the name ofyour restaurant. OAr .a .--aUd` Feed Bag Restaurant - /a 3 Attach a copy of your menu(Breakfast,Lunch and Dinner including prices) CI 4 List the seating capacity for: Amok a Restaurant area of your premises [ 182 b Bar area of your premises I ri J7-11 c. Total area of your premises [ 1 2 5. What type of dinnerware and utensils are utilized within your restaurant? 0 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) D 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) to 'Disabled individuals requiring special accommodations,please call(602)542-9027 00114 OS'2oo9 8 Does your restaurant contain any games or television'' 0 Yes 0 No If yes.specify what types and how many of each type(Televisions,Pool tables,Video Games, Darts,etc) 9 Do you have live entertainment or dancing 0 Yes 0 No eIN (If yes,what type and how often9) L) r. 10 Use space below or attach a list of employee positions and their duties to fully staff your business Owner-Bookkeeper and Repairs K General Manager-Oversee daily operations&schedules 2- Assistant Managers-Assist in Daily Operations-Customer Service S-Servers Service customer needs and requests-Side Work Kitchen Manager-Oversee Daily Operations&Schedules-Inventory 5-Cooks-Cooking,preparation and cleaning l Peter Shaun Thorley _ hereby declare that i am the APPLICANT fling this application i hatie tPnnt full name) read thi .i. :lion and the contents and all statements true corm.'and complete State t,i pl2Tj4jr - tou ity oiAdiaal X I he foregoing instrument was acknowledged before me this (Signature of APPI JC'A's72S day of i k 20 t i �*-- Us}of Month Mon Year My commission expires on Vt.'.20—'2p (�,1, 01.31 (Sign ure of NOTA ;-PUBLIC) Allysna Peterson —_ic , J_.Notary Public Maricape County,Arizona Comm Expires 01-20-2015 ) BREAKFAST LUNCH AND DINNER hort Stack-$3 49 Salads OMELETES & Sandwiches trawberry Pancakes-$4 29 Taco Salad-$7.49/$7.99 lot Cake Combo-$4.59 SKILLETS Pulled Pork-$6 99 Chef-$6.991$7 49 .elgian Waffle-$4 49 Pork Tenderloin-$6 79 Salad&Soup Combo-$5 49 ecan Waffle-$5.79 Green Chili-$7.99!$8.49 Open-Paced Hot Beef-$6 99 Chicken&Fruit Plate-$7.99 trawberry Waffle-$5 29 Veggie-$7.9948 49 Open-Faced Hot Turkey-6.99 Chicken Ceasar-$7 99 b'allle Combo-$5 49 Country-$7 99/$8 49 Chicken Sandwich-$6 79 Crispy Chicken-$7 49/$7 99 rench Toast-$3.99 Meat Lovers- $7.99!$8.49 French Dip-$6 79 rench Toast Combo-$5.29 Ham&Cheese- $7.9938 49 Roast Beef Melt-$6.49 Burgers ) ,o Carb-S5 49 Ultimate Feed Bag-$7 99/S8 49 Half Sandwich & Soup-$6.49 :anch Egg Plate-$3.99 Sante Fe- $7.99/$8 49 Phi11y-$7 29 Western Burger-$7 99 Icon& Eggs-$6 29 Bacon Turkey Melt-$7.49 Cowboy Burger-$6 79 ,ausage Pattie &Eggs-$5 99 KIDS Pattie Me11-$6.29 Chili Burger-$7.99 ausage Links & Eggs-S6 29 Rueben on Rye-$6 99 Ultimate Cheese Burger-$6 99 lam& Eggs-$5 99 Hot Cake-$1.99 BLT-$6 49 1/3 lb. Burger-$5.99 lam Lovers-$7 99 Strawberry Cake-$1.99 Club Supreme-$7 99 thicken Fried Steak-$6 79 French Toast-$1 99 Club Melt-S7 29 Steaks pork Chop& Eggs-$7 99 Diced Ham&Sc Eggs-$1 99 Chicken Wrap-$6 99 'orn Beef Hash& Eggs-$6.49 Junior Breakfast-S 1.99 10oz Ribeye-$15 99 op Sirloin8oz&Eggs-$8 99 Dinner Entréesfop Sirloin-$12.99 ;ggs Benedict-$7.99 l0oz New York Strip-$16 99 southwestern Fajita-$6.79 Chicken Strips-$7 29/$7.49 Chicken Fried Steak-$7 49/$8.49 liscuit & Gravy Combo-$4 79 Chicken Fajita-$8.99 Ham Steak-$8.99 )ne Biscuit& Gravy-$2.59 Meatloaf-$7 29/$8 49 'wo Biscuit& Gravy-$3 79 Chuckwagon-$8.99 Fish ) luevos Rancheros-$6 99 Pork Chop-$7 99/$9 49 lreakfast Burrito-$6.99 Pork Cutlet-$8 99 Alaskan Cod-$10 99 +Green Chili .75 CA11480-983-352 i Liver&Onions-$7.49/$8.99 Tilapia-S7 49/S9.99 QQ� Open Daily 6 am to 9 pm Half Fried Chicken-S10.49 Salmon Steak-S10.99 y: Stuffed Grilled Burrito-$8 99 Deep Fried Shrimp-$10 99 iiiii Navajo Taco-$6.49 Let Us Cater Your Next Monterey Chicken-$8 99 Pasta Event! !p=ii •Dii •.b.l i 2 ,i'0iiiighetti&Meatballs-$7 99 Chicken Alfredo-$9 99 **Price&Selection are Subject to Pork Cutlet Parmesan-$7 99 APACHE JUNCTION,AZ WiFi Available Change..... Thank You KIDS MENU -fl a0- M 2 AAA/ Grilled Cheese-$2.99 Spaghetti-$3.49 480-983-3521 Chicken or Corn Dogs-$2 99 300 Phelps Drive Apache Junction, AZ 85220 Macaroni & Cheese-$3 49 Hamburger-$2.99 ) APPETIZERS i ! ? Chicken Wings- (6) $4.99 (12) $8 99 (18) $11.99 4 Potato Skins-$5.99 Cheese Crisp Ole-$5.99 Cheese Stick-$5.99 M a e X Fried Zucchmz- 6 -$3.49/ 12 $6 29 � Spinach Dip-$5.99 3011aCK2101C1 Onion Block-$5.79 APACHE JUNCTION, AZ l'ag? -8'•7 050 Open 6 am to 9 pm Daily IPW APACHE JUNCTION.AZ Call 480-983-3521 Open 6 am to 9im Daily ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix,AZ 85007-2934 www azhquor gov (602) 542-5141 RECORDS REQUIRED FOR AUDIT SERIES 11 (HOTEVMOTELW/RESTAURANT AND SERIES 12 (RESTAURANT) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the Department any documents necessary to determine compliance with A.R.S. §4-205,02(G), Such documents requested may include however, are not limited to. 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises 2. A list of a!!food and liquor vendors t-= 3 The restaurant menu used during the audit period 4 A price list for alcoholic beverages during the audit period c2`; 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) r-� 7 Monthly Inventory Figures - beginning and ending figures for food and liquor =._h 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 LiclO13 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 vanes 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 4an reasonable request all invoices, records, bills or other papers and documents relying 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) N• For the purpose of this section r" 1. Restaurant" means an establishment which derives at least forty percent (4.6%) 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) .-, I if"0k,;.c-+ ifL r:.,, <Ji,x/ , Last First Middle have read and fully understand all aspects of this statement �.i .`�. KATHY SEAL R E State oil,, t ti-Un County of�� }-\. \ (j , `�...+ ,_'�; ' ' °F"^Q°� The foregolrument was acknowledged before t this r- / t....-�� .bons wo�a.z+na t. � V4 ' —.dayof . �r \\ ,A:; ` (Signature of Licensees Day Mont1 Q Year I 1.--'\..--1 > ,.. f. ..\ 2 12A My commission Expires on.e :1 , ( � 1 C Gay Mitt. Year 1Sgnature of °TARY PUBLb_i MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YO R DLLC RECORDS ARIZONA DEPARTMENT OF UQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 a QUESTIONNAIRE t°C) "` t Attention all Local Governing Bodies. Social Security and Birthdate Information is Confidential This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view ,ice 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 or subsequent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON AGENT OR MANAGER EACH PERSON COMPLETING THiS FORM MUST SUBMIT AN APPLICANT TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT DLLC FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY DLLC THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE Effective 10/01/07 there is a S24.00 Processing fee for each fingJnrint card submitte4. Liquor Licens # The fees allowed t?y A.R.S.8 44-6852 will be charged for all dishonored checks, J . / `C-� 1 (e location is currently licensed) i Check ®Controlling Person QAgent 0 Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions gam#14,14e&21) box --0. Controlling Person or Agent must complete#21 for a Manager Controlling Person or A ent must corn leke#21 2 Name Thorley Peter Shaun Date of Birth. Last First middle elm a Public Record) 3 Socal Security Numbe. Dnvers License el.. State:AZ (NOT a public record) (/lOT a public record) 4 Place of Birth Cedar City UT USA Height 6'4" weight 215 Eyes I-iAZ Hair BRN Crty Stale Country (not county) 5 Marital Status ❑Single R Married❑Divorced 0 Widowed Daytime Contact Phone 602-538-3247 6Name of Current or Most Recent Spouse Thorley Kristine Jolley Date of ElrtiIII__ _ (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden (NOT a public record) 7 You are a bona fide resident of what state? Arizona If Arizona,date of residency 11/30/1999 3 Telephone number to contact you during business hours for any questions regarding this document 602-538-3247 9 If you have been an Arizona resident for less than three(3)months.submit a copy of your Arizona drivers license or voter registration card 1 0 Name of Licensed Premises Feed Bag Restaurant Premises Phone 480-983-3521 i 1 Physical Location of Licensed Premises Address 300 S Phelps Dr Apache Junction Pinal 85220 Street Address So not use PO Box#) City County Zip 12 List your employment or ty,e 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 MonthiYear Month/Year OR BUSINESS istreet address city state&zip) 11/2007 CURRENT Accounting Services Online Accountants Inc 7455 E Medina Ave Mesa AZ 85209 08/2002 11/2007 Senior Accountant Kaibab industries Inc 2999 N 44th Street, Suite 425 Phx AZ 85018 ATTACH ADDITIONAL SHEET iF NECESSARY FOR EITHER SECTION 13 Indicate your residence address for the last five(5)years FROM TO Rent or RESIDENCE Street Address Mantfn'Year Month/Year Own If rented attach additional sheet web name,address and phone number of landlord City State Zip 11/1999 CURRENT Own 7455 E Medina Ave Mesa AZ 85209 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? (:) S42/NO if you answered YES,how many hrslday? .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 El,NO ordinance, regardless of the disposition. even if dismissed or expunged within the past ten (10)years (include only traffic v►olations that were alcohol and/or drug related)? 16 Are there ANY administrative law citations,compliance actions or consents, cnminal arrest. indictments 0 YES E 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 0 NO EVER had a business. professional or)iauor application_or license rejected denied.revoked.suspendeq or fined in this or any other state? 18. Has anyone EVER filed suit or obtained ajudgment against you, the subject of which involved fraud or OYES Ci NO misrepresentation? /ie . ; 19 Are you NOW or have you EVER held ownership been a controlling person been an officer, member To ES; i0 director or manager on any other liquor license in this or any other state? i.", If any answer to Questions 15 through 19 is"YES'YOU MUST attach a signed statement r,, Give complete details including dates,agencies involved, and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WiLL NOT BE ACCEPTED 20 I, Peter '' 1ioriey • hereby declare that i am the APPUCANTOREPRESENTATiVE (print full name of Applicant) filing this qu noire I have read this questionnaire and all statements are true correct and complete _ ___ State of O 'L I '2^�v 1 161 County of ��C 1+ v i x'( Signature of Applicant) The foregoing instrument was acknowledged before me this _ y day of M LAN t11 �Manth Year 7 I .Ma.' issifi6,�,4r�a,a `1 �1'' �' t C4���' Li�6 YaMleeps COmi* )ay Md:'i Year iSgnature of NOTA.RYPJBLic1 1.aT a*Mir Coirmr►.boons Mir it 101 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 iSggnature of NOTARY PUBLIC) Print Name My commission expires on A x 4 )11. ri-ii 25 LIT tic. 7..,.112e,-2 ,.. J..) ii .1 ,J ... 1 i I A r I C N ,.. 11 4 ..., ..... \n,, .„ , -op -, / ...e n V Q\ - < - 4 r..., 4. 1 -i i P i ,":1 g r 0 k 4- ,,.. . -,k - --, i. --- 1 / C . .? .I. t 1 IS , "4t i', .43 CI. 11 ,.. . .'. CI ? it*rl 4 ,. ..4? .9 4., C C) Print Form v1 ARIZONA STATEMENT OF CITIZENSHIP AND ALIEN STATUS FOR STATE PUBLIC BENEFITS Professional License and Commercial License9.41 nt of Liquor Licenses and Control Department y r,; Liquor License* /L 1 I Ownership Name t) (as listed on the current liquor license application or renewal application) Tide IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"). g U S C § 1621. provides that, with certain exceptions, only I nited 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 Statt public benefit Arizona 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 1, II, and IV Applicants wbo are not U.S. citizens or nationals must also complete Section ill 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 APPLICANT S NAME(Pent or type)Peter Shaun Thorley — DATE0512512011 TYPE(71• APPLIC A LION(check one) X (NI r7AL APPLICA I ION RENEWAL. TYPE OF LICENSE 12 Restaurant SECTION II ---CITIZE_NSH IP()R NATIONAL STATUS DECLARATION Directions Attach a legible copy of the front,and the back(if any) of a document from the attached List A or other document that demonstrates L S citizenship or nationality Name of document provided Birth Certificate _ T A Arc y ou a citizen or national of the United States'(check one) X Yes No 13 If the answer is"Yes,' where were you born} Iasi city,state(or equivalent) and country City Cedar City State(or equivalents,UTAH _ C.ountry or Territory USA If you are a citizen or national of the United States,go to Section It If you are not a cttrzen or national of the United States,please complete Sections iII and IV DLLC 2/20/09 AG 1 li08'07-81662 Page i of 7 OIS 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 front.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 pros ided "Qualified Alien"Status(8 U S C§§ 1621(a)(1),-16.11(b)and(c)) Q I 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 LNA Q 3 A refugee admitted to the United States under Section 207 of the NA Q4 An alien paroled Into the United States for at least one year under Section 212(dX5)of the IN A Q 5 An alien whose deportation is being withheld under Section 243(h)of the NA Q 6 An alien granted conditional entry under Section 203(aX7)of the LN A as in effect pnor 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 extreiae cruelty in the United States Nonimmigrant Status(8 U S C§ 1621(a)(2)) r,} Q 9 A nonimmigrant under the Immigration and Sationality Act[8 U S C § 1101 et seq] Nontmmigrs are persons who have temporary status for a specific purpose See 8 U S C § 1101(a t 15). Alien Paroled into the United States For Less Than One Year(8 L SC a 1621taX3)) Q 10 An alien paroled intn the United States for less than one year under Section 212(dX5)of the IN A rt.) Other Persons(8 1. S C§ 1621(c)(2)(A)and(C)) ❑ 11 A nonimmigrant whose visa for entry is related to employ ment in the United States,or ❑ 12 A citizen of a freely associated state if section 141 of the applicable compact of free association appro.%ed 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 USC § 1901 eryeq I, OIN ❑ 13 A foreign national not physically present in the United States Otherwise Lawfully Present(A R S 1-501) ❑ 14 A person not described in categories I—I 3 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 lteensure Seep 8 U S C § 1621(a) SECTION IV—DECLARATiON All applicants must complete this section I declare under penalty of penury under the laws of the state of Arizona that the answers 1 have given arc true and correct to the best of my knowledge Page 2 of 7 ^: Sia (a2,t A LIC NT'S SIGNATURE TODAY'S DATE Attachment Lists A and B Evidence of U S Citizenship,U S National Status,or Alien Status, DLLC 1l15109 AG 11108l07-816E+2 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 Ctt:zcnship and Immigration Service,formerly,the U S Immigration and Naturalization Service(INS) [Source Proposed Rules,Verification of Eligibility for Public Benefits,8 CFR§ 104 21,63 FR 41662-01 August 4, • 1998),and interim Guidance of Verification of Citizenship Qualified Alien Status and Eligibility Under Title 1Vrof the Personal Responsibility and Work Opportunity'Reconciliation Act of 1996("Interim Guidance").62 FR 613 (Nov 17, 1997),Attachment 4) Evidence showing U.S.citizen or L S.national status includes the following: r- 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(I S-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 L S citizens Its ing 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 Nos ember 3, 1986), (8) Statement provided by a U S consular official certifying that the individual is a 1. 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) 1 orin 1-872(or prior versions),American Indian Card with a classification code"KIC"and a statement on the back identifying the hearer as a U S citizen(issued by the Service to IJ S.citizen members of the Texas Band of Kickapoos living near the U S 'Mexican border) (Source Interim Guidance of Verification of Citizenship,Qualified Alien Status and Eligibility Under'I isle 1Y'of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996('Interim Guidance'),62 FR 61344 (Nov 17, 1997),Attachment 4) b. Secondary Evidence It the applicant cannot present one of the documents listed in(a)above,the following may be relied upon to establish L 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 Jaruary 13, 1941),Guam,the U S Virgin Islands(on or after January 17,1917),American Samoa,or the Norinem 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 3of7 i il ,' . . 4233 • et UTAH `IiTATc.rccA — -__ i JAN , . iU,t CERTIE'ICATI: or LWE •IltT= �C REGISTRAR[HO ./f 1 ►LAC[0/SMITH 2 USUaL R[M[C I SF*O THER(Wlere den AWAIT lush 1 • CDJilr• Iron . STATE Utah E OOUMry Iron 0 CITY TOWN.OR LO ATION t CITY TOWN,OR LOCATION Cedar City Cedar City 11 c NAME Of (7/sit is AN/q(,'Le street affirms) d STREET ADDRESS IC r o o a e$S € OR 'ITUT Valley View Medical Center 507 South 300 West d is PLACC OP RIRTN RISIOC CITY LIMIT'S? a IS RESIDENCE MslOOE CITY LIMITSI a IS RESWCNC[ON A IA RAN .... S NO❑ YES! No O YES O NO 0 3_RAM fbv Mlddh. Lost 9 A,;;°' Peter Shaun Thorley _Z is 4 SEX S. TN15 MATH Sb Ir LET Twin OR TRIP WAS CHILD ROAN 0 1- DATE Afoot* D Yes/ " Ma 1 e sioGLE® TWIN 0 TRIPLIT 0 1ST 0 20 Q )O 1 mitre ! 1 7 NAVE Tire inter Las, ` Howard Macfarlane 1. ° Thorley White € + !. 2 ` 9 AGE(At Holt yAii WL) 10 BRTH►LACE(Staff orebrelpa armlet) I Is USUAL OCCUPATION 11b KINDEN IN SNESS OR INDUSTRY • i 36 YEARS Cedar City, Utah Automobile Deale Automobiles ./ 11 Ic "r MAtOEN SAML Fri Middle Lew 17 COLOR OR RACE If i Treva Peg Bulloch White a It; 0= it AGE (Al tints of MUDir/A) IS WITHPLACE(SIN(or/OONiOa.s4A11P) 16.PREYgUS DEUVE/11CS TO MOTMEI(Do NOT IMON&NU WO )1 35 ?EARS Cedar City Utah . Nw ..,. A.xw�.a,oru:R eA. Nw.»..rwal...IA. wre.�. OTNLR.Adiea dw.rw A...1:../.,I-- Vewn Ar•s.+P.1 .A'Y 17 INroe I 5 S I CAyuRE/ �/ �^'rim � M fit/ .R�wrs/rIi ,a� ' 4 1 U .1.19 MOTHER S NAILING ADDRESS 1 507 South 300 West, Cedar i Ut3h 7 N° [IMIATYRL! 1N ATTEREAYT AT IMTN Ieeelf Itrl Asi 1 Ibis tag g .4M pg.. D o O (Doan a OTHER(spec( iVW born ohm on air deft lit ADDRESS i I`L t[f DATE SIGNED li :3ra,m. 2 :, �� T s_ t; t1 x,✓~� /- 4 tr.-C y I 9 TT RCCO SY LOCAL REG 20-SEC TRAR'S SIGNATURE 21 DATE ON We101 GIVEN NAME ADDED .+ut.,-ltt6 gt'/* l "GE r�-;,/i Q_ . 1114.11-11.e O [T (aorta.so i s This is to certify that this is a true copy of the certificate on file in this office This certified copy le issued ii under authonty of section 28 2-22 of the Utah Code Annotated 1953 As Amended I !I0at5ued :11Ali:0F .16 Barry E Nangle TO 114 �$�r' pry �' DIRECTOR OF VITAL RECORDS kII( ' iJ ' VA 0. FEB i 7 2000 `' ii f�` II � z' SLr. Q13411 iU , 11ifii I d1111. Ip ',s'' r�'` 9 9 I :A`+.- „.„--' 4,--WART IMG IT IS'LAICAL TO DUPLICATE THIS GQPY FOR OFFICSAL i't : - + ...."` 's - �'.'r ,„. t - r 1 _ ANY ALTERATION OR ERASURE VOQIS THIS N I Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor r Phoenix,Arizona 85007 r-- www.azliquor gov ' 602-542-5141 r i tit CERTIFICATE OF TITLE 4 TRAINING COMPLETION Do Not Duplicate this Form r. Certificates must be completed by a state-approved training course provider,in black ink,on an original form' Peter S Thorley �, (please print). Sig e 05/17/2011 14 36 CST Training Completion Date Type of Training Completed(check Yes or No) ❑Yes ❑ No BASIC ID Yes Cl No ON SALE , 05/17/2016 14'36 CST El Yes ❑ No MANAGEMENT rr❑Yes ❑ No OFf SALE Certificate Expiration Date ❑Yes ❑ No BOTH lJ Yes ❑ No OTHER (MANAGEMENT 5 years from completion date) (BASIC 3 years from completion date) If Trainee Is Employed BxA Licensee Peter S Thorley Name of Licensee Business Name Liquor license Si Alcohol Training Program Provider Information 360training corn Inc Company at Individual Name(please print) 13801 Burnet Rd Suite 100 Address Austin TX 78727 ( 888 ) 360 8764 City State Zip Daytime Contact Phone d i certify the above named incrvidual has successfully completed the training specified above in accordance with Arizona Revised Slat Lie Arizona Administrative Code,and the training course curriculum approved by the Department of liquor Licenses and Control April Thomas f, Name of Trainer!please print) JJ, �, ?41Vib 05/17/2011 14 36 CST ! Trainer Signature Date Pursuant to AR.S.y 4-1 i 2(G)f2) mandatory Title 4 liquor law training is required prior to the issuance of all new liquor license applications submitted after November 1,1997 The personsis)required to attend both the BASIC and MANAGEMENT Title 4 liquor law training,on or off sale will include al of the following Owner(s) Ucenseelagent or managers)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 managers questionnaire and.'or agent change for an existing liquor license proctor attendance forthe BASIC and MANAGEMENT Title 4 liquor law training Ion or off sale)is required I I 8r20U9 pisabied individuals requiring special Firm rimodabons pkase cal(602)542-9027 1 Ink illui. Print Form ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL / 800 W Washington 5th Floor 7. 7.. : 'i.i ;Pi oenix AZ 85007-2934 L $..7 (602) 542-5141 }�f"'1 - u1 2 C QUESTIONNAIRE Attention all Local Governing Bodies Social Security and Birthdate Information is Confidential. This information to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable p or t sting 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 or subsequent revocation of a license or permit 1 O BE COMPLETED BY EACH CONTROLLING PERSON AGENT OR MANAGER EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT"TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT DLLC FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY OLLC THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE Effective 10/01/07 there is a S24.00 processinu fee for each fingerprint card submitted. Liquor License # The fees allowed by A.R.S.§44-6852 will be cha ed for all dishonored checks. / v--/ the location is currently licensed) 1 Check J Controlling Person El Agent (l Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions except#14,14a&21) box —O. Controlling Person or Agent must complete#21 for a Manager Controlling Person or A ent must complete#21' 2 Name Thorley Kristine 3 Date of Beth Last First (MOTs Public Record) 3 Social Security Number Drivers License#111111111 Stater (NOT a public record) (NOT a public record) 4 Place of Birth Cedar City UT USA Height 5.6" weght. 180 Eyes Haz HairBrown City State Country (not county) 480-232-8590 5 Marital Status ❑Single I Married❑Divorced U Widowed Daytime Contact Plume 6 Name of Current or Most Recent Spouse money Peter S .,.,.... Date of (List all for last 5 years-Use additional sheet if necessary) Last First Waddle Maiden (NOT a public record) 7 You area bona fide resident of what state? AZ If Anzona date of residency 11/1999 8 Telephone number to contact you during business hours for any questions regarding this document. 480-232-8590 9 If you have been an Arizona resident for less than three(3)months submit a copy of your Arizona drivers license or voter registration card 10 Name of licensed Premises - r t S 1c'-¢...,».y`.t Premises Phone L(tsi. i E s ,, 11 Physical Location of Licensed Premises Address 7,L: S ,2'-+rJh O.i. Auld(-I,4'..' #.4 .i( t•`;..?).- Street Address (Do riot use PO Box%) City County Zip 12 List your employment or tyre of business during the past five(5)years If unemployed part of the time,hat 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,slate 6 zip) 11/2007 CURRENT Staff Online Accountants inc 7455 E Medina Ave Mesa AZ 85209 08/2003 11/2007 Paraprofessional Gilbert Public School Distnct 140 N Gilbert Rd Gilbert AZ 85296 — ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTIONS 13 Indicate your residence address for the last five(5)years. FROM TO Rent or RESIDENCE Street Address MrntlVrear Month/Year Own it rented attach additional sheet with name address and phone number of landoid City State Zip 11/1999 CURRENT Own 7455E Medina Ave Mesa AZ 85209 I i UC 0101 91242009 -a Disabled individuals requiring special accommodations,please can the Department.(602)542-9027 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 hrsiday? and answer#14a below if NO skip to#15 14a Have you attended a OLLC-approved Liquor Law Tviinrng Course within the past 5 years' (Must provide proof) OYES 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 O YES D 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 ❑YES E 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 L.,'NO EVER had a business, professional or liquor application or license rejected.denied.revoked.suspended olfilito 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 ,J NO misrepresentation? 19 Are you NOW or have you E ER held ownership,been a controlling person, been an officer,member, (YES LINO director or manager on any other Iiouor license in this or any other state? If any answer to Questions 15 through 19 is"YES'YCaU MUST attach a signed statement Give complete details including dates,agencies involved,and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED, . 20 I, Kristine J Thorley , hereby declare that i am the APPLICANT/REPRESENTATtVE (pnnt full name of Applicant) filing this qu tionnaire I hay 'read thi ;questioJ/nnaire and all statements are true, correct and complete X State of ! I - � (.1 County of (•' I f_,G' ):1 ( tura��A3S(odKaM} The torogong rosin meat was acknowledged befo%me this day of f1(, 1 cif. NiCOLE Malt* n Month Year PIS iSSNP ct a ./,`? v�; :214) 1i- ' �v - C j I ` � xpirccio Month Year (Signature of NOTARY PUBLIC) i'a s#Oily Comm.Eaptns OW 25,2013 COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authonzes 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 Ptel IC) Print Name My cammission expires on Day Month Year ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL '; 800 W Washington 5th Floor 0 -- -- -` Phoenix AZ 85007-2934 �` , �r), - ..,.. (602) 542-5141 ` t?Dora,� Lo_U_'6 QUESTIONNAIRE r Attention all Local Governing Bodies Social Security and Birthdate Information is Confidential. This information ven local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable • 'or t ti g 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 or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON AGENT OR MANAGER EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED AT DLLC FINGERPRINTING MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY DLLC THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE Effective 10/01/07 there is a $24.00 processing fee for each fingerprint card submitted, �Liquor/Len e #�. The fees allowed by A.R.S.6 44-6852 will be charoed for all dishonored checks. / r c.✓f7 C/ (if lb*location is currently licensed) 1 Check 0 Controlling Person ❑Agent ® Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions except#14, 14a 8 21) box —4 Controlling Person or Agent must complete#21 for a Manager Controlling Person must complete#21 2 Name Arnold Allen John Date of Birth Last First Middle (MOT a Public Record) 3 Socal Secunty Numbe Drivers License ANN. State AZ (NOT a public record) (NOT a public record) 4 Place of Birth Phoenix AZ USA Height 5'10" Weight 150 Eyes Bm HalrBm City State Country (not county) 480 773-0691 5 Marital Status 53 Single❑Married 0 Divorced 0 Arrdowed Daytuiie Contact Phone 6 Name of Current or Most Recent Spouse Date of Birth / / (List all for last 5 years Use additional sheet Et necessary) Last First Middle Maiden (NOT a public record) 7 You are a bona fide resident of what state' AZ If Arizona,date of residency loll a11970 8 Telephone number to contact you during business hours for any questions regarding this document 480-773-0691 9 If you have been an Arizona resident for less than three(3)months submit a copy of your Arizona drivers license or voter registration card oak Name of Licensed Premises Feed Bag Restaurant Premises Phone 480-983-3521 i 1 Physical Location of Licensed Premises Address 300 S Phelps Dr Apache Junction Pinal 85220 Street Address (Do not use PO Box*I City County Zia 12 List your employment or type of business during the past five;5)years If unemployed part of the time;list those dates List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year MonttvYear OR BUSINESS (street address city stated zip) 09/10 CURRENT General Manager Feed Bag Restaurant 300 S Phelps Dr Apache Junction AZ 85220 03/10 09/10 Server Logan's Roadhouse, 2649 South Market Street, Gilbert AZ 85295 02/09 03/10 Server Red Sage Restaurant 8330 E Sunrise Sky Dr Gold Canyon AZ 85119 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION i 13 Indicate your residence address for the last five(5)years FROM TO Rent or RESIDENCE Street Address • MonttVYear Month/Year Own If rented.attach additional sheet with name.address and phone number of landlord City , State, Zip 07/1998 CURRENT Own 131 N 88th St Mesa AZ 85207 gmolovment History From To Position Employers Name&Address Block Buster, 5301 S Superstition Mountain Gold Canyon.AZ 85218 Sep-08 Feb-09 CSR Mar-07 Sep-08 Unemployed - I A., - c< ,I Jan-06 Mar-07 Data Tech Corn LinkNor eI\ 2443 W 12th St#6 Tempe AZ 85281.6934 Jan-05 Dec-05 Server Red Sage Restaurant, 8330 E Sunnse Sky Drive Gold Canyon AZ 85118 • i-� 141 is r= ice► Auk if you checked the Manager box on the front of this form skip to#15 14.As a Gontrotling Person or Agent,will you be ph ically present and operating the licensed premises? 12 YES ONO If you answered YES,how many hrslday? ,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) 12 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 C]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)? , 6 Are there ANY administrative law citations, compliance actions or consents, criminal arrest, indictments O YES 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 CD NO EVER had a business professional or liquor application or license rejected.denied.Te_voked, uisPended. 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 DYES [;NO _misrepresentation? 19 Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, 'TOYES E NO director or manager on any other liquor license in this or any other state? is If any answer to Questions 15 through 19 is"YES"YOU MUST attach a signed statement Give complete details including dates, agencies involved, and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED; Allen John Arnold 23 I, , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire I have read this questionnaire and all statements are true. correct and complete X __ -` ...............__-- State of AL/zQ/ICC County of , ne„l (Signature of Applicant) The foregoing instrument was acknowiecged before me this day of i , r2/17J Auk Year ftl 4"464.1 My �s =n expicwr c44'_--- �.1 o^ ,� 1r t,�,�ref� �liYw���� Dayt Month Year - ( ig of NOTARY PUBLIC) 4 110 Constmium 10.40 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 {],;r� ,�, � State of County of_�a 1„t�.�Jt„�, The foregoing msaurnent was acknowledged before met thisth X day of N � j I Signatu o trolling Person or Agent(code one) """1" Y ar Peter aty�Tllorley a PUBLIC) Print Name „yeti,Peterson My commission expires on Notary Public 1.117r Maricopa County,Ar¢ona My Comm Expires 01-20-2015 Arizona Department of Liquor Licenses and Control 800 West Washington, 5th Floor Phoenix,Arizona 85007 www.azliquor gov 602-542-5141 -c, CERTIFICATE OF TITLE 4 TRAINING COMPLETION r„ Do Not Duplicate This Form Certificates must be completed by a state-approved training course provider,in black ink,on an original foam. Allen J Arnold ! = Ful(`Narner�please p`riinty / Signature 05/20/2011 15 13 CST Training Completion Date Type of Training Completed ;check Yes or No) C Yes C No BASIC 0 Yes C No ON SALE 05/20/2016 15.13 CST D Yes n No MANAGEMENT ❑Yes C No OFF SAE E Certificate Expiration Date U Yes ❑ No BOTH ❑ Yes C No OTHER MANAGEMENT 5 years from completion date; I BASIC-3 years from completion date} tt Trainee is Employed lly A licensee Allen J Arnold Name of Licensee Business Name Liquor License Alcohol Training Program Provider Information 360training corn Inc. Company or Individual Name Iplease print) 13801 Burnet Rd. Suite 100 • Address Austin TX 78727 t 888 j 360 8754 City State Zip Daytime Contact Phone ir 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 currkulum approved by the Department of liluor Licenses and Control ,/, April Thomas (211/11 Name of Trainer(please print) .�''r �Y 05/20/2011 15 13 CST Trainer Signature Date Pursuant to AR.S.§41 i7(Gt,2t 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(sl required to attend both the BASiC and MANAGEMENT Title 4 liquor law training on-or off-sale will include al of the following: (Dwrterts) Licensee/agent or managerts)actively involved in daily business operation A valid inot 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 ikense proof of attendance forthe BASiC and MANAGEMENT Title 4 liquor law training(on-or off-sale,is required _ • rdy 4 9-1,4W/eh& "� Mine of the Supers tit ion ?Mountains 4 Zpti NOTICE The attached application for a New License. Corporation, Restaurant Liquor License submitted for Feed Bag Restaurant located at 300 S Phelps Drive, Apache Junction, Arizona, was posted on the 1st day of June, 2010, at 2.30 pm 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, June 21, 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 • TDD(480)983-0095 •www aJctt} nc1 106 F Superstition l3ouletard. Apache Junction Al 84219 ¢Q pCHF } Home of the Superstition Mountains q p OP. June 1, 2011 Peter Shaun Thorley Feed Bag Restaurant 7455E Medina Avenue Mesa, AZ 85220 Dear Mr. Thorley Please be advised that the application for a New License, Corporation, Series 12 Liquor License submitted for Feed Bag Restaurant, located at 300 S. Phelps Drive, Apache Junction, Arizona, was posted on June 1, 2011, in accordance with State law. The Apache Junction City Council will hold a public hearing on June 21, 2011, at TOO 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, June 8, 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 Sinc rely, -,-- .k2_-,(_-t�-4,, /--- fir Kathleen Connelly City Clerk • Voice(480)982-8002 • FAX (480)982-7018•IDD(480)983-0095 •www.ajcity.net 300E Superstmon Boulevard, Apache Junction.AZ 85219 Asok. AO Ilk PSI N rL ' Q c. 1914Wi2e'jf1414414911/ V Home of the Superstition Mountains 441 ON Asim MAY 31, 2011 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK \ FROM JAN MASON, DEPUTY CITY CLERK •_'=f'‘v-- SUBJECT APPLICATION FOR LIQUOR LICENSE FOR FEED BAG RESTAURANT Mr. Peter Shaun Thorley has submitted an application for a New License, Corporation. Senes 12 Liquor License for Feed Bag Restaurant located at 300 S Phelps Drive, Apache Junction. Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, June 8, 2011, in order for this item to be on the agenda for the City Council meeting of June 21, 2011 • Voice(480)982-8002 • FAX (480)982-7018 • TDD 1480)983-0095 • wwN ajcll% net 300 F Superstition Boulevard Apache Junction AZ 85219 Janet Mason From Yanet Ochoa Sent, Friday,June 03. 2011 1 58 PM To: Fred Baker, Janet Mason Subject RE Feed Bag liquor license Planning has no objections The use is allowed under CB-2 zoning district 11Agee OC404 Assistant Planner 300 E Superstition Blvd City of Apache Junction yochoa@a jcity,net (480)474-2636 From: Fred Baker Sent: Wednesday,June 01, 2011 2.42 PM To: Yanet Ochoa Subject: FW Feed Bag liquor license Y I From:Janet Mason Sent: Wednesday, June 01, 2011 1 38 PM To: Brett Jackson, Fred Baker; Dave Montgomery(dave.montgomery4a}fire.org) Subject: Feed Bag liquor license Due to their changing out my computer I am unable to scan anything It should be ready by tomorrow As a result,the liquor license application has been forwarded to you by interdepartmental mail You can email your responses back to me Please have your response to me no later than Wednesday,June 8 so that this can be on the June 21 meeting Thanks Jan Mason Deputy City Clerk 1 Administrative Lieutenant - Bureau of Patrol SUBJECT Feed Bag Restaurant Application for Liquor License TO Kathleen Connelt City Clerk f FROM Lieutenant Brett Jackson THROUGH Captain Arnold Freeman The Feed Bag Restaurant 300 S Phelps Dr Apache Junction sets among other restaurants and organizations who currently posses liquor licenses According to Police Department records there are no significant or serious calls for service at the Feed Bag Restaurant Peter Shaun Thorley the applicant has had no contact with the Apache Junction Police Department In addition Kristine Jolley Thorley and Allen John Arnold who are also named in the application have had no contact with the Apache Junction Police Department Therefore the Apache Junction Police Department has no objections to the issuance of this new restaurant based liquor license CFAI OVA Apache Junction Fire District a �= 565 North Idaho Road, Apache Junction, AZ 85119 PROUDLY SEHVING 7 A f YE•E.n, �` Phone (480) 982-4440, Fax (480) 982-0183 ais.M www.ajfire org \ \/ /'1 MEMORANDUM TO Kathleen Connelly, City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 851 19 FROM Dave Montgomery, Deputy Fire Chief/Fire Marshal UK DATE: June 6,2011 SUBJECT Liquor License Application—Series 12 Feedbag Restaurant,300 S.Phelps Drive,Apache Junction,AZ. 85120 The Apache Junction Fire District recommends approval of the above noted application for a Series 12 Liquor License at 300 S Phelps Drive for the Feedbag 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 Ask ROLL CALL VOTE NOTE : Aomik it ill ITEM # 1 MEETING OF rjx, MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY v / VICE MAYOR DIETZ V COUNCILMEMBER SMITHSON V COUNCILMEMBER WILSON V COUNCILMEMBER COLEMAN ✓ COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL �; • • ITEM NO. 14 I MOVE THAT THE APPLICATION FOR A NEW LICENSE, CORPORATION, SERIES 12 LIQUOR LICENSE FOR THE FEED BAG RESTAURANT, SUBMITTED BY PETER THORLEY, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL Administrative Lieutenant - Bureau of Patrol June 15, 2011 SUBJECT La Casita of Apache Junction Application for Liquor License TO Kathleen Connelly, City Clerk FROM Lieutenant Brett Jackson II THROUGH Captain Arnold Freeman The La Casita of Apache Junction Restaurant, 495 W Apache Trail will be housed within a structure which previous businesses have held Liquor Licenses. According to Police Department records, there are no significant or serious calls for service at its location, 495 W Apache Trail Gilberto Martinez, the applicant has had no significant contact with the Apache Junction Police Department Therefore, the Apache Junction Police Department has no objections to the issuance of this new restaurant based liquor license eIN PUBLIC HEARING el\ 1. For APPLICATION FOR A LIQUOR LICENSE FOR LA CASITA OF AJ 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. pyACH �Gy o. Apache Junction U 2 Horne o/the Superstition Mountains / 1 Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: June 21, 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 LA CASITA OF AJ RESTAURANT ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: A liquor license application has been submitted for La Casita of AJ located at 495 W. Apache Trail. 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 Arizona Department of Liquor Licenses and Control FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo L� application part 1 D application part 2 ❑ notice D applicant letter U department memo U planning recommendation U pd recommendation fire district recommendation Ore._VACiSte'jllite169117 Home of the Superstition Mountains JUNE 8, 2011 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK (,t,/ FROM. JAN MASON. DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR JUNE 21, 2011. APPLICATION FOR A LIQUOR LICENSE FOR LA CASITA OF AJ RESTAURANT An application for a New License, Individual. Series 12 Liquor License has been submitted by Mr Gilberto Martinez for La Casita of AJ Restaurant located at 495 W. Apache Trail 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 /00 approval or denial to be forwarded to the State Department of Liquor Licenses and Control •Votce(480)982-8002 • FAX(480)982-7018• TDD(480)983-0095 • www.ajctt} net 300 f_ Superstition Boulevard, Apache Junction,A7 85219 Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 z' Li APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice Effective Nov 1,1997,Alt Owners.Agents,Partners.SLtockholders,Officers,or Managers activgfv involved in the day to din ogiiatlons of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. SeKpage 5 of the Liquor Licensing requirements. SECTION 1 This application is for a. •SECTION 2 Type of ownership • MORE THAN ONE LICENSE .„ a ERIM PERMIT Complete Section 5 ❑ J T W R.O S Complete Section 6 '= NEW LICENSE Complete Sections 2,3, 4, 13, 14, 15, 16 %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 ❑LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO Complete Section 7 Complete Sections 2, 3,4, 12, 13, 15, 16 0 CLUB Complete Section 8 ❑PROBATE/WILLASSIGNMENT/DIVORCE DECREE ❑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): / o'2 113 ;. D 0 1 Type of License(s) `) - l�e�t t .cC�ilk' Deparbnerd Use 2 Total fees attached ($ /2 if, BO 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 Mr r1/1 1 Owner/Agent's Name Ms ake*I nCa- l "1/4�;t ' ` (Insert one name ONLY to appear on license) Last First Middle 2 Corp./Partnership/L..L.0 f (FYxtty as it appears on Articles of Inc or Amides of Org.) 3 Business Name [.{i, C (,`.> 1\7.k tic A (Exactly as it appears on the exterior of premises) PS, 4 Principal Street Location 1 Li S P1""�(LG�')r , t 1 ityl� :� ?t -i t 5Th I Z-L (Lie not use PO Box A (cJur ber) County Zip 5 Business Phone LiCit,i t`.5"1�l Daytime Contact. L iC f�l 6 Is the business located within the incorporated limits of the above city or town? ®YES ONO 7 Mailing Address. 49 5 LO hpa ale 1 rail 412.4xone2- City Slate ZIP 8 Price paid for license only bar, beer and wine or liquor store Type $ Type $ DEPARTMENT USE ONLY Fees 10D D0 a 't- p° (j p o Application Intenm Permit Agent Change Club Finger Prints$ / a f TOTAL OF ALL FEES Is Arizona Stateme t of Citizenship&Alien Status For State Benefits complete'? VYES 0 NO Accepted by r Date ' l (ii Lic # 12 1 i1 3 e2-0 0 July 2010 'Disabled individuals requiring special accommodation, please call (602) 542-9027 1. ANN silk SECTION 5 Interim Permit 1 intend to operate business when your application is pencing you will need an In = Permit pursuant to A.R S 4-203 0 2 There MUST be a valid lic= - .f the same type you are applying for ently issued to the location 3 Enter the license number currently at • _ • - ion 1`2- 4 Is the license currently in use?®YES 0 NO •• how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSU % AT THE LOCATION = HIS APPLICATION /'_ I , , d- .re that I am the CURRENT OWNER,AGE , LUB MEMBER. PARTNER, (Print full name) MEMBER, STOCKHOLDE-, OR LICENSEE (circle the title which applies)of the stated ken-. - d location State of County . X The foregoing instrument was acknowledged •- - e me this ( afore} day of My commi , on expires on Day Month Year (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners- EACH PERSON USTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM UC0101),AN'APPLICANT'TYPE FINGERPRINT CARD,AND$24 PROCESSING FEE FOR EACH CARD. 1 Individual Last Pint Middle %Owned Mailing.Address City Sate Zip Mart me z C,,1lo(4 it-V Partnership Name (Only the first partner listed will appear on license)ticl ) 4 J2 TY(Yll (AL General-Limited Last First Middle %Owned Mailing Addreu City State Zip ❑ ❑ D ❑ ❑ ❑ ❑ ❑ (ATTACH ADDITIONAL SHEET tF NECESSARY) 2 Is any person,other than the above going to share in the profits/losses of the business'? 0 YES 10 If Yes,give name,current address and telephone number of the person(s) Use additional sheets if nece'sary Last Fast Middle Mailing Address City State Zip Telephone. I 1 SECTION 7 CorporationlLimited ,ility Co EACH PERSON LISTED MUST SUBMIT A COMPLETEu QUESTIONNAIRE(FORM LIC01011 AN'APPLICANT'TYPE i•rwGERPRIMT CARD,AND$24 PROCESSING FEE FOR EACH CARD ❑ CORPORATION Complete questions 1, 2, 3, 5, 6, 7, and 8. ❑ L L C Complete 1,2,4, 5, 6, 7, and 8 Name of Corporatiorl/L LC (Exactly as it appears on Articles of Incorporation or Articles of Organization) 2 Date Incorporated/Organized State where Incorporated/Organized 3 AZ Corporation Commission File No Date authorized to do business in AZ 4 AZ L L C File No Date authorized to do business in AZ 5 Is Corp/L L C Non-profit?0 YES ONO 6 List all directors,officers and members in Corporation/t.I C Last First Middle Title bta,sirg Address City State Zip II -"r 1; /ATTACH ADDITIONAL SHEET IF NECESSARY) LIst stockholders who are controlling persons or who own 10%or more Las: Fast Middle %Owned Mai(rig Address City S1att11111. Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 8 If the corporation/L C is owned by another entity,attach a percentage of ownership chart,and a director/officer/member disclosure for the parent entity Attach addrtional 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 LICDI01),AN"APPLICANT"TYPE FINGERPRINT CARD AND$24 PROCESSING FEE FOR EACH CARD, 1 Name of Club Date Chartered (Exactly as it appears an Club Charter or Bylaws) (Mad)a copy of Club Charter or Bylaws) 2 Is club non-profit? 0 YES 0 NO 3 List officer and directors Last First Middle Title Mailhng Address City State Z� (ATTACH ADDITIONAL SHEET IF NECESSARY SECTION 9 Probate,Will Assignr or Divorce Decree of an existing Bar c luor Store License 1 Current Licensee's Name (Exactly as It appears cn!dense) 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 11-IE 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 t r',t 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' (F■ar-dy as it appears on hcerise) Last First Middle (Inciry Agent.etc.) 2 Corporation/L.L C Name (Exactly as it appears on license) 3 Current Business Name (Exactly as rt 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) O, City, State,Zip 8 Have all creditors. lien holders, interest holders, etc been notified of this transfer? 0 YES 0 NO 9 Does the applicant intend to operate the business while this application is pending? 0 YES 0 NO If yes,complete Section 5 of this application, attach fee, and current license to this application 10 I, hereby authorize the department to process this application to transfer the (pant fug 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 (omit 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 (SignaLxe of CURRENT UCENSEE) The foregoing instrument was acknowledged before me this Day Month Year My commission expires on 4 (Signature of NOTARY PUBLIC) SECTION 12 Location to Locatio. eansfer (Bars and Liquor Stores ONLY) 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 rt' r (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 thot=e 1129Alnsz for aovemmenj.hotsitawillausi restaurant licenses(series 5, 11,and 12). A R S§4-207(A)and(B)state ttrat no retailer's lime shad be lasted for any premises whrth are at the tare the licerseapplicatcn is Awed by the director,witty n tree hided(300)hortznntal feet of a dxstrt*thin three landed(333)trortznntai feet of a public or private scfeci biking with kindergarten progarrs or grades ore(1)ttrcup(12)or vitriol tree Mdred(300)ixrtmrei feet eta fermi recreaborel area alwe t to still scrod bulling The above paragraph DOES NUT apply to_ a)Restaaant icer ie(§4-205.Q2) c)Governient license(§4-206.03) b)fioteittrintel ko r e t 4205.01) d)Feted ptayrg arena of a golf cane(§4-207(B)(5)) 1 Distance to nearest school 10��' } ft Name o Vt+t City, State, 2 Distance to near urch ft. Name of church Address City, State,Zip 3 I am the S,Lessee ❑ Sublessee ❑ Owner ] Purchaser(of premises) 4 If the premises is leased give lessors Name [}u C 1\\n`') Address Sri 7 1\i ('Y'1C& foC r flL ‘:"es Z c, /'\ City State. Zp 4a Monthly rentalilease rate$ tl �) 3 Ot- ►Nhat is the remaining length of the lease yrs i mos 4b What is the penalty if the lease is not fulfilled? $ or other (give details attach add:t;onal snee sary) 5 VVhat is the total business indebtedness for this licenseitocation excluding the lease"$ Please list debtors below if applicable Last First Mid$e AMMO'(Med Maihng Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 1 [[ C 1 6 What type of business will this license be used for(be specific)? t< `1 '1"bi C ' ��1Z LA r(1 rri /nk /\ 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(1)year? 0 YES 151 NO If yes, attach explanation 8 Does any spirituous liquor manufacturer wholesaler, or employee have any interest in your business? ❑ YES NO 9 Is the premises currently licensed with a liquor license? t71 YES 0 NO If yes, give license number and licensee's name License# (2-I i 3 I 31 (exactly as it appears on license) Name I O•r'lCLt \La r r- t �1y1t SECTION 14 Restaurant or hotel/motel license applicants. Auk 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 hh •"lilyiv1Zl_ cv)(CA Vi9Y it:ifIiCIA and license# ) ? (I 776 l Last First Middle 2 If the answer to Question 1 is YES,you may qualify for an Interim 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 re enue derived from all sales of food and spirituous liquor on the licensed premises By applying for this ❑ hotel/motel 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 staurant Hot otel Records Required for Audit(form LIC 1013)with this application C4/1:e- rni.--- . - 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 writes• -.- ify why the extension is necessary, and the new inspection date you are requesting To schedule your site insp-- o J visit , azliquor gov and click on the "Information"tab _ ___ a•• .w s initials SECTION 15 Diagram of Premises* (Blueprints not accepted,diagram must be on this form) 1 Check ALL boxes that apply to your business 4 Entrances/Exits M Liquor storage areas Patio 0 Contiguous r❑ Service windows 0 Drive-in windows ❑ Non Contiguous 2 Is your licensed premises currently closed due to construction, renovation or redesign? 0 YES ill 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 spintous 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 drawin ••- - 'y 6sinitials SECTION 15 Diagram of Premises 4. In this diagram please she rnly the area where spirituous liq is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior 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 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 �V 1 UI . H E.L..-11,.,....„ 3 f` { _ - C k 7' y '' ' k.;,.-, \-c\` k t,�\ft_.cr- rj- •ID ( 1 ,s k---- SECTION 16 Signature Block I, Q 1„1t ritoAt tr hereby declare that I am the OWNER/AGENT filing this (print MI name of applicant) 71 application as stated in Section 4, Question 1 I have read this application and verify all stateints to be true, correct and compl a ,r, X,r 11-i- i,s%mature of applicant liste in Section Question 1) State of l'e--- Aunty of 2:;W,e ??, Tne forego.ng.nstrurnent was acknowledged before me this v }/, 6,;�` ;:;i;,N'TA A ESPAFZk tMli ti:uY Psn"_ t.,Zcre -{ -- Month My commission expires on Day Month Year 1A exr-s Sr:c I.20t+ f' (`--+tip.,r siurat:ue of TT"RY PUBLIC 7 Adak Print Form ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix. AZ 85007-2934 www ezliquor gov (602) 542-5141 RESTAURANT OPERATION PLAN LICENSE# ! 62 1 i 3 0 0 List by Make,Model and Capacity of your Grill Oven Freezer Refrigerator _ Sink 44 1 C) �) 1 1 '�1 b Dish Washing Facilities I t,`r b (V( -LclL Ai 7 S t) - Food Preparation Counter(Dimensions) 2 Other 17 2 Print the name ofyour restaurant. La (sA-D(\:1 (T 3 Attach a copy of your menu(Breakfast,Lunch and Dinner including prices). 4. List the seating capacity forAMIN t a Restaurant area of your premises [ ('Ci ) r ri b Bar area of your premises [ + ) c. Total area of your premises [ 12-0 ) •- 5. What type of dinnerware and utensils are utilized within your restaurant, a Reusable 0 Disposable 6 Does your restaurant have a bar area that is distinct and separate from t restaurant seating? (If yes,what percentage of the public floor space does this area cover) C� Yes I % O No 7 What percentage of your public premises is used primarily for restaurant dining? �(Does not include kitchen,bar,cocktail tables or game area) LA - ao 'Disabled indivtduais requiring special accommodations,please call(602)542-9027 7s,O9 8. Does your restaurant contain any games or television" Yes 0 No If yes,specify what types and how many of each type(Televisions,Pool tables. Video Games,Darts,etc) 7Z-Al j = /giN1 S/ 7 /i'V 9 Do you have live entertainment or dancing" ❑ Yes 12(110 (If yes,what type and how often") egN 10 Use space below or attach a list of employee positions and their duties to fully staff your business. S")1Sln sr — GS -Y\ a .>1" :) CCo1G5 � r� Q COC1C. `tear � 2 `.) bar k,\ -ram rev itt" C'(t,n>£ 4v.,,� �c.��cve :=A1ve,C t‘Nel � ca��LrVtr' `)?..41 F->,�jl Fa(kel Ntur• ar `.t.Q ^a?rt�n,r�;,A��i I, 6; �j ,hereby dc4fare that I am the APPLICANT filingthis fig Yapplication. I have (Prue full name) read this application and the contents and all state ents true,correct and c.o e State of 7) Y County of (,�C_L X '� The foregoing msuumem was ackno edged before me this (Signature of APPLICAN I') .r► '+day of ESFA+iZR ✓/ F\ 'Srf,20 NoteN P,:ar451tegasaitsbom— Da)of • Month "`. My commission expires on (Signa of NOTARY P : IC) 2 ) . _ r • •;-•, �: ... ( ( cc-, ,, c< ,)/( fl) - Ida -� �`— ` :� r — ,tilt lit ". Ir i� 'IE I`7 41(0-211-1577 ,mia i 1 1 ,5 if0. , jbuteif4 7r € ' ,4 tea pee lig .--t_ Tat , to Saturday-Item - 9ynr /Sendey&Moaday- fleas - 8pnr ) • '., nr ,.Appetizers '' = Sandwiches - � r -a "4 QYev dIKs ' - t3.75 - Large Fleur totilte Filled with cheese - Sink Sat4vleh - . - . . . . r7.25 Nam, Beef, or Chiriren-$4,95/Shrimp n'Green Chem.-85.95 61r P"Yetk St tk taU.a r.?.r3.Liro.II"rihl°"*" Skin Pullad Pork Sandwich $6.95 L S f5 75 ftaoet wedded pock OW his been s,wl'od sod si.t cooked for low, i - Six baked skint with melted cheese, bacon, bitY, chives tomatoes o our re vim Alivetstttt It," CASkitAM45+ -- and sour cream. Banta$Sendw!4h $6 95 Nit Dif iChIN or Treditiond) 14.75 Fsli sped matMrfe4 heel tamed the trnttbtul wry Pklhf$iris Add 11.23 Western Chicken Serwhittsis. 47 25 Truly unique twat-the traditional chili been we took our charm lions chkkun ktAre!6.,:ho4 soh B Q revs hoped wi4 beta,chni,i,,K mixed them wlfinef our }muse made tang Agave BIM chill sauce. Om onMfto 40 t h q.r hw. SiWern $5.95 Chicken Club Susdwiah $7 25 , T.adorirrai chirkit erred with cur Rare:roes,tw:o't forme,lettuce, swiu, Take your pick of beef, pulled pork, chicken on mini jiotolo huntCobs literfee !t430 with the appropriate condiment, the perfect start. • -Nobh out cod:,,.nhtes,jnlspeaae>r cheese. ROA Nide -Snd.-$4.75 14.-16.75 w+e61e6..t Sae:-t,ruff Breaded Shriesg t9.50 ` Freshly made chips topped with our Spanish smote, beans, siyk�t rev boarded Inman with ttesk rite n'da(ye ekoic.It mop se suet, cheese, tomatoes, chives, jaispenos& sour cream your choice Chlekati Tet ant. f6.75 of ground beef, shredded beef, or shredded chicken. An ee.it re'uoe et t6r children',till,*i ni4 with stook fries. Super Sstnsnpler $8 75 SALAD Li ithat mmkos this starter a real dial! Potato r Salad tS 9S little of this, !tt C of Crap,em&Ms tense rl pp.d R*m4 oh testy*mist,creator:R skins, chicken wings, chill bean dip, onion Rings-BBQ meatballs, pumnma c6aeae -Add ltil.i eWhu, R1.SO Camels Dip Ed - (5.75 / tie - 13.75 8e(hh Chkkest Salted. 17 25 Tangy avacadot minced with onions, tomatoes & 2pi/:et. Rile ef:e I:etar of rise,etwl.n txm,f to cur Mt uses with not btl»ee itlistl,:Awls, wrists Plus MJoa s nne S.I. - $4.25 / Le. - t6.25 Southwest k Saled 8.95 Flour tortilla covered with haunt, shredded beef, ground beef 1 wire Weird fume vi16 erred to cam,ma'iete s thee lapsed or chicken, Spanish lames, vegetables, cheese and sour cream, with crisp terttti'triin&desk. s ` .. r..t , ,r•-. ." 71 - ;."'..�..- 'r TENK - KNC% • RRQ a� 1II:XI(:.%N ',d .i. r a,t' c is �:.:...., F.... i� 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 (HOTEL/MOTELW/RESTAURANT AND SERIES 12 (RESTAURANT) MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH YOUR DLLC RECORDS In the event of an audit, you will be asked to provide to the Department any documents necessary to determine compliance with A R S §4-205 02(G) Such documents requested may include however, are not limited to 1. All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises 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 - n 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 r, 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 Lic 1013 05'2009 B Employee Lc \ 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 iiiftik 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 Amok any other license that has been issued for the premises pursuant to this article I, (print licensee name) Last First Middle have read and fully understand all aspects of this state State of i eAMounty of tO--- 1 /C Theforegoing instrument was acknowledged before m is `i e ( day of <� Y (Signature of lice ) Month/ ms JUAta'�A A ESPA ZA ..Miley P,,t,c Arr_+Y My commission Expires on. � .�ac,-T _ 4 LoN �de „ JBLiCj MAKE A COPY OF THIS DOCUMENT ANDCYOfTcoRDS Print Form gG ) Z g' ARIZONA DEPARTMENT OF UQUOR UCENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 3 b(602)542-5141 /VVV , 0QUESTIONNAIRE 1 k Attention all Local Governing Bodies. Social Security and Birthdate lnforination is Confidential This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view r r Read carefully. This instrument is a sworn document. Type or print with BLACK INK. =y eiN An extensive Investigation of your background will be conducted. False or Incomplete answers , could result in criminal prosecution and the denial or subsequent revocation of a license or permit. r,.,r TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT,OR MANAGER EACH PERSON COMPLETING THIS FORM MUST SUBMff AN ' "APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINE1.l AT Di LG7 FINGERPRA't1NG MUST BE DONE BY A BONA FIDE tAV+r- ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICEA1:0ROVED BYDLI:C:,THEtEPATMENT DOES NM PROVIDE THIS SERVIlit gffective 10101107 there is a 924,00 processing fee for each fingerprint card submitted, Liquor Licenie # The fees allowed by A.R.S.6 44-6852 will be charged for U dishonored checks, / A / 13 4R apt r (If the location is currentf¢�icensed) 1 Check IControliing Person i 0 Manager(Onfy4i appropriate y (Complete Questions 1.19) i (Complete All Questions gaol#14,14a&21) box Controlling Person or Agent must complete#21 for a Manager I Controlling Person or Agent must coin (ete#21 2 Name ' •,•{ - Date of Birth Last First Middle (NOT a Public Record) 3 Social Security Number Drivers License# State A f� NOT a public record) (NOT a public record) 4 Place of Birth it?'6((3CCti{.(., la t4 J t D 431(C) Height '3 1 Weight: ii '2_ Eyes alr, f5ICA(X. City State Country (not county) 5 Marital Status it]Single❑Marned❑Divorced 0 Wdowed Daytime Contact Phone LI L.-I I `i , 6 Name of Current or Most Recent Spouse Date of Birth _E/ (List all for last 5 years Use additional sheet if necessary) last First Middle Maiden (NOT a public record) 7 You are a bona fide resident of what state? `141j 2(-,f1-16\ If Arizona,date of residency 1 i 0 !3 1 VA 8 Telephone number to contact you during business hours for any questions regarding this document LKi}'2--- ?.` 1 q i 1 9 If you have been an Arizona resident for less thanj,_ three(3)months submit a copy of your Arizona driver's license or voter registration card 10 Name of Licensed Premises -a Cct M ri }�yC f1 )( Premises,Phone � ' •2 c• -S'7 11 Physical Location of Licensed Premises Address I 1 S } r(vlfl. t (a-1 k C4..& '`J C iayi A O .�l 7.(.)Street Address ( not use PO Box#) CCityyZip 12 List your employment or ty a of business during the past five.5)years If unemployed part of the time,list those dates List most recent let FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS MonthrYear Month,/Year OR BUSINESS (street address ' state&zip) 4.fltilotir z_ , \ I lit IL, CURRENT 1.1+1�, �ko`it t `t �(� t/L S o "� 41.))1 lk, ki 11 It. , 1 1-4.` er.i.r‘,6.et-C.L*) t'"\--241 )<-7. A z_ `r.) '7)1 ti-, 5-7 2° ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 Indicate your residence address for the last five(5)years FROM TO o Rent or' RESIDENCE Street Address Month/Year MontheYear Own If rented attach additional sheet with name,address and phone number of landlord City State Zip k,i ID CURRENT Litt. uj i ri �1 rrt pre=` E -Tft",i" (� �i l L7C f 11`. n uV. tAsj 6,0 Ti vale'Li �1 U t,:s -i.:� <. Rv4 i%t S44'"a A 2. `7/L , g I Ci ki 1 j 1 D 0''''1\711 ii47_2 E BiboLdi,:),-- .),< %.\---, 4p,-..d1/4,--SA-, A 2_ --S I E.(-4---`, LIC 0101 9124/2009 Disabled Individuals requiring special accommodations,please call the Department.(602)542-9027 O.\ oink, t CL/ If you checked the Manager box on the front orilocirts form skip to#15 '=4 As a Controlling Person or Agent will you be nysi Aa<present and operating the licensed premises? IMYES ONO If you answered YES how many hrsiday') 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 O YES [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)" Amok 16 Are there ANY administrative law citations, compliance actions or consents criminal arrest, indictments 0 YES V 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 ti NO 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 ajutigment against you the subject of which involved fraud or DYES NO misrepresentation? e you EVER held ownership, been a controlling person, been an officer, member, SKES ❑NO n any other liouor license in this or any other state" If any answer 19 is-YES' n Give complete details including dates, agencies involved, and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20 I '\t t tO I'lo kifilie Z hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnair I have read this questionnaire and all statements are true,correct and complete 67/< / State c /l County ofY "-?=50e 6y, (Signature fApplicant) efore ing instrume cknowiedged before t day of J:ANITA A ESPR,'A Woo y "t F acK Mo A�ncpo GU✓rr My commission expires on -r--e:.riras sect i ea I Day Monti, Year \may of NOTARY PUBLIC) 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(orcle one) Month Year ;Signature of NOTARY PUBLIC' Prof,Name My commission expires on Day Month Year \ '., c.,'*) .)/ C sZ, .....,... ......., ,•••Ni•• (.„ _) ') k (Th . ,il (.41 24 ,,,,,y. ir:. ....., '- ) CD ''...'\ ‘-(-6 ''' ..,...E. ‘ - < ' ....i T -) (3 - - P r4 '43%1 .- rsi -47: %-' •.,.;1_,, ,..--- v 45' C......',1 .... \*...< t''',..,,, ,... 2 ., - -‹ 4' -, 'N, "•4. ... , , — 1 k ' .5 ( i *s, 7 ...) ...,- n ......- ,...$ )" t '. .. „J .---- ...) .... . , ',..i __S, —...) J •^'^s `3 ',. 1 (,.*A ' It* i 4 1160 ‘it PIN State of Arizona Department of Liquor Licenses and Control Printed 5/24/2011 @ 12:36:34 PM LICENSE Number ,, 12113181 Name '.. LA RAZA STEAKS & RIBS Status.. \Active Status Date. 1/15/2010 Issue DateN15/2010 Expiration Date. 8/31/2011 Location. 495\W APACHE TRL APACHE JUNCTION,AZ 85120 PINAUSA Bus-Voice. (480)288\8577 Res-Voice (603)6214737 ,* AGENT Name MARTINEZ, BLANA VERONICA Sex Female Physical Address. 2681 E SILVER SMITH SANTAN.AZ 85143 PINAL,USA \ AddAddy ng ress. 495 W APACHE TRL APACHE JUNCTION, AZ. 85120 PINAL, USA Res-Voice (602)621-9237 OWNER \\\\— Name: Name: COQUETA ENTERPRISES LLC Type LLC Corp File No. L 16445684 State Incorp AZ MaLlmg Address 495 W APACHE TRL APACHE JUNCTION, AZ 85120 PINAL,USA Bus-Voice (480)288-8577 Res-Voice. (602)621-9237 'IN eliN I Print Form a ARIZONA STATEMENT OF CITIZENSHIP AND ALIEN STATUS FOR STATE PUBLIC BENEFITS Professional License and Commercial License enN Department of Liquor Licenses and Control Liquor License # / a i/ 3 42 0 n Ownersht Name 1 �� fi� ill P (as listed on the current liquor licensation or renewal application) Title FY of the federal Personal Responsibility and V>,ork Opportunity Reconciliation Act of 1996 (the "tct") 8 U SC S 1621 pros ides that, with certain exceptions only I nited States citizens tilted States non citizen nationals, non-exempt "qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrants, and certain aliens paroled into tht United States are eligible to receive state or local public berOts With certain exceptions, a professional license and commercial license issued by a State agency is a State public benefit i-' r1.i Arizona Revised Statutes § 1-S01 requires in general that a person applying for a license must sufinut documentation to the licensing agency that satisfactorily demonstrates that the applicant is lawfully present irhe United States r n Directions All applicants must complete Sections I, II, and I%. Applicants who are not U S cituenipr nationals must also complete Section III Submit this completed form and copy of one or more documfts that evidence your citizenship or alien status with your application for license or renewal. 1.11 SECTION I—APPLICANT INFORMATION APPLICANT'S N ANTE(Print or type) i 1 bL A.AI' - (I t L DATE 2- c)! t.l P C I I TYPE OF APPLICATION(check one) 14 INTIIAL APPLICATION CI RENEWAL TYPE OF LICENSE ti``1 LLk„k c Cl "1 t /u SECTION II--CITIZENSHIP OR NATIONAL STATUS DECLARATION Directions Attach a legible copy of the front,and the ha::h(if anv I.of a document from theattached 1st A or Aar document that demonstrates L S citizenship or nationality Name of document provided 1€ i r-e_trei .* A Are you a citizen or national eft the Lnrted States^(check one) © Yrs 0,No B If the answer is Yes, where were sou born`' I ist city,state(or equivalent),and country City State(or equis aient) Country or 1 erritory If you are a citizen or national of the United States go to Section I\ If you arc not a citizen or national of the United States.please complete Sections III and IV DLLC 2.13'09 AG I1'08'07 81662 Page I of 7 ORS 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 boy Attach a legible cops of the front,and the back(if ans 1.of a document (om the attached List B or other document that cviden:-es your status A R S j 1-501 Name of document p-ostded \t�Ivccnfrt .SiAitt .(, CCtir "Qualified Alien"Status(8 1 S C 1621(a)(1),-1641(b)and tc)) Q l/ An alien lawfully admitted for permanent residence under the Immigration and Nationality Act(INA) eIN Q 2 An alien who is granted asylum under Section 208 of the INA Q 3 A refugee admitted to the Lnited States under Salmon 207 of the INA Q 4 An alien paroled into the United States for at least one year under Section 212(05)of the NA 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 203ta)(7)of the L\A as in effei.t 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 l_ S C § 1621(aX2)) Q 9 A nonimmigrant under the Immigration and Nationality Act (8 U S C § 1101 et seq I \onimmigrants are persons who have temporary status for a specific purpose See 8 L S C § 1101 tax 15) Alien Paroled into the United States For Less Than One tear(8 U S C.§ 1621(a)(3)) Q 10 An alien paroled into the United States for less than one sear under Section 212(dx5)of the L\A Other Persons(8 U SC§ 1621(c)(2)(A)and(C)) ,g ❑ 11. A nonimmigrant whose visa for entry is related to employment in the United States,or n ❑ 12 A citizen of a freely associated state if section 141 of the applicable compact of free association I ' approved in Public Law 99 239 or 99-658 for a successor provision)is in effect[Freely Associated States include the Republic of the Marshall Islands.Republic of Palau and the I ederate States of Mic,ronevta.48 U SC § 1901 er seq], ❑ 13, A foreign national not ph\sicallr present in the I nitcd States Otherwise Lawfully Present(A R S § 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 Vvork Oppoitunity Reconciliation Act may make persons who fall into this category ineligible for licensure. See 8 U S C § 1621(a) SECTION IV—DECLARATION All applicants must complete this section 1 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 //-- / 2 �l / APPLICANT S SIGNA RE TODAY S DATT Attachment Lists A and B Evidence of t S Citizenship,t S National Status,or Alien Status, DLLC 1/15'09 AG 11/08107-81662 Attachment to form I Applicant Statement Mw EVIDENCE OF U.S.CITIZENSHIP, L.S NATIONAL STATUS,OR ALIEN STATU rtii LIST A. U S.CITIZEN OR U.S.NATIONAL ,c Note In this List,the term Service refers to the U S Citizenship and Immigration Service,formerly,tht.U S. Immigration and Naturalization Service(INS) [Source Proposed Rules,Verification of Eligibility for Public Benefits 8 CFR§ 104 23,63 FR 41662-01 Augusts 1998).and Interim Guidance of Verification of Citizenship,Qualified Alien Status and Eligibility Under Title 1V the Personal Responsibility and Work Opportunity Reconciliation Act of 1996("Interim Guidance') 62 FR 6131 (Nov 17, 1997) Attachment 4) Evidence showing U S citizen or U S national status includes the following a Primary Evidence: (i) A birth certificate showing birth in one of the$0 states the District of Columbia,Puerto Rico(on or after January 13, 1941),Guam,the U S irgin 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 L 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 Seri ice until April 7, 1983 to L 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 at:S consular official certifying that the individual 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 ES- 240,1.S-543,or DS-1350),or (9) 1 orm 1-872(or prior versions).American Indian Card ss'ith a classification code"KIC"and a statement on the back identifying the bearer as a L 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 Verification of Citizenship Qualified Alien Status and Eligibility Lnder Title R of the Personal Responsibility and V4ork 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 I 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 Jar.ary 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 1*4 PERMANENT RESIDENT CARD *J. MAR T.',EZ GLBERC •5 ,‘ - W/6 7rryrftl holezico CA PO EXP=ES 10127113 Re stdert Since liti V89 a Cl USA0908394970WAC0302851733<< 5908248M1310270MEX<<<<<<<<<<<9 MART INEZ<<GI LBERTO<<<<<<<<<<<< I . - r- co Ow\ , 1,^4. • -, I Print Form ."-- Arizona Department of Liquor Liter'•$ rid Control 80i0 West Wastttng'ton,5th toor Phoenix,Arizona 85007 . , ii dw'. w.azliauor,gov A; ; CERTIFICATE OF TITLE 4 TRAINING COMPLETION., z ho .Nit Dulalicate.Tbis Formx-. Certificates must be completed by a , a p o c-xd training course r ,lit t,:eckink.on an ong'nal for t (7,//';',,i,iit- : - . . -4,,,4,49..f4 -c i v. I ) ,..,.. f__ ,_-_, , , 011141111 Fula Nam`n(plpns`e prin Da4e _- (1i4Pr tit Zc,1 Training Comp_etro { '4 - `�' �` T.y pe of Tair;rng,Completed{check Yes or Nol irt � a X t'r; . :Yes 1 t�°�.�,, . I [��Io• BA51C � �, No CAN SALE P4( ICI it:LC '`." ! Ycs"r[ 1 No MANAGEMENT [l Yes rig No OFF SALE Certificate Expiration Date t El No BOTH ❑ Yes No OTHER (MANAGEMENT-S years from completion date) (BASIC 3 years from completion dater Lf Trainee is i_mprloyed By A Licensee / 01 i / 3g00 Name of Licensee Business Name Liquor License it r�} Alcohol Training Program Provider information I e'D ttou.J prr,,) t.a.GI0Oct, &?tltic.at.>+` ->r'S C_,rnpar;or irdiiidual Name tpiease print, to 445 e "Rz.4..)(Ls to-i , Address M A.nL-cco::3f9 e,zrE (t.oz ) 3 i rk-33 3 City State lip Daytime Contact Phone 0 I certify the 'e named,ndrnduai has successfully completed the training specified above in accordance with Arizona Revised Statue,Arizona Administra Code and the training course curriculum approved b f the Department of Liquor Licenses and Control u Jame of Trainer(please punt) Trainer Signature Date t P,rsuant to A.R5.§4-1 12(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 personsisi 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) I icenseelagent or managerrs}actively involved in daily business operation A valid;rot expired)Certificate of Title 4 Training Completion must be submitted to the Department of Liq.sor cicenses and Control before a liquor license application is considered complete I Before acceptance of a managers questionnaire ard.'or agent change for art ex•sting liquor license proof of attendance forthe BASIC and MANAGEMENT Title 4 liquor law{-airing(on-or off sale)is required 8 2009 3 sacred,nd-v.duals recur-frig scecial accc nmcdr ers please ua i I602 542 90'7 I Q ACH ..... ,..... irk4.- ._,, . '4 -,, 1zadU 41 z> / Home of the Superstition Mountains 4A oNA p NOTICE The attached application for a New License, Individual, Restaurant Liquor License submitted for La Casita of AJ located at 495 W Apache Trail, Apache Junction, Arizona, was posted on the 2nd day of June, 2011, 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, June 21, 2011, at the City Council Chambers, 300 E Superstition Blvd , Apache Junction, AZ at TOO p.m., at which time any objections filed will be heard. ; -Erf`, /e 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 •TDD(480)983-0095 •www awctty net 300 E Superstition Boulevard Apache Junction.AZ 85219 PCHF rit,vie 4,/c7/trit t • Home of the Superstition Mountains '9AIZOtIP June 2, 2011 Gilberto Martinez La Casita of AJ 495 W Apache Trail Apache Junction, AZ 85119 Dear Mr. Martinez. Please be advised that the application for a New License, Individual, Series 12 Liquor License submitted for La Casita of AJ, located at 495 W Apache Trail, Apache Junction, Anzona, was posted on June 2, 2011, in accordance with State law The Apache Junction City Council will hold a public hearing on June 21, 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, June 8, 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 Sincerely, Kathleen Connelly City Clerk • Voice(480)982-8002 • FAX(480)982-7018•TDD(480)983-0095• www aicity net 300 E Superstition Boulevard. Apache Junction. AZ 85219 PPAC�F O� (Q•'F�i Q� t�i / Home of the Superstition Mountains ggrzoNP' JUNE 1, 2011 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT. APPLICATION FOR LIQUOR LICENSE FOR LA CASITA OF AJ Mr Gilberto Martinez has submitted an application for a New License, Individual, Series 12 Liquor License for La Casita of AJ located at 495 W. Apache Trail, Apache Junction Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, June 8, 2011, in order for this item to be on the agenda for the City Council meeting of June 21, 2011 /Mk • Voice (480)982-8002 • 1•AX(480)982-7018•TDD(480)983-009 •wuw ajcit} net 300 E Superstition Boulevard. Apache Junction,AZ 85219 eelk Aims, Janet Mason From. Todd Kennedy Sent: Monday,June 06 2011 2 01 PM To Fred Baker Cc: Janet Mason Subject- RE La Casita of AJ liquor license Jan, /'N Planning has no issues with this proposal Todd C Kennedy Assistant Planner City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 (480)474-5093 tkennedy@aicity.net From: Fred Baker Sent: Monday, June O6, 2011 10 31 AM To: Todd Kennedy Cc: Janet Mason Subject: FW La Casita of AJ liquor license Todd Please review and respond to Jan by Wednesday,June el Thanks, Fred From: Janet Mason Sent: Friday, June 03, 2011 2-32 PM To: Fred Baker; Dave Montgomery (dave montgomery©ajfire org) Subject: La Casita of Al liquor license I have another liquor license that is on the June 21 agenda Please have your response to me no later than Wednesday, June 8 Thanks (The previous business at this location was La Raza Restaurant ) Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd Apache Junction AZ 85119 480-474 5068 Imasont@aicity.net Service Over and Above the Rest AIM ANIMA. Administrative Lieutenant - Bureau of Patrol ON SUBJECT La Casita of Apache Junction Application for Liquor License TO _ Kathleen Conner, City Clerk FROM I Lieutenant Brett Jackson ISIP THROUGH j_Captain Arnold Freeman On November 3, 2009 the Police Department reviewed a liquor license application for Blanca Veronica Martinez the owner / applicant of La Raza Steaks and Rib's Restaurant, 495 W Apache Trail which is house in the same structure as identified in this application This structure has occupied several businesses which have held liquor licenses The application for Blanca Martinez was approved by the Police Department at that time According to Police Department records, there are no significant or serious calls for service at the location However. there is one citizen report where the citizen claimed in January 2011 that they were allegedly drugged at the La Raza Restaurant Also, there appears to be a civil issue currently going on A between Blanca Martinez and Gilberto Martinez, the current applicant On May 28, 2011 Martinez reported that the restaurant had been burglarized which the Officer who responded to the complaint determined that the situation was a civil issue Blanca Martinez was the reported suspect in the case and had taken furniture and alcohol from the restaurant The site plan which was submitted appears to reflect the site plan that was submitted in the previous application Gilberto Martinez the applicant has had no significant contact with the Apache Junction Police Department Due to the recent civil events that have been reported to the Police Department by Gilberto Martinez, the current applicant concerning Blanca Martinez the previous OIN applicant the Police Departments suggests that documents be submitted by both parties to ensure that the civil conflict between both parties has ended If such documentation is provided the Apache Junction Police Department would have no objections to the issuance of this new restaurant based liquor license CFAI �'� ;/, Apache Junction Fire District 565 North Idaho Road, Apache Junction, AZ 85119 4,„ ME .5 "AA Phone (480) 982-4440, Fax (480) 982-0183 t ' M �E' nist0 • 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: June 7,2011 SUBJECT Liquor License Application—Series 12 La Casita Restaurant,495 W.Apache Trail,Apache Junction,AZ. 85120 The Apache Junction Fire District recommends approval of the above noted application for a Series 12 Liquor License at 495 W Apache Trail, La Casita 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 AN kk ROLL CALL VOTE r )(1‘0/1 NOTES y 1 I)/ ti (Y 1 I ITEM# MEETING OF .-11°1-.6 MOTION BY SECONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ V COUNCILMEMBER WILSON ii COUNCILMEMBER BARKER COUNCILMEMBER SERDY ✓ COUNCILMEMBER SMITHSON 1 COUNCILMEMBER COLEMAN / MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL \'`'° ITEM NO. 15 I MOVE THAT THE APPLICATION FOR A NEW LICENSE, INDIVIDUAL, SERIES 12 LIQUOR LICENSE FOR LA CASITA OF AJ RESTAURANT, SUBMITTED BY GILBERTO MARTINEZ, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. ROLL CALL VOTE NOTES (17 /(....y ITEM # 1 C0.1 MEETING OF 11119) i i ( Oil MOTION BY SECONDED BY: Pin YES NO ABSTAINED COUNCILMEMBER WILSON V; COUNCILMEMBER SERDY V COUNCILMEMBER COLEMAN VICE MAYOR DIETZ I,/ COUNCILMEMBER BARKER COUNCILMEMBER SMITHSON li MAYOR INSALACO j UNANIMOUS IN FAVOR OPPOSED ABSTAINED t TOTAL \1. AM. ITEM NO. 16 THE EXECUTIVE SESSION AT 5:45 P.M AND THE WORK SESSION AT 7:00 P.M. HAVE BEEN CANCELED DUE TO THE INDEPENDENCE DAY HOLIDAY. I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M AND A WORK SESSION AT 7.00 P M BE HELD ON TUESDAY, JULY 5, 2011, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY. ADJOURNMENT: k`\ n e g ROLL CALL WS: C , REG SPEC CITY COUNCIL P / A P / A P / A MAYOR INSALACO V t' VICE MAYOR DIETZ V at' 1/ COUNCILMEMBER BARKER6 I'r� COUNCILMEMBER COLEMAN COUNCILMEMBER SERDY V COUNCILMEMBER SMITHSON COUNCILMEMBER WILSON TOTAL CITY STAFF , I City Manager George Hoffman ✓ Assistant City Manager Bryant / Powell / I � City Clerk Kathleen Connelly ✓ V City Attorney Joel Stern V Public Safety Director Jerald Monahan Interim Public Works Director/ City Engineer Giao Pham Parks & Recreation Director Jeff Bell Finance Director Donna Meinerts Development Svcs Director Brad Steinke Human Resources Director Liz Riley Mac g r Pred Baker Economic Development Director Steve Filipowicz Assistant to the City Manager # Ai) Matt Busby OTHERStrit)y. Q rig -1241 t 1101/ Date: 6/-2-/ / J City of Apache Junction Item No. I 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 n n I am in favor of the proposed `Item ❑ I am opposed to the proposed Item. 1 2 C.) Name (Print) \() CC' '-?-351 ) Address City Zip Code (cL\ 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. 8/1 8/09