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HomeMy WebLinkAbout2012 05.15 City Council Regular Agenda PLEASE FILL OUT A"REOL .T TO SPEAK"FORM IF YOU WISH TO ADDR''"'' THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARING i•L.M �yACH ^, r = 00 V ApacheJunction Homeo f t eSuperstition erstitionMountains •IZ.30p APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS �•. 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA May 15, 2012 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 May 1, 2012. 3. Consideration of approval of agreement with PETDATA, Inc for animal licensing services in an amount not to exceed$30,000.00. ► Staff respectfully requests approval of the agreement with PETDATA, Inc for animal licensing services for a period of three years in an amount not to exceed$30,000 00 per year E AWARDS, PRESENTATIONS AND PROCLAMATIONS. Awards,presentations from other organizations, proclamations issued by the mayor,and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 4 PROCLAMATION DESIGNATING MAY 20-26, 2012 AS"NATIONAL PUBLIC WORKS WEEK" National Public Works Week recognizes the contributions that public works employees make every day to our health,safety and comfort 5. ADMINISTRATION OF OATH OF OFFICE AND SEATING OF NEWLY-APPOINTED CITY COUNCIILMEMBER DAVE WALDRON The city clerk will administer the oath of office to the new council member Note This oath will be done for ceremonial purposes only The initial oath of office was done on May 1,2012 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 to CITY MANAGER'S REPORT. The City Manager, members of City staff or those individuals designated by the Manager may present information pertinent to items under consideration or information related to thc'nk;ration of the City There shall however be no dig _ssion at this time except for clarification inquiries 6. MANAGER'S REPORT. H. PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Council as a whole and not to any member thereof. Such remarks shall be limited to five(5)minutes unless additional time is granted by the Mayor This time limitation shall not apply to applicants and their agents appearing before the Council. 7 APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR LAWRENCE C.GARRET?'VFW#7968 LOCATED AT 250 S. PHELPS DRIVE FOR AUGUST 11 AND AUGUST 12, 2012 An application for a temporary extension of premises has been submitted by Lawrence C Garrett VFW#7968 for Mike Ferguson's Homecoming on August 11 and August 12,2012. The next step in the procedure is for the council to hold a public hearing and r a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control 8. APPLICATION FOR A LIQUOR LICENSE FOR AJ TOBACCO AND LIQUOR LOCATED AT 1601 W APACHE TRAIL. An application for an interim permit, person transfer, limited liability co , Series 9 liquor license has been submitted for AJ Tobacco and Liquor(formerly Fox Tobacco and Liquor) The next step in the procedure is a public hearing where the council shall make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control 9. PROPOSED RESOLUTION NO. 12-12, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON NINTH AVENUE BETWEEN BOWMAN ROAD AND CORTEZ ROAD AS SET FORTH IN EXTINGUISHMENT CASE EX-12-12 ARE NO LONGER NECESSARY FOR PUBLIC USE. Staff respectfully requests the extinguishment of Ninth Avenue between Bowman Road and Cortez Road Staff wishes to alleviate the multiple permanent structure encroachment issues along the Ninth Avenue alignment and by granting this extinguishment it would remedy the encroachment issues 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 J. NEW BUSINESS. The Council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the Mayor after first submitting a written request-to-speak form with the City Clerk None. ak 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: 10. EXECUTIVE SESSION AT 5.45 P M AND WORK SESSION AT 7.00 P M. FOR MONDAY,JUNE 4,2012 11 EXECUTIVE SESSION AT 5.45 P.M. FOR TUESDAY, JUNE 5, 2012. 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 Adak 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 Thursdays, 7.00a—6 oop, 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 p CITY COUNCIL REGULAR MEETING MAY 1, 2012 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on May 1, 2012, at the Apache Junction City Council Chambers pursuant to the notice required ... by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Barker led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Serdy Councilmember Smithson Councilmember Wilson .•. (There is one vacancy on the council. ) Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Interim Public Works Director/City Engineer Giao Pham Others Present: Captain Troy Mullender Senior Project Engineer Emile Schmid REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 1 OF 20 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT AUTHORIZATION BE GIVEN FOR THE PURCHASE OF A 2012 FORD F150 SUPER CREW 4X2 PICKUP AS A REPLACEMENT VEHICLE FOR THE POLICE DEPARTMENT IN THE AMOUNT OF $24, 453. 38 FROM CHAPMAN FORD THROUGH COOPERATIVE STATE CONTRACT #ADOT 11-004994 USING AVAILABLE RACKETEER INFLUENCED AND CORRUPT ORGANIZATION FUNDS. Councilmember Smithson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Smithson commented he attended the boys and girls club masquerade ball and had a fantastic time. The fundraising went well . Councilmember Barker commented she attended a daisy troop investiture. There are lots of troops in the community. Councilmember Wilson commented he also attended the boys and girls club masquerade ball . He thanked them for the activity and thanked the community for stepping up. Mayor Insalaco reminded everyone that tomorrow at 8 : 30 a.m. on Phelps Drive in front of the marquee sign they will raise all the flags. It will be a nice event well worthy of all the veterans in the state. Mayor Insalaco commented he attended the Lost Dutchman Committee Banquet and awards on last Thursday night. They took in $97, 000 plus for this year' s event and gave it all away other than a REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 2 OF 20 0 contingency of $10, 000 that will go towards next year' s event . They had 4 beautiful days this year. Councilmember Serdy commented all that groundwork was laid by all the hard work from Gary Mulholland over the years . They can hopefully continue and remember all he did for this community. CITY MANAGER' S REPORT City Manager George Hoffman commented on the National Take Back Day and all the prescription drugs turned in, read a memo from Karen Rauls of the library regarding their Stuffed Animal Sleepover event, and read a note from a patron regarding the help she received from Cheryl in getting a job. PUBLIC HEARINGS APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR MAY 12, 2012 ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms . Cindy Pierson addressed the council. She stated this is the fourth annual car show for charity, starting at 10 a .m. to about 2 : 30 p.m. Registration starts at 8 : 00 a.m. This is for an extended use permit. .•. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE TEMPORARY EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR MAY 12, 2012, SUBMITTED BY CINDY PIERSON, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 3 OF 20 Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. RENEWAL REQUEST FOR AN OFF TRACK WAGERING FACILITY AT MIRAGE SPORTS GRILL ON BEHALF OF TURF PARADISE ) ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. David Johnson, the vice president of Turf Paradise, addressed the council . Councilmember Barker asked how long the Mirage has had the off track betting. Mr. David Johnson stated the Mirage has had it for nearly 3 years. Councilmember Barker asked if they got it from Arizona Joe' s . Mr. David Johnson stated when Arizona Joe' s closed they recruited for a new location. The owners of the Mirage seemed to be the best fit. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Barker MOVED THAT THE RENEWAL REQUEST FOR AN OFF TRACK WAGERING FACILITY AT MIRAGE SPORTS GRILL FOR TURF PARADISE FOR RACING FROM JUNE 1, 2012 THROUGH MAY 31, 2015, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA RACING COMMISSION. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 4 OF 20 Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous. The motion carried. RESOLUTION NO. 12-12, DECLARING ... THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON NINTH AVENUE BETWEEN BOWMAN ROAD AND CORTEZ ROAD BE EXTINGUISHED ) Senior Project Engineer Emile Schmid briefed the council on the item. Councilmember Barker commented without this abandonment these pieces that are within the easement area would have to be moved in order to be in compliance. Senior Project Engineer Emile Schmid stated that is correct . Vice Mayor Dietz commented there is one person that owns this lot that was against this . He does not understand why. Senior Project Engineer Emile Schmid stated that is correct. Yesterday in the late afternoon the city received a letter from the owner of Parcel 1C. He expressed a concern and desire that he did not wish to have the ` public easement or private easement removed. He is not aware of any private easements in this area. They would be between the parcel owners and other utilities . The federally patented easement is a public easement and the city has right to decide what to do with those easements . We have no intention of opening up the roadway. It does not make sense for the city to retain the easement . Vice Mayor Dietz commented what they are doing is actually benefitting the property owner. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 5 OF 20 Councilmember Barker agreed, stating he would otherwise have to move all those buildings and the fence. Senior Project Engineer Emile Schmid stated setback requirements are measured from the property line. If there is a federally patented easement setbacks are measured from the patented easement line that is in place. If they are removing the roadway portion of a patented .. easement setback line, the setbacks would be measured from the property line. It increases the usable and buildable space on any given parcel . Mayor Insalaco commented that he is against it . Senior Project Engineer Emile Schmid stated his opinion is that it is a misunderstanding on his part . Mayor Insalaco agreed. Vice Mayor Dietz commented it sounds like it . It must be because this is just going to benefit him. Councilmember Smithson commented on the other hand he would have legal access through the federally patented easement . Senior Project Engineer Emile Schmid stated he would have legal access because that easement is in place right now. The city does not have a roadway, whether bladed or created over time by people using that as an easement . Right now the parcel owners do have the right to access those parcels through that easement. City Attorney Joel Stern stated this is not a diminishment in value. It is an increase in value to the property under Proposition 207 . He asked if he has access to Broadway. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 6 OF 20 Senior Project Engineer Emile Schmid stated he has a circular drive that comes off of Broadway. City Attorney Joel Stern stated he is not losing any access . He still has legal access to a public roadway. Senior Project Engineer Emile Schmid stated that is correct . Councilmember Wilson asked if the parcel could be split down. Senior Project Engineer Emile Schmid stated he is not up to speed on minimum lot size requirements . They would have to ask Rudy or Sam in development services . Councilmember Serdy commented on the overhead he does not see a driveway getting to the back building on the property to their right. He asked if that is the building that is burned up. Vice Mayor Dietz commented there is access off of Cortez. Senior Project Engineer Emile Schmid pointed out a driveway off of Cortez . One can see dirt and tire tracks coming as they weave in and out. Councilmember Barker commented it goes back into the easement in spots. Senior Project Engineer Emile Schmid stated with this easement gone they would still be able to access their site as they do right now. Mayor Insalaco opened the public hearing on the item. Ms . Katherine Nelson, 2325 E. Broadway, Apache Junction, addressed the council. She stated REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 7 OF 20 she is sorry she ever sold the horse acre to Mr. Cox. When she bought the property she put a small trailer by the bluff in the corner. His trailer blew up and he wants to replace it with a double wide. She told him the city would only allow enough ground for a single wide. She had put a steel and concrete abutment around the little trailer to make sure the water runoff bypassed the trailer and continued on its way. He had the abutment bulldozed out and he has closed the original runoff so that the official waterway on the west side of her house is now shut off. He plans to put the water up and around on her. He told her he was going to do that . She asked the council to decide if he is interested in the welfare of the neighbors or just for himself. Councilmember Barker asked for the map to be put back up on the overhead so that they could see what property they were talking about. Ms . Sylvie Baker, 2325 E. Broadway, Apache Junction, addressed the council. She is Katherine Baker' s daughter. She commented the people that bought Alison Past' s place are the ones that are on the easement and Cortez . They left 3 weeks ago. They let it go back to the bank. They lost all the equity they put in it because they did not want to come down here because they are afraid of that man. Mayor Insalaco asked what they are afraid of. Ms . Sylvie Baker stated they are afraid of Mr. Cox. They have a new place because they have �. children. Mayor Insalaco asked Senior Project Engineer Emile Schmid to put the map back up on the screen as the council does not know what she is referring to. Councilmember Barker asked what this had to do with the easement . Ms . Sylvie Baker stated they had the piece of ground in the easement that is just south of Mr. Cox on the other side of the roadway and on Cortez. They REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 8 OF 20 walked away from this as this is such a mess . They lost their house because of it . Mr. Frank Mitchell, the property owner who lives next to us on the west, has property adjoining the federal roadway. He closed the roadway once before. Mr. Cox asked him about 6 weeks ago to sign to have it closed. Mr. Mitchell refused to sign. He stated he did not want to give away any of his rights. Amok Councilmember Barker commented she has information on Mr. Mitchell so she understands what she is talking about there. She is trying to figure out how the decision on abandoning this right-of-way impacts the statements she has just heard. She does not see the relationship. Mayor Insalaco asked where the property is that Mr. Cox has . Ms. Sylvie Baker stated this is the most blighted property that he owns in Apache Junction. It is junk trailers, junk boats, junk RVs, junk cars, junk vans and junk bulldozers . It is like trash from one end to the other. Nobody wants to live next to this . Mayor Insalaco asked where her property is located. Ms . Sylvie Baker stated their property is on Broadway and Cortez . If they let him in they are selling and leaving. They cannot stand the junk. Mayor Insalaco asked her to point to her property on the map. The council does not understand what is going on here. Vice Mayor Dietz commented they are talking about an easement . Councilmember Barker commented they are talking about the easement here, the part that is in red on the map. They are talking about whether the city should abandon that or not. That is the discussion. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 9 OF 20 Ms . Sylvie Baker stated if they abandon it they are going to give him the extra footage for him to bring in his doublewide. Councilmember Barker commented he already has the footage. He has a trailer right on it. Ms. Sylvie Baker stated he does not . It is on Mr. Craven' s property. All the people in the neighborhood hate this man. City Attorney Joel Stern asked her to use the mouse to point out the property. Ms. Sylvie Baker showed them on the map where her property is located. She showed them the United States official floodplain that goes through there. She stated there was concrete on the other side of the single wide trailer that he took out and pushed up there. He laughed at them and used vulgarities . He told them they would have to take all the water from now on and they will be flooded out. City Attorney Joel Stern asked where she lived. Ms . Sylvie Baker showed him on the map where she lives . City Attorney Joel Stern stated she is on parcel OO1E. He asked where Mr. Cox lives. •� Ms . Sylvie Baker showed him where Mr. Cox lives, just south of them. City Attorney Joel Stern stated that is OO1B and her contention is that if the city extinguishes the 9th Avenue area in red he would have more room to bring in his things. Ms . Sylvie Baker stated he will have room to bring in the doublewide. He has already shut them off for the water. If they live there they will have to REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 10 OF 20 spend thousands of dollars to build a concrete abutment to force the water back over there . They will have to build a concrete berm all along their property to protect them. They have a waterway coming in on the other side, too. It is an official United States waterway plain. It is against the law to shut off a United States waterway plain. City Attorney Joel Stern asked if there is an urgency in passing this tonight. Senior Project Engineer Emile Schmid stated it is for the parcel owner of 1B to be able to reset a home in the original location after the previous home was destroyed. He came to the city to apply for a permit to place a home in the same location. The same location was noncompliant as far as setbacks . Therefore the permit was denied. That is what prompted the owner to originally approach the public works department for a federal patented easement extinguishment . He had some issues contacting some of the other parcel owners that were out of state. Besides the issues with the setbacks on his frontage in the easement, staff had noticed there were other encroachments and setback issues along this entire 9th Avenue easement. He stated there are several washes in this area. They are not FEMA regulated flood plains . They are washes. There are state laws that regulate how the parcel owners can use washes . In general they cannot obstruct washes and they cannot change the point to where the wash enters or leaves the property. On the property, within reason, they can reroute a wash. By state statute they are not allowed to block off a wash and cause flooding problems either upstream or downstream. That would be an onsite issue through code compliance or through the development services department to rectify any issues between the two parcels and the washes that are there. Councilmember Barker asked where the original location for the house is . Senior Project Engineer Emile Schmid stated the aerial photograph that he is using is about 12 months old or a little older. He designated on the map the unit he believes was the one destroyed. When he was out there last evening there was still a trailer in this approximate location REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 11 OF 20 with some open doors and windows . It looked like it was inhabited. Councilmember Barker stated if that is the original location it is in compliance. It looks like it is at least 10' if not more from the easement. Senior Project Engineer Emile Schmid stated it was a development services decision on denying the permit . They suggested that he come down and talk to public works. Interim Public Works Director/City Engineer Giao Pham stated they are dealing with multiple issues here. They are basically trying to extinguish the unusable, not needed portion of roadway. If they move forward it does not alleviate Mr. Cox' s property on code compliance issues or drainage regulation. They will still work with the various departments to make sure that everybody plays nice and is consistent as far as the conformity of all the rules and regulations that are in place. If they do not extinguish the roadway, not only is this person in violation, there are a number of others in violation throughout the whole thing. This benefits the whole area. They will work with everybody involved to make sure that everybody follows the rules out there. If necessary, they can work with Joel on changing the rules or changing the code to make sure it is consistent . Councilmember Barker commented they did not get an answer to Joel' s question as to if this had to be done tonight. +• Interim Public Works Director/City Engineer Giao Pham stated from his understanding in working with staff there was a sense of urgency because of the emergency nature of the structure burning down. They are living in a temporary mobile home. There was a sense of urgency for staff to push this through. When they put the doublewide in development services will make sure that it meets the original setbacks and meets the zoning laws that apply to this area. They will not arbitrarily allow somebody to put whatever they want on these properties. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 12 OF 20 Councilmember Barker asked what of the preexisting damming of water. She asked if someone would check into that. Interim Public Works Director/City Engineer Giao Pham stated they would. They will have development services check into that to make sure that it does not happen. Councilmember Smithson commented or that it is corrected if it has happened. Interim Public Works Director/City Engineer Giao Pham stated that is correct . That is why these aerials are invaluable . They can look at aerial maps in the 70' s, 80' s, 90' s and everything else and educate people that the wash was there prior to them buying that property. They can see the cause and effect of blocking these washes in these areas . City Attorney Joel Stern stated he believes there is a gentleman in the back of the room who has been waiting to talk but he needs to ask one more question. He asked if the intent of extinguishing the easements in these areas is because the city does not need the roadways. Senior Project Engineer Emile Schmid stated that is correct. They have no intention or need to open a public roadway, pave it with concrete, gutter and sidewalk and have to maintain that portion of the roadway. Mr. Loren Cox, 880 S. Cortez, Apache Junction, addressed the council . He stated the property in question needs the extra 10 feet because of the trailer he is putting in. It is the only option they have. The cleaning up of the property is on their agenda. Ms . Madonna Erb, 880 S. Cortez, Apache Junction, stated they have had the city out looking at where any areas might be causing any water flow issues . Sam has been out there. Bob has been out there. They know all the gradients. They have a permit for all of that right now. They cannot do anything until they know what is REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 13 OF 20 going to happen to the property. They are abiding by the city laws and ordinances for the wash to drain in the right direction from where they are . There are no obstructions . The only thing sitting on the abutment for the built up part is a little bit of dirt so that once they do pull the trailer in it will drive back so the truck can get out. It will then be removed. It is sitting right up against the abutment and is not in any waterways. That is what they had tried to talk to us about and actually screamed to them about . She does not like confrontations so she walked away. They all did. City Clerk Kathleen Connelly stated we need her name and address and we need his address . Ms . Madonna Erb gave her name and address and advised she was Loren Cox' s sister and that she lived with him. Vice Mayor Dietz commented that someone had said they had put something in the wash further upstream. Ms . Madonna Erb stated they have not changed anything upstream in the wash other than to get debris out from the burnt house and get it to a scrap yard. There is still a little to clean up but it is not in the waterway. Vice Mayor Dietz commented it was all a result of the fire. Ms . Madonna Erb stated there is a car that is burnt that belongs to her son who is out of state. She is trying to get the title so that she can junk it. That will not happen until the middle of this month. Councilmember Serdy asked if there will be two residences on this property. Ms . Madonna Erb stated there would not . They have a little travel trailer that they have been camping in since October on the property while they are cleaning it up. It is hooked up to the electrical and water. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 14 OF 20 p p Councilmember Serdy commented they both reside there and they are brother and sister. Ms . Madonna Erb stated her fiancé also lives there but he is out of town working right now. Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council . He stated when they rush with a change without having all the details it might not be good and could possibly cause litigation. He suggested they table this one and get all the facts . Mayor Insalaco closed the public hearing and reopened the item to council discussion. City Manager George Hoffman asked if staff can affirm that the waterway has not been blocked. If it has been blocked he asked if they could withhold the building permit for the placement of the doublewide until the waterway is cleared. City Attorney Joel Stern stated it depends on where the building permit states it is being placed. They would need further investigation. Some issues have been brought to their attention tonight that need to be looked into before they act on this . Councilmember Barker commented she would prefer not to vote on this right now. There are many, many issues that have come to light that she is not comfortable with. Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Smithson commented he would like to see code compliance out there and anyone else that who can resolve those issues . He MOVED THEY CONTINUE THIS ITEM TO MAY 15 . Vice Mayor Dietz asked if that is enough time for staff. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 15 OF 20 City Attorney Joel Stern stated two weeks is fine. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS SELECTION OF APPLICANT TO FILL BALANCE OF COUNCIL TERM CREATED BY RESIGNATION OF DOUGLAS COLEMAN ) Vice Mayor Dietz commented before they get into nominations he wanted to thank everyone who put in for this . He thought it was a very good turnout of nine people that was whittled down to four. He thanked Councilmember Wilson for coming up with the idea of getting down to three people and come back for a second round of interviews. He thought that was a really good, positive option. It was really helpful in making our decision. This was a real tough one. They had a lot of qualified people that put in for this. He appreciated everyone' s efforts, time and energy spent. For him it came down to last night' s questions . He looked at everything before he made a decision: their history, what they have done, how the questions were answered in the past, how they answered the questions given by the council and how they presented themselves. It was difficult to come up with just one, but he would like to NOMINATE DAVE WALDRON TO FILL THE VACANT COUNCIL ,— POSITION. Mayor Insalaco asked if there was another nomination. Councilmember Wilson thanked everyone. There were originally ten but they had one who stepped aside because of health reasons. He agreed it was very difficult. He NOMINATED CHRISTA RIZZI . Mayor Insalaco asked if there were any more nominations three times. He called for a vote. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 16 OF 20 City Clerk Kathleen Connelly asked if he had closed the nominations . Mayor Insalaco stated he had. City Clerk Kathleen Connelly commented under Robert' s Rules they will consider the nominations in the order in which they were offered. For the . benefit of the public, Robert' s Rules does not require a second when someone is doing a nomination. The first one will be for the nomination of Dave Waldron. VOTE: 4-2 (Councilmembers Wilson and Serdy voted in opposition. ) Councilmember Smithson stated during the vote that it is too bad that it will be viewed that by voting for one you are against the others . It is not the case. It is a very difficult decision. Councilmember Serdy stated during the vote that he wanted to say the same thing as Councilmember Smithson. He looks forward to working for whoever gets picked. City Clerk Kathleen Connelly stated after the vote that the nomination is concluded. Mayor Insalaco welcomed Mr. Waldron. Vice Mayor Dietz commented he would like to encourage everyone that put in but did not get selected to not feel bad. They should not feel like they did not want them, because they do. There will be opportunities coming up shortly. There will be another election coming up and there should be some openings . He will not be running again so there will at least be one here. He thanked them and asked them to please look at what is happening in the future. Councilmember Smithson concurred. REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 17 OF 20 .. .. NEW BUSINESS None. COUNCIL DIRECTION TO STAFF None. 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, MAY 14, 2012, 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, MAY 15, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Elliott Fisher, 547 E. Quail, Apache Junction, addressed the council regarding term limits, his medical marijuana referendum and reducing impact fees to upgrade housing. 0. Mr. Scott Prior, 855 E. Pima, Apache Junction, addressed the council to introduce himself as a candidate for the state senate. Mr. Tom Bearup, 3281 N. Hunt Highway, Florence, addressed the council to introduce himself as a candidate for Pinal County Sheriff. Councilmember Barker stated as one of the entrenched she addressed the term limitations by stating they do have term limitations, it is called voting. Since she got over 70% of the REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 18 OF 20 vote last time, she does not believe people are upset with her continuing to run. Mayor Insalaco commented he cannot remember any of them discussing term limits . They are words out of Elliot Fisher' s mouth. ADJOURNMENTAsk Mayor Insalaco adjourned the meeting at 7 : 55 p.m. Consent Agenda Items are as follows: 1. Acceptance of Agenda . 2. Approval of Minutes of Regular Meeting of April 17, 2012 . 3. Consideration of the purchase and award of a fleet vehicle for the Police Department through State Contract #ADOT 11- 004994 . ACCEPTED THIS 15TH DAY OF MAY, 2012, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF MAY, 2012 . JOHN S . INSALACO Adak Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 19 OF 20 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 1st day of May, 2012 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 7th day of May, 2012 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL MAY 1, 2012 PAGE 20 OF 20 �` gAPofHF JL Oa , ,y oJunction aity o_f'Apache U `,. Z Home of the ,Super tlition :l-lountarrrs Print TO: City Manager's Office FROM: Jerald L. Monahan, Chief of Police DATE: May 15, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Public Safety TITLE OF AGENDA ITEM: Consideration of approval of agreement with PETDATA, Inc. for animal licensing services in an amount not to exceed $30,000 00 ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Staff respectfully requests approval of the agreement with PETDATA, Inc. for animal licensing services for a period of three years in not to exceed $30,000 00 FISCAL IMPACT: OPTIONS/ALTERNATIVES: ECOMMENDATION: ATTACHMENTS: Click to download ❑ PETDATA. Inc.Agreement AGREEMENT WITH PETDATA FOR ANIMAL LICENSING SERVICE This Agreement is made as of the day of 20 (the "Effective Date") by and between THE CITYOF APACHE JUNCTION, an Arizona municipal corporation ("City"), and PETDATA, Inc. a Texas for-profit corporation ("Contractor"), both of which may be hereinafter referred to collectively as the "Parties." RECITALS A. City desires to retain Contractor to assist in animal licensing services and to make payment for the same in accordance with the terms and conditions set forth in this Agreement, including all attachments and addenda which are appended hereto by mutual agreement of the Parties. B. The open market procedures set forth in the Apache Junction City Code have been satisfied. C. The Parties have set forth below contemplated services Contractor will provide City, including payment terms for such services and products. AGREEMENT NOW, THEREFORE, in consideration of the Recitals noted above, the mutual covenants and conditions below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. CONTRACTOR'S DUTIES: Contractor agrees to perform the professional services detailed in Exhibit A 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Contractor for professional services in an amount not to exceed $30,000.00 annually, in accordance with the price sheet set forth in Exhibit B. 3. CONTRACTOR BILLING: Contractor shall bill City in a total amount not to exceed Section 2 above. City shall pay such billings within thirty (30) calendar days of the date of receipt. 4. TERM/RENEWAL: This Agreement shall be effective beginning on , 2012 and shall remain in full force and effect until ,2015 unless otherwise terminated as set forth herein. Following the initial term, the Parties may, by mutual agreement, renew or extend this Agreement a maximum of 2 additional 1-year terms. 1 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Contractor with all data, information and other supporting services specified in Exhibit A. 6. CONTRACTOR'S STANDARD OF PERFORMANCE: While performing the services, Contractor shall exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Contractor shall be responsible for all errors and omissions Contractor commits in the performance of this Agreement. 7. NOTICES: All notices to the a Party required under this Agreement shall be in writing and sent by first class certified mail, postage prepaid, return receipt requested, addressed to the following: If to City: City of Apache Junction Police Department Office of the Chief of Police 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Contractor: PETDATA Inc. Chris Richey, President PO Box 141929 Irving, Texas 75014-1929 8. INSURANCE: Contractor, at its own expense, shall purchase and maintain the herein stipulated minimum insurance with companies duly licensed, possessing a current A.M. Best, Inc. Rating of B++6, or approved unlicensed in the State of Arizona with policies and forms satisfactory to City. All insurance required herein shall be maintained in full force and effect until all work or service required to be performed under the terms of the Agreement is satisfactorily completed and formally accepted; failure to do so may, at the sole discretion of City, constitute a material breach of this Agreement. Contractor's insurance shall be primary insurance as respects the city, and any insurance or self-insurance maintained by City shall not contribute to it. Any failure to comply with the claim reporting provisions of the insurance policies or any breach of an insurance policy warranty shall not affect coverage afforded under the insurance policies to protect City. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against City, its agents, officers, officials and employees for any claims arising out of Contractor's acts, errors, mistakes, omissions, work or service. The insurance policies may provide coverage which contains deductibles or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to City under such policies. Contractor shall be solely responsible for the deductible and/or self retention and City, at its option, may require Contractor to secure payment of such deductibles or self-insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. City reserves the right to request and to receive, within ten (10) working days, certified copies of any or all of the herein required insurance policies and/or endorsements. City shall not be obligated, however, to review same or to advise Contractor of any deficiencies in such policies and endorsements, and such receipt shall not relieve Contractor from, or be deemed a waiver of, City's right to insist on strict fulfillment of Contractor's obligations under this Agreement. The insurance policies, except Workers' Compensation and Professional Liability, required by this Agreement, shall name City, its agents, officers, officials and employees as Additional Insureds. REQUIRED COVERAGE Commercial General Liability Contractor shall maintain Commercial General Liability insurance with a limit of not less than $1,000,000 for each occurrence with a $2,000,000 Products/Completed Operations Aggregate and a $2,000,000 General Aggregate limit. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this Agreement, which coverage will be at least as broad as that on Insurance Service Office, Inc. Policy Form No. CG 00011093, or any replacements thereof. Such policy shall contain a severability of interest provision, and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. The Commercial General Liability additional insured endorsement shall be at least as broad as the Insurance Service Office, Inc.'s Additional Insured, Form B, CG 20101185, and shall include coverage for Contractor's operations and products and completed operations. If required by this Agreement, if Contractor sublets any part of the work, services or operations, Contractor shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an 3 Owner and Contractor's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Contractor's work, service or operations under this Agreement. Coverage shall be on an occurrence basis with a limit not less than $1,000,000 per occurrence, and the policy shall be issued by the same insurance company that issues Contractor's Commercial General Liability insurance. Workers' Compensation Contractor shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor's employees engaged in the performance of the work or services; and, Employer's Liability insurance of not less than $100,000 for each accident, $100,000 disease for each employee, and $500,000 disease policy limit. By execution of this Agreement, Contractor certifies as follows: "I am aware and understand the provisions of A.R.S. § 23-900 et seq. which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of this chapter, and I will comply with such provisions before commencing the performance of the work of this Agreement." If Contractor has no employees for whom workers' compensation insurance is required, Contractor shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Contractor employs any employees subject to coverage. In case any work is subcontracted, Contractor will require subContractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Contractor. Certificates of Insurance Prior to commencing work or services under this Agreement, Contractor shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Contractor's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect. The form of the certificates of insurance and endorsements shall be subject to the approval of the Apache Junction City Attorney's Office, shall comply with the terms of this Agreement, and shall be issued and delivered to City Attorney, City of Apache Junction, 300 East Superstition Boulevard, Apache Junction, AZ 85119. In the event any insurance policies required by this Agreement are written on a "claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor's work or services and as evidenced by annual Certificates of Insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to The Citythirty (30) calendar days prior to the expiration date. All Certificates of Insurance shall be identified with bid serial number and title. Policies or certificates and completed forms of City's Additional Insured Endorsement (or a substantially equivalent insurance company form acceptable to The CityAttorney) evidencing the coverage required by this section shall be filed with The Cityand shall include The Cityas an additional insured. The policy or policies shall be in the usual form of a public liability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for The Cityof Apache Junction, it is agreed that The Cityof Apache Junction and its officers and employees are added as additional insureds under this policy." Insurance required herein shall not expire, be canceled, or materially changed without thirty (30) calendar days' prior written notice to City. 9. APPLICABLE LAW AND VENUE: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all reasonable costs including: all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 10. FORCE MAJEURE: Neither City nor Contractor, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with applicable laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subContractors or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, 5 insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the obligations under this Agreement. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular Contractors, subContractors, vendors or investors desired by Contractor in connection with the obligations under this Agreement. Contractor agrees that Contractor alone will bear all risks of delay which are not Enforced Delay. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay, and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 11. TERMINATION: This Agreement may be terminated by either Party for any reason as of the end of a calendar month upon not less than three (3) months' written notice. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the termination date, and to reimburse Contractor for any reasonable expenses incurred by Contractor in returning or delivering any data or materials to City or in accordance with City's reasonable instructions upon termination. 12. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all liability including but not limited to demands, claims, actions, fees, costs and expenses, including attorney and expert witness fees, arising from or connected with or alleged to have arisen from or connected with, relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Contractor, its agents, employees, or any tier of Contractor's subcontractors in the performance of this Agreement Contractor's duty to defend, hold harmless and indemnify City, its Special Districts, elected and appointed officers, officials, agents, and employees shall arise in connection with any tortious claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss of use resulting therefrom, caused by an Contractor's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor, any tier of Contractor's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Contractor may be legally liable. However, Contractor shall not be liable or obligated to defend, indemnify or hold harmless City or any other indemnitee described in this Section to the extent that any demand, claim, action or other cause for indemnification arises from the negligent act or omission or willful misconduct of City or any other indemnitee described in this Section. 13. LICENSE: Contractor represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Contractor understands that the activity described herein constitutes "doing business in The Cityof Apache Junction" and Contractor agrees to obtain a privilege tax license pursuant to Article 8-5 of the Apache Junction City Code and keep such license current during the term of this Agreement. Any activity by subContractors within the corporate city limits, will invoke the same privilege tax regulations on any subContractors, and Contractor ensures its subContractors will obtain any required privilege tax license. 14. RECORDS: Records of Contractor's labor, payroll, and other costs pertaining to this Agreement shall be kept on a generally recognized accounting basis and made available to City for inspection on request. Contractor shall maintain records for a period of at least two (2) years after termination of this Agreement, and shall make such records available during that retention period for examination or audit by City personnel during regular business hours. 15. RIGHT OF CITY TO CONTRACT WITH OTHERS: Nothing in this Agreement shall imply City is obligated to obtain the services described herein with only this particular Contractor. 16. WAIVER OF TERMS AND CONDITIONS• The failure of City or Contractor to insist in any one or more instances on performance of any of the terms or conditions of this Agreement or to exercise any right or privilege contained herein shall not be considered as thereafter waiving such terms, conditions, rights or privileges, and they shall remain in full force and effect. 17. COMPLIANCE WITH FEDERAL AND STATE LAWS: Contractor understands and acknowledges the applicability of the American with Disabilities Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989 to the services performed under this Agreement. As required by A.R.S. § 41-4401, Contractor hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Contractor further warrants that after hiring an employee, Contractor will verify the employment eligibility of the employee through the E- Verify program. If Contractor uses any subContractors in performance of services, subContractors shall warrant their compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23- 214(A), and subContractors shall further warrant that after hiring an employee, such subContractor verifies the employment eligibility of the employee through the E-Verify program. A breach of this warranty shall be deemed a material 7 breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Contractor is subject to a penalty of $100 per day for the first violation, $500 per day for the second violation, and $1,000 per day for the third violation. City at its option may terminate this Agreement after the third violation. Contractor shall not be deemed in material breach of this Agreement if the Contractor and/or subContractors establish compliance with the employment verification provisions of Sections 274A and 274B of the federal Immigration and Nationality Act and the E-Verify requirements contained in A.R.S. § 23-214(A). City retains the legal right to inspect the papers of any Contractor or subContractor employee who works under this Agreement to ensure that the Contractor or subContractor is complying with the warranty. Any inspection will be conducted after reasonable notice and at reasonable times. If state law is amended, the Parties may modify this paragraph consistent with state law. 18. ENTIRE AGREEMENT. This Agreement and any attachments represent the entire agreement between City and Contractor and supersede all prior negotiations, representations or agreements, either express or implied, written or oral. It is mutually understood and agreed that no alteration or variation of the terms and conditions of this Agreement shall be valid unless made in writing and signed by the parties hereto. Written and signed amendments shall automatically become part of the Supporting Documents, and shall supersede any inconsistent provision therein; provided, however, that any apparent inconsistency shall be resolved, if possible, by construing the provisions as mutually complementary and supplementary. 19. SEVERABILITY: City and Contractor each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation or city code, such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 20. ACCURACY OF WORK: Acceptance of services or work by City shall not relieve Contractor of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Contractor shall make all necessary revisions or corrections resulting from errors and omissions on the part of Contractor without additional compensation. 21. CONFLICTS OF CONTRACTOR: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, Contractor and City have executed this Agreement as of the date first set forth above. PETDATA, INC , a Texas for-profit corporation c By: C IQ,r�,�yi,_ A_ Its: (ftfr1 CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST. Kathleen Connelly, City Clerk 9 APPROVED AS TO FORM: By: R. Joel Stern, City Attorney STATE OF •13( ) ss County of 1 'J.Lt.� ) The foregoing was acknowledged before me this .Z day of rcJ, , 20 12 , by Ci,r:, P ye as �acsid�Ya of PETDATA, INC., a Texas for-profit corporation, on behalf of said corporation. Notary Public My Commission Expires: I - v` as NS (seal) SHERRY DIDEHPu bilBANIc 4142O5 . .� Notary STATE OF TEXAS My Carom Exp.August , STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by John S. Insalaco, as Mayor of The Cityof Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: (seal) EXHIBIT A SCOPE OF WORK Manage the daily operations of animal licensing including the processing of licensing mail from pet owners, processing license sales and vaccination reports, entering licensing and vaccination data, providing customer service and depositing money. Provide veterinarians and other authorized registrars with reasonable quantities of supplies (reporting forms, vaccination certificates, citizen mailing envelopes, etc ) necessary to sell license tags and/or report information on citizens vaccinating their animals against rabies to the Animal License Program Supplies are to be printed in one color with the design and layout to be determined by Contractor and approved by City Please note: City is responsible for purchasing license tags to Contractor's specifications and shipping them to PetData Contractor recommends that tags be shipped directly from tag vendor to Contractor to reduce shipping costs Track monthly vaccination and/or sales reports from all veterinarians participating in animal licensing program and keep record of all tag inventories at authorized registrars. Provide this information to City as requested Furthermore, Contractor will communicate directly with veterinarians as requested by City Enter all new and renewal licenses into Contractor's proprietary database provided that all information has been submitted to Contractor in a complete and accurate format. Process and mail license tags within ten business days after receipt of the licensing payment and complete documentation as required by local ordinance Issue replacement tags to citizens whose license tags have been lost, stolen or damaged. Process rabies vaccination certificates on behalf of City and mail notices to those pet owners who vaccinated their pet(s) against rabies, but did not purchase license(s). Mail renewal and reminder notices to pet owners who have a prior license Mailing timetables are to be mutually agreed upon. Contractor deposits all receipts collected for license fees into a separate checking account set up by Contractor solely for the purpose of collecting City license fees. The account will be managed and reconciled by Contractor, but may be monitored by City via monthly statements, registers and read-only access to online banking for the account. No other monies are deposited into this account, and bank account fees are passed on to City monthly Within 15 business days of the end of the month, Contractor submits licensing reports to City in addition to a balance sheet The balance sheet shows the gross revenues collected, less fees to Contractor and banking fees, and shows the net revenue that is sent back to City in the form of a check. Mailing expenses associated with sending payments to City will be borne by Contractor. Under this Agreement if in any given month, there are not enough funds to cover City's fees due to Contractor, Contractor will deduct those fees from City's balance in the following month or months until fees are paid in full. Provide a monthly report of animals licensed. Format of report is to be mutually agreed upon. Provide statistical reports as requested within a timely manner. Depending on the information requested, Contractor can provide most reports within five business days Provide access to licensing data online to appropriate personnel via Contractor's proprietary website, PetAccess, at no additional charge. Respond to and communicate with animal control officer inquiries or animal owners' requests in a timely fashion but in no case longer than two Business Days Communicate with citizens by phone, mail or email as needed. 1 Comply with all state and local laws governing animal licensing. IMPORTANT: TRANSITION PHASE Contractor plans to begin processing licenses 60 days after the date that the contract is executed provided that the following requirements are met by City. 1. Contractor requires that the City provide historical license data files ("Data") within 5 business days from the date that the contract is executed. 2. In addition, Contractor requires certain supplies, data, feedback, process information and approvals for such items as form designs ("Deliverables") in order for Contractor to begin servicing this contract in a timely manner. Deliverables will be requested throughout the 60-day transition phase. Contractor requests that City provide Deliverables within 5 business days from date of request. Any delays in providing Deliverables will result in delays in implementing this contract. Representations made in Exhibit A, "Scope of Services" with regards to processing time for data entry and tag mailings are contingent upon all Deliverables being provided to Contractor in a timely manner. EXHIBIT B FEE SCHEDULE 1. Base Fees Contractor shall receive base fees as follows: • $3.85 per license for a one-year license or a replacement tag. $2.00 for each additional year after year one if there are multi-year licenses. $2.50 Collection Service Fee for each late fee and/or citation fee collected during the term of this Agreement, if applicable. Important. Contractor is to be paid for all licenses issued throughout the contract period, including those licenses issued by the city, veterinarians, and any other authorized registrars or agents. 2 Start-Up Fee $1,000 one-time only start-up fee The Start-Up Fee is due upon execution of the contract by City. There are no Start-Up Fees for term extensions and/or renewals Note: Postal Surcharge In the event that the United States Postal Service increases its postage rates during the term of this contract in a manner that affects Contractor's cost to provide service to city, both parties agree that contactor's fees may be adjusted to compensate Contractor for actual increased costs. The justification for such increase will be submitted to city for approval. ADDITIONAL SERVICE FEES The following fee(s) will only apply if services are requested by City 1 In the event Contractor establishes and/or maintains a separate bank account on behalf of the city, City will be responsible for the actual cost of the bank account Any bank fees will be paid directly by Contractor and Contractor will be reimbursed for those fees on a monthly basis The City can request copies of the bank statements at any time and Contractor will provide bank statements within five business days after requests are received by the city. 2. Bank Deposit Mailing Fees: In the event Contractor is required to deposit money into a City bank account other than at a local branch in Irving, Texas, the actual cost to mail deposits to City's bank will be added to the invoice submitted to City 3. Postal Box/Mail Forwarding Fee: In the event that City requests Contractor to establish a local post office box for mail collection and forwarding, City will be billed for the actual costs of mail box rental, mail forwarding and postage fees 4. Supply Fee: In the event that Crty requests changes to supplies which it has previously approved, City will be responsible for the actual costs associated with changing, replacing or discontinuing the use of the previously approved supplies 5 Lock Box Fees: In the event that City utilizes a lockbox, the actual fees and costs associated with the lockbox, including the cost to forward mail to Contractor from a lockbox, shall be borne solely by City. CHARGES TO LICENSEE NOT CITY 1 Online Transaction Fees (Paid by licensee, not by City): $1 95 per online transaction to be charged to licensee 2 Bad Check/Payment Fees (Paid by licensee, not by City) If Contractor establishes a depository account on behalf of the City, Contractor shall be entitled to charge a fee of $25 00 to any individual who submits a check or payment which is not valid or otherwise returned for any reason ADDITIONS/DELETIONS OF SERVICE City reserves the right to add and/or delete services to this Contract subject to Contractor's approval Should additional services be required from this Contract, prices for such additions will be negotiated between the Contractor and the City Should a service requirement be deleted from this Contract, no adjustments for such deletions will be made. ROLL CALL VOTE NOTES: J tiv tt 4/?1 ITEM # MEETING OF "6„,i,„v‘ MOTION BY: SECONDED BY +`^' YES NO ABSTAINED COUNCILMEMBER SMITHSON COUNCILMEMBER BARKER VICE MAYOR DIETZ COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL Ada CONSENT AGENDA ITEMS NO. 1-3 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO THE AGREEMENT BETWEEN PETDATA, INC AND THE CITY OF APACHE JUNCTION FOR ANIMAL LICENSING SERVICES FOR THREE YEARS IN AN AMOUNT NOT TO EXCEED $30,000 PER YEAR, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. PPI►CH ✓ G °� City of Apache junction Home of the Superstition Mountains 1P1zOpR Print TO: City Manager's Office FROM: Giao Pham P.E., Interim Public Works Director DATE: May 15, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: PROCLAMATION DESIGNATING MAY 20-26, 2012 AS "NATIONAL PUBLIC WORKS WEEK". ACTION REQUESTED: Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: National Public Works Week recognizes the contributions that Public Works employees make every day to our health, safety and comfort. FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: Leading of Proclamation. ATTACHMENTS: Click to download Q Proclamation of National Public Works Week Proclamation "NATIONAL PUBLIC WORKS WEEK" MAY 20-26, 2012 WHEREAS, PUBLIC WORKS services provided in our community are an integral part of our citizens'everyday lives, and WHEREAS, the support of an informed and understanding citizenry is vital to the efficient operation of PUBLIC WORKS systems and programs, and WHEREAS, the health, safety and comfort of this community greatly depends on these PUBLIC WORKS facilities and services, and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction is vitally dependent upon the efforts and skill of PUBLIC WORKS officials, and WHEREAS, the efficiency of the qualified and dedicated personnel who staff PUBLIC WORKS departments is materially influenced by the people's attitude and understanding of the importance of the work they perform. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Apache Junction, Arizona, that I, Mayor John S. Insalaco do hereby proclaim May 20th through May 26th, 2012 as "NATIONAL PUBLIC WORKS WEEK" in Apache Junction, and call upon all citizens and civic organizations to acquaint themselves with the efforts involved in providing our PUBLIC WORKS services, and recognize the contributions the PUBLIC WORKS employees make every day to our HEALTH, SAFETY, COMFORT AND QUALITY OF LIFE Signed this day of , 2012 JOHN S. INSALACO MAYOR ATTEST KATHLEEN CONNELLY CITY CLERK &CHF✓ G d C;its ofApache junction Home of the .S upe;:/ition Mountains 4Rizoto*. Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: May 15, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: ADMINISTRATION OF OATH OF OFFICE AND SEATING OF NEWLY-APPOINTED CITY COUNCIILMEMBER DAVE WALDRON. ACTION REQUESTED: Information Only (No discussion) DISCUSSION/ BACKGROUND INFORMATION: The city clerk will administer the oath of office to the new council member. Note This oath will be done for ceremonial purposes only The initial oath of office was done on May 1, 2012 FISCAL IMPACT: OPTIONS/ALTERNATIVES: 1ECOMMENDATION: ATTACHMENTS., Click to download D oath City of Apache Junction OATH OF OFFICE STATE OF ARIZONA ) County of Pmal ) ss City of Apache Junction ) I, DAVE WALDRON, do solemnly swear that I will support the Constitution of the United States and the Constitution and laws of the State of Arizona, and the Ordinances of the City of Apache Junction, that I will bear true faith and allegiance to the same, and defend them against all enemies, foreign or domestic, and that I will faithfully and impartially discharge the duties of the office of Council Member according to the best of my ability,so help me God Signature �'` Subscribed and sworn to before me this 15th day of May,2012 City Clerk pypCHE 3 ' 0 City of Apache Junction I Home of`the .rupersiztto/1 Mountains �9I2Q Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: May 15, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: APPLICATION FOR A TEMPORARY EXTENSION OF PREMISES FOR LAWRENCE C. GARRETT VFW#7968 LOCATED AT 250 S. PHELPS DRIVE FOR AUGUST 11 AND AUGUST 12, 2012. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: An application for a temporary extension of premises has been submitted by Lawrence C Garrett VFW#7968 for Mike Ferguson's Homecoming on August 11 and August 12, 2012 The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download D cover memo D application D applicant letter D department memo LI planning recommendation Ll pd recommendation D fire district recommendation 00.16, MAY 2, 2012 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK- f}` SUBJECT AGENDA ITEM FOR MAY 15, 2012: APPLICATION FOR AN EXTENSION OF PREMISES FOR LAWRENCE C GARRETT VFW#7968 An application for an extension of premises has been submitted by Mr Michael Ferguson of Lawrence C Garrett VFW #7968 for Mike Ferguson's Homecoming on August 11 through August 12, 2012 at 250 S. Phelps Drive, Apache Junction Correspondence has been received from the planning division, police department and fire district, a copy of which is attached The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.aziiquor.gov (602)642-5141 APPLICATION FOR EXTENSION OF PREMISEVPA71O PERMIT THIS APPUCATION MUST SE RETURNED TO THE DEPARTMENT OF LIQUOR ET Permanent change of area of service-List specific purpose for change 05 *II Temporary change for date(s)off /11 /2012 through Oa /12 /2012 List specific purpose for change welcome home reception for member elcected as State Commander of the Arizona Department or the VFW 1 Licensee's Name agent Ferguao^ Michael rent Last First Middle 2 Mailing Address rx,s Phocaon.r• rN»w.banal Amon. 65120 City State Zip 3 Business Name t C.Gan«1 VFW PO.t MS LICENSE it /11//,j i ! 2-- 4 Business Address. 250 S Ptrarpe Drive Apache Junction Pint Arizona 85120 City COUNTY State Zip 5 Business Phone (480 ) e71-8230 Residence Phone(480 ) 871-88e7 6 Do you understand Arizona Liquor Laws and Regulations? ©YES[]NO Fax rk-( ) 7 Have you received approved Liquor Law Training?[] NO®YES If so.when does your Certificate expire'? :.r%)-E-icpi S-!H1 8 What security precautions will be taken to prevent liquor violations in the extended area? t ..mim v • hi05 RYES 9 Does this extension bring your premises within 300 feet of a church or school? YES ❑■ NO 10 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. ❑Barrier Exemption an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested Barrier exemptions are granted based on public safety,pedestrian traffic,and other factors unique to a licensed premises. List specific reasons for exemption. Investigation Recommendation❑Approval ❑Disapproval by Date I /_ ****After completing sections 1-10,please take this appplication to your local Board of Supervisors,City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor ,— This change in premises is RECOMMENDED by the local Board of Supervisors.City Council or Designate. (Authortted Signature) Oldie) (Agency) r, ICI-/f1i:.L. iL 1?r ,•,r+.-• , being first duty sworn upon oath,hereby depose.swear and declare. (PrintAUlftwmei under penalty .perjury4t I am the APPLICANT making the foregoing application I have read this application and the contents and all sty nts are correct and complete x 'u1 � iG� ` � f State of RY ••ML. P C{ County of C 1 , --� SUBSCRIBED IN MY PRESENCE AND SWORN TO bef me this date (Signature of OwFfer or Agent) 4 L 1 ke r.-, 1 2 u / ,Z. Qrj � Month Year My commission expires on ±l_3 /�njc .--,-- -.-.---- turd of NOTARY P C) lnvestigaton Recommendation C]Approval ❑ Disapproval by. Date / I_ Director Signature required for Disapprovais Date /,_t--__ 2/8/2012 `► • .,-t,,/� • °ai accommodation,please call the Department(602)542-9027 NOTARY ,.+:-► 1 STATE OF ARIZONA 1Pima Coumy `:-•,:',' SUZANNE HENINOER MyCernmIssice expires otf31/15 _ _ _ _ _ i MIKE FERGUSON 'S' - ivr I: ii, HOMECOMING! ,, wk... Saturday August ust 11 th _2012 Wkexc.: 1 st# 7968 - 1 ,=�� o P 250 S. Junction,ache Dr.PheIps A Az da : � .., ,,. .. an . , . . . , =. d - , %, , 4:pm - Arriving & Serving Appetizers! {,. ` ' *, 5:pm till 7:pm - Serving Dinner! d .. �_.ek MENU Whole Hog, Smoked & Carved! ,. ;: Corn on the Cob! ; , *. • • , ► Green Salad & Much More! , , , _ 4 ,.. _ 4, k IT:- (Price: $16.00 each person} �; 4 i'' t f*S'"Y .._ . ' T 6:pm Hula Dancers & More! 7:pm Music by: "BREEZE" DRESS CASUAL - f/A WA/IAN SHIRTS - SHORTS - ETC, oarasi Friday MO SHUFFLEBOARD TOURNAMENT -Sign up 6:pm $250 Cash Prize Minimum Saturday 8/11 WII BOWLING TOURNAMENT - Sign up 1 :pm $250 Cash Prize Minimum Scooter / Gas Card Raffle Drawing 7:pm J PS INSI' Y d 1 IY i 1:1- / , , I Y kJ k <� S o a r+�ice,,. --) U N <4 ••,-- u) ,... .. ez v/ 4-A--r---i N/v'a 4-IQtS I ; ,�oo 724 i 1 4 ! I 1 ► 1 I I ?17vm"alS Frr 'LEI_ '`i `ifl party Mat dd V�‘afe ... \ , \\ Pa154 l;o��. Cd.r •1 CArT \ ` Q �Ct n, O r tQ ../.. ...4\ \ '-•. . s\ rt -- 1 ` e. � k p +L � (3" X a a - -41 14 .6. + it 1 1 . .. \ 4- c‘I ''t -, M O 44 \ ‘"\\ S „1-3 'WI \ —fl 1 0 oy P , tw+.:z. ,�?0\ too 4 ,.. 4 OttE el I°11V ' N-- 4\1. a N. \ 1 ' \ \ \- 1 'Ir -'mil Ri S 2117gn11.2C{ • .1Na 1 A f/ti ' 1 1 ?A H� �J ray, e,!�;l L(leh-C f i�rtrlfra r ti• home of the Superstition Mountains 4q zOt /'N April 15, 2012 Michael Ferguson Lawrence C Garrett VFW Post#7968 250 S. Phelps Apache Junction, AZ 85120 Dear Mr Ferguson Please be advised that your application for an Extension of Premises for Lawrence C Garrett VFW Post #7968 for Mike Ferguson's Homecoming to be held August 11, 2012, at the Lawrence C. Garrett VFW Post #7968, 250 S Phelps, has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on May 15. 2012, at 7 00 p m in the City Council Chambers. 300 E Superstition Blvd , Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control Your attendance is requested should council have any questions on this application If you have any questions concerning this matter, please contact my office at (480) 982-8002 Sincerely, Kathleen Connelly City Clerk •Voice(480)982-8002 • FAX(480)982-7018•TDD 080)983-0095 • www ajciry net 300 E Superstition E3oulevard, Apache Junction.AZ 85219 p APRIL 15, 2012 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK j FROM JAN MASON, DEPUTY CITY CLERK SUBJECT. APPLICATION FOR AN EXTENSION OF PREMISES FOR LAWRENCE C GARRET VFW POST#7968 Mr Michael Ferguson has submitted an application for a temporary extension of premises for Michael Ferguson's Homecoming to be held on August 11. 2012. at the Lawrence C Garrett VFW Post#7968, Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Wednesday, May 2, in order for this item to be placed on the agenda for the City Council meeting of May 15, 2012 iv /�► _ r"1 Janet Mason From. Rudy Esquivias Sent- Wednesday, May 02, 2012 1104 AM To: Janet Mason Cc: Brad Steinke Subject. RE Temporary extension of premises for VFW#7968 Jan This property is part of a commercial subdivision and it is properly zoned C-3/PD(General Commercial District by Planned Development) Planning staff has no objections to this 2-day event V i— Sr�t1LVLt7� Senior Planner/'Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 SERVICE OVER AND ABOVE THE REST (Covelopment Services Department office hours :Monday through Thursday from . 00am to 66.00pm, closed Fridays and Holidays From: Janet Mason Sent: Wednesday, April 18, 2012 9 41 AM To: Dave Montgomery (dave,montgpmeryaajfir org), Jeff Robinson, Rudy Esquivias Subject: Temporary extension of premises for VFW #7968 l have received a temporary extension of premises permit from Lawrence C Garrett VFW#7968 for August 11 through August 12 Please have your department recommendation to me by Wednesday, May 2, in order for this to be on the May 15 council agenda Thanks eiN Janet Mason Deputy City Clerk City Of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480-414 5068 imasontCaicity.net Service Over and Above the Rest This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email Emoils generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule. To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other LICE Apache Junction Police Department QOcPs, Memorandum * DATE. April 25, 2012 TO. Janet Mason NV Chief Jerald Monahan 4 THROUGH Captain Troy Mullender .04 FROM Lieutenant Jeff Robinson SUBJECT VFW Special Event Ms. Mason, On April 21, 2012 Sergeant Glen Durkin went to the VFW, 250 South Phelps, regarding their request for special event liquor license (Mike Ferguson Event) Sergeant Durkin met with Derek Tramondo, who assured him that the event will be fenced in and covered by commercial grade tents They will also be providing their own security Sergeant Durkin advised that this is an established business with full facilities and sufficient parking The Apache Junction Police Department recommends approval of this request. �* District Ac QQ.i '4, Apache Junction Fire District ` r 'z it565 North Idaho Road, Apache Junction, AZ 85219 4EcisIO. Phone (480) 982-4440, Fax(480) 982-0183 "?,ir,fy 4 ternatio,' MEMORANDUM TO: Jan Mason,Deputy City Clerk City of Apache Junction 300 E. Superstition Blvd Apache Jct,AZ. 85219 FROM John Suniga,Deputy Fire Marshal DATE April 18,2012 SUBJECT: Application for Extension of Premises-250 S.Phelps,Apache Jct..AZ The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 250 S Phelps, (VFW Post#7968) We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440. Thank You JOS ATTN: Application ROLL CALL VOTE C15- ' \V NOTES: )7\L g j . 0/ ITEM # MEETING OF I> u' +; MOTION BY SECONDED BY I 4?-1 YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER SMITHSON COUNCILMEMBER SERDY i COUNCILMEMBER BARKER j COUNCILMEMBER WILSON J VICE MAYOR DIETZ ::/i MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 7 I MOVE THAT THE TEMPORARY EXTENSION OF PREMISES FOR LAWRENCE C GARRETT VFW#7968 FOR AUGUST 11 AND AUGUST 12, 2012, SUBMITTED BY MIKE FERGUSON, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL PUBLIC HEARING 1. For APPLICATION FOR A LIQUOR LICENSE FOR AJ TOBACCO AND LIQUOR 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. CZty of Apache Junction Home of the Supe;a71tzo11 : l o111f/c1111s 4Rizos* Print TO: City Manager's Office FROM: Kathy Connelly, City Clerk DATE: May 15, 2012 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 AJ TOBACCO AND LIQUOR LOCATED AT 1601 W. APACHE TRAIL. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: An application for an interim permit, person transfer, limited liability co., Series 9 liquor license ahs been submitted for AJ Tobacco and Liquor(formerly Fox Tobacco and Liquor) The next step in the procedure is a public hearing where the council shall make a recommendation for approval or denial to be forwarded to the Arizona Departmen of Liquor Licenses and Control. FISCAL IMPACT: OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download ❑ cover memo L) application part 1 ❑ application part 2 D name change notification ❑ notice L) applicant letter ❑ department memo D planning recommendation D pd recommendation ❑ fire district recommendation MAY 3, 2012 MEMORANDUM TO. HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK`--,) , SUBJECT AGENDA ITEM FOR MAY 15, 20120 APPLICATION FOR A LIQUOR LICENSE FOR AJ TOBACCO AND LIQUOR (formerly Fox Tobacco and Liquor) An application for an Interim Permit, Person Transfer, Limited Liability Co , Series 9 Liquor License has been submitted by Mr. Samir Ankat for AJ Tobacco and Liquor (formerly Fox Tobacco and Liquor) located at 1601 W Apache Trail, Apache Junction. Correspondence has been received from the police department, planning department and the 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 NOTE The original application was for the business name of Fox Tobacco and Liquor and all the correspondence/documents pertain to that name On May 2 we received notification from the Arizona Department of Liquor Licenses and Control that the owner had changed the name to AJ Tobacco and Liquor. A copy of that notification has been included in your packet es Arizona Department of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 ww'w.azii'quor.gov 602-542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK ^ Notice* Effective Nov.1,1997,All Owners.Aoents.Partners.Strackhoideas.Officers.or Manaraers actively involved in the day to day 000rations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements SECTION 1 This application is for a• SECTION 2 Type of ownership ❑MORE THAN ONE LICENSE ;INTERIM PERMIT Complete Section 5 0 J T W R.O S Complete Section 6 0 NEW LICENSE Complete Sections 2,3,4, 13, 14, 15, 16 Cl INDIVIDUAL Complete Section 6 ('PERSON TRANSFER(Bars&Liquor Stores ONLY) 0 PARTNERSHIP Complete Section 6 I Complete Sections 2,3,4, 11, 13, 15, 16 ❑CORPORATION Complete Section 7 0 LOCATION TRANSFER(Bars and Liquor Stores ONLY) g LIMITED LIABILITY CO Complete Section 7 Complete Sections 2,3,4, 12,13, 15, 16 0 CLUB Complete Section 8 PROBATEWILLASSIGNMENTIDWORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2,3,4,9, 13, 16(fee not required). - 0 TRUST Cor»prete 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). c' COI,I, (Y '2,-, k 1 Type of Licensees) 49 eparlrx tt Use Only 2 Total fees attached $ APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE) ARE NOT REFUNDABLE. The fees allowed untier A.R,S.44-6852 will be charged for all dishonored checks, SECTION 4 Applicant OwnertAgent's Name ms , - -.fr.v.A1/4-' /,r'��1 l{ tu D insert one name ONLY to appear on license) Last Fast r7 i -Middle 2 Corp!Partnership/LC L 4,. ,_•,_ LL[i, 11 1 q 4 (Ex y as 1 appears .motes of Inc or truces of Org) 6 1 t.%3q Cy r- J � 1 3 Business Name t-t j r) 4t Li vt IY' (ExB yas it appears on the ekteriw of p es): ( PI:A-14 ON c 4 Principal Street L :ion ; z la � Q,, ;Do rr.I use PO Box r) cty s �cixr`i Tip 5 Business Phone Uv) O$3-64323Daytime Contact Go). �j ''8 Li a(',� 6 is the business located within the incorporated limits of t • bove city or town. ES ONO 7 Mailing Address f o t to C ' 1{f i �,ltttz ,t 1 j S�1 1.) 8 Price paid for license only bar,beer and wine,or liquor store Type $ Ate" Type $ DEPARTMENT USE ONLY -t- CC.) P'f Fees 1(AD' ICE-) ULI,cz ---y, , Applicabon Intenrn Permit Agent Change Club Finger Prints$ o .4i � TOTAL OF ALL FEES is Arizona Statement of Citizenship&Alien Status For State Benefits complete? 0 YES ❑ NO Accepted by Date. L')7 1 (n - 1 . Lic # CT--1 1 1 SC-31,Th Juiy zoo "Disabled individuals requiring special accommodation,please call(602)542-9027 n_ f elk AogiN SECTION 5 Interim Permit. 1, If you intend to operate business when your application is pending you will need an Interim Permit pursuant to AR 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 (')9t 11� / 4 Is the license currently in use' YES 0 NO If no,how long has it been out of use? ATTACH THE LICENSELI CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. , I, P1.'i i ;. ' k , declare that I am the CURRENT OWNER,AGENT,CLUB MEMBEFt PARTNER, (Print fug name) MEMBER, STOCK_H OLDER OR LICENSEE (circle the title which applies)of the stated license and location State of V it County of ?!?"t41 X rz !L44 ! _w .._.__ ______,, �_ � y The foregoing instrument was acknowledged before me this c- a re} Ir10Z [I Unr sa„'.: ,,;wo3 kw '^ t7 day of Ma f't h *ill); My commission expires on - , , -ti. Day Month Year Ji412 17, I nowt/ ailand 6relop /' S3NOnH y3S33N0 1 i diCA— ^ ry 1_r -- (Signature of NO ARYIPt 3LIC.) SECTION 6 Individual or Partnership Owners. EACH PERSON LISTED MUST SUBMfr A COMPLETED QUESTIONNAIRE(FORM LIC010t) AN"APPLICANT"TYPE FINGERPRINT CARD,AND$24 PROCESSING FEE FOR EACH CARD, 1 Individual Last r ir%a Middle %Owned M:.snp Addoess CAI/ State Zip Partnership Name (Only the first partner listed will appear on license) General-Limited Last First Middle %Owned Matting Address , - C Starr L:a i El CI r,, tl 100 .— C El Q 0 ATTACH ADDITIONAL MEET IF NECESSARY) rCi ,3 2 Is any person,other than the above,going to share in the profits/losses of the business? IDYES 0 NO r' If Yes give name,current address and telephone number of the person(s) Use additional sheets if necessary Last First Middle Mailing Address City State.Zip Tel hone# i 2 Sri k 5ti • k 4t 4 4 3.1 is 4 fr a T ' . ♦ J.. ♦ y r t, "' r 'r,lc id {, w d,.°; } ,. � 'Si' ;"" ;f{' <t ay, a '' r 1. .+4,' .4`�e „y" 3 ':ft ''' s fir, %�'.�� .[-.�r ;g�'''.. .. di•i"U ,''r.. � . t� �zy„' y' s , .�. r4 v.s. `: }r�Y �✓l:k't,j.� }h ,..F`�'t.,,,,.',t � �. ^3'� :t y ,f �,�\ tlib ;t41. '��!"4. '1T"' �tr ,.... �.�"' '... ,, t. it • ,t `i' —. < e�I tip''. . 5. It f! h v� t r•. 1 .o� ARr `o �,STATE ARIZONA r ��:: I .EPARTM T OF �� OR LICENSES . , :- , AND CONTROL ,,,, ALCOHOLIC BEVERAGE LICENSE ;- License 09 i i 5 00 , .„ ., Issue Date. i/_31r'20U8 Expiration Date; 6/31/2 2 �t Issued To , Liquor Stoi e 3 _` '� ";i MITCHEIA JOSEPH FOX,A,tnt ;E FOX COMPANIES LLC,t_)„'net htathn Adtlre.,;. .31 1 : , t. Lcwatton mi"rC HELL JOSEPH FOX FOX 10B.NCCO AND LIQUOR ('{t a t OMI'ANIES LLC' i ,r`' �s 16O I W APAC H!_ FRAIL SFr.#1 II{ 111�iiAC C O AND LIQUOR 1 ' +n , AP-ACHE JUNCTION AL 120 1 P 1 4I Ai'At_11L TRAIL#1 �,� Jr ,„, APAt'III JUNCTION,ION` AZ tic 120 JL, ''- � s """£££i +}",�i_' 2f POSTTEi1SI3CINSLINACONSPICUOUSPLACL 3 ; r2} . - C ' • 4 ( 44'{y4+c. x 1i.itaw«pia---:'.Lk + 4.1...a! • 1, ;`..N -,u,,,,,,,,..;;„ — ., ,a4a,.. , ----,:lit, --4. .1 /'\ SECTION 7 Corporation/Limited Liability Co• EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT'TYPE FINGERPRINT CARD,AND S24 PROCESSING FEE FOR EACH CARD 0 CORPORATION Complete questions 1, 2,3,5,6, 7,and 8. - + LL C Complete 1,2,4,5, 6, 7,and 8. 1 Name of Corporation/L C iA AIN L LC_ 'exactly - ,rt-ap .ors on Articles of Incorporation or Art cies of Organlzatcrti 2 Date IncorporatedlOrganized '` State where Incorporated/Organized ;t l Z. 3 AZ Corporation Commission File No u Date authorized to do business in AZ i 4 AZ L LC File No L- i I a4 "a.� - i Date authorized to do business In AZ / —9- t 5 Is Corp r1.L C Non-profit?0 YES KNO o List all directors officers and members in Corporation/LC Last First Middle -t(e AG,-l'esss `. City Mate Zi \ + �rr�-(_�L A4Llt u C) /{ A .5 1e iTZ 47-.AOH ADDITIONAL SHEET IF NECESSARY) 7 List stockholders who are contrclimg persons or who own 10%or more Lasi Fi mt "ttSC B %Ow11eh Ma ling f ddrer_ aty State Zip 6143a � � ATTACH ADDITIONAL SHEET IF NECESSARY? 3 If the corporation/L C is owned by another entity,attach a percentage of ownership chart and a director/oficer:member disclosure for the parent entity Attach additional sheets as needed in order to disclose personal identities of all owrers eIN SECTION 8 Club Applicants. EACH PERSON LISTED MUST SUBMIT A COMPLETED OUESTIONNAIRE(FORM LIC0101),AN"APPLICANT'TYPE FINGERPRINT CARD,AND S24 PROCESSING FEE FOR EACH CARD 1 Name of Club Date Chartered (Exactly as it appears on Ciab Charter or Bylaws) (Attach a copy of Club Chatter or Bylaws) 2 Is club non-profit? 0 YES 0 NO 3 List officer and directors_ Last Fs„t Middle The MaiinAWress City :.!afe T,n { i (ATTACH ADDITIONAL SHEET IF NECESSARY) Amok ow SECTION 9 Probate,Will Assignment or Divorce Decree of an existing Bar or Liquor Store License. 1 Current Licensee's Name Exactly as ii appears on license) _Fist FirSI Modle 2 Assignee's Name Last First Middle 3 License Type License Number Date of Last Renewal 4 ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WiLL,PROBATE DISTRIBUTION INSTRUMENT,OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPPLICATION SECTION 10 Government.(for cities,towns,or counties only) /1 1 Governmental Entity 2 Person/designee Last Fo,sr i,1,:i le Contact Phone N:m her 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 ro,A Pt i -tt,t,kk \ �- Entity -ir^a t Exactly as it appears on t-cense) Last First M (Irxiiv Ag .eta) 2 Corporation/L L C Name Fo i< 1. ,~1 1%,n,f s Li-C- (Exactly as a r ap a rs on license) 3 Current Business Name roc i 064 tr n nL 145u.o 7 '-- (Exactly as it appears on license) { 4 Physical Street Location of Business Street t Lug Po.c r;�t l 4 t. City State Zip i` t f1 401?-O 5 License Type k License Number C+I (t 5 00 t 5 If more than one license to be transfered License Type License Number. i 1 7 Current Mailing Address Street (Gt 3 t (, / t-�if J&e T u t-J I : 1 (Other than business) City, State, Zip J jl,�C.�j'y 0Z -35 t ,j iJ /^ 8 Have all creditors,hen holders, interest holders etc been notified of this transfer? l YES C1 NO 9 Does the applicant intend to operate the business while this application is pending?A.YES 0 NO If yes,complete Section 5 of this application,n attach�l fee, and current license to this application, 10 I, Ali c..w,�t�l Cc , hereby authorize the department to process this application to transfer the (prr t furl name) v. 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 t-t.-LA,1\t�0? ,declare that I am the CURRENT OWNER, AGENT, MEMBER, PARTNER (print full name) rA STOCKHOLDER or EE of the stated license i have read the above Section 11 and confirm that all statements are true, correct V State of A/12 W1!u Countyof 1 na• , U � (Signature of'CtiRVENT LICENSEE) The foregoing instrument was acknowledged before me this 3-2- !ill ailedl 401 ?- Day Maim Year T HIJ . I ) Cl !' Pu.ai Count•A 4 (Signature of, AJ PUBLIC) ':: My Comm Ex;:,res J:rn 17 2014 SECTION 12 Location to Location Transfer. (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED SY THE STATE 1 Current Business. Name (Exactly as it appears on license) Address 2 New Business Name (Physical Stet Location) Address ., 3 License Type License Number zi 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 zaluding those anolvino fot_Qoverftmelit.hotelirnwI, arad. _ restaurant license@(series 5, 11,and 12)- A•R$ §4-207(A)and(B)state that no retailer's license shall be issued for any premises which are at the here the license application!s received by the director,within three hundred(300)horizontal feet of a church,within three hundred(300)horizontal feet of a public or private school building with kindergarterl programs or grades one(1)througn(12)or wthin tree hundred(300)honzonal feet of a fenced recreational area adjacent to such school bui c r; The above paragraph DOES NOT apply to a)Restaurant hoense(§4-205 02) c)Government license(§4-205 03) b)Hotel/motel license t§4-205 01) d)Fenced playing area of a golf course(§4-207(B)(5)) n. 1 Distance to nearest school I),tx) 9 Name of school \UAiah (.J tk. .tr:[) Address G `k �� � a 'a' ) ''f � 15$�' City State, Zip 2 Distance to nearest church /Den `t Name of church kilet, )y t/ C41A.C.k Address i � ati� — u >wr �2 SSG r�r City, 'tate, Zip 1 3 I am the Lessee 0 Sublessee 0 Owner ❑ Purchaser(of prern:ses) ITCSet11 4 If the premises is leased give lessors Name /*\ri Jy%1. c7�. _ Address .L j il� ne ►i l* ( /iC.&� �I111. 11J��(fa 3 0 ems City State,Zip 4a Monthly rentalilease rate$3) ).l What is the remaining length of the lease 5,yrs mos. 4b What is the penalty.f the lease is not fulfilled? $_tat ' or other (give details-atta ce rl,additional sheet ii nessary) 5 What is the total business indebtedness for this license/location excluding the lease's$ 300 Please list lenders you owe money to Last Fust Middle Amount Gyred Mailing Address City Stale Zip h Atle(l +4. WIRY) ; � r - t ',-7 -2 1s 1, 1 tATTACH ADD'TIONAL SHEET IF NECESSARY! 6 What type of business will this license be used for(be specific)? L\ r '1' Qexfe- jfpc, 5 0- t5 I'M Ogoofrett, 4-‹C OLA 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? ❑ YES NO If yes, attach explanation 8 Does any spirituous liquor manufacturer,wholesaler,or employee have any interest in your business? 0 YES ISL NO 9 is the premises currently licensed with a liquor license?64..yEs 0 NO If yes,give license number and licensee's name Lcense#L' !— t 600k (exactly as it appears on license) Name M t} tAt 074 SECTION 14 Restaurant or hotel/motel license applicants 1 Is there an existing restaurant or hotel/motel liquor license at the proposed location? ❑ YES 0 NO If yes give the name of licensee Agent or a company name' and license# Last First Middle 2 If the answer to Question 1 is YES,you may qualify for an Interim Permit to operate whiteyour 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 L1C0114)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 ail sales of food and spirituous liquor on the licensed, premises By applying for this 0 hotel/motel 0 restaurant license, I certify that I understand that I must maintain a 1; minimum of 40 percent food sales based on these definitions and have included the Restaurant Hotel/Motel Records,::- Required for Audit(form LIC 1013)with this application applicant's signature As stated in A R S§4-205 02(B), I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site kitchen equipment and if applicable, patio bd-ers are in place on the licensed premises With tne exception of the patio barriers, these items are not required to be propel-1y installed for this inspection Failure to schedule an inspection will delay issuance of the license If you are not ready f{ryour inspection 90 days after filing your application, please request an extension in writing, specify why the extension is necessary and the new inspection date you are requesting To schedule your site inspection visit www atliquor gov and click on the 'Information"tab applicants initials SECTION 15 Diagram of Premises.(Blueprints not accepted, diagram must be on this form) 1 Check ALL boxes that apply to your business ; Entrances'Exits ti Liquor storage areas Patio 0 Contiguous 0 Service windows ❑ Drive-in windows 0 Non Contiguous 2 Is your licensed premises currently closed due to construction,renovation, or redesign'? ❑YES NO If yes,what is your estimated opening date? month/day/year 3 Restaurants and hotel/motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture Diagram paper is provided on page 7 4 The diagram(a detailed floor plan)you provide is required to disclose only the area(s)where spiritous liquor is to be sold served consumed,dispensed, possessed or stored on the premises unless it is a restaurant(see#3 above) 5 Provide the square footage or outside dimensions of the licensed premises Please do not include non-licensed premises such as parking lots, living quarters etc As stated in A.R.S.§4-207 01(B), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries,entrances, exits,added or deleted doors,windo or service windows,or increase or decrease to the square footage after submitting this initial drawing plicants;r t a' c• SECTION 'I Diagram of Pren ,es 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 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 ;t .3 ; 11 SECTION 16 Signature Block eiN I,,54,14,. 1Ai,,j.V0 14f04.4 , hereby declare that I am the OWNER/AGENT filing this ,pnnt ulI name of appiteanib application as stated in Section 4, Question 1 I have read this application and verify all statements to be true, correct an complete-- f� X s gruature of app Ica a 1n ec`tion 4 Question 1) of O/}'it C:v P 6C rtn f�,, rJ State of C �y County OFFICIAL SEAL The foregoing instrument was acknowledged before me this P4ICHELE GC<.EGR©vE 4 - lit I t inTARYPUBLIC, State of Arizona t - ` MARICO A COUNTY 0 + Month Year 1h�COrtm cxpues February 12 2016 My comm+ssron expires or Day Month Year tnature of TA,RY PUBLIC 7 AMENDMENT ON 00% SECTION 15 Diagram of , ,emises 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 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 f t. 5P-7 l ylli SECTION 16 Signature Block I, i r /11(r(n siO •�iS`'t G { , hereby declare that I am the OWNER/AGENT filing this rmt full name of apphcnt; application as stated in Section 4, Question 1 I have read this application and verify all statements to be true, correct and complete X tsggnature of applicant listed in Section 4•,question 1) �j V} State of J '4 t^t'v County o` i )}�+"V` CHE.SfA HuG s ;'`fit Notary Punt,= Anzona The foregoing instrument vas acxnowiedge'd before me this\.'f•J= P nal County AA� ll 1 _.l My Comm !xG;r i n J Tn,q y , '� of Mel, 'v v cM �...,..,� Day fkontn , Year hdy commission expires on 17 J'u'll'2 3-00 I9' (,l l'W'i1 eit 4 1}f/L-" Lay tt'ct0 Year signature of NOTARY/PUBLIC 7 Page 1 of 2 a AZ( Qom' A7, Cori) Giomirnian KIlFn iii niiiit111111 ie Od :3717844 oc our , HMI•••(74 Mr orrlY FEED ARTICLES OF ORGANIZATIONalai 4 iM! .Kro fd rstam.TM.t awl bnwawakr: :; Are¢oau, I�l T I3aen.mr earittrr;,�.t��p..as%H.E�Ia z�z�_ oomk maim kr+: t r0 o .=MD Uaen.m r AK cam.w..tr ota iortq ==:_ _ 1. Th.nom d the�„iendolc raiWs seawrie• me.t P1YMIwit mere.arwr•• • - •Alles asrgte A. v.,onri C ra re Msip.+�iw,�.%maw t�wr war ar°Gt AW-N/.e beer l 1 Jeitw 1issAl rr war*anent rw Is. AWAr rrw ti4 s.r.r•at 'LIMN utsty Wiewir tiwne amt.as ran wpm w awe ar atw I. Known paid it basil vs*In A •• t.r•u ',•....1.mm isms e...anw � • ', API".w+r re own awe.an'Fvr uaa ness tone sawart ltl'.a:c•..t Y air writ mak Ps :+:r ' Acktwas r,e4•i' f,� rs40c.c/st �iieG �.tt / aeannivRv •:Lt.'�t r.• Q1' A/4 44, �.rrria./ 32+,ke its Ztp S��AG WOW."kV.* 3.The nano mad rtrtnt.ddrm ar On statutory ago*in Ilrtatniat. } r BM 41 WM, '."` Ware ScAd«a ra►.s1,lroy" .Sea wma alba rp. .. A ' Alai. � c1.nf.?O S +.arer mews...WOW:w .LMwrrrMari ay Sctierr rrt.( $4aRI mess- S-24,' pem ear w rot A ireLa hernia,Wear b sae if w Acceptance of Appaintmaird by etalutiny Ajnot � r ne „r• t ,prdrf r_ dayuc&r ,t reng bear.dtiafpr+nad to*et vs (print norm a illats4ory S.ectnoey Ape.*,hereby rta.n1 to sot In!had cs podty tstd r.movsd or.mint bar Arm asimit `~ t Agent eignrttn e 1110 PIMP/wont■an uttr Pit,.ant C+a oongler y mesa item /IN u sao‘ 144. .0oroa eisa rourasr s As.Pam race t x14 Compd.,.MM. hap ',images a/LL ,:I :; . cgi,dulspart2 pl''COM.MAND-4&SESSIONJD=\ZhJX45ps 412,2012 Page 2 of 2 to slur roam E Pralessionst LI.Qa only—Probselslla)Otmotsss•'is Problititiall l.hhdted 4. t woarsil v I 'WI"CarManY wti prtr4434 NI t bstS,Drdee4016A genic= pa.ar.aaW rare In pr viiitarele IialW`ia.,Y. /\ flr ys�► S. LiePeetod of Ow LYnttls I ^"YO ' ll arm: wow mond Elleg•area .. - w i " Chas LLC wl&WM on j j roams maw nor*.my and four 40 yew} Oniiik ,.. . EiThe Ltmltsd LNllity Gerrciany lb prtod is P.rpstul. ghat 9 fdi.r►e W►►..mr,f 114.141.2114 M e. rw umwt Obviators:W 'nibs•*)A.R.t ) orRF..SERVED THE MEMBERS ��yy;3 rt�f�sovfe millisa Port onocor w momsafwufa �i►� a. VESTED IN t N OR MOREMANAGERS •IGO019 frlUf lwel11ll►ar./Arrrgfnows WM 14441 MK 111414AMR 10¢hrssn alnalumitill Mange 474432y .�,,..4ir Ilex moral*Iwo ...pffr.la.dla 1 fOr1►h Q*now ilrerRTltfffafM Ira'1, 0 Worts a llsnigir pin!'T faraa.lay..ry iiiml.811.mil coca 021110K dr a.1 .i�—! &1_ Azdrallg Y. "mimes ; Car-le.[ia7ai1 8tw Az$ 2.ti4 "W.__ .. 3.ria. $ mom Ir.allonar a .,....a mime Piro ►�i"�nn.• CJ Ibribrt CI WIMP,Wiry Is**mow W**mow ❑ Y moor Member 0 lomnigarowr•Y rr. 4..1 J Mawr Adam: M.'Mild■of it dr a e.1.111P1 I alV '?sY, + �i41. ..7 Us awl laMw10 1 ..«••.I.•61rc , tRNA Mod ifsiISttPUelriO.'ammo nartw•ab.tYrall.ra+mprr+a+ac+awa MIIMINIRaa. ... WMw.rh�wlow PIMA M 7-tt 1A?ts!!.. .., a/r/ttN.tLG. Starltd at this J 7-/t ORi Y. t,was;Tao ' rovoophst Pro impororaposoit ffip Prlrrt NUM ..drr..l.. ACe/A d r- rm.% tr grirg On}ulff'dB C3 PR'Y.deems afnr Re t;ORWW ram lin. Phone?Samar Fog Number A MOM �4♦4 �. 17aeaM� http Images azcc gal./scripts.cgi'dh-rspart2 pl9CORMMA. D==4&SESSIORID—N7hTX45ps 4f2i2012 ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL - -. - - ' - - -'800 W Washington 5th Floor Phoenix AZ 85007-2934 e p t�i� if9Q„2) 542-51 4 QUA 1 E ' \ cccc q Attention all Local Governing Bodies. Social Security,anii Biit1 dite frrtorrltration is Confidential. This Information may be given to local law enforcement agencies for the purpose of backgroL nc(checks only'but cnusq be blocked to be unreadable prior to posting t I <oT arif-public-Vi@w. 1„/ Read carefully. This instrument is^ cwo;rn document Type or print with PLACK INK. An extensrve investigation of your b ickgiroiirtd witlbe corldi;rcted False or incomplete answers /^ could result in criminal prosecution and the denial Or subsequent revocation of a license or permit: TO SE COMPLETED BY EACH CONTROLLING PERSON,AGENT,OR 0.M}ANAGER. EACH PER ON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINED,'DLLC: f•"iNGERPRINTiNG MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED BY oaCr!,,THE DEPARTMENT DOES NOT PROVIDE THIS SERVICE. Efff ctiye 10/0i 07 there is a$24.00 processing fee for each fingerttrli'l card Submitted, Liquor License # The fees allowed by A.R.S.4 44-6452 will be //charged for all checks, ti.. C1 1 1 c( •`t (If the location is currently licensed) 1 Check 2Controlling Person Agent [J Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions except#14, 14a&21) 1 box ---10. Controlling Person or Agent plust complete#21 for a Manages Controlling Person or Agent must complete#21 / 2 Name 1-4-;;; I' t\j` 4I VAN) Date of Birth Last First Mildie {NQt�a Pu 1 Social SecurityN. ,_.3. 7 Lice. se . _e- ►.''T {NOT a p tic record) j (NOT a public record)_ 4 ?ice of Birth = i __,,,.: U 1�l )i '`I� t A Height 1r t ! sleight- �rb Eyes: f Hair '/`✓ City State Country (not county) 5 iviatiral Status Single tarried 0 DrLor,•ed'„1 Widowed Daytime Contact Phone(C _ - � — \ `� 5 Name of Current or Most Recent Spouse �.0 Date of Birth iimplip ;List all for last 5 years•Use additional sheet if necessary) Last F.trst Middle Maiden (NOT a public record; You are a bona`de resident of what state' 2- YU '. If Arizona,date of r idency 19 -11 S Telephone number to contact you during business hours for any questions regarding this.lccumen _ pit) ' r tr 9 If you have been an Arizona resident for less than three(3)months,submit a copy of your 1izona dri e or voter registration card `0 Name cfLicensed Premises 1o�t, Le? Sf,t Ltriliit3C Prei ,es Phone U 333-5-3-g 11 Physical Location of Licensed Premises Address !&Q I 1./ I t \ T , Street Address (Do not se PO Box#) Ci ourrty Zp 12 Lict your employment or lye of business during the past five(5)years If unemployed part of the time,list those dates List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS MonthNear Month/Year OR BUSINESS (street address,City,state&zip) I/�)$ CURRENT re,44-�74'Cj�Y L ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION^ �_Y/t, , ja/01 ,i(Aii4--tfrier ficc "c)in; ii-z aiudijit4 _J 13 indicate our residence address for the last five(5)years V FROM TO Rent or RESIDENCE Street Address 1 Montf ht,+ear Month/Yeer Own If rented,attach additional sheet with name,address and phone number of landlord City State Zrp la/ CURRENT MLA' e Lf 30 / - 6 1,41.rC' e.. . /3(. .07� Ra 7 `t I i LIC 0101 9124/2009 Disabled individuals requiring special accommodations,please call the Department,(502)542-9027 _ •m. 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'? ;' YES EINO If you answered YES,how many hrs/day79.,_—3 ,and answer#14a below, If NO,skip to#i$ 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) ❑YES IO 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 0 YES N,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,cnminal arrest, indictments ❑YES NO or summonses PENDING against you or ANY entity in which you are now involved? 17 Have you or any entity in which you have held ownership, been an officer, member, director or manager "- OYES NO EVER had a business, professional or liquor application or license rejected. denied, revoked, suspended =;' gr fined ;n this or any other state? ---, Cy} 18 Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or cYES p NO misrepresentation? 19 u EVER held ownership,beer a controlling person, been an officer, member, VYES ONO I_ - en a iy other liquor license in this or any other state? +ri If any answer to - o.- ,. ,, `YES" YOU MUST a 7- • --. . Give complete details including dates, agencies involved, and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED saiiiiiillif /1/3 i `'p. 1` , hereby declare that I am the APPLICANT/REPRESENTATIVE ;punt full name of Applicant) filr.g Iris questionnaire I have read this questionnaire and all statements are true correct and complete < __ _ _ State of +Y12 i 1'I a- County of Pi h J ' ' • a y b 0onni'ti 7�� Pinal County The foregoing instrument was ar„><no�aied9Ed before me this ;. >,?c-.,L day of M d rr.�1 :20I My Comm Expires Jun 17;2014 _ � }, �Month Year e,My commission expires on 'v'�1 20 eiki, 1 Fit. jv - _-- Day ,J Month Year !S+gnatureci OTARY 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(circle one) Month Year (Sgnature of NOTARY PUBLIC) Print Name my commission expires on. Day Montt, Year If you checked the Manager box on the front of this form skip to#15 '4 As a Controlling Person or Agent,will you be physically present and operating the la rise d premises? DYES ONO if you answered YES how many hrs./day? .and answer#14a below. if NO skip to#15 14a Have you attended a DLLC•approved Liquor Law Training Course within the past S years? (Must provide proof)) DYES 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 MY law or 0 YES 0 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 OYES G NO emS 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 -NO EVER had a business, professional or Irrluorek atio(l or t ej e e ted denied -evoked suspended or fined in this or any other state? .. 18 Has anyone EVER filed suit or obtained a Judgment against you,the subject of which involved fraud or DYES 1 0 misrepresentation? :;i 19 Are you NOW or have you EVER held ownership, been a Qntcollinq person, been an officer, member. DYES 0 ttfl d!s xs`Qt or iT?9nager on eny_other_liquorkense in this or any other state? r- lf any answer to Questions 15 through 19 is'YES'YOU MUST attach a sianed state<me t Gfve_complete eetails including dates, agencies involved and dispositions , SUBSTANTIVE CHANGES TO THiS APPLICATION WILL NOT BE ACCEPTED ` -' f i( mirtLialAD f hereby declare ti-at I am the APP ICANT/REPRESENTATI lE (print fait name o'Applicant} ri.,,-e this questionnaire I have read this questionnaire and all statements are true, correct and complete -__ __ -._ ---- State of Ui- .___,County of//J1 eyj ' (Signature of Appiicanti Tiy foregoing inst^L, was ow'leog8j tefore me 1 �f `r"iml SEAL ay of /L di ti Lc L,OLEGRO' E rrr p:frsL +"'115LiC Stitt ofA;tzana / Yea( My i�orrmission expires on t"4i<it;r.,Pa cowry ! ��� /^ ;,Sr�net:re of NOTARY r^uskic 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(cirde one) Month Year Print`!acne (Signature of NOTARY PUBUCi My ci ii nission expires on Day Month Year I^ ' L.0.1L'/\ L? D/the .- aus r v^+ e A.,z ,, ...;M:7,,K..,,-,•:,---,,,j'h,:i. i i.ifc,24,—.... 4 ',7_,i — — 'a1G4,TVRE O -. ,(—"-NA7u r.,1a:tFULAIRr riauk 1-mr,..1.st r • PASSPORT aT•`74.O".� iL ,Clie 1I11:!�i4 t,.1., PA55EPORi •• �.. r r -7:. PA5APORTB tit i r�" n%' .:rA< ,.::� �e u t ARIKAT • .h S 9 " "t :avert'Rim;-,:r-, 1. i'� SAMIR MAHMUD' _ ,r ` �r nn jiasiArdi:huitivt�f ,'I..iiC x' UNITED STATES OF AMERICA . , .,... ..-»� u►ed i{isktr:sat' n=s;=ecnrav ac:inieMc `< i ^-. rX WIT Lev tessrce ::.p(9e xn.•--a :.ea.Stxs So `� ,_1 SAUDI ARABIA tit �, y 7iii TWAiD/IT se SiN�riJL`E i ite'N is Gr7ed[>.1n £J.j• A.C'v 42 Std /! --— - t-2007-------- - URtted,5E3te ' is.*..ftirag' +Joz;e'd'-c ri r�u a*a tar'Fau Department of St e 223ut241y - tnler:erneMS i Ycritiore:-3.6:1 Aix-tacw_rei T Teri < /` SEE PAGE 27 ram:3r. /'4, ! P<USAARIKAT<<SAMIR<MAHMUD««««<««««« a �VrrJ--"ice ARIZONA STATEMENT OF CITIZENSHIP AND ALIEN STATUS FOR STATE PUBLIC BENEFITS Professional License and Commercial License Department of Liquor Licenses and Control Liquor License# CCi 1 1 L L.'t , Ownership Name. LtF 4 lit-r✓ (as listed on the current liquor license application or renewal application) Title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 U S C § 1621 provides that, with certain exceptions, only United States citizens, United States non-citizen nationals, non-exempt "qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrants.and certain aliens paroled into the United States are eligible to recene state or local public,benefits With certain exceptions. a professional license and commercial license issued by a State agency is a State public benefit. Arizona Resised Statutes § 1-501 requires, in general, that a person applying for a license must submit docurn:.mtation to the licensing agenc^; that satisfactorily demonstrates that the applicant is lawfully present in the United States Directions: All applicants must complete Sections I, iI, and ES. Applicants who arc not U.S. citizens or nationals must also complete Section III. Submit this completed form and copy of one or more documents that evidence your citizenship or alien status with your application for license or renewal SECTION I,.—APPLICANT INFORMATION APPLICANT'S NAME(Print or type '15. -1 1-u t DATE 3 %v TYPE OF APPLICATION(check one) 1t APPLICATION RENEWAL TYPE OF LICENSE 4 1 SECTION II--CITIZENSHIP OR 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 U S citizenship or nationality Name of document provided fye6f ,,,� ,~4-" A Arc you a citizen or national of die United States?(check one) ' Yes No B If the awer is"Yes,"where were you born? List city,state(or equivalent),and country City - X 4(/\ State(or equivalent) Country or Territory �11(i!J lf1 If you are a citizen or national of the United States,go to Section IV If you are not a citizen or national of the United States,please complete Sections 111 and IV DLLC 2120109 AG 11/08/07-81662 Page I of 7 Auk 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.RS § 1-501 Name of document provided: "Quahfsed Alien"Status(8 U S C§§ 162 I(ax 1),-1641(b)and(c)) ❑ 1. An alien lawfully admitted for permanent residence under the Immigration and Nationality Act(INA). OIN ❑ 2 An alien who is granted asylum under Section 208 of the INA ❑ 3 A refugee admitted to the United States under Section 207 of the INA ❑ 4 An alien paroled into the United States for at least one year under Section 212(d)(5)of the INA. ❑ 5 An alien whose deportation is being withheld under Section 243(h)of the LNA ❑ 6. An alien granted conditional entry under Section 203(aX7)of the INA as in effect prior to April 1, I980 I ,i ❑ 7 An alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education 43 Assistance Act of 1980) ❑8 An alien ►4tio 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(81?S C§ 1621(aX2)) (xi 09 A nonimmigrant under the Immigration and Nationality Act[8 U S C § 1101 et seq] Norummi r-ants are (-? persons who have temporary status for a specific purpose See 8 U S C. § 1 l01(a)(1 S) Alien Paroled into the United States For Less Than One Year(8 U S C§ 1621(a)(3)) ❑I0 An alien paroled into the United States for less than one year under Section 212(d)(5)of the INA Other Persons(8 U S C§ 1621(c)(2XA)and(C)) /, ❑ 11 A nonunnugrant whose visa for entry is related to employment in the United States,or ❑ 12 A citizen of a freely associated state,if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658(or a successor provision)is in effect[Freely Associated States include the Republic of the Marshall Islands,Republic of Palau and the Federate States of Micronesia,48 U.S C § 1901 et seq.], ❑ 13 A foreign national not physically present in the United States Otherwise Lawfully Present(A 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 Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for licensure See 8 U S.0 § 1621(a) Page 2 of 7 r. i c P SECTION IV—DECLARATION All appliesots must complete this section. I declare under penalty of perjury under the laws of the state of Arizona that the answe I have i true and correct to the best of my knowledge MPLIC S SIGNATURE TODAY'S DATE Page 3 of 7 Attachment to Farm 1 Applicant Statement EVIDENCE OF U.S. CITIZENSHIP, U.S NATIONAL STATUS, OR ALIEN STATUS LIST A: U.S. CITIZEN OR U.S. NATIONAL Note' in this List, the term "Service" refers to the U S Citizenship and Immigration Service,formerly, OR, the U S Immigration and Naturalization Service(INS). [Source. Proposed Rules,Verification of Eligibility for Public Benefits,S CFR§ 1 t04.23,63 FR 41662-01 August 4, 1998),and interim Guidance of Verification of Citizenship,Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996("Interim Guidance"),62 FR 61344(Nov 17, 1997), Attachment 4] Evidence showing U.S. citizen or U.S. national status includes the following: a. Primary Evidence: (1) A birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Manana Islands local time) (unless the applicant was born to foreign diplomats residing in such a jurisdiction), (2) United States passport, (').. Report of birth abroad of a U S citizen (FS-240) (issued by the Depart: lent of State to U S citizens), (4) Certificate of Birth (FS-545) (issued by a foreign service post) or Certification of Report of Birth (DS-1350), copies of which are available from the Department of State, (5) Form N-561, Certificate of Citizenship; (6) Form I-197, United States Citizen Identification Card (issued by the Service until April 7, 1983 to U S. citizens living near the Canadian or Mexican border who needed it for frequent border crossings) (formerly Form 1-179, last issued in February 1974); 7..3 (7) Form I-873 (or prior versions), Northern Marianas Card (issued by the Service to a ti collectively naturalized U S. citizen who was born in the Northern Mariana Islands before November 3, 1986); (8) Statement provided by a U S consular official certifying that the individual is a U.S. c.tizen W (given to an individual born outside the United States who derives citizenship through a 74 parent but does not have an FS-240, FS-545, or DS-1350), or (9) Form 1-872 (or prior versions), American Indian Card with a classification code "KIC" and a c) statement on the back identifying the bearer as a U S citizen (issued by the Service to f y U S. citizen members of the Texas Band of Kickapoos living near the U S /Mexican border) [Source. lntenm Guidance of Verification of Citin nship,Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996("Interim Guidance"),62 FR 61344 (Nov 17, 1997), Attachment 4] b. 5econdary Evidence If the applicant cannot present one of the documents listed in (a) above, the following may be relied upon to establish U S citizenship or U S national status. (1) Religious record recorded in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U S Virgin Islands(on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) (unless the applicant was born to foreign diplomats residing in such a jurisdiction) within three 3 months after birth showing that the birth occurred in such jurisdiction and the date of birth or the individual's age at the time the record was made; Page 4 of 7 ARIZONA DEPARTMENT OF UQUOR LICENSES& CONTROL -- - - 660 W Washington 5th Floor �, Phoenix AZ 85007-2934 �!-� •(t342) 542-5141 C�%�-'�i c` QUESTIONNAIRE 3"" )L4. lc e('-)t( sp Attention all Local Governing Bodies. Social Secuety and Birthd.ate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but-rtus;be blocked to be unreadable prior to posting or any public view, Read carefully. This instruct ent is a sworn document/Type or print with BLACK INK. An extensive investigation of your.background wilt be conducted. Fase 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 EA.GH,PER.qGN COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPE FINGERPRINT CARD WHICH MAY BE OBTAINEt7ATDLLC FINGERPRINT)NG MUST BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVICE APPROVED B.j i L LC;: THE C EP1tTMENT DOES NOT PROVIDE THIS SERVICE C{S t ) 3(itt jlol.Z 22•ca r=trr.y e f wl;-S Effective 10/01107 there is a S24.00 processing fee for each finaerkrutt card submitted, Liquor License # The fees allowed bvA.R.S.444-6852 will be charged for all dishonored checks. 1 C, 7'�1 currently(If a location Ts tJ licensed) 1 Check ❑Controlling Person (iAgent IManager(Only) appropriate (Complete Questions 1-19) (Complete All Questions except#14,14a&21) box —i► Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2 Name F VA MF N I. S ciZ dAikij1 Date of Birth. a Last First Middle mu a Public Record) ...3, Social Security Number . IIIIIIIIIIIIIPI Drivers License*1- State_ 04 (NOT a public record) (NOT a pubiic record) 4 Place of Birth CCrr) Prc'rica}cc'• (.4 kAA Height •). Y Weight d°...V-' Eyes L 7.c, Hair t'i24 City State Country (not county) 5 Marital Status 0 Single harried 0 Divorced 7,Widowed Daytime Contact Phone .5/O-7-06 -.2 fa68 5 Name of Current or Most Recent Spouse 4Z9 tea i 1,; 4 I 73 Ai 'le'047 Date of BirtheilliMININ i List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden (N )T a public record) 7 iou are a bona fide resident of what state? "r 4 1 i i c ti-,4 If Arizona,date of residency AAar(. (1 31 , z :Z 8 Telephone number to contact you during business hours for any questions regarding this document i 0 70( -.2-(2 O/ 9 If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's license or voter registration card 0 Name of Licensed Premises f A /c7 bcI cr,9 car;c1 rye r' Premises Phone 4t`'L- - {t 532 it Physical Locafion of Licensed Premises Address tf(" ( (.0/,PA is tat T R 4 r e.- 4 Pi(,-I J t. v e r o•L, `1 Z- S 'I l`' eiliN Street Address (Do not use PO Box s) City qty Zip 12 List your employment or ttype of business duringthed t i L. past five(5)years If unemployed part of the time,list those tea List most recent 1st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS MonthiYear .lonth/Year OR BUSINESS (street address,city state&zip) 4.40(p CURRENT 1.1lc,m.:rrcn J ra hn4i,1 cot. .i.L ?G .P 1,% V go P OI,, +i+ti l.'i 'f r jc•, 12(04. :lob ( C?, F:.,)of �rt'Slis f-r4rc4-c.. 455 bc,idee,6-1,-, 4v,.: S r el r/ula ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 Indicate +our residence address for the last five(5)years i 1 FROM TO Rent or RESIDENCE Street Address MonavYear Month/Year Own tf rented,attach additional sheet with name,address and phone number of landlord City State, Zip t jI'l l z,. CURRENT tear Cogc.7 c c'igC.�,..e a T 5-a r yls,,,k i,y s L '5 zsY cccit.SGt4/t, 4 Z. acts,- r 1 1 J t, 1 1 3 l; Z... ire yr . Zcc: (a P,c. /3&d.- 23.,i_ "t/.; /-1a i t.<9re,j t 41 991 e. 1 li to r i 69 Qcfr+ t39r d •fie.ider :ur y co p2 USW.,‘'44.'1 cart 2f'sS 7_ a+f_-t ei 0 7 i?a�rr 27t Urr7riS�rS 0" l-lt+rwaral fA f4SyL L.ie 0161 9/2412009 Disabled individuals requiring special accommodations,please call the Department.(602)542-9027 /'IN 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 LINO If you answered YES,how many hrs/day? 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) !DYE S O N O 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 ANO 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)? 18 Are there ANY administrative law citations, compliance actions or consents,criminal arrest, indictments CI YES NO or summonses PENDING against you or ANY entity in which you are now involved? 17 Have you or any entity in which you have held ownership, been an officer, member, director or manager OYES aNO EVER had a business, professional or liouor application or license rejected.denied. revoked. suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a lodgment against you, the subject of which involved fraud or OYES L+NNi0 misreoresentation? 19. A.r�• �, u EVER held ownership, been a controlling person, been an officer rn?rnbnr. OYES 4NO dir v othe_ r liquor license in this or any other state? r t if any answer to Questions 1p tnlall is"YES4YC3U MUST atttaill inept . Give complete details including dates, agencies involved,and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. A SScTR_ E,eitic4 r , 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. State of .11e r-to•7.A County of Pi rig I (Signature of Applicant) oFffICIAL SEAL Thhregoing instrume, t was acknowledged before me Kfy`►),� MICHELE COLEGROVE `'� ay of G./J/L!f c/L`t.L is NOTARY PUBLIC-State of Arizona -- MARtCOPA COUNTY nth Year y commission expires on. Corm t xes February 12`e' _ Day Month Year (Signature of NOTARY P LIC) 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 //�j State of az.' County ol /ttGi/YL +�~ The foregoing instrument was acknowledged before me this of � ja/ W t.94t ignature of ntroitng Person or Agent(circle one) Ao Year OFFICIAL SPAL Print Nam°4;* MICHELE COLS ROVE (Signature 4f NOTARY P L r OTAAY PUBLIC-State of Ariiona My commission expires on• `�. MARICOPA COUNTY ,- 0 vn Exiues F .iy t2,2015 es; j_ 6i.) ,/e6+ a:j-: i-014, 449C ift F-doy I 5i,q/ t t41,01,46-k_ LAtiocs qocç T 664. --0111frs Pvt-c) L1t.otr5, 30S- ex-/- kitti-dAtv ffz- 7g4 /fi44f act- L/Ot tt:t&c 4-fAse 4Ayavtter- r: 05/02/2012 08.51 60,__,25707 PAGE 01/04 t) .._. .,r- ir-rtl `q. STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL Janice K,Brewer Alan Everett GOFER-vOR DIRECTOR Alimik May 2,2012 To: Jan Mason Fax: 480-982-7018 Total number of pat=ei including cover pages 4 From. Jennifer Benson, Customer Service Rep Tel: 602-542-9057 Fax: 602-542-5707 Hi Jan. The client had a business name change from Fox Tobacco and Liquor to AS Tobacco& Liquor License#09115001 Any questions please let me know. Thank you, Jennifer p S00 WEST WASHINGTON Fly 1N FLOOR P1-1OENiX,ARIZONA 85007-2934 t60215424141 FAX(602)5424707 Web Site: W4,'W.AZi.TQUO .GOV NorvnnuALs REQUIRING ADA ACtOlv0.4013ATIONS CALL 0 2)542-9051 A., 05./02/2012 08.51 6025425707 PAGE 02/04 i Arizona Department of Liquo,r,�-r 'nses and Control ` f I t-Washing tti ft'por �� 4! w.mo :; Cr 12E1Z ; :At ....„....,...: . 1..44;14 r --r1fi `s,,T 'P'-QR,PRita-W TX5C-ACK 1Nii `--. Notice: E'fecttvs Nov.1.1497)Atf0WrIttis94tididil,Pent S trattot 1n trwojar a d Y op tf ne of the business must attend a Depdrbisrit;A(lprpWd I quef1 belnaNr pure tunic vai4lin theRe last s years. Sire page 5 of the Liquor Licensing retlulrwnen( .. ` r.`( f L^ i 15 / SECTION 1 This application`25 : '..1., y,.• ., .wt 1' ECTI 2'Type of ownership. ❑MORE THAN ONE LICENSE y ;; � `M = CI INTERIM PERMIT Complete Serb#5 " . �;- �f. Li J T‘rV_R.0 S. Complete Section 6 O NEW LICENSE Complete Sectla(n#4 3,4,13,14•4 1&�- ,�`r C INDIVIDUAL Complete Section 6 O PERSON TRANSFER(Bars&Llit ores Y)x, >...,4—!x .t ❑Re( T IEIZSHIP Complete Section 6 f Complete Sections 2,3, <ti �` ^�� f� (Bars 4 ry ' ,e. fa TION Complete Section 7 ❑LOCATION TRANSFER i 9 ti PLIABILITY CO Complete Section Complete Sections 2,3,, - rt43,f 5,`;',1fi'' Y 1‘y �,jw CL` late Section 5 ,... E l PROBATENYILL ASSIGN • ' `i`'.ORCEIDEF.I E rt O 3C , CT Complete Section 10 Complete Sections 2,�'d,�,13,11'eeTrt4(' ui' ' 7;,. TRUST Complete Section 6 'R O GOVERNMENT Complete Sections 2,3,4, 10, c" 0 OTHER(Explain) ter. SECTION 3 Type of license and fees UCENSE#(s:' ' Og f[ ro 0 1 $ 1 Type of Ueense(s) r Department use - 2.Total fees attached. 1 $ ell)] APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE. The fees allowed underA.R.S,44-¢855 will be charged for all dishonored checks, SECTION 4 ApplicantaT >ar. t#t Nt t i Mkt 4 M L1 t) 1.Owner/Agent's Name Ms. v (.Insert one name ONLY to appear on ionise) Last First :'rac`e. 2 Corp./Partne hl .LC _ potty as It appears on Ar5dss o1 Inc.or Artieks of Ors.) 3. Business N Q ►A!cn tJLlir` (Ersey as It appears the enerir'of crams yes) 4, Principal S Location foe not uae PO Box Number) Ciy County Zi 5. Business Phone- Daytime Contact: 0, Is the business located within the incorporated limits of the above city or town? OYES ONO 7 Mailing Address: tity state zc S.Price paid for license only bar,beer and wine,or liquor store:Type $ Type $ DEPARTMENT USE ONLY Fees: Application Interim Permit Agent Change Ckut Finger Prints$ TOTAL OF ALL FEES Is Arizona Statement of Citizenship&Alien Statue At of._ •e4 SF YES 0 NO Accepted by: Date. Lie.# .tuiy 2o-1ti 'Disabled individuals requiring special accommodation,please call(602)542.9027. 1 '^ 05/02/2012 88 51 8025425707 PAGE 03/04 ARtZG.14 DEPARTMENT OF LIQUOR UCENSES&CONTROL BOO W Washington 5th Floor Phoenix AZ S5007 2934 +2)542-51• ` e l'- -.y..+ L11• IRE Attention all Local Governing Bodies: Social ,•. -x"r :+ -n is Confidential. This information may be given to local now enforcement agencies for the purpose ., rr-77- '.. "M r. be bloated to be unreadable prior to posting - �r, / „oft,^ Read carefully This i t ps or print with CLACK INK. An extensive investigation of you? ac,• , "• t -L clad. Pales or incomplete answers could result In criminal proaecutiorf - 0,. , revocation of a license or permit. 1=� '�k r FORMSMIT AN TO BE COMPLETED BY EACH CONTROLLING PERSON,AGa4.;;_;+��,���r.�'r- � COMPLETING THIS MUST SU 'APPLICANT"TYPE FINGERPRINT CARD WHICH MAY 8E•= _T R;y,�,�+� y,'LilA(w,NG WET BE DONE BY A BONA FIDE LAW ENFORCEMENT AGENCY OR A FINGERPRINTING SERVIC=•r'' -• S, ;'-•9. • ' • - ENT DOES MI PROVIDE THIS SERVICE. Effective 10i'11I07 there is a 522 00 processing fee for each fin•'\ ' card submitted. Liquor /A1License # Thebes allowed by A.R,S.§44 862)gill be charmed for all dishonored checks, el l 1 S cn I i r (11 the location is current)iicenegyg 1.Check C ❑Controlling Person ❑Agent © Manager(Only) appropriate (Complete Questions 1.19) (Complete All Questions f #14,14a` 21) box-- Controlling Controlling Person or Agent must corn pieta#21 for a Manager Controlling Person or Agent must compla#21J 2 Name. Ar4 KPc1 3 kiryttR M) ML(6Dete of Birth. / I Last Fist Afitldie MIFF Racori 3 Social Security Number Drivers License#: Slate: 4 (NM/a public record) - (NOT a public record) 4 Piece of Birth: Height Weight Eyes Hair 6 City State Country (not county) 5 Marital Status L j Single 0 Married 0 Divorced❑Wdowed Daytime Contact Phone: 6. Name of Current or Most Recent Spouse: _ Date of Birth: tt (List all for Last S years-Use additional sheet if necessary) Last First Middle Maiden (plOT a public record) 7 You are a oona fide residerd of what state? If Arizona,date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document- I you have been an Arizona r nt for less three(3)months,submit a copy of your Arizona driver's license or voter registration card 1 Name of Licensed Premises: J el { ir .C,..(12 4j1Qr1 Premises Phone: P, - I Location of Licensed Premises Address. Aoki, Street Address (Do not use PO Box s) City County Zip 12 List your employment or ty7e of business during the past five(6)years.If unemployed tart of the time,list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYERS S NAME OR NAME OF BUSINESS Month.Yesr Montni'ear OR BUSINESS (street address.Guy,state&zip) CURRENT ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 Indicate your residence address for the last ftves5)years: FROM TO Ranter RESIDENTIAL Street Address 1_ MAorin/Y•ar Month/Year Chun 11 rented.attach addrticoai thee with name addrasjtnd phone nynoer of truilord , City State, ZIo CURRENT AMENDMENT 1 ________I I I ^ 9 L)C 0101 3t912012 Disabled individuals requiring special accommodations,please call the Department(602)542.202T 05/02/2012 08:51 6025425707 PAGE 04/04 ARlZO,..4.DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 88007-2934 . )S42-51 d>fi -«; 4? in -E Attention all Local Governing Bodies: Social Securi ;;-•_3_ * r, 'on Is Confidential. This information may be given to local law enforcement agencies for the purpose ••rr `Y:.J''' `7.''�C '"t.., ..,-• be blocked to jot unropdsb a prier to posting y -fa s Read carefully. This ins• r 't ' .� , • or print with BLACK INK. '� An extensive investigation of y• • c•.•, d II e • d c • . False or incomplete answers could result in criminal putio rosec jr . . lc, ,••a revocation of a license or permit. TO SE COMPLETED BY EACH CONTROLLING PERSON,AGE • ` ' C -- . '"r • COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT"TYPE FINGERPRINT CARD WHICH MAY BE• . - !� G MUST BE DONE SY A BONA FIDE LAW ENFORCEMENT AGENCY DR A FINr,ERPRirfTING$IRVIC- 's .. •---- ; .-- ENT DOES ('PROVIDE THIS SSRViGE Effective 10101/07 there is a$22.00 processing fee for each fin card submitted. Liquor License # The fees ellcwed by A.R,S.S 44•SE will be yi a d fgsgit dtshono ad Cheeks, (11 i qj O Q j (if the iodation is cunenft licensed) 1,Cheek 0 Controlling Person I°Agent Q Manager(Only) i appropriate (Complete Questions 1.19) (Conn:4WW All Questions grrceot t#14,140.$21)i box----} Control ling Person or Agent must complete*21 for a Manager Controlling Person or Agent must comp 1211 2.Name. [ZA(t.aT tijl ydt-k Dale of girth: 1 Last ale OIX a Public Record 3 Social Security Number. Drivers License* State' (t QI a public record) (NQT a public record) ' 4.Place of Birth: Height Weight: Eyes' Heir: ;— City State Counbv,(net carx'rty) S Marital Status 0 Single❑Married 0 Divorced❑Widowed Daytime Contact Phone: Q S Name of Current or Most Recant Spouse: Date of Birth. I IS. (List atl for last 6 years•Use additional sheet If necessary) Last Hirst Middle Maiden (N a publicrecord) 7 You are a bona fide resident cif what state'/ .,,_If Arizona,date of residency' 8 Telephone number to contact you during business hours for any questions regarding this document 9. If have been an Arizona resident for less than three(S)months,submit a copy of your Arizona drivers license or voter registration card. 10 erne of Licensed Premises: l �' b(i " , L....l(gJ or Premisea Phone 1 'cad Location of Licensed Premises Address: VV Street Address (Do riot use PO Box a) City County Zip 12.List ytxrr employment or type of business during the oast fire 51,years.If unemployed part of the time.list those dates. List most recent 1st. FROM j TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME Of BUSINESS ManthN'ear Month/Year OR BUSINESS (street address,city,stars a zip) CURRENT _ 1 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 indicate your residence address for the last five(5)years' FROM TO Rent or RESIDENTIAL Street Address menswear MorreYear=Own_It rented.aStsch esidlitp i address and Ore pumper oLiandlord 1 City »State, Zip , CURRENT F MENT UC 0101 3 5f2012 Dissb ed Individuals requiring special accommodations,please call Vie Department(602)542.9027 iv A H (clre/4 or,e_ liar 1-m1'w/tow/ 140 h ome of the Sup Superstition Mountains q Jza� NOTICE The attached application for an Interim Permit, Person Transfer, Limited Liability Co . Beer and Wine Bar Liquor License submitted for Fox Tobacco and Liquor located at 1601 W Apache Trail, Apache Junction, Arizona, was posted on the 24th day of April, 2012, at 3.00 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, May 15, 2012, 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 /1' .;fil---(,•:z '€,,.4._.L.,F-7e.-,e4,—‘4: _ Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. •vixce(480)982-8002 • FAX(480)982-7018• IDD t480)983-0095•ww•w.a}cnty.net 300 E Superstition Boulevard, Apache Junction,AZ 85219 PQaCf • t9(-7,/ e-4hairitex jalir/16-1e, Home of the Superstition Mountains Apnl 24. 2012 Mr Samir Ankat Fox Tobacco and Liquor 1601 W Apache Trail#1 Apache Junction, AZ 85120 Dear Mr Ankat Please be advised that the application for an Interim Permit, Person Transfer, Limited Liability Co , Series 9 Liquor License submitted for Fox Tobacco and Liquor located at 1601 W. Apache Trail, Apache Junction, Arizona. was posted on April 24. 2012, in accordance with State law The Apache Junction City Council will hold a public hearing on May 15, 2012, 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, May 2, 2012, 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 (480) 474- 5068 or(480) 474-5050_ Sincerely, Kathleen Connelly City Clerk •Voice(480)982-8002 • FAX(480)982-7018•TOE)(480)983-0095•wwww ajcuy net 300 E Superstition Boulevard. Apache Junction,AL 85219 ..� p /0106, APRIL 19, 2012 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 FOX TOBACCO AND LIQUOR Mr Samir Ankat has submitted an application for an Interim Permit, Person Transfer, Limited Liability Co , Series 9 Liquor License for Fox Tobacco and Liquor located at 1601 W Apache Trail, Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, May 2. 2012, in order for this item to be on the agenda for the City Council meeting of May 15, 2012. p AANN Janet Mason From: Rudy Esquivias Sent. Wednesday,April 25,2012 8.21 AM To: Janet Mason Subject: RE:Application for liquor license for Fox Tobacco and Liquor Jan The subject property at the southwest corner of W.Apache Trail and S Ironwood Drive is zoned CB-2(General Business Zone) Liquor stores are permitted outright in the CB-2 zone. The Planning Division has no objections to this request JUIYia.S Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85114 480-474-2645 res_ai ciastiajcity_ SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7.00ara to 6 0Opm, closed Fridays and Holidays ) From:Janet Mason Sent. Tuesday, April 24, 2012 4.55 PM To:Jeff Robinson, Rudy Esquivias Subject: Application for liquor license for Fox Tobacco and Liquor I have received a liquor license application for Fox Tobacco and Liquor. Please have your department recommendation to me no later than Wednesday, May 2. Thanks Janet Mason Deputy City Clerk ri% City Of Apache Junction 300 E Superstition Blvd Apache Junction,AZ 85119 480 474-5068 jmasontalaicity net Service Over and Above the Rest This message and the information within is intended for the recipient If you received this email in error, please notify the sender and then delete the email. Emails generated by council members or City staff pertaining to City business are public records and are preserved according to the City's records retention schedule To ensure compliance with the Open Meeting Law, members of the City Council should not forward email correspondence to other members of the Council Members of the Council and other public bodies may reply to this message, but should not copy other members of the public body. , aL a" "' Apache Junction Police Department �"` iiiiiir 4 Memorandum , ,^ DATE April 30, 2012 TO Janet Mason Chief Jerald Monahan THROUGH Captain Troy Mullender 7-r_h FROM Lieutenant Jeff Robinson A--' I SUBJECT Fox Tobacco and Liquor Ms Mason, On April 28, 2012 Sergeant Glen Durkin went to the Fox Tobacco and Liquor, 1601 West Apache Trail, regarding their request for liquor license Sergeant Durkin met with two employees who advised him there were no expected changes to the business at this time Sergeant Durkin also advised that the state and city request for license was posted on the glass exterior door and all documentation appeared to be in order Currently the Apache Junction Police Department has no objections to this request. /sik. Duatnet die e C • • • ti ommission ♦. I= G o� Apache Junction Fire District ,,., a it `ppOUD� O 565 North Idaho Road, Apache Junction, AZ 85219 SEFiviN ��1 WO Phone (480) 982-4440, Fax(480) 982-0183 ,n�ernatiooQ MEMORANDUM TO: Jan Mason,Deputy City Clerk City of Apache Junction 300 E Superstition Blvd. Apache Jct.,AZ. 85219 FROM John Sumga,Deputy Fire Marshal DATE April 26,2012 SUBJECT Application for Liquor License for 1601 W Apache Trail.Apache Jct.,AZ The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 1601 West Apache Trail, (Fox Tobacco and Liqour) We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application ..Mk Thank you for your notification on this matter If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440 Thank You. JOS ATTN. Application OIS V ROLL CALL VOTE NOTES / 66 11) i L\ C ;7 (./)11 fia. Vc(ivAi efITEM # MEETING OF 4- '\ a ! V It ..,t(i'liN, MOTION BY. SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY VICE MAYOR DIETZ COUNCILMEMBER SMITHSON V COUNCILMEMBER WILSON V/' COUNCILMEMBER WALDRON V COUNCILMEMBER BARKER MAYOR INSALACO 1 r UNANIMO/JS IN FAVOR OPPOSED ABSTAINED TOTAL \fJ p ITEM NO. 8 I MOVE THAT THE APPLICATION FOR AN INTERIM PERMIT, PERSON TRANSFER, LIMITED LIABILITY CO , SERIES 9 LIQUOR LICENSE FOR AJ TOBACCO AND LIQUOR, SUBMITTED BY SAMIR ARIKET, BE RECOMMENDED FOR(APPROVAL) OR (DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING 1. For RESOLUTION NO. 12-12, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON NINTH AVENUE BETWEEN BOWMAN ROAD AND CORTEZ ROAD AS SET FORTH IN EXTINGUISHMENT CASE EX- 12-12 ARE NO LONGER NECESSARY FOR PUBLIC USE 2. Will SENIOR PROJECT ENGINEER EMILE SCHMID 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. pyACHe vo City of/pache Junction u z Honie of the .Superstition .l'IO1111tains gR12ot Print TO: City Manager's Office FROM: Emile Schmid P.E., Senior Project Engineer DATE: May 15, 2012 Agenda Type : Regular Agenda Council Priority Focus Area: Community Development TITLE OF AGENDA ITEM: PROPOSED RESOLUTION NO. 12-12, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON NINTH AVENUE BETWEEN BOWMAN ROAD AND CORTEZ ROAD AS SET FORTH IN EXTINGUISHMENT CASE EX- 12-12 ARE NO LONGER NECESSARY FOR PUBLIC USE. ACTION REQUESTED: Recommendation for Approval DISCUSSION/ BACKGROUND INFORMATION: Staff respectfully requests the extinguishment of Ninth Avenue between Bowman Road and Cortez Road. Staff wishes to alleviate the multiple permanent structure encroachment issues along the Ninth Avenue alignment and by granting this extinguishment it would remedy the encroachment issues FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION; Approval. ATTACHMENTS: Click to download U Memo to Council L] Resolution No. 12-12 cis.pCHfi." �4 y Public Works Department 1 4ØØfaeAe ( 0 Home of the Superstition Mountains 4R zONP Date. April 16, 2012 To: Honorable Mayor and Members of the City Council Through: George Hoffman, City Manager From: Giao Pham P.E., Interim Public Works Director Subject: Extinguishment of Federal Patent Easements on Ninth Avenue between Bowman Road and Cortez Road Proposed Resolution No 12-12. Federal Patent Easements (FPE's)are one means whereby property is accessed by our citizens in portions of Apache Junction FPE's were established as a means to provide public roadway access to Federal Patent parcels, and to mitigate the need of local government to acquire right-of-way to provide access to otherwise landlocked parcels. FPE's are typically a total of 66 feet in width with 33 feet on each side of common parcel lines Ninth Avenue from Bowman Road to Cortez Road has never been opened for public use or maintained by the City. The road is classified as local roadway In addition, the FPE's do not provide access to any parcels which would be landlocked in the event of extinguishment. Area transportation would not be adversely affected by an extinguishment of these portions of roadway easements. The interim Public Works Director, in desiring to alleviate the multiple permanent structure encroachment issues along the Ninth Avenue alignment, initiated an extinguishment of the roadway easements along the alignment from Bowman Road to Cortez Road. 575 E Baseline Avenue, Apache Junction, AZ 85119 • Voice(480)982-1055 • Fax(480)982-8005 RESOLUTION NO. 12-12 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON NINTH AVENUE FROM BOWMAN ROAD TO CORTEZ ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-12- 12, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Apache Junction, upon incorporation, became the holder of roadway easements as described in Docket 189 Page 68, originally conveyed June 1957, and Docket 157 Page 337, originally conveyed July 1956, for public roadway purposes over certain parcels of real property and more particularly described in Exhibit A and depicted in Exhibit B; and WHEREAS, the Public Works Director, in desiring to alleviate the existing encroachment issues along the Ninth Avenue alignment, initiated an extinguishment of the Ninth Avenue alignment from Bowman Road to Cortez Road; and WHEREAS, such easements may be extinguished by local municipal government pursuant to A.R. S . § 9-500 24 and § 28- 7214; and WHEREAS, pursuant to Apache Junction City Code § 13-2-4, the Director of Public Works on February 8, 2012, submitted copies of the application for comment to the Development Services Director, the Public Safety Director, the Apache Junction Fire District, as well as affected public utility providers, and WHEREAS, no opposition statements were received from Salt River Project, Arizona Water Company, Mediacom, Superstition Mountains Community Facilities District No. 1, Centurylink, Southwest Gas, the Development Services Director, the Public Safety Director, and the Apache Junction Fire District; and WHEREAS, the extinguishment request, if approved, would not leave a parcel in separate ownership without access to an established public roadway or easement connecting such lands with another public roadway or easement, and Resolution No. 12-12 Page 1 of 2 oollks WHEREAS, the City Engineer has determined that the easements in question, because of their location, topography, and encroachments, have no or de minimis public value. 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 of the City of Apache Junction find that the roadway easements described in Exhibit A, and depicted in Exhibit B, are classified as local streets on the Street Classification Plan and are no longer necessary for roadway purposes, have no or de minimis public value, and are hereby extinguished for public roadway right-of-way purposes . 2 . Nothing in this approval extinguishes any utility easement interest of any public utility agency or entity on the subject street right-of-way. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2012 . SIGNED AND ATTESTED TO THIS DAY OF , 2012 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney Resolution No. 12-12 Page 2 of 2 ..► EXHIBIT A PARCEL 1 (Adjacent to parcel 103-19-OO1A, parcel 103-19-001B & parcel 103-19-001C) The South thirty-three feet (33' ) of the North half of the Northeast quarter of the Northeast quarter of the Northwest Ink quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona EXCEPT the East forty feet (40' ) and the West thirty-three feet (33' ) THEREOF, PARCEL 2 (Adjacent to parcel 103-19-002A, parcel 103-19-002B & parcel 103-19-002C) The North thirty-three feet (33' ) of the South half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 27, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona EXCEPT the East forty feet (40' ) and the West thirty-three feet (33' ) THEREOF. Amok Resolution No. 12-12 EXHIBIT "B" BROADWAY AVENUE - - - - - - I - - - - 1 I 01A 01C 01E — 66' [mo— o I 1 33' + — 33 40' 1 01 j I 1 Q /B O 1 1 1 21 1 33' — A I 1 1 1 02A 02C 02B - -I - - - - - - 1 - - - - I 1 TENTH AVENUE 1 1 1 1 1 1 1 1 1 1 1 al I 0 I Y I Iz I - - - - I W I I - - - - - 1 < I I5 2 I- I I O 01 00 I 1 I I I I I I I I _ __I I L - - ___I I I - - - - I I TWELTH AVENUE I I I I I 1 I I I I I - - - - - - 1 1 I I 1 26 B SURROUNDING PARCELS --- ROAD CENTERLINE cn j/// PROPOSED EXTINGUISHMENT i- z EX-12-12 2012-04-12 RCS eF 1 j,Q T t7{- --k• - 1l a ; • fr6 '� )':'?If'.;',,l� tis y Pr 1 ' 1, i• u r i li t m r } ti 1,z�G tr 1ri N r I' d 1'ter. ' ®y °it ' 'p t e1I} )•' ,t �1• n t - �I• `� f� .p1'IY�v',_�•tt +N f �t; it , � r/. l` ,, R .1 • �� l i 'I ib ` of "7 1': dS�R' r•., � t i..ly NI •I ` } t 7 f '. L 11 M'-• }•t 4 �_ P ,k �'•i�a�lf�p .,z�{I'�1_I� I�G Ifr •d;' •,7r .. , rf (��p 1 {� '4 o .'1` rk ... 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' � - Rr :'a4g-r ,y4i. , • ,..• ,, ,i y. r, !!' : - - Ft. -'.'•- hR Y . , � � r p N 1 ITEM NO. H9 9TH AVE FROM BOWMAN ROAD TO CORTEZ ROAD EXTINGUISHMENT OPTIONS 1. APPROVE AS ORIGINALLY PRESENTED 2. CONTINUE TO A DATE CERTAIN AND VERIFY CODE COMPLIANCE EFFORTS 3. ADD NEW EFFECTIVE DATE SECTION (PICK DATE 30-60-90 DAYS OUT) 4. TABLE ITEM ROLL CALL VOTE NOTES t 1 / Amok I� ITEM # 1 ` MEETING OF MOTION BY: SECONDED BY 2A I YES NO ABSTAINED COUNCILMEMBER BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER SMITHSON i VICE MAYOR DIETZ COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 9 I MOVE THAT RESOLUTION NO 12-12, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING THAT PORTIONS OF PUBLIC ROADWAY EASEMENTS LOCATED ON NINTH AVENUE FROM BOWMAN ROAD TO CORTEZ ROAD, AND DESCRIBED IN EXTINGUISHMENT CASE EX-12-12, ARE NO LONGER NECESSARY FOR PUBLIC USE AS PUBLIC ROADWAY EASEMENTS AND ARE HEREBY EXTINGUISHED AS PRESENT AND FUTURE PUBLIC RIGHT-OF-WAY, (BE APPROVED) OR(BE DENIED). ROLL CALL VOTE NOTES: (I\ (/. ''\1/ \ \\ ' (v ITEM # MEETING OF MOTION BY: ‘cb) SECONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ V COUNCILMEMBER WILSON COUNCILMEMBER BARKER J COUNCILMEMBER SERDY 1/ COUNCILMEMBER SMITHSON COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOI iS IN FAVOR OPPOSED ABSTAINED TOTAL V ITEM NO. 10-11 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P M. AND A WORK SESSION AT 7.00 P M BE HELD ON MONDAY, JUNE 4, 2012, IN THE CITY COUNCIL CONFERENCE IOW ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P.M. BE HELD ON TUESDAY, JUNE 5, 2012 IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL � � WS: 5 i REG: l J// SPEC CITY COUNCIL P / A P / A P / A MAYOR INSALACO ✓ j VICE MAYOR DIETZ COUNCILMEMBER BARKER V COUNCILMEMBER SERDY COUNCILMEMBER SMITHSON ✓ i COUNCILMEMBER WALDRON V / COUNCILMEMBER WILSON TOTAL 1 CITY STAFF ‘f City Manager George Hoffman 1 1 Assistant City Manager Bryant Powell City Clerk Kathleen Connelly t/ City Attorney Joel Stern Public Safety Director Jerald Monahan Interim Public Works Director/ City Engineer Giao Pham ti/, Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Economic Development etfe, Director Steve Filipowicz1(J! Assistant to the City Manager 1 j V-17/ - Matt Busby OTHERS: � II/itc ( I7� iJ , i'\6/L L Date. ) ! 2 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. _ 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? Yea ( NOD Only If Necessary ❑ / ❑ I m in favor of the proposed Item. dram opposed to the proposed Item C--1.' i \ V i 0 ba, ,e_Ae_ Name (Print) 7 0 f\- --,7 eat)NO tO N kv) k ) % ,,, , , 01 ,.7 1 I Address City Zip Code /1, -(-4Th) - CV-7q- -' t) --72._ Nvse P\vAtil (P k--D 1.- ahl4L Telephone Email address This information will be used by staff for follow-up, if necessary Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. onsent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the lil 1iho d that hei image will appear on cable TV a d t Internet video stream showing their participation. Signa ure of Parent/Guardian ate 02/23/12 Date: S/4 CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. 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 ❑ o I am in favor of the proposed Item. Xam opposed to the proposed Item. (a. -fve ; to. Kica5a/L_ Name (Print) 6 .1P\-19 u\-) 1\-1? s Address City J Zip Code )-(-*) - 2,-'7-7-7 \ .64 Te lephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. ;onsent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV an5i the Internet video stream showing their participation Signature of Parent/Guardian D to 02/23/12 BCD CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. 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? Yeso Nora Only If Necessary ❑ I am in favor of the `proposed Item. ❑ I am opposed to the proposed Item. L-( r�'v-\ l C� 1 �,�G��4 ��\ R\) Name (Print) q% 0 5 . v �-�.� i� ��i��`�� ,mac ;. `6S \ l Address City Zip Code Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. ;onsent for Minor to be Audio and/or Video Recorded: I, , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12 Date: VIk l5 0 CD CITY OF APACHE JUNCTION Please select an option: REQUEST TO SPEAK FORM Item No. 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 o a I am in favor of the proposed Item. Li I am opposed to the proposed Item. `! V \ c Nr'tc;v_ ( D Lo•(`Z.w (4)U X Name (Print) Address City Zip Code q I, 93 -7 0 Telephone Email address This information will be used by staff for follow-up, if necessary. Speakers shall make comments directly to the Mayor and City Council when called up to speak at the podium. Note: Call to the Public comments have a three minute limit and Public Hearing comments have a five minute limit. onsent for Minor to be Audio and/or Video Recorded: , as the parent/guardian of (minor(s)), a minor(s), agree to allow said minor(s) to appear and/or participate in the City of Apache Junction City Council Meeting. I further understand that this activity may be audio and/or video recorded and I hereby consent to the minor being audio and/or video recorded during his/her participation with the likelihood that their image will appear on cable TV and the Internet video stream showing their participation. Signature of Parent/Guardian Date 02/23/12