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HomeMy WebLinkAbout2015 10.20 City Council Regular Agenda City of Apache Junction, Arizona Meeting location City Council Chambers = at City Hall Agenda 300 E Superstition Blvd Apache Junction AZ City Council Meeting 85119 www ajcity net Ph (480)982-8002 Tuesday,October 20,2015 7:00 PM City Council Chambers 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 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. Consideration of acceptance of agenda 2 Consideration of approval of minutes of regular meeting of October 6, 2015 3 Consideration of approval of Resolution No 15-32, allowing the city to enter into an intergovernmental agreement for the use of city-owned fueling facilities with the Superstition Mountains Community Facilities District No 1 4. Consideration of award of contract to Southwest Slurry Seal for street maintenance slurry seal work in various locations in partial fulfillment of Fiscal Year 2015-2016 Street Maintenance Plan. The work would be through Pinal County cooperative contract #EC11-009 for$299,580 08 with a 10% contingency of $29,958 00 for a total not to exceed the amount of$329,538 08 This project is funded by the city's 2% road sales tax 5. Consideration of approval of the Apache Junction Chamber of Commerce contract for visitor center services in the amount of $41,000 00 City of Apache Junction,Arizona Page 1 Printed on 1011212015 •�• .M*k City Council Meeting Agenda October 20,2015 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 6. Presentation of a plaque to the mayor and city council by Mike Ferguson of the Apache Junction Purple Heart Chapter in .-. recognition and appreciation of the city's designation as a purple heart city 7. Proclamation designating the week of October 18 through October 24, 2015 as "Arizona Cities and Towns Week" 8 Proclamation designating the week of October 23 through 31, 2015 as "Red Ribbon Week" Doug Coleman, Drug Enforcement Administration Special Agent in Charge, will accept the proclamation F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance, time and location G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city There shall however be no discussion at this time except for clarification inquiries 9. City manager's report. H. PUBLIC HEARINGS Public heanngs 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 10 Consideration of an application for a person transfer, location transfer, individual, series 7 liquor license for Dash In located at 2345 N Apache Trail, Apache Junction The next step in the process is for the council to hold a public hearing and make a recommendation for approval or denial to be fowarded to the Arizona Department of Liquor Licenses and Control City of Apache Junction,Arizona Page 2 Printed on 1011212015 AM. AWL City Council Meeting Agenda October 20,2015 11. Consideration of an application for a special event liquor license for Usual Suspects Law Enforcement Motorcycle Club Arizona Chapter to be held November 21, 2015 at the Hitching Post, 2341 N Apache Trail, Apache Junction The next step in the process is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the I-Oft. Arizona Department of Liquor Licenses and Control 12 Consideration of an application for a special event liquor license for Usual Suspects Law Enforcement Motorcycle Club Arizona Chapter for an event to be held on January 15, 2016 at the Hitching Post, 2341 N Apache Trail, Apache Junction The next step in the process 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. 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 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 13. Annual appointments/reappointments to the Construction Code Board of Appeals, Health and Human Services Commission, Industrial Development Authority and Municipal Property Corporation Council Interviewed the applicants at the October 19 work session and has the opportunity to fill the positions at this meeting K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 14. Executive Session at 5 45 P M and Work Session at 7 00 P M. for Monday, November 2, 2015 15. Executive Session at 5 45 P M. for Tuesday, November 3, 2015 Other meetings if necessary City of Apache Junction,Arizona Page 3 Printed on 1011212015 r AM*. City Council Meeting Agenda October 20,2015 M CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they should select a spokesperson All such remarks shall be addressed to the council as a whole and not to any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker,- 2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker N ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095 City of Apache Junction,Arizona Page 4 Printed on 1011212015 A•.. AO. CITY COUNCIL REGULAR MEETING OCTOBER 6, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 6, 2015, at the Apache Junction City Council Chambers pursuant to the notice Aunk 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 Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager Bryant Powell Assistant City Manager Matt Busby City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Parks and Recreation Director Jeff Bell Development Services Director Larry Kirch Others Present : Economic Development Administrator Janine Solley REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 1 OF 19 Aft. Ank. Captain Troy Mullender Recreation Superintendent Liz Langenbach Parks Superintendent Nick Blake Production/Marketing and Communication Specialist Matt McNulty ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Barker MOVED � THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN TO THE RENEWAL OF THE LEASE AGREEMENT BETWEEN EAST VALLEY ADULT RESOURCES AND THE CITY OF APACHE JUNCTION FOR SENIOR SERVICES AT THE MULTI-GENERATIONAL CENTER FOR A TERM OF TEN YEARS. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Vice Mayor Barker read a proclamation designating October 2015 as Domestic Violence Awareness Month and presented it to Public Safety Director Tom Kelly. Vice Mayor Barker commented domestic violence has worked behind closed doors for centuries and has been an unacknowledged fact in most societies, including our own. Statistically speaking, three out of four women will suffer some form of abuse in their lifetime, be it physical, mental, emotional or verbal . It is not just women. Two out of every seven men will experience the same thing. It is time it is stopped. She then showed a short infomercial on domestic violence. Public Safety Director Tom Kelly presented Captain Troy Mullender with his 30-year service award. City Manager Bryant Powell commented on past projects with Captain Troy Mullender and his dedication to the community. He REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 2 OF 19 .nk AAW*� presented him with 40 hours of paid time off and an appreciation of service plaque. Mr. William McDaniel, former police chief, stated Captain Mullender has always been a good supporter and citizen. He hired him in 1985 and he was glad they were here 30 years later. He was never reprimanded in 30 years . He was proud to be there to honor his receiving the award. Captain Troy Mullender stated he was fortunate when Chief McDaniel took a risk on a kid just out of college. He appreciated everything he did for him during his career and the opportunities he was given. He grew up in this city and is proud of the city and department . He then introduced his family. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson commented he attended the Governor' s Commission to Prevent Violence Against Women on October 1 . It was a very informative activity with speakers from various committees to stop the violence . He learned it is not only physical abuse; there could also be mental abuse to the point of attempted suicide. At the conclusion the capitol dome was lit in purple. Vice Mayor Barker commented she and Councilmember Wilson attended the Governor' s Council on Aging Senior Action Day on September 25 . There were representatives from most of the social services within the county. The major discussion was the gaps in the services to senior citizens . As the population ages ^ they become more apparent, including transportation, smaller housing units without stairs, and the need for a central area to call for information on various subjects . Vice Mayor Barker commented she attended a conference for domestic violence the next week where the same basic subjects were brought up. Vice Mayor Barker commented she attended the first Farmer' s Market at Earth Heart Park. It was a nice day and she enjoyed it . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 3 OF 19 .•. Councilmember Evans reminded everyone of the donation center at Horizon Health and Wellness at 120 N. Ocotillo. They have free items to all of those in need up to five items per visit. They have an extreme shortage on men' s and children' s clothing. Councilmember Wilson commented the large animal rescue training with three police department members and three fire district members attending was this past weekend. Two animal control and one officer attended. They had a lot of scenarios to remove "•'' equines from, including one where the equine was on top of a human. Councilmember Wilson commented the one he and the Vice Mayor Barker attended also involved Medicare information. He was unaware of having to call Medicare to advise them they are the primary insurance when other insurance is lost . It will be nice to have a central location to go and get this information. CITY MANAGER' S REPORT City Manager Bryant Powell commented on the library Paws and Claws Partner Feline Friendly Event and the Festival of the Superstitions . He read comments from a letter from a resident about the TGIF program. Production/Marketing and Communication Specialist Matt McNulty gave a presentation on the new website. Assistant City Manager Matt Busby introduced new Public Information Officer Al Bravo who stated he is excited to get to work on telling the story of Apache Junction. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB FOR THE FESTIVAL OF THE SUPERSTITIONS ON NOVEMBER 7-8, 2015 ) City Clerk Kathleen Connelly briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 4 OF 19 .nk Mayor Insalaco requested the applicant address the council . Mr. Aaron McDermid addressed the council . Vice Mayor Barker asked what they are going to do for dust control this year. As** Mr. Aaron McDermid stated he believed that would be handled by the chamber. Mr. Larry Johnson, Apache Junction Chamber of Commerce, addressed the council. He stated they will have dust control in place both mornings and prior to the event . The actual alcohol will be inside. It will just be beer and it will be contained within a designated area. They will not be roaming around the premises . Mayor Insalaco commented it will be just like other years . Councilmember Waldron asked if the rangers will be doing security. Mr. Larry Johnson stated AJ Mounted Rangers will be strategically placed immediately next to the beer garden. It will eliminate all the issues for the police. Vice Mayor Barker commented .-%k it either eliminates them or makes them worse with them stationed right next to it. 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 Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR NOVEMBER 7-8, 2015, REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 5 OF 19 Amw 100%, SUBMITTED BY LEONARD LAFLESCH, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. -"`, OLD BUSINESS None. NEW BUSINESS ANNUAL APPOINTMENTS FOR THE BOARD OF ADJUSTMENT, LIBRARY BOARD, PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for a motion for the first position on the Board of Adjustment . Councilmember Waldron MOVED THAT JESSE GAGE BE REAPPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2018 . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco called for a motion on the second appointment for the Board of Adjustment. Councilmember Waldron MOVED THAT JANE JONES BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2018 . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 6 OF 19 AN*. Aftk Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco called for a Aftk motion for the third appointment to expire October 31, 2017 . Councilmember Waldron MOVED THAT JAMES BURCZEWSKI BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE OCTOBER 31, 2017 . There was general discussion to leave the fourth appointment for the moment . Mayor Insalaco commented the next one is for the Library Board and there are two positions. Councilmember Evans MOVED THAT LORETTA NIELSEN BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2018 . Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Wilson MOVED THAT CHESTER BURGESS BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2018 . Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 7 OF 19 .� �0%, Mayor Insalaco commented they have three positions open for parks and recreation. The first one has a term expiring October 31, 2018 . Councilmember Waldron MOVED THAT TESS NESSER BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018 . Councilmember Rizzi SECONDED r THE MOTION. VOTE: Unanimous . The motion carried. Vice Mayor Barker MOVED THAT WAYNE STANDAGE BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018 . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Wilson MOVED THAT WILLIE HOWARD BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018 . Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Mayor Insalaco commented there are two positions for planning and zoning. Vice Mayor Barker MOVED THAT MICHAEL FRANK BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018 . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 8 OF 19 A00k ^ Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Wilson MOVED THAT TESS NESSER BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2018 . Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. DISCUSSION ON RECOGNITION OF SERVICE TO BOARDS AND COMMISSIONS ) Councilmember Evans briefed the council on the item. Vice Mayor Barker asked her to clarify their serving many, many years, such as one term, two terms or six terms . Councilmember Evans commented five years or more. Councilmember Serdy commented the average term is three years . He suggested six years would sound better. City Clerk Kathleen Connelly stated most are three year increments . Mayor Insalaco commented they could say six years then. If someone is on for three years and their second term is three years, five years would not make sense. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 9 OF 19 Aaft� � Councilmember Waldron asked if the sewer district is six years. Vice Mayor Barker commented they are but they are not considered a city board. City Clerk Kathleen Connelly stated they could expand on this but they are not considered part of the city code. For budgeting purposes staff would need to know if they mean those that are in the city code. The general discussion on what boards, including the water board, and the consensus was the city code boards only. Councilmember Serdy agreed with six years . If the sewer department wants to honor their members they could do it themselves over there. Vice Mayor Barker commented she thinks it is a wonderful idea because people volunteer their time and effort . They need to be recognized for stepping up to the plate and doing that . City Manager Bryant Powell asked if they are talking about something out here in the lobby and similar that would fit . Mayor Insalaco commented similar to the city employees . City Manager Bryant Powell AWN stated they can make that. Councilmember Rizzi commented it is a great idea. City Clerk Kathleen Connelly stated they can put that on the next agenda for direction to staff. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 10 OF 19 AM^, .... City Manager Bryant Powell asked for clarification. He wanted to know how far back they want to go. Vice Mayor Barker commented to the beginning. Councilmember Waldron asked a.., how much staff time it would take to recover all that information. City Clerk Kathleen Connelly stated she is not sure if that is possible. Vice Mayor Barker commented see how far back we can go. We need to know terms anyway. It can be done in the same search. City Clerk Kathleen Connelly stated they will include that as part of the direction to staff. Mayor Insalaco suggested they start with when they moved into this building. There was general discussion on how far back it should go. The consensus was to go back as far as possible. City Clerk Kathleen Connelly stated they are talking thirty-five years . Vice Mayor Barker commented they can research it and see what they can find. Councilmember Wilson commented if they do not have any records where they can go back that far, he could understand not necessarily searching through everything trying to find that . If they have 10 years worth or even five years worth of records they should do so. Vice Mayor Barker commented they should have ten. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 11 OF 19 �. +► City Clerk Kathleen Connelly stated she believed they have 10 years worth. Councilmember Wilson commented whatever is achievable. Councilmember Rizzi commented it is an interesting task. This was a discussion item only with no action to be taken. Mayor Insalaco closed the item with no further discussion and moved on to the next item. DIRECTION TO STAFF REQUEST FOR QUALIFICATIONS FOR VISITOR CENTER SERVICES ) ) Economic Development Administrator Janine Solley briefed the council on the item. Mayor Insalaco called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING THE REQUEST FOR QUALIFICATIONS FOR VISITOR CENTER SERVICES: THAT STAFF PREPARE A ONE-YEAR AGREEMENT WITH THE APACHE JUNCTION CHAMBER OF COMMERCE AND VISITOR' S CENTER IN THE AMOUNT OF $41, 000 RETROACTIVELY PAID TO JULY 1, 2015, THE CONTRACT TO GO TO JUNE 30, 2016 AND SCHEDULE IT FOR THE CONSENT AGENDA AT THE OCTOBER 20, 2015 COUNCIL MEETING. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. PROPOSED AMENDMENTS TO CITY CODE CHAPTER 8 BUSINESS, ARTICLE 8-8 LICENSING REQUIREMENTS FOR SPECIAL COMMUNITY AND PRIVATE EVENTS AND REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 12 OF 19 .v ARTICLE 8-9 SALES WTIHIN MOBILE HOME PARKS, RV PARKS AND MOBILE HOME SUBDIVISIONS ) Development Services Director Larry Kirch briefed the council on the item. Vice Mayor Barker commented they have been pounding this thing out for the last two years. �► They are still asking the mom and pop to sell their little things and still buy a transaction privilege tax license. Development Services Director Larry Kirch stated that is correct . City Clerk Kathleen Connelly stated there is no choice. The two choices are the depositor collects the sales tax and reports it under whatever their license may be or the individual must pay the fee. Development Services Director Larry Kirch stated they traded that option here. Park management will be responsible. Vice Mayor Barker commented park management could get a single transaction privilege tax license, collect the sales tax from the vendors and report it on their own taxes so each of the mom and pop do not have to do that if the sponsor so chooses . City Clerk Kathleen Connelly stated that is correct . Vice Mayor Barker commented reading through this with so many lines she was not sure what got lost . City Clerk Kathleen Connelly stated when it comes back to them it will be in the traditional ordinance form. Those are the two options that exist under the tax code. Vice Mayor Barker asked why chair massage therapists cannot charge for their services at an REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 13 OF 19 event . She asked if it is a law. It says massage therapists who wish to participate as a vendor so they have the vendor designation already in there . They can do that but they cannot charge anything. City Clerk Kathleen Connelly stated the language is already in the code. Development Services Director Larry Kirch stated that is something they did not change. Vice Mayor Barker commented she is ]ust questioning it . City Clerk Kathleen Connelly stated her recollection is they wound up having to do that. At one point in time they were allowed to regulate school massage businesses. After a period of time the state came along and yanked that authority from local jurisdictions and created their special license procedure. We had to follow theirs. Vice Mayor Barker commented we cannot allow them to charge. City Clerk Kathleen Connelly stated she believes it is tied in to that statute. City Attorney Joel Stern stated it is under Title 34 . Vice Mayor Barker commented they cannot charge for their service. City Attorney Joel Stern stated they can charge but we cannot require it under ours. It is state regulated. They do the fingerprinting, the application and they took it over. Vice Mayor Barker commented they have all that . They have their license, they have their fingerprinting. She asked why they cannot charge at an event. She asked why the city is saying they cannot charge. She asked if it is a state statute where they are not allowed to charge REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 14 OF 19 AM "* for service. If so, why would anybody want to go to the trouble of being one. City Attorney Joel Stern stated he thinks they can charge. City Clerk Kathleen Connelly stated they can change that but, again, if a massage therapist is going to this type of event as a vendor somebody is going to have to let us know they have paid the appropriate fees and have a license. Vice Mayor Barker commented that is correct and that should be in there. They have them participating as a vendor which infers they are, in fact, selling a service. To go further and say they make no charge for that service seems contradictory. City Clerk Kathleen Connelly stated she believes the rest of that said "and such service is provided in conjunction with the person holding a valid city business license" . The massage therapists either has to have the state license themselves or they have to be operating under a licensed school or business. Vice Mayor Barker commented she understands that . City Clerk Kathleen Connelly stated she is at a loss as to why there was a requirement for no charge. She is thinking it is somehow connected to the statutory change. Councilmember Waldron asked if it had something to do with when they brought students over. Vice Mayor Barker commented she understands that the cities would not charge because they were students . Students are not licensed. Councilmember Waldron commented it makes sense. He asked if that is what they were REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 15 OF 19 .+ A..� talking about here . They would actually bring students over to those functions and they would not be allowed to charge. City Clerk Kathleen Connelly stated that is correct . City Attorney Joel Stern stated they are not licensed. City Clerk Kathleen Connelly stated they are not there in conjunction with one of these other medical facilities . Mayor Insalaco asked how they would fix this . Vice Mayor Barker commented there are state-licensed chair massages. City Attorney Joel Stern stated there are. He thinks they can charge and they can look into it for the next version. City Clerk Kathleen Connelly stated they can bring that back. Councilmember Waldron commented they might want to put something in there about if they are students . Vice Mayor Barker commented ,.,. to clarify that . City Clerk Kathleen Connelly stated it was easier when the city could license them itself. Vice Mayor Barker commented they will be finding that coming down the pipe as things change with the Arizona Department of Revenue . We will find more and more convolutions in our ability to do what we need to do. She understands that . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 16 OF 19 Ask AIMk Councilmember Rizzi commented that was her question. Mayor Insalaco closed the discussion with no further comments and called for a motion. City Clerk Kathleen Connelly stated it they are okay with the changes Larry is talking about ^° tonight, when they make the motion refer to them as changes dated October 6, 2015. Councilmember Evans MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING PROPOSED AMENDMENTS TO CITY CODE CHAPTER 8 BUSINESS, ARTICLE 8-8 LICENSING REQUIREMENTS FOR SPECIAL COMMUNITY AND PRIVATE EVENTS AND ARTICLE 8-9 SALES WITHIN MOBILE HOME PARKS, RV PARKS AND MOBILE HOME SUBDIVISIONS: THAT STAFF PREPARE AN ORDINANCE BASED ON THE DRAFT LAGUAGE IN THE PROPOSAL DATED OCTOBER 6, 2015 AND PREPARE CORRESPONDING CHANGES TO OTHER AREAS OF CHAPTER 8 TO MAKE THE CODE PROVISIONS COMPATIBLE, INCLUDING THE DISCUSSION ON STATE LICENSED MASSAGE THERAPISTS. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES ... Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, OCTOBER 19, 2015, 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, OCTOBER 20, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 17 OF 19 ,•. The motion carried. CALL TO THE PUBLIC Ms . Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the bazaar last Saturday, upcoming bazaars through March, Paws and Claws fundraiser selling items on Zazzle, the Boys and Girls Club Bowl-a-thon and the upcoming Festival of the Superstitions . Ms . Esther Miller, 4550 N. San Marcos, Apache Junction, addressed the council regarding massage therapists receiving compensation in public venues . Mr. Walter Clark, 1318 S . Lawther, Apache Junction, addressed the council to thank everyone for the time they put in on the visitor center bid process . ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 15 p.m. Consent Agenda Items are as follows : 1 . Consideration of acceptance of agenda. 2 . Consideration of approval of minutes of regular meeting of September 15, 2015. 3 . Consideration of renewal of the Lease Agreement with East Valley Adult Resources for senior services at the Multi- ,.. Generational Center. ACCEPTED THIS 20TH DAY OF OCTOBER, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 20TH DAY OF OCTOBER, 2015. JOHN S. INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 18 OF 19 low 'aft. ATTEST: KATHLEEN CONNELLY City Clerk '"k 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 6th day of October, 2015. I further certify that the meeting was duly called and held and that a quorum was present. Dated this 12th day of October, 2015 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 6, 2015 PAGE 19 OF 19 Awb ... City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No.3. File ID: 15-414 Sponsor.Shane Klesow Agenda Date 10/20/2015 Index- In Control:City Council Meeting Consideration of approval of Resolution No 15-32, allowing the city to enter Into an intergovernmental agreement for the use of city-owned fueling facilities with the Superstition Mountains Community Facilities District No. 1 Attachments: City of Apache Junction,Arizona Page 1 Printed on 1011212015 ... RESOLUTION NO 15-32 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF CITY FUELING FACILITIES WITH SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO 1 WHEREAS, the City and Superstition Mountains Community Facilities District ("SMCFD") desires to enter into an Intergovernmental Agreement for the use of City-provided fueling facilities at 575 East Baseline Avenue that would result in public savings and emergency preparedness for both entities, and WHEREAS, pursuant to A.R.S. § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint cr cooperative activities, and WHEREAS, the Parties have crafted the attached written agreement in the form of an intergovernmental agreement which formalizes the arrangement 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 approve the form of the Intergovernmental Agreement for the use of city fueling facilities set forth in Attachment A, and the Mayor is hereby authorized to sign the agreement on behalf of the City 2) The City Manager and/or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution and to fulfill all the duties required under the agreement RESOLUTION NO. 15-32 PAGE 1 OF 2 .E► Agul.. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2015 SIGNED AND ATTESTED TO THIS DAY OF 2015 JOHN S INSALACO Mayor ATTEST• KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM. RICHARD J STERN City Attorney RESOLUTION NO 15-32 PAGE 2 OF 2 FUELING FACILITIES INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1 THIS AGREEMENT is made and entered into this day of 2015, by and between CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City") and SUPERSTITION MOUNTAINS --- — COMMUNITY F-ACtLtTtE'&-DISTRtCT-N ("SMCFD")—a-municipai-corporation -- -- and political subdivision of the State of Arizona both collectively referred to as the"Parties," or individually as a "Party." RECITALS A. The City and SMCFD desire to enter into an Intergovernmental Agreement for the use of City-owned fueling facilities at 575 East Baseline Avenue,Apache Junction, Arizona. B. City has the desire and the ability to assist SMCFD. C. Mutual cooperation on governmental services, materials and equipment would result in public savings and emergency preparedness for both entities. D. SMCFD is authorized to contract with cities and towns and to enter into an agreement with the City for the use of City-owned fueling facilities pursuant to A.R.S. §§48-709.A.2. and 11-951 et seq. E. The Parties have mutual interests in this public partnership and wish to enter into this Agreement with certain terms and conditions, set forth below. AGREEMENT NOW, THEREFORE, In consideration of the foregoing Recitals and the mutual promises and covenants set forth herein, and for other j consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. ACCURACY OF THE RECITALS: The Parties acknowledge the Recitals set forth above and incorporate them herein by reference. i 2. PURPOSE: The purpose of this Agreement is to extend use of City services, materials and equipment to save on public costs and reap emergency preparedness benefits for the Apache Junction community and the public in general. I I 3. CITY AND SMCFD SERVICES: A. FUELING FACILITIES L SMCFD's Obligations: a. By fax, email or mail, furnish City with current SMCFD v�h-fete unit--namber�-ortt�ense -riamt�ers-(nurner�a};--SMCFD--veificre- ---- - --- descriptions, and personnel identification information (i.e. SMCFD employee ID number) that will be authorized by SMCFD to access City fueling facilities located at City's Public Works Yard, 575 East Baseline Road, Apache Junction, Arizona, or at any other location where the City moves its fueling facilities any time during the Term of this Agreement. b. Pay City for the amount of gasoline and diesel consumed by SMCFD at a rate of ten (100) cents per gallon over the City's actual delivered cost for said fuels. All fuel prices increase or decrease in direct relation with the published Oil Price Information Service ("OPIS") average rack price for Phoenix. Payment shall be made within thirty (30) calendar days of receipt of City invoice. C. Pay City the cost of any damages to the fueling facilities, intentionally or negligently, caused by SMCFD, its officers, employees or agents. d. Pay City the cost of any gasoline clean up intentionally or negligently caused by SMCFD, its officers, employees or agents. e. Take such steps as may be necessary to prevent unauthorized use of personal identification numbers and facility access information provided to SMCFD pursuant to this Agreement. ii. City's Obligations: a. Furnish SMCFD with PIN number or password information for use by SMCFD personnel at the automated fueling island. b. Provide SMCFD with a monthly statement showing a cost breakdown by vehicle of the quantity of fuel disbursed. C. Provide SMCFD with combination number for combination lock to access fuel station gate for after-hour use. d. Provide access to unleaded gasoline, E-85 and diesel fuel twenty-four(24) hours per day. i 2 i 4. FUEL SUPPLY AND USE ACCESS: In the event of emergency, the City, at its sole discretion, may direct that access to its fuel supplies and facilities be temporarily limited or discontinued. SMCFD is not obligated to obtain any specified amount of fuel from the City and may, at its sole discretion, obtain fuel from other parties at any time. 5. INDEMNIFICATION AND INSURANCE: To the extent permitted by -- ----law; each-Party covenant and—agrees—to fully-indemnify--defend-arxt_hold------ harmless the other Party, its special districts, elected and appointed officers, employees, and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement, including attorney and expert witness fees, which, are the result of any act or omission of the Party, its officers, employees, contractees, agents, and anyone acting under its direction or control, whether intentional or negligent, in connection with or incident to this Agreement. If any action or claim shall be brought or asserted against either Party or its directors, officers, agents, servants or employees for which indemnity may be sought from the other Party, the Parties shall promptly notify one another in writing. The noticed Party shall, within ten (10) working days of receiving such notice, assume the defense thereof, and the payment of all expenses, including any attorney fees and all court costs which shall be paid as incurred. It is understood and agreed that both Parties may elect to self-insure or obtain insurance through their pooling agreement with other governmental entities against any or all of the risks related to this Agreement. This section shall survive the expiration or early termination of this Agreement. The Parties shall provide certificates of insurance to each other no later than 30 days after execution of this Agreement. 6. CITY REPRESENTATIONS: City represents and warrants to SMCFD that: A. City's execution and approval of this Agreement have been made in compliance with the procedural requirements of the Apache Junction City Code. B. City will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement and evidence this Agreement. C. As of the date of this Agreement, City knows of no litigation, proceeding, initiative, referendum, or investigation contesting the powers of City or its officials, with respect to this Agreement, that has not been disclosed in writing to SMCFD. i D. The execution, delivery and performance of this Agreement by City is not prohibited by, and does not conflict with, any other 3 i agreements, instruments or judgments or decrees to which City is a party or is otherwise subject E. The City has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. 7. SMCFD REPRESENTATIONS: SMCFD represents and warrants to A. SMCFD has the full right, power and authorization to enter into and perform this Agreement and the obligations and undertakings of SMCFD under this Agreement, and the execution, delivery and performance of this Agreement by SMCFD has been duly authorized and agreed to in compliance with the organizational documents of SMCFD. B. All consents and approvals necessary to the execution, delivery and performance of this Agreement have been obtained, and no further action needs to be taken in connection with such execution, delivery and performance. C. SMCFD will execute and acknowledge when appropriate all documents and instruments and take all actions necessary to implement, evidence and enforce this Agreement. D. SMCFD has been assisted by counsel of its own choosing in connection with the preparation and execution of this Agreement. 8. DURATION OF AGREEMENT/TERMINATION: This Agreement shall be valid for a term of ten (10) years and shall automatically be renewed every year thereafter. However, either party may terminate this Agreement for any reason upon sixty (60) calendar days' written notice to the other party addressed to the other party as set forth in this Agreement. 9, NOTICES: Except as otherwise required by taw, any notice required or permitted under this Agreement shall be in writing and shall be given by personal delivery, by electronic mail, by deposit in the United States mail, certified or registered, return receipt requested, postage prepaid, addressed to the Parties at their respective addresses set forth below, or at such other address as a Party may designate in writing pursuant to the terms of this Section, or by telecopy, electronic mail, or telefacsimile machine, or by any nationally recognized express or overnight delivery service (e.g. Federal Express or UPS), delivery charges prepaid: I I 4 i I 1 If to City: Bryant Powell City Manager City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 86219 Email: bpowell@ajcity.net -- Public Works Director City of Apache Junction 575 E. Baseline Ave. Apache Junction, AZ 85219 Email: gpham@ajcity.net Richard J. Stern City Attorney City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85219 Email: jstern@ajcity.net If to SMCFD: Daron Anglin District Manager Superstition Mountains Community Facilities District No. 1 5661 South Ironwood Drive Apache Junction, AZ 85220 Email: danglin@smcfd.org 10. SEVERABILITY: City and SMCFD 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, I as reformed. C 3 3 t 5 i i t 11. GOVERNING LAW, VENUE AND ATTORNEY FEES: 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, 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-shatbring-suitto-enforce-any-term-of-this Agreementor-to-recoverany damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs including reasonable attorneys fees to be determined by the court in such action. 12. BINDING EFFECT/ASSIGNMENT: The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the parties and their successors, assigns and legal representatives. Neither Party may assigns its rights under this Agreement without the prior written approval of the other Party. Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior party and shall further agree to be bound by and to fully perform the terms of this Agreement. 13. ENTIRE AGREEMENT: This Agreement and any attachments represent the entire agreement between the Parties 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. 14. CONFLICTS OF INTEREST: This Agreement is subject to, and may be terminated by City or SMCFD in accordance with the provisions of A.R.S. § 38-511. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed as of the day and year first above written. SUPERSTITION MOUNTAINS COMMUNITY ; FACILITIES DISTRICT NO. 1 { By i Kathleen Waldron Its: Chairman i 6 t i STATE OF ARIZONA ) ) ss. County of c-; ) The foregoing was acknowledged before me this S h day of to , 2015, by Kathleen Waldron, Chairman of Superstition Moun ins Community Facilities District No. 1, a Title 48 Community Facilities -- -Districtwho-acknowledges that-she signed-the foregoing instrtmrent-on-behalf- of SMCFD. ,, KATHRYN HUCKFELDT ,,,.e Notary PubIlc,State of Arizona i - c Maricopa County My Commission Expires' Notary P�,blic j June 19, 2016 My Commission Expires: o& (seal) STATE OF ARIZONA ) ) ss. COUNTY OF PINAL ) The foregoing was acknowledged before me this day of , 2015, by John S. lnsalaco, the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. Notary Public My Commission Expires: (seal) I i 1 i 8 , COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Clarke H. Greger, District Counsel Date I have read this Agreement and have determined such Agreement is in proper form and is entered into by the City within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, City Attorney Date Ii f I(i 7 t i I i 9 i i 3 f t�P NF; City of Apache Junction, 300 E Superstition Arizona Boulevard X. ni Apache Junction AZ 85119 r Agenda Item Cover Sheet z Agenda Item No 4 File ID: 15-415 Sponsor Shane Kiesow Agenda Date- 10/20/2015 Index. In Control. City Council Meeting Consideration of award of contract to Southwest Slurry Seal for street maintenance slurry seal work in various locations in partial fulfillment of Fiscal Year 2015-2016 Street Maintenance Plan The work would be through Plnal County cooperative contract#EC11-009 for $299,580 08 with a 10% contingency of$29,958 00 for a total not to exceed the amount of $329,538 08 This project is funded by the clty's 2% road sales tax Attachments: City of Apache Junction,Arizona Page 1 Printed on 1011212015 CITY OF APACHE JUNCTION MAINTENANCE AGREEMENT Project No . PW2015-10 "Microsurfacing Street Maintenance" - THIS T—rfradean"n-e-re-d i- t-(57-b-y and-1e weep Me CITY------ J OF APACHE JUNCTION ("City") , an Arizona municipal corporation, and SOUTHWEST SLURRY SEAL OF ARIZONA, INC, an Arizona corporation, ("Contractor") , sometimes individually known as a "Party" and collectively referred to as the "Parties". RECITALS A. Contractor asserts its willingness, ability and qualifications to provide the completed products, goods and services (the "Work") called for in Proposal dated September 1, 2015 and Pinal County Contract # EC11-009 (the "Contract Documents") . The City' s provisions herewith shall govern over any conflicting Pinal County contract provisions. B. City and Contractor desire to set forth herein their respective responsibilities and the manner and terms upon which Contractor shall complete the Work. C. City has complied with the public bidding requirements under Arizona Revised Statutes Title 34 and Apache Junction City Code ("A.J.C.C. ") , Vol. I, Article 3-7, Procurement Procedure. AGREEMENT NOW, THEREFORE, City retains Contractor to perform, and Contractor agrees to render the Work in accordance with the terms and conditions set forth as follows: 1' 1. PROJECT DESCRIPTION: Contractor shall do and perform or cause to be done and performed in a good workmanlike manner, the Work in accordance with and as more fully described in the Contractor' s estimate dated September 1, 2015, Exhibit A, ! including, but not limited to: A. Install a Type III Microsurfacing on Delaware Dr. from Southern Ave. to 16th Avenue and also on Ironwood Dr. from the Elliot Road alignment to US 60 (ROW) . i r. ,... B. Estimated square yards to be installed is approximately 110, 920 square yards at 32 lbs. per square yard (1, 775 tons of aggregate) using LMCQSTRMS emulsion applied at 12% by weight of aggregate (213 tons of emulsion) . Written permission from the City will be requested by Contractor if quantities are expected to exceed this amount. _-- C_P_r_Qvid_e—tra f f a_c c_ozjt ro1f ox---the—dura-tian—�of—the—pr-o}ec-t-----..--- Traffic control plan to be pre-approved by the City. D. Provide the re-striping and installation of pavement symbols on Ironwood Dr. from the Elliot Rd. alignment to US 60 (ROW) . 2 . PAYMENTS & COMPLETION: The total amount payable by the City to the Contractor in the amount not to exceed $299, 580. 08 (the "Contract Sum") for the performance of the Work under the Contract Documents. All contracts will be operable for their full term at the rates quoted in the initial bid proposal, unless otherwise extended in writing by the City. Once City finds the Work acceptable under the Contract Documents, City shall promptly submit for processing a certificate for payment stating that, to the best of its knowledge, information and belief on the basis of its observation and inspection, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that partial payment or the entire balance due the Contractor is payable. j 3. CONTRACT TERM: Contractor hereby fixes the time for completion of said Work as November 30, 2015. This provision does j A00k not limit the liability of Contractor for actual damages r sustained by City as a result of any breach of contract or j warranty by Contractor. Extensions may be approved at times as the Parties mutually deem fit. 4. LABOR AND MATERIALS: Unless otherwise provided in the Contract Documents, Contractor shall provide, pay for and insure under the requisite laws and regulations all labor, materials, equipment, tools and machinery, water, heat, utilities, i transportation, other facilities and services necessary for the proper execution and completion of the Work, whether temporary or I permanent, and whether or not incorporated or to be incorporated in the Work. 7 5. INSPECTIONS AND QUALITY OF WORK: Contractor understands and agrees that inspection of the Work performed hereunder will occur by City. Contractor agrees that City will have the exclusive right to determine, in its sole discretion, whether the ; 2 f I I Work has been performed in accordance with the Contract Documents. Contractor further agrees to make such corrections to the Work as may be directed by City to conform to said Contract Documents. 5. WARRANTY: Contractor shall guarantee the Work against defective workmanship or materials for a period of one (1) year from the date of its final acceptance under the contract, -_ ----ardi.nar-y—w- ._ar and—tea r a nd_unusual--ahuse—ar nP gl-ec-t---e�ept-ed, ---- Any omission on the part of City to condemn defective Work or materials at the time of maintenance Work shall not be deemed an acceptance and Contractor will be required to correct defective Work or materials at any time before acceptance. Within one (1) year from the date of acceptance due to faults in workmanship or materials, Contractor shall begin making the necessary repairs to the satisfaction of City within fourteen (14) calendar days of receipt of written notice from City. Such work shall include the repair or replacement of other work or materials damaged or affected by making the above repairs or corrective work all at no additional cost to City. in the case of work materials or equipment for which warranties are required by the special provisions of the Contract Documents, Contractor shall provide or secure from the appropriate subcontractor or supplier such warranties addressed to and in favor of City and deliver same to City prior to final acceptance of the Work. Delivery of such warranties shall not relieve Contractor from any obligation assumed under any other provision of the contract. The warranties and guarantees provided in this subsection of the Contract Documents shall be in addition to and not in limitation of any other warrantees, guarantees or remedies required by law, and shall survive the expiration of this Agreement for the time period mentioned above. 7 . TAXES: Contractor shall pay all license, sales, transaction privilege, consumer, use and other similar taxes for the Work or portions thereof provided by Contractor which are legally enacted at the time bids are received whether or not yet effective or subsequently applicable due to acts of jurisdictions or bodies other than City. s i 8. PERMITS & FEES: Unless otherwise provided in the Contract Documents, Contractor shall secure and pay for all permits, government fees, licenses and inspections necessary for the proper execution and completion of Work which are customarily secured after execution of the contract and which are legally required. Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any j public authority bearing on the performance of the Work. I Contractor represents and warrants that any license necessary for Contractor to perform the Work under this Agreement is current f 3 i t i ,a.. AM, and valid. Contractor understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Contractor agrees to obtain a business license pursuant to Chapter 8 of the Apache Junction City Code, Vol. I, and keep such license current during the term of this Agreement. Contractor also acknowledges that the tax provision of the Apache Junction Tax Code, Chapter 8A, may also apply and if so, shall obtain a privilege license. Any activity by subcontractors �•._—_ wi n_the—c-czrpQrat-e_cLty—J ;mits__wi L invoke__the-_same—business -- and privilege license regulations on any subcontractors, and Contractor ensures its subcontractors will obtain any required licenses and pay all required taxes. If there are taxable activities, a business license shall be converted to a privilege license by the Contractor and any subcontractors through the City Clerk' s Office. 9. INDEPENDENT CONTRACTOR: Contractor shall at all times during Contractor' s performance of the services retain Contractor' s status as an independent contractor. Contractor' s employees shall under no circumstances be considered or held to be employees or agents of City, and City shall have no obligation to pay or withhold state or federal taxes, or provide workers compensation or unemployment insurance for or on behalf of them or Contractor. Contractor shall supervise and direct the delivery of the materials using its best skill and attention. Except as provided in this Agreement, Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work required by the Contract Documents. Contractor shall be responsible to City for the acts and omissions of its employees, subcontractors and their agents and employees and other persons providing any of the Work. '~ 10. SUPERINTENDENT: Contractor shall employ a competent project superintendent who shall be in attendance at the project site during the progress of the Work. The superintendent shall ! represent and be the community agent of Contractor and communications given to the superintendent shall be as binding as if given to Contractor. Important communications shall be confirmed in writing. The designated superintendent shall be designated for each project and communicated to City before the Work is performed. 11 . PROGRESS SCHEDULE: Contractor shall, immediately after entering into this Agreement, generate an estimated Work progress schedule, which shall be maintained and updated during the project. Work may progress during regular City business hours only if it is determined by City not to disturb normal operations. 4 S !F! F 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 ^ ------ 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, any 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. 13. SUBCONTRACTORS: All subcontractors chosen by Contractor will be subject to City' s approval. All subcontractors shall be identified by Contractor prior to award of contract. Contractor shall make no substitutions for any subcontractor, person or entity previously selected without the approval of City. 14. APPLICABLE LAW AND VENUE: The terms ar_d 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 s account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including: all litigation and appeal 1 expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the ! court in such action. I 15. INSURANCE: Contractor, at its own expense, shall I purchase and maintain the herein stipulated minimum insurance i with companies duly licensed, possessing a current A.M. Best, i i 5 ' i i i .+.. ... 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 required to be performed under the terms of the Agreement is satisfactorily completed and formally A.. accepted; failure to do so may, at the sole discretion of City, - 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 AOW 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 I of, City' s right to insist on strict fulfillment of Contractor' s obligations under this Agreement. E 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. { I i {{i I 6 f 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 �•. -- C-ayssr�ge fQ�_kzQdil y n�ury-,-�Q1d—fQrm_pro erttl ciamaa ►—p-e s-oval--- --- 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, Contractor shall purchase and maintain, at all times during prosecution of the Work, under this Agreement, an 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, 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. Automobile Liability 1 ; ; Contractor shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1, 000, 000 each occurrence with respect to Contractor' s owned, hired, and non- owned vehicles assigned to or used in performance of Contractor' s l Work. Coverage will be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA f 00011293, or any replacements thereof) . Such insurance shall include coverage for loading and off loading hazards. If hazardous substances, materials or wastes are to be transported, ; 7 f I i AONk .► MCS 90 endorsement shall be included and $5, 000, 000 per accident limits for bodily injury and property damage shall apply. 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 AOM*. of the Work; and, Employer' s Liability insurance of not less than - 10 0, 0 0 0 f o-- e-a c L--a-c-c-zd_ent_F$10_Q,1)QC-di�as-e—far—e ach—empl-ayes— --- 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. f Certificates of Insurance Ado. Prior to commencing Work or services under this Agreement, s 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 f certificates of insurance and endorsements shall be subject to i 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 j are written on a `claims made" basis, coverage shall extend for two (2) years past completion and acceptance of Contractor' s Work and as evidenced by annual Certificates of Insurance. ! I 8 !1 1 ! .o. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to City thirty (30) calendar days prior to the expiration date. 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 City __.,_-. Attorn.��l_evisle��a.n�th��o�er�c�e—r_e_qui.�e�l_h�tha-s—seat;nn �ha,L-�__------- be filed with the City and shall include the City as 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 City of Apache Junction, it is agreed that the City of 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. 16. CHANGE ORDERS: A change order is a written order to Contractor, approved by the City representative, issued after execution of this maintenance agreement authorizing a change in the Work or an adjustment in the maintenance agreement sum or the maintenance agreement time. A change order signed by Contractor indicates their agreement therewith. City may, without invalidating this maintenance agreement, order changes in the Work within the general scope of the maintenance agreement j consisting of additions, deletions or other revisions, the maintenance agreement sum and the maintenance agreement being ^ adjusted accordingly. All such changes in the Work shall be authorized by change order and shall be performed under the j applicable conditions of this maintenance agreement. The City representative shall have authority to order minor changes in the Work not involving an adjustment in the maintenance agreement sum or extension of maintenance agreement time and not inconsistent ! with the intent of this maintenance agreement. All such changes { shall be effected by written order and shall be binding upon City and Contractor. 17 . SUCCESSORS & ASSIGNS: City and Contractor each bind themselves, their partners, successors, assigns and legal representatives to the other Party hereto and to the partners, successors, assigns and legal representatives of such other Party in respect to all covenants, agreements and obligations contained in the contract documents. Neither Party to the contract shall assign the contract or sublet it as a whole or delegate its f 9 i An. ..k duties thereunder without the written consent of the other, nor shall Contractor assign any monies due or to become due to or to become due to it without the previous written consent of City. 18. WRITTEN NOTICE: Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity, or to an office of the corporation Ank for whom it was intended or if delivered at or sent registered or ----- prepaid to the last business address known to them who gives the notice. 19. CLAIMS FOR DAMAGES: Should either Party to the contract suffer injury or damage to personal property because of any act or omission of the other Party or of their employees or agents for whose acts they are legally liable, claims shall be made in writing to such other parties within a reasonable time after the first observance of such injury or damages. 20. SAFETY: Contractor and/or its subcontractors shall be solely responsible for job safety at all times. 21 . RIGHTS & REMEDIES: The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by City or Contractor shall constitute a waiver of any right or duty afforded any of them under the contract, nor shall any action or failure to act constitute an approval of or an acquiescence to any breaches hereunder except as may be specifically agreed to in writing. 22. 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, j fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of subcontractors or material men 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 jk radiation, blockade, insurrection, riot, labor strike or j 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. 10 I i i 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 ^ -- obi 1 a ations—ofth�Ra -- 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. 23. TERMINATION: A. TERMINATION BY CITY: City shall be permitted to terminate this Agreement if in the discretion of the Public Works Director or his or her designee, they believe Contractor has failed to meet the terms of this Agreement. City shall provide Notice of Termination to Contractor by Certified U. S. Mail ten (1D) calendar days before such termination takes effect. B. TERMINATION BY CONTRACTOR: Contractor may terminate this Agreement if City falls to make payment as agreed upon in this document. Any other termination will be deemed a breach of contract by Contractor. Contractor shall provide Notice of Termination to City by Certified U.S. Mail ten (10) calendar days before such termination takes effect. i 24. 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 i Agreement, and shall make such records available during that i retention period for examination or audit by City personnel j during regular business hours. } 25. AMENDMENT: It is mutually understood and agreed that j 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, and that oral understandings or agreements not incorporated herein shall not be binding on the Parties. The representatives of the Parties (signatory for Contractor noted below or his or her designee, and the City Manager, or his or her 11 } ..lk ,..k designee) ; shall be authorized to execute future amendments or extensions of this Agreement. 26. 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 ---vi-elation -e a r aFp�ieable—haws;i e�rzd n -air -c-exs itu rona� - - 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. 27. CONFLICT OF INTEREST: This Agreement is subject to, and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511 . 28. 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 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, If and $1, 000 per day for the third violation. City at its option J 1 i 12 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 '^ that--the—C c n t.ra-ctar-__c r s-uhc-cn t r-act.e-r 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. 1 I 1 s ; I ; i 13 AW IN WITNESS WHEREOF the Parties hereto have caused this Agreement to be signed by their duly authorized representative as of this day of , 2015 . Contractor: SOUTH ST SLURRY SEAL Title: City: CITY OF APACHE JUNCTION an Arizona municipal corporation By: John S. Insalaco Title. Mayor ATTEST: Kathleen Connelly City Clerk I i i i S APPROVED AS TO FORM: 3 Richard J. Stern City Attorney t 14 i i k4 t _ ®UTHWErS'T Exhibit A LURRY SEAL, INC. 22855 NORTH 21ST AVENUE PHOENIX,AZ 85027-2034 Phone 623-582-1919 FAX 623434-8805 September 9,2015 City of Apache Junction Public Works Manager 575 E.Baseline Ave Apache Junction, AZ 8S 119 Attention Shane Ktesow Ref Ironwood Dr,Elliot Road to US 60(ROW), Delaware Dr, Souther Ave to 16" Ave The following is our estimate based on the Pinal County Contract#EC11-009(FY 15-16, Countywide)to install a Type III Microsurfacing. The estimate Is based on approximately 110,920 square yards of Type 3 Microseal applied at 32 lbs.per square yard= 1,775 tons of aggregate—Emulsion(LMCQSTRMS)applied at 12%by weight of aggregate=213 tons of emulsion. 1. Traffic Control S 25,000 00 2 Type 3 Aggregate 1775 tons @ 109 18 193,794.50 3 Emulsion(LMCQSTRMS) 213 tons @ 318 30 67,797.90 4. Pavement Striping 6"yellow 26,000 If @ 0.12 3,12000 S. Pavement Striping 6"white 40,000 It @ 0 12 4.800.00 6. Pavement Symbols/Legends 17 ea @ 50.00 850.00 295,362.40 ' City Sales Tax @a 1 43% 4,223.68 ' 8�99.580.08 I I ,f 1 1 Bill Downing D�1� Sales Representative Arizona License#R00081098 A; #R00069777 A-14 Commercial,#R00055425 C-13 Residential Equal Opportunity Employer f f ... City of Apache Junction, Arizona 300 E Superstition (lf Boulevard 5; Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.5. File ID: 15-418 Sponsor Janine Solley Agenda Date- 10/20/2015 Index Budgetary Item In Control-City Council Meeting AM% Consideration of approval of the Apache Junction Chamber of Commerce contract for visitor center services in the amount of$41,000 00 The City of Apache Junction desires to retain a consultant to operate a local visitor information center Approval of this contract will fund visitor center services provided through the Apache Junction Chamber of Commerce and Visitor Center retroactively beginning on July 1, 2015 and will remain in effect until June 30, 2016 Attachments* .=►. City of Apache Junction,Arizona Page 1 Printed on 1011212015 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR OPERATION OF A LOCAL VISITOR INFORMATION CENTER This Agreement is made as of the 20th day of October 2015 (the "Effective Date") by and between THE CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and APACHE JUNCTION CHAMBER OF COMMERCE, an Arizona non-profit corporation, ("Consultant"), both of which may be hereinafter referred to collectively as the "Parties" or individually as a "Party", for professional operational services of a local visitor information center. RECITALS A. City desires to retain a consultant to operate a local visitor information center 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 Consultant 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. CONSULTANT'S DUTIES: Consultant agrees to perform the professional services detailed in the Scope of Work set forth in Exhibit A. 2. COMPENSATION: In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for professional services in an amount not to exceed an aggregate sum of $41,000.00, in accordance with the Fee and Quarterly Reporting Schedule set forth in Exhibit B and Reporting Form Template set forth in Exhibit C. 3. CONSULTANT BILLING: Consultant shall bill City on a time and expense basis 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: This Agreement shall be effective retroactively beginning on July 1, 2015 and shall remain in full force and effect until June 30, 2016, unless otherwise terminated earlier as set forth herein 5. CITY'S STANDARD OF PERFORMANCE: City shall furnish Consultant with all data, information and other supporting services specified in Exhibit A. 6. CONSULTANT'S STANDARD OF PERFORMANCE: While performing the services, Consultant shall exercise the reasonable professional care and skill customarily exercised by reputable members of Consultant's profession practicing in the Phoenix Metropolitan Area, and shall use reasonable diligence and best judgment while exercising its professional skill and expertise. Consultant shall be responsible for all errors and omissions Consultant 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 Janine Solley, Economic Development Administrator 300 East Superstition Boulevard Apache Junction, AZ 85119 If to Consultant: Apache Junction Chamber of Commerce Larry Johnson, President/CEO 567 West Apache Trail PO Box 1747 Apache Junction, AZ 85117-1147 8. INSURANCE: Consultant, 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. Consultant'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. 2 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. Consultant shall be solely responsible for the deductible and/or self retention and City, at its option, may require Consultant 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 Consultant of any deficiencies in such policies and endorsements, and such receipt shall not relieve Consultant from, or be deemed a waiver of, City's right to insist on strict fulfillment of Consultant'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 Consultant 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 3 B, CG 20101185, and shall include coverage for Consultant's operations and products and completed operations. If required by this Agreement, if Consultant sublets any part of the work, services or operations, Consultant shall purchase and maintain, at all times during prosecution of the work, services or operations under this Agreement, an Owner and Consultant's Protective Liability insurance policy for bodily injury and property damage, including death, which may arise in the prosecution of Consultant'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 Consultant's Commercial General Liability insurance. Workers' Compensation Consultant shall carry Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Consultant'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, Consultant 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 Consultant has no employees for whom workers' compensation insurance is required, Consultant shall submit a declaration or affidavit to City so stating and covenanting to obtain such insurance if and when Consultant employs any employees subject to coverage. In case any work is subcontracted, Consultant will require subcontractors to provide Workers' Compensation and Employer's Liability insurance to at least the same extent as required of Consultant. Professional Liability Consultant retained by City to provide the work or service required by this Agreement will maintain Professional Liability insurance covering acts, errors, mistakes and omissions arising out of the work or services performed by 4 Consultant, or any person employed by Consultant, with a limit of not less than $1,000,000 each claim. Certificates of Insurance Prior to commencing work or services under this Agreement, Consultant shall furnish City with Certificates of Insurance, or formal endorsements as required by the Agreement, issued by Consultant'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 Consultant'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 City thirty (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 City Attorney) evidencing the coverage required by this section shall be filed with the City and shall include the City as an additional insured. The policy .. or policies shall be in the usual form of a public Lability insurance, but shall also include the following provision: "Solely as respects work done by or on behalf of the named insured for the City of Apache Junction, it is agreed that the City of 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. 5 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 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 Consultant, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "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, 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 Consultants, subcontractors, vendors or investors desired by Consultant in connection with the obligations under this Agreement. Consultant agrees that Consultant 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 upon four (4) months' written notice. If this Agreement is terminated, City shall be reimbursed from Consultant the amount paid for any undelivered and/or unaccepted products or services. Upon termination, City agrees to pay for all delivered, accepted, and properly invoiced services that were provided up to the announced Termination Date. 12. INDEMNIFICATION: To the fullest extent permitted by law, Consultant shall defend, indemnify and hold harmless City, its elected and appointed officers, officials, agents, and employees from and against any and all 6 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 Consultant, its agents, employees, or any tier of Consultant's subcontractors in the performance of this Agreement. Consultant'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 Consultant's acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Consultant, any tier of Consultant's subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services Consultant may be legally liable. 13. LICENSE: Consultant represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Consultant understands that the activity described herein constitutes "doing business in the City of Apache Junction" and Consultant agrees to obtain a privilege license pursuant to Chapter 8 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 business tax regulations on any subcontractors, and Consultant ensures its subcontractors will obtain any required privilege license. 14. RECORDS: Records of Consultant'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. Consultant 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 Consultant. 16. WAIVER OF TERMS AND CONDITIONS: The failure of City or Consultant 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: Consultant 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. 7 As required by A R S. § 41-4401, Consultant hereby warrants its compliance with all federal immigration laws and regulations that relate to its employees and A.R.S. § 23-214(A). Consultant further warrants that after hiring an employee, Consultant will verify the employment eligibility of the employee through the E- Verify program. If Consultant 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 breach of the Agreement that is subject to penalties up to and including termination of this Agreement. Consultant 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. Consultant shall not be deemed in material breach of this Agreement if the Consultant 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 Consultant or subcontractor employee who works under this Agreement to ensure that the Consultant 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 Consultant 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 Consultant 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) 8 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 Consultant of the responsibility for subsequent correction of any such errors and the clarification of any ambiguities. Consultant shall make all necessary revisions or corrections resulting from errors and omissions on the part of Consultant without additional compensation. 21. CONFLICTS OF INTEREST: 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, Consultant and City have executed this Agreement as of the date first set forth above. Apache Junction Chamber of Commerce, an Arizona non-profit corporation By: Larry A. Johnson Its: PresidentlCEO 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 ) ) ss. County of ) The foregoing was acknowledged and subscribed before me this day of , 20 , by as of[Company Name], an Arizona [corporation/limited liability company]. Notary Public My Commission Expires: (seal) 10 STATE OF ARIZONA ) ) ss. COUNTY OF ) The foregoing was acknowledged and subscribed before me this day of , 20 , by John S. Insalaco, as Mayor of the City of Apache Junction, Arizona, an Arizona municipal corporation. Notary Public My Commission Expires: (seal) 11 A•. ..., EXHIBIT A SCOPE OF WORK The Consultant agrees to perform the following professional services in connection with this Agreement, all to be performed in accordance with all city codes, ordinances, regulations, policies and procedures- �► 1 Operate a Visitor Information Center located within the city limits, consistent with the guidelines established by the Arizona Office of Tourism ("AOT") in the Center Criteria effective July 1, 2008 or as such new/revised guidelines are published by AOT. 2 Provide a means for patrons of the Visitor Information Center to have easy access to information about licensed businesses located within the city limits and refer those patrons to those licensed businesses 3 Refer prospective new business inquiries to the City of Apache Junction Economic Development Department 4. Develop, implement and revise a program to encourage return visits to the community. 5 Ensure marketing tools utilized by the Visitor Information Center are regularly updated and maintained to inform visitors of City-sponsored and local events, area cultural, historical and recreational attractions 6 Seek out opportunities to participate in a cooperative marketing program in conjunction with a regional marketing association, firm, agency or consultant and chambers of commerce to promote city businesses and the area's cultural, historical and recreational attractions 7 Actively participate with the City in a "Shop local/Shop AX program designed to help reduce retail sales leakage. .•. 8 Enhance city sales tax revenues through the information and services listed above. 9 Submit timely quarterly reports to the City on the above activities and expenditure of public funds (utilizing the Quarterly Reporting Form template, as reflected in Exhibit C of the Agreement) 10. Report at least once during the term of the agreement on the performance of the Visitor Information Center to Mayor and City Council This report will consist of an appearance by the consultant's staff at a City Council session (Regular or Work) 12 EXHIBIT B FEE & QUARTERLY REPORTING SCHEDULE In accordance with the terms and conditions of this Agreement, City shall compensate Consultant for its professional services as follows- ..., A An aggregate sum of up to, $41,000 00, billed at the end of each fiscal quarter for that period's expenses to operate the center B Notwithstanding the fee arrangements outlined above, the Mayor and City Council of the City of Apache Junction reserve the right to annually review the Consultant's performance as related to the Scope of Work delineated in Exhibit A of this Agreement C Within ten (10) working days following the last day of each fiscal quarter, Consultant shall submit to the City's Economic Development Office detailed reports accounting for the expenditure of city funds. Consultant agrees to submit to the City typed or prepared word processor quality reports The reports must utilize Quarterly Reporting Form delineated in Exhibit C of this Agreement. 13 Am AN. EXHIBIT C Quarterly Reporting Form Within ten (10)working days following the last day of each fiscal quarter, Consultant shall submit to the City's Economic Development Office detailed reports accounting for the expenditure of city funds Consultant agrees to submit to the City typed or prepared word ,', processor quality reports All following sections must be contained in the reports, A. Expense Summary—To include a summarized expense report of direct costs associated with operating the center for each quarter Detailed receipts for any of the expenditures may be requested by the City and shall be produced by the Consultant within ten (10) working days from receipt of such request. B Scope of Work Status Report—A description of all work undertaken and all findings and conclusions related to each item contained in the Scope of Work delineated in Exhibit A. C. Verified Data Collection Summary—To include any visitor information center counts, marketing results (i a website hits, community video views, etc ) for all items identified by the Consultant as categories of data collection D. Miscellaneous—To include any additional information to keep the City updated on any activities or relevant work they are doing that demonstrates the value of the Consultant's performance and its impact upon economic development within the corporate boundaries of the City This may include items such as those that add value but are not direct expenses to run the Center .•.. 14 ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY OA' SECONDED BY )A,1,o YES NO ABSTAINED COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIM US IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEM NOS. 1-5 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED;AND THAT RESOLUTION NO 15-32, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT FOR THE USE OF CITY FUELING FACILITIES WITH SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO. 1, BE APPROVED;AND THAT THE AWARD OF CONTRACT FOR PW2015-10, STREET MAINTENANCE SLURRY SEAL WORK IN VARIOUS LOCATIONS IN PARTIAL FULFILLMENT OF FISCAL YEAR 2015-2016 STREET MAINTENANCE PLAN, BE AWARDED TO SOUTHWEST SLURRY SEAL THROUGH PINAL COUNTY COOPERATIVE CONTRACT #EC11-009 IN THE AMOUNT OF $299,580 08 PLUS 10%FOR CONTINGENCY IN THE AMOUNT OF $29,958 00 FOR A TOTAL AMOUNT NOT TO EXCEED $329,538.08,AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE CONTRACT ,^ PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY;AND THAT APPROVAL BE GIVEN FOR THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION CHAMBER OF COMMERCE FOR THE OPERATION OF A LOCAL VISITOR INFORMATION CENTER IN THE AMOUNT OF $41,000 FOR SERVICES PROVIDED RETROACTIVELY FROM JULY 1, 2015 THROUGH JUNE 30,2016;AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING APPROVAL AS TO FINAL FORM BY THE CITY ATTORNEY .... City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 6 File ID: 15-407 Sponsor- Dave Waldron Agenda Date 10/20/2015 Index- In Control City Council Meeting Presentation of a plaque to the mayor and city council by Mike Ferguson of the Apache Junction Purple Heart Chapter in recognition and appreciation of the city's designation as a purple heart city A proclamation was read at the November 4, 2014 City Council meeting honoring those men and women who served and who sacrificed or were wounded in the line of duty defending the United States of America The proclamation designated Apache Junction as a purple heart city Attachments City of Apache Junction,Arizona Page 1 Printed on 10112(2015 Avw, City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.7 File ID: 15-410 Sponsor Matt Busby Agenda Date- 10/20/2015 Index. In Control City Council Meeting Proclamation designating the week of October 18 through October 24, 2015 as "Arizona Cities and Towns Week" Attachments City of Apache Junction,Arizona Page 1 Printed on 10/1212015 i3rortamatt" On CITIES AND TOWNS WEEK 2015 OCTOBER 18 THROUGH 24,2015 WHEREAS, the citizens of Apache Junction rely on the Apache Junction to experience a high quality of life in our community;and .ter WHEREAS, cities and towns in Arizona work 24 hours a day, seven days a week to deliver vital city services such as fire,police and emergency medical response to ensure safe communities;and WHEREAS, cities and towns in Arizona also provide services and programs that enhance the quality of life for residents such as parks, utilities, street maintenance, sanitation and recycling services, libraries, community centers and recreational programs; and WHEREAS, it is important for Apache Junction to continue to provide the excellent delivery of services and programs that our citizens have come to expect in our community;and WHEREAS, it is one of the responsibilities of Apache Junction officials to ensure open and accessible government through frequent communication with citizens using various avenues and means;and WHEREAS, through participation and cooperation; citizens, community leaders, local businesses and municipal staff can work together to ensure that services provided by Apache Junction can remain exceptional elements of the quality of life of our community. NOW, THEREFORE, I, John Insalaco, by the virtue of the authority vested in my as Mayor of the City of Apache Junction,Arizona,do hereby proclaim October 18—24 to be ARIZONA CITIES AND TOWNS WEEK in Apache Junction and ask our citizens to recognize the Arizona Cities and Towns. IN WITNESS THEREOF, I have hereunto set my hand and caused the Seal of Apache Junction to be affixed the' day of 2015. HN INS O A4ayor ATTEST: KATHLEEN CONNELLY City Clerk ,... City of Apache Junction, Arizona 300 E Superstition Boulevard +1 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 8 File ID: 15-411 Sponsor-Thomas Kelly Agenda Date 10/20/2015 Index. In Control: City Council Meeting Proclamation designating the week of October 23 through 31, 2015 as"Red Ribbon Week" Doug Coleman, Drug Enforcement Administration Special Agent in Charge,will accept the proclamation Attachments* City of Apache Junction,Arizona Page 1 Printed on 1011212015 Prortamatt" On RED RIBBON WEEK OCTOBER 2015 Whereas, alcohol and drug abuse in this Nation have reached epidemic stages; and Whereas, it is imperative that visible,unified prevention education efforts by community members be launched to eliminate the demand for drugs; and Whereas, the National Red Ribbon Campaign offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles(no use of illegal drugs,no illegal use of legal drugs);and Whereas, the National Red Ribbon Campaign will be celebrated in every community in America during Red Ribbon Week,October 23-31;and Whereas, business,Government,parents,law enforcement,media,medical institutions,religious institutions,schools,senior citizens,service organizations,and youth will demonstrate their commitment to healthy,drug-free lifestyles by wearing and displaying red ribbons during this week-long campaign; and Whereas, the City of Apache Junction further commits its resources to ensure the success of the Red Ribbon Campaign; NOW,THEREFORE,1,John Insalaco,Mayor of the City of Apache Junction, Arizona,do hereby proclaim October 23 through 31 as Red Ribbon Week and encourage citizens to participate in drug prevention education activities,not only during Red Ribbon Week,but all year long,making a visible statement that Apache Junction is strongly committed to a drug-free Arizona Signed and attested to this day of ,2015 JOHN INSALACO ,Mayor ATTEST: KATHLEEN CONNELLY City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard ~ Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 9 File ID: 15-419 Sponsor- Bryant Powell Agenda Date 10/20/2015 Index- In Control City Council Meeting City manager's report Attachments City of Apache Junction,Arizona Page 1 Printed on 10/12/2015 PUBLIC HEARING 1. For APPLICATION FOR A PERSON TRANSFER,LOCATION TRANSFER, INDIVIDUAL, SERIES 7 LIQUOR LICENSE FOR DASH IN 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item9 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. "' City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,Az as„s Agenda Item No 10 File ID: 15-426 Sponsor- Kathy Connelly Agenda Date- 10/20/2015 Index. Local/State/Federal Statutory Requirement In Control City Council Meeting Consideration of an application for a person transfer, location transfer, Individual, series 7 liquor license for Dash In located at 2345 N Apache Trail, Apache Junction The next step in the process is for the council to hold a public hearing and make a recommendation for approval or denial to be fowarded to the Arizona Department of Liquor Licenses and Control Attachments City of Apache Junction,Arizona Page 1 Printed on 10/1212015 OCTOBER 7, 2015 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH BRYANT POWELL, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR OCTOBER 20, 2015: APPLICATION FOR A LIQUOR LICENSE FOR DASH IN An application for a Person Transfer, Location Transfer, Individual, Series 7 Liquor License has been submitted by Mr. Muhammad Ziaullah for Dash In located at 2345 N Apache Trail, Apache Junction. Correspondence has been received from the building division, planning division, police 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 AMIL AND. ,w Arizona Department of Liquor Licenses and Control »- 800 W Washington 5th Floor Phoenix, AZ 85007 oco � www.azliquor.gov 4RrzoN► (602) 542-5141 Application for Liquor license Type or Print with Black Ink SECTION 1 This application is for a SECTION 2 Type of Ownership .-. ❑Interim Permit (Complete Section 5) ❑J T W R O S (Complete Section 6) ❑New License (Complete Sections 2, 3, 4, 13, 14, 15, 16) Olndividual (Complete Section 6) ✓❑Person Transfer(Complete Section 2, 3, 4 12, 13, 14,16) ❑Partnership (Complete Section 6) [Z]Location Transfer(Bars and Liquor Stores Only) ❑Corporation (Complete Section 7) (Complete Section 2, 3, 4, 11, 13, 14, 16) ❑Limited Liability Co(Complete Section 7) ❑Probate/Will Assignment/Divorce Decree ❑Club(Complete Section 8) (Complete Sections 2, 3, 4, 9, 13, 14, 16) ❑Government(Complete Section 10) (Fee not required) ❑Trust (Complete Section 6) ❑Government(Complete Sections 2, 3, 4 10 13, 16) ❑Tribe (Complete Section 6) ❑Seasonal ❑Other(Explain) SECTION 3 Type of license LICENSE#07110014 1 Type of License BEAR & WINE APPLICATION FEE AND INTERIM PERMIT FEES(IF APPLICABLE)ARE NOT REFUNDABLE A service fee of$25 will be charged for all dishonored checks (A R S §44-6852) SECTION 4 Applicants 1. Individual Owner/Agent's Name ZIAULLAH MUHAMMAD Last First Middle 2 Owner Name MUHAMMAD ZIAULLAH (Ownership name for type of ownership checked on section 2) 3 Business Name- DASH IN 2) (Exactly as It appears on the exterior of premises) 4 Business Location Address 2345 N APACHE TRAIL APACHE JUNCTION AZ 85119 PINAL (Do not use PO Box) Street CRY State Tip Code County 5 Mailing Address 2345 N APACHE TRAIL, APACHE JUNCTION AZ 85119 (All correspondence will be mailed to this address) Street city State Zip Code 6 Business Phone- 480-983-1756 Daytime Contact Phone 602-300-6159 7 Email Address dashin@mchsi corn 8. Is the Business located within the incorporated limits of the above city or town? ✓❑Yes❑No 9 Does the Business location address have a street address for a City or Town but is actually in the boundaries of another City,Town or Tribal Reservation? ❑Yes�No If Yes, what City,Town or Tribal Reservation is this Business located in- 10 Total Price paid for Series 6 Bar, Series 7 Beer&Wine Bar or Series 9 Liquor Store (license only) $$1 00 Department Use Only l`�` Fees - $ - Vr.J Application Interim Permit Site Inspection Finger Prints Total of All Fees Is Arizona Statement of Citiz ip&Alien Status for State Benerits complete'z 156es❑No qjjpAccepted by6V Date Lam- License # ')14 7/27/2015 page 1 of 9 Individuals reciuirinq ADA accommodations please call(602)542 9027 Am. SECTIONS Interim Permit e If you Intend to operate business when your application is pending you will need an interim permit pursuant to ARS§4-203 01 . There MUST be a valid license of the same type you are applying for currently issued to the location or for the replacement of a Hotel/Motel license with a Restaurant license pursuant to A R.S § 4-203 01 1 Enter license number currently at the location. 2. Is the license currently in use7�9 Yes[] No If no, how long has it been out of use? Attach a copy of the license currently issued at this location to this application. i MEHMOOD YOHIUDDIN declare that I am the CURRENT OWNER, AGENT, OR CONTROLLING P (II Nome) PERSON on the stated license and location X ////I - (Signature) State JQ Z, County of / Ci Soli!"I111mb johnson The foregoing instrument was acknowledged before me this �7 PwW-Arumm tN�r CaanisstonEnpires —day Off''•�- �✓ �_ Aupust 12,22017 pay / Month Year My Commission Expires on. J I Z ' 3 / A Date (Sign t f otary Pubii SECTION 6 Individual,Partnership,J.T W.R O S,Trust,Tribe Ownerships EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE AN"APPLICANT'TYPE FINGERPRINT CARD AND$22 PROCESSING FEE FOR EACH CARD Individual Last first Middle %Owned Moiling Address CRY State Zip Code ZIAULLAH MUHAMMAD 100% 12345 N APACHE TRAIL,APACHE JUNCTION AZ85119 Is any person other than above, going to share in profit/losses of the business? ❑Yes rV Wit No If Yes, give name, current address,and telephone number of person(s) Use additionai sheets if necessary Lost Firsi Middie, Mallina Address city Statelip o e Phone N Partnershio Name of Partnership: General-Umlted Last First Middle %Owned Mailing Address Cyty State Tip Code ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ J.T.W.R.O.S (Joint Tenant with Rights of Survivorship) Name of J T W.R.O.S. Last F6st Middle Mailing Address city State Zip Code 7/27/2015 page 2 of 9 Individuals requnnci ADA accommodations please call(602)542 9027 Amok -Mk SECTION 6 - continued TR ST Na of Trust st First Middle Malling Address city State Zip Code TRIBE Name of Tribal Ow rship Last First Middle Mailing Address city State Zip Code SECTION 7 Corporations/ Limited Liability\1, EACH PERSON LISTED MUST SUBMIT A COSTIONNAIRE AN "APPLICANT" TYPE FINGERPRINT CARD AND$22 PROCESSING FEE FOR EACH CARD ❑ Corporation Complete Que ,S, 6, and 7 l L.0 Complete Que5, 6, and 7 1 Name of Corporation/L.L.0 2 Date Incorporated/Organized State'where Incorporated/Organized 3 AZ Corporation or AZ L L C File No �a`authorized to do Business in AZ 4 Is Corp/L L C Non Profit?❑Yes❑No \ 5 List Directors, Officers, Members in Corporation/L L C- Last First Middle Title Mallt ddress city State Zip Code \i (Attach additional sheet N necessary) 6 List all Stockholders/percentage owners who own 10%or more Last First Middle %Owned Mailing Address C State Zip Code 4 (Attach additional sheet B necessary) 7 If the corporation/L L C are owned by another entity,attach an Organizational FLOWCHART showing the structure of the ownership Attach additional sheets as needed in order to disclose the Officers, Directors Members Managers, Partners,Stockholders and percentage owners of those entities 7/27/2015 page 3 of 9 Individuals requidnq ADA accommodations please call(602)542 9027 SECTION 8 Club Applicants �ACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE, AN "APPLICANT"TYPE FINGERPRINT CARD, AND$22 P20CESSING FEE FOR EACH CARD. 1 ame of Club 2. Is b non-profit?❑Yes ❑No 3. List alll)�'ontrolling members (minimum of four (4)requested) Lost \ Fast Middle Moiling Address city State Tip Code (Attach additional sheet B necessary) SECTION 9 Probate, Will Assignment or,,pivorce Decree of an existing Liquor license 1 Current Licensee s Name �\ (Exactly as it appear on the license) lost First Middle 2 Assignee's Name Lost \ First Middle 3 License Type Licen Number ATTACHTOTHISAPPLICATIONACERTIFIEDCOPYOFTHEWILL,PROBATEDISTRIB TION INSTRUMENT,ORDWORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE SECTION 10 Government (for cities,towns, or counties only) 1 Government Entity 2 Person/Designee. First last Middle Day time Contact Ph' Y -Aft. A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISE FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 location to Location Transfer Series 6 Bar,Series 7 Beer &Wine Series 9 Liquor Stores only) 1 current Business- Name HITCHING POST GOLD CANYON Address 6030 S KINGRl"RANCH RD, GOLD CANYON AZ 85119 (Exactiy1rt appears on license) of la 2 New Business Name DASH IN Address 2345 N APACHE TRAIL, APACHE JUNCTION AZ 85119 3 License Type #7 BEER & WINE License Number 07110014 7/27/2015 page 4 of 9 Individuals requiring ADA accommodations please cad(602)542-9027 1 � ri+��'�f"• ,.iliif%- ,y r ii i `.°'��.+ y ,,�Tab" GQt t: G 'y�G /yrovG - . ♦ G I`lS� . STATIE OF ARIzONA %;..1 - ri, �s°• � FSsI 's. ���E� ��T .O ��� .�O �, 1� y "s � _ •�. � � i• .Y"� '� bY5 r�.ly _ .�_' ;icy'• L? ^� fr9�' � I,'� a�i. - � .x t7YyF+: i. �'�. y, * st't'.•-'� -..Gb."":, ?a�i'."C` + >�J� -'L f. \yam- s. ✓ � AV_ J C�O�1 1J:• '.R :�':. �:`17i"_ T 1 a. ,aS�f G,v.: -� r:�. L•7r< f�. Q r` License 07110014 - G: Date: 10/31/2011 Expiration Date• 8/31/2016 Issue e - Issued To Beer & Wine Bar = MEHMOOD MOHIUDDIN,Agent 4 ' ' ,• HITCHING POST GOLD CANYON LLC,Owner Mailing Address z Location: MEHMOOD MOHIUDDIN - s �. _. DITCHING POST GOLD CANYON HITCHING POST GOLD CANYON LLC - - r 6030 S KINGS RANCH RD HITCHING POST GOLD CANYON GOLD CANYON,AZ 85118 6030 S KINGS RANCH RD . GOLD CANYON,AZ 85118 �,ti -•mom--,. .,j��t% ^ r �' t. -ti`. * � = ne-" POST F C SE IN?ft. ONSPIC •S P •CE `�I`})r�i � '�7Y1jy!J 'y�.x,,��ti� j�.! 1. � .L��.��C,yt+ p --�i,�•y,<.4.1� � ��y�s, ..:�, �r �yts�, 4 ,lam SECTION 12 Person to Person Transfer Questions to be completed by Current licensee(Bar and Liquor Stores Only-Series, 06, 07, and 09) 1 Individual Owner/Agent Name. MOHIUDDIN MEHMOOD Entity w Last First )'» Middle IlIndYlidlual,Agent,Etc) 2. Ownership Name. HITCHING POST GOLD CANYON (Exactly as it appears on license) s Business Name- HITCHING POST GOLD CANYON WS, (Exactly as it appears on license) a Business Location Address 6030 S KINGS RANCH RD, GOLD CANYON AZ 85118 Street city State Zip 5. License Type BEER & WINE License Number 07110014 6 Current Mailing Address 6030 S KINGS RANCH RD. GOLD CANYON AZ 85118 Street city State Zip 7 Have all creditors, lien holders, interest holders, etc been notified? ✓❑Yes ❑ No 8. Does the applicant Intend to operate the business while this application Is pending? ❑ Yes 0 No If yes, complete Section 5 (Interim Permit) of this application, attach fee, and current license to this application 9.I, (Print Full Name) MEHMOOD MOHIUDDIN hereby authorize the department to process this Application to transfer the 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,(Print Full Name) MEHMOOD MOHIUDDIN declare that I am the CURRENT OWNER, MEMBER, PARTNER STOCKHOLDER or LICEN f the stated license I have read the above Section 12 and confirm that all statements are true,correct,,aln� to X (SigM1 a o(cURRE Individual Owner/Agent) NOTARY Stamm Nwb Johnson Nob"Putille-Arizona Pinal County My Commtaabn ExpWs State of County of J f�2 -F! I* August 12,2017 tate county The foregoing instrument was acknowledged before me thls.� day o de—k4 10, , 00' s Day jonth Year My commission expires on Z Day/Month/Year Signty NOTARY BLI 7/27/2015 page 5 of 9 Individuals requirinq ADA accommodations please call(602)542 9027 ,.. AM.. b SECTION 13 Proximity to Church or School Questions to be completed by all in-state applicants EXCLUDING those applying for a Series 5 Government Series 11 Hotel/Motel,and Series 12 Restaurant licenses A R S § 4-207 (A) and (B) state that no retailer's license shall be Issued for any premises which are at the time the license application is received by the director, within three hundred (300) horizontal feet of a church, within three hundred (300) horizontal feet of a public or private school building with kindergarten programs or grades one (1) through (12) or within three hundred (300) horizontal feet of a fenced recreational area adjacent to such school building. The above paragraph DOES NOT apply to a)Restaurant license(§4-205 02) c)Government license(§4 205 03) .� b)Hotel/motel license(§4-205 01) d)Fenced playing area of a golf course(§4-207(B)(5)) 1 Distance to nearest School 1.4 MILES Name of School FOUR PEAKS ELEMENTRY SCHOOL (if less than one(1)mile note footage) Address 1785 N IDAHO RD, AJ AZ 85119 2 Distance to nearest Church' 2 MILES Name of Church THE LIGHT HOUSE CHURCH (if less than one(1)mile note footage) Address 624 S TOMAHAWK RD, AJ AZ 85119 ADAtI>t 71z SECTION 14 Business Financials 1 I am the ruh Lessee ❑Sub-lessee ❑Owner ❑Purchaser ❑Management Company 2 If the premise is leased give lessors Name W,91—?wed Address.4�� _' lctr(, /fb/'T_ 4Z Sheet City State S-V19 � Zip — 3 Monthly Rent/Lease Rate $ 1 00 PER MONTH 4. What is the remaining length of the lease? 20 yrs months lqroAclir" s,oJcTj�,1/ 5. What is the penalty if the lease is not fulfilled? $0 or other- (Give details attach additional sheet if necessary) 6 Total money borrowed for the Business not Including lease? $ /U4,n Please List Lenders/People you owe money to for business Aa*"t.ast Fhst Middle Amount Owed Mailing Address city State Zip (Attach additional sheet N necessary) 7 What type of business will this license be used for(be specific)? ON PF*AISE BEER & WINE SALE w,eW 8. Has a license or a transfer license for the premises on this application been denied by the state with in the past (1) year?❑Yes❑✓ No If yes attach explanation 9 Does any spirituous liquor manufacture,wholesaler,or employee have an interest in your business?[ ]Yes❑No 10 Is the premises currently license with a liquor license?M Yes El No If yes,give license number and licensee's name• License# 10113136 Individual Owner/Agent Name MEHMOOD MOHIUDDIN (Exactly as d appears on license) 7/27/2015 page 6 of 9 Individuals requirinq ADA accommodations please call(602)542-9027 SECTION 15 Restaurant or hotel/motel license applicants 1 Is there an existing Restaurant or Hotel/Motel Liquor License at the proposed location'?DYes❑Vo 2 If the answer to Question 1 is YES you may qualify for an Interim Permit to operate while your application is pending, consult A R S § 4-203 01, and complete SECTION 5 of this application 3 All Restaurant and Hotel/Motel applicants must complete a Restaurant Operation Plan form provided by the Department of Liquor-Licenses and Control 4 As stated In A R S § 4-205 02:(1-1)(2), a Restaurant is an establishment which derives at least forty (40) percent of its gross revenue from the sale of food _Gross revenue is the revenue derived from sales of food and spirituous liquor on.. the licensed premises By applying for thrs-0 Restaurant ❑ Hotel/Motel, I certify that I understand that I must maintain a minimum of forty (40) percent fo6t3sales based on these definitions and have included the Restaurant Hotel/Motel Records Required for Audit form with`thjs application \\ (Applicant's Signature) 5 1 understand it is my responsibility to contact the Department of Liquorr'Lic:enses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are In place on the licensed premises. With the exception of the patio barriers, these items are not required to be properly installed for this inspection Failure to schedule an inspection will delay issuance of the license If you Qre not ready for your inspection 90 days after filing your application, please request an extension in writing,specify vvhy the extension is necessary, and the new inspection date you are requesting (Applicant's Inttiats) SECTION 16 Diagram of Premises Check ALL boxes that apply to your business ✓❑ Entrances/Exits 0 Liquor storage areas Patio- ❑ Contiguous ❑ Walk up windows ❑ Drive-through windows ❑ Non Contiguous 1 Is your licensed premises currently closed due to construction, renovation or redesign?❑YesE)No If yes what is your estimated completion date? Month/Day/Year 2 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 Place for diagram is on section 16 number 6. 3 The diagram(a detailed floor plan)you provide is required to disclose only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored on the premises unless it is a restaurant (see# 3 above) 4. 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 the boundaries,entrances,exits,added or deleted doors,windows,service windows or Increase or decrease to the square footage after submitting this initial diagram (Applicant's initials) 7/27/2015 page 7 of 9 Individuals requirina ADA accommodations please call(602)542-9027 SECTION 16 Diagram of Premises—continued 6. On the diagram please show only the areas where spirituous liquor is to be sold,served,consumed, dispensed, possessed or stored It must show all entrances,exits,interior walls,bars,hi-top tables, dining tables, dining chairs, dance floor,stage, game room, and the kitchen. 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 the premises Is attached to this application, please write the words "DIAGRAM ATTACHED" in the box provided for the diagram on the application DIAGRAM OF PREMISES to fS0 Sf� 7/27/2015 page 8 of 9 Individuals requiring ADA accommodations please call(602)542 9027 Aw SECTION 17 SIGNATURE BLOCK 1,(Print Full Nome) �f 1►'l 1t1�7�Yiereby declare that I am the Owner/Agent filing this application as stated in Section 4#1 1 have read this application and verify all statements to be true, correct and complete. X(Signature) � s ^! e State of 47, County of q. The foregoing instrument was acknowledged before me this' Bethany Writ Johnson Notuy Public-Arizona Pirgd County ) ]� My Commission Expires of August 12,2017 y Month �Year My commission expires on gn a of NOT PU C A.R.S.§41-1030 Invalidity of rules not made according to this chapter; prohibited agency action; prohibited acts by state employees enforcement: notice B An agency shall not base a licensing decision in whole or in part on a licensing requirement or condition that is not specifically authorized by statute, rule or state tribal gaming compact A general grant of authority in statute does not constitute a basis for imposing a licensing requirement or condition unless a rule is made pursuant to that general grant of authority that specifically authorizes the requirement or condition D THIS SECTION MAY BE ENFORCED IN A PRIVATE CIVIL ACTION AND RELIEF MAY BE AWARDED AGAINST THE STATE THE COURT MAY AWARD REASONABLE ATTORNEY FEES DAMAGES AND ALL FEES ASSOCIATED WITH THE LICENSE APPLICATION TO A PARTY THAT PREVAILS IN AN ACTION AGAINST THE STATE FOR A VIOLATION OF THIS SECTION E A STATE EMPLOYEE MAY NOT INTENTIONALLY OR KNOWINGLY VIOLATE THIS SECTION A VIOLATION OF THIS SECTION IS CAUSE FOR DISCIPLINARY ACTION OR DISMISSAL PURSUANT TO THE AGENCY'S ADOPTED PERSONNEL POLICY F THIS SECTION DOES NOT ABROGATE THE IMMUNITY PROVIDED BY SECTION 12 820 01 OR 12-820 02 a=4 7/27/2015 Page 9 of 9 Individuals reouirina ADA accommodations please can(602)542-9027 Llq,. Dept State of Arizona s x Department of liquor Licenses and Control 800 W. Washington 5th Floor 11 l J/� 'HDclmt�`� Phoenix, AZ 85007I U'�� �I`i l�j � 4RfZoMp (602) 542-5141 r l QUESTIONNAIRE Attention local Governments.Social security and birth date information is confidential This information may be given to law enforcement a encies for the purpose of background checks only. Attention applicant-This is a sworn document. Type or print in black ink. An extensive investigation of your background will be conducted.False or incomplete answers could result in criminal prosecution and the denial or the subsequent revocation of a license or permit. QUESTIONNAIRE TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT AND MANAGER EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT"TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE FINGERPRINTS ON FBI APPROVED CARDS{BLUE LINED)ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES, BONA FIDE FINGERPRINT SERVICES OR THE DEPARTMENT OF LIQUOR THE DEPARTMENT OF LIQUOR CHARGES A$13 FEE IN ADDITION TO OTHER FINGERPRINT FEES,A$22.00 DPS BACKGROUND CHECK FEE WILL BE CHARGED FOR EACH FINGERPRINT CARD The fees allowed by A.R.S 4 4-6852 will be charged for all dishonored checks. � �/ao/� Liquor License#: _ r 1.Cheekthe itthe locatio iscurren ricensed appropriate �Cantrolling Person Agent ❑Manager box (complete questions 1-19) (complete all questions except#14, 14o b 21, (Controlling Person or Agent must complete#21 for Manager) Controlling Person or Agent must complete#21) 2 Name. AllIJ � /V�aL On1L'(�� Birth DatefN —�F Middle ? + OT o pu is record) 3 Social Security# Driver license #: � ,-W Tjo93 ( State.AZ f(�(NOT a public record) 4 Place of birth: I Wi-fr�A t PA K I S I Pry.}' Height. 5" Weight: Eyes Hair. City Stale COUNTRY(not county) 5 Marital status [single❑marred El divorced El widowed 6 Name of current/most recent spouse. Birth Date (list all for past 5 years,use additional sheet R necessary) Last First Middle Maiden (NOT a public record) 7 You are a bona fide resident of what state? 14'rgkt If Arizona date of residency. If you have been an Arizona resident for less than three(3) months,submit a copy of your Arizona Drivers license or voters registration card. // 8 Daytime telephone numberto contact you during business hours for questions- 1 Vca}} — e�C7 �j 9 E-mail address- t k.uw Q cm Gil+s�i Cowl , 0 Business Name AS N j/J Business Phone #. ^7 L) ( .3 11 Business Location Address % ZSS1 Sfreef (do not use P O box#) Cilx State County Zip a c dAJUt 12. List Your employment ortype of business during the post five 5 ea nem to ed,retired,student list residence address. FROM TO DESCRIBE POSITION OR BUSINESS EMPLOYERS NAME OR NAME OF BUSINESS Month/Year Month/Year (Street Address City,State t Zip) —6-2C)o CURRENT ITai l (ATTACZH ADDITIONAL SHEET IF NECESSARY) 13. Indicate your residence address for the last five 5 ears. FROM TO Rent or RESIDENTIAL Street Address Month/Yeor I Month/Year own (if RENTED ATTACH ADDITIONAL SHEET WITH NAME ADDRESS,AND City State Zip f PHONE NUMBER OF LANDLORD) p CURRENT /91 Z Cry Al (elf e dGke � � Q Z 8.570 r (ATTACH ADDITIONAL SHEET IF NECESSARY) 7/24/2015 Page 1 of 2 Individuals requiring ADA accommodations please call(602)542-9027 if you checked the Manager box on the front of this form sidip to#15 1.4 As a Controlling Person or Agent will you be physically present and operating the licensed premises? If you YeONa answered YES,how many hrs/day?A)j_,and answer#14a below If NO,skip to#15. 14o.Have you attended a DLLC-a proved Liquor Law Training Course within the past 5 years? QYes[X]No (Must provide proof) If the answer to#14a is"NO"course must be completed before issuance of a new license. 15 Have you been cited arrested Indicted or summoned into court for violation of ANY law or ordinance, ❑YeONO regardless of the disposition, even if dismissed or expunged,within the past five (5) years? (For traffic violations, only include those that were alcohol and/or drug related.) 16. Are there A NY administrative low citations,compliance actions or consents,criminal arrest,indictments ❑YesW Q, or summonses PENDING against you or ANY entity in which you are now involved? Include only cnminal traffic tickets and complaints 17 Have you or any entity in which you have held ownership been an officer,member,director or []YesogNo manager EVER had a business,professional or liquor application or license reiected denied revoked, suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a lodgment ociainst you,the subject of which involved fraud ❑Yes�10 or misrepresentotlon? 19 Are you NOW or have you EVER held ownership,been a controlling person,been an officer, member, ❑YesoNo director or manager on any other liquor license in this or any other state? If you answered "JES"to any Question 15 through 19 YOU MUST attach a signed statement Give complete details including dates,agencies involved and dispositions SUBSTANTIVE CHANGES TO THE APPLICATION WILL NOT BE ACCEPTED 20 I,�,IIJIfA1fP �iA/ U412 hereby declare that I am the APPLICANT/REPRESENTATIVE filing this questionnaire. (Print Full Name of Applicant) I have read this questionnaire and oil statements are true,correct and complete V?NAO X60 //'•/ ll�/�i/ (signature) State Z649- County of The foregoing instrument was acknowledged before me this S 842 Zo�� OFF) i. . ROBERT JON ""O C Year My Commission Expires on £ t ZO�7 j ;, NOTAhY PU8 Public) MARICOPA COUNTY Vim ti;�:�= any co^m Ezpi,zs Janie t,2011 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 (Print Name) X (Signature of controlling Person or Aged) State County of The foregoing instrument was acknowledged before me this day of Day Month Your My Commission Expires on. Date (Sigrwlure of Notary Public) 712412015 Page 2 of 2 Individuals requiring ADA accommodations please call 1602t542-9027 A*Wk v do a d�R w State of Arizona Department of Liquor Licenses and Control s 800 W. Washington 5th Floor pDo� Phoenix, AZ 85007 602 542-5141 '1ri►iZON p ARIZONA STATEMENT OF CITIZENSHIP OR ALIEN STATUS FOR STATE PUBLIC BENEFITS Awft 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),nonimmigrant,and certain aliens paroled into the United States are eligible to receive state, or local public benefits With certain exceptions,a professional license and commercial license issued by a State agency is a State public benefit Arizona Revised Statutes§41-1080 requires, in general, that a person applying for a license must submit documentation to the license agency that satisfactorily demonstrates the applicant's presence in the United States is authorized under federal law Directions: All applicants must complete Sections I, II, and IV. Applicants who are not U S.citizens or nationals must also complete Section III. Submit this completed form and a copy of one or more document(s)from the attached"Evidence of U S Citizenship, U.S. National Status,or Alien Status"with your application for license or renewal If the document You submit does not contain a Photograph, You must also provide a -government issued document that contains your photograph You must submit supporting legal documentation(i a marriage certificate)if the name on your evidence is not the some as your current legal name SECTION I —APPLICANT INFORMATION INDIVIDUAL OWNER/AGENT NAME(Print or type) m a/I AMMA IJ Z'AULLA-14 SECTION II—CITIZENSHIP OR NATIONAL STATUS DECLARATION Are you a citrzen or national of the United States? Yes ❑No If Yes,indicate place of birth CityL�� —State (or equivalent) v Country or Territory dk_ If you answered Yes, 1) Attach a legible copy of a document from the attached list 2) Name of document: Go to Section IV If you answered No, you must complete Section III and IV 7/28/2015 Page 1 of 3 Individuals requiring ADA accommodations please call(602)542-9027 Aft, dam. SECTION III-ALIEN STATUS DECLARATION To be completed by applicants who are not citizens or nationals of the United States. Please indicate alien status by checking the appropnote box. Attach a legible copy of a document from the attached list orother document as evidence of your status. Name of document provided Qualified Alien Status (8 U S C §§ 1621(a)(1),-1641(b) and (c)) °M'' ❑ 1. An alien lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) ❑ 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 INA ❑ 6 An alien granted conditional entry under Section 203(a)(7) of the INA as in effect pnor to April 1, 1980 ❑ 7 An alien who is a Cuban/Haitian entrant. ❑8 An alien who has,or whose child or child's parent is a"battered alien'or an alien subject to extreme cruelty in the United States. Nonimmigrant Status (8 U.S.0 § 1621(a)(2)) ❑ 9 A nonimmigrant under the Immigration and Nationality Act [8 U S C§ 1 101 et seq] Nonimmigranis are persons who have temporary status for a specific purpose See 8 U S C § 1101(a)(15) Alien Paroled into the United States For Less Than One Year(8 U.S C § 1621(a)(3)) ❑ 10 An alien paroled into the United States for less than one Year under Section 212(d)(5) of the INA Other Persons (8 U S C § 1621(c)(2)(A) and (C) ❑ 11. A nonimmigrant whose visa for entry is related to employment in the United States, or ❑ 12 A citizen of a freely associated state if section 141 of the applicable compact of free association approved in O.%k 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 of Seq], ❑13 A foreign national not physically present in the United States. Otherwise Lawfully Present ❑ 14 A person not described in categories ]-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 a U.S.C. § 1621(a). 7/28/2015 Page 2 of 3 Individuals requiring ADA accommodations please call(602)542-9027 SECTION IV - DECLARATION All applicants must complete this section I declare under penalty of perjury under the laws of the state of Arizona that the answers and evidence I have given are true and correct to the best of my knowledge. Individual Owner/Agent Printed Name Today's Date f l". Individual Owner/Agent signature EVIDENCE OF U S. CITIZENSHIP U.S. NATIONAL STATUS OR ALIEN STATUS You must submit supporting legal documentation(i a marriage certificate)d the name on your evidence is not the same as your current legal name. Evidence showing authorized presence in the United State includes the following 1. An Arizona driver license issued after 1996 or an Arizona non-operating identification card. 2 A driver license issued by a state that verifies lawful presence in the United States 3. A birth certificate or delayed birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941),Guam, the U.S Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) 4 A United States certificate of birth abroad 5 A United States passport. `"`Passport must be signed*** 6 A foreign passport with a United States visa 7 An 1-94 form with a photograph 8 A United States citizenship and immigration services employment authorization document or refugee travel document 9 A United States certificate of naturalization 10 A United States certificate of citizenship. 11 A tribal certificate of Indian blood 12 A tribal or bureau of Indian affairs affidavit of birth 13 Any other license that is issued by the federal government, any other state government, an agency of this state or a political subdivision of this state that requires proof of citizenship or lawful alien status before issuing the license 7/28/2015 Page 3 of 3 IncMduals requiring ADA accommodations please call(602)542-9027 4. :`R• •tit.`;"::•• .:;�, .�?e�,.: y�.:._... _ .t'f��: _ _ -- .....-__....-. -.ems"_'...... ..�s�A-,.s._4��= ._—.v'�T•'- Of the Um?ed Stiles, vi r/ri to jarm4 omrrpel'ect UNroN;. ��_ ������ ��y3�•sy ewrG/f�bJftrtar>raslardosnslrrTieNgr�liq; I! �- "�-'� �"r�h-,s , provide jorfbecoamaNdr�PN[f; plONlafe JlkgellejAl IrIc'fie,,w7a'serner t;"-.�`;(hi B/, ' ylo,/b&nytooNnrhvad 41e}7eNel(Nlrtlsb/iif6'thi u e UNNR4Slt/jt:l iViNq ; y li 'lIWO i�• �'('Rwt��i`aib� 9R ,p•.,/ '7l yi�i.7 K �` �,�' �,:yl 'tea FARUE— RE:I FIRMA DEL TfTULAR e;l+ PASAPORTE <� ZIAUIL Ab lily/Bdwnaiiph/luo�o�'te�c -` _ "! ,4 •.. UNITED.SiNT W AMEf3ICA:`• -Dd�d"EirtA/jy,�br '�.,,T+�etiia:ereimwro---;�--''•=ti t,��.*._' .�'�_` r1 �: ''��j��' 4i- lam' 1 4'.Ij� K:���...•, I ��••"/ �.. dbifttA/ ;drialwir /�Spgbac%$ref _ly '$AAlSTAN a --QdEd�-Ul I Ild"i. If�olu d�iafaldn lYtnoAy/Aiialfb ~j• �D�ls " �'�flJ•- :iN� � >�Ykl � ]�1'�'.tJ��i,n� `i — �'�.•� a is:lr� ..t, _ F � _•., USA 3u1'2023, ' " SEE PAGE 51 _ .s$` a t-e�x.7• �. `L .Ste t<eR a. ':t�`'#3�.:.xy,,�'• � "� S„+ r� � s f <80234$ r R3'�If R U�fNSE ' iza a ,�; sir :k E+X a� o �%14Y1965a •;, o�tTMA AAM xq -v'��ffi11�I130' a is,�s'07J ' .t[ . lEYBR0� _.�. ..t)WESS bHAIFBRO s DID 4016MV610Z7607M5 AM. Awh lei*� Home of the Superstition Mountains q SNP NOTICE The attached application for a Person Transfer, Location Transfer, Individual, Beer and Wine Bar Liquor License submitted for Dash In located at 2345 N Apache Trail, Apache Junction, Arizona, was posted on the 17th day of September 2015, 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, October 20, 2015, at the City Council Chambers, 300 E Superstition Blvd., Apache Junction, AZ at 7.00 p.m , at loft. which time any objections filed will be heard. -Z Xr Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. -Voice(480)982-8002 -FAX (480)982-7018 -TDD (480) 983-0095 -www ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 .� PQ p H home of the Superstition Mountains q NP September 17, 2015 Muhammad Ziaullah Dash In 2345 N Apache Trail Apache Junction, AZ 85119 Dear Mr Ziaullah. Please be advised that the application for a Person Transfer, Location Transfer, Individual, Series 7 Liquor License submitted for Dash In located at 2345 N. Apache Trail, Apache Junction, Arizona, was posted on September 17, 2015, in accordance with state law The Apache Junction City Council will hold a public hearing on October 20, 2015, 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, October 7, 2015, in order for this application to be placed on the City Council agenda If you have any questions concerning this matter, please contact my office at 474-5068. Sincerely, Kathleen Connelly City Clerk • Voice (480)982-8002 • FAX (480)982-7018 •TDD(480)983-0095 • www aicity net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 SEPTEMBER 15, 2015 MEMORANDUM TO. DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT BUILDING DIVISION THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR LIQUOR LICENSE FOR DASH IN Mr Muhammad Ziaullah has submitted an application for a Person Transfer, Location Transfer, Individual, Series 7 Liquor License for Dash In located at 2345 N Apache Trail, Apache Junction Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, October 7, 2015, in order for this item to be on the agenda for the City Council meeting of October 20, 2015 Janet Mason From: Dave Zellner Sent: Wednesday, October 07, 2015 3-17 PM To: Janet Mason, Rudy Esquivias Cc: Larry Kirch; Kathy Connelly Subject: RE. Liquor license application for Dash In Building Division has no issues. Dave Z From: Janet Mason Sent: Wednesday, October 07, 2015 3.04 PM To: Dave Zellner, Rudy Esquivias Cc: Larry Kirch; Kathy Connelly Subject: FW: Liquor license application for Dash In This was originally sent out on September 17. ,Tavv Ma4o-Vv Deputy City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 jmason@aJaty.net From:Janet Mason Sent:Thursday,September 17, 2015 4:39 PM To. Dave Zellner<dzellner@AJCity.Net>, Rudy Esquivias<resquivias@aJcity.net>,John Suniga (john suniga@sfmd.az.gov)<John suniga@sfmd az.gov> Subject: Liquor license application for Dash In I have received a liquor license application for the Dash In at 2345 N.Apache Trail Please have your department recommendations to me no later than Wednesday,October 7, in order for this to be on the October 20 agenda. Thanks. ,Taw Ma4oyt, Deputy City Clerk City of Apache Junction 300 E.Superstition Boulevard Apache Junction, AZ 85119 (480)474-5068 imasoriftaicity.net Janet Mason From: Rudy Esqurvias Sent: Wednesday, October 07, 2015 3.11 PM To: Janet Mason, Dave Zellner;John Surnga Qohn suniga@sfmd az.gov) Subject: RE. Liquor license application for Dash In Jan -0 . The Planning Division has no comments or objections to this person to person transfer of beer and wine liquor license for the long established business/convenience store called the Dash In. CRY4.064qutbrCL6 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6 00pm, closed Fridays and Holidays ) From: Janet Mason Sent: Thursday, September 17, 2015 4:39 PM To: Dave Zellner; Rudy Esquivias; John Suniga oohn.suniga@sfmd.az.gov) Subject: Liquor license application for Dash In I have received a liquor license application for the Dash In at 2345 N. Apache Trail Please have your department .—recommendations tome no later than Wednesday,October 7, in order for this to be on the October 20 agenda Thanks. ,Ta4lIL M a4oiv Deputy City Clerk City of Apache Junction 300 E.Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 Lmason ascity net 1 .•1 Janet Mason From: Jeff Robinson Sent: Monday, September 21, 2015 7.50 AM To: Janet Mason Cc: Troy Mullender;Thomas Kelly Subject: RE. Liquor license application for Dash In Janet, the police department has no objections to the sale of the Dash in by Mr Mohiuddin However we cannot confir'� if the purchaser Mr Ziaullah is qualified to possess a liquor license This would have to be verified through the Arizona Department of Liquor License and Control. From:Janet Mason Sent:Thursday,September 17, 2015 4 45 PM To:Jeff Robinson Subject:Liquor license application for Dash In I have received a liquor license application for the Dash In at 2345 N Apache Trail. Please have your department recommendation to me no later than October 7 in order for this to be on the October 20 agenda. ,law Ma4ovi. Deputy City Clerk City of Apache Junction 300 E. Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 imason@aiaty net i r► al Superstition Fire & Medical District 3700 E. 16`h Avenue, Apache Junction, AZ 85119 Phone (480) 982-1299, Fax (480) 982-3268 www.sfmd az gov 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- September 21,2015 SUBJECT Application for Liquor License Transfer for 2345 N.Apache Trail Apache Jct.,AZ The Superstition Fire/Medical District has reviewed the application as noted above regarding the facilities at 2345 N Apache Trail, (Dash In) 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 982-1299 Thank You JOS ATTN: Application ROLL CALL VOTE NOTES Ali ITEM # MEETING OF MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY VICE MAYOR BARKER COUNCILMEMBER W ILSON COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL ,.r ITEM NO. 10 I MOVE THAT THE APPLICATION FOR A PERSON TRANSFER, LOCATION TRANSFER, INDIVIDUAL, SERIES 7 LIQUOR LICENSE FOR DASH IN, SUBMITTED BY MUHAMMAD ZIAULLAH, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL)TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING _ 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER FOR NOVEMBER 21, 2015 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item9 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms9) 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. 1'ti City of Apache Junction, Arizona 300 E Superstition Boulevard u ; Agenda Item Cover Sheet Apache Junction,Az as„s Agenda Item No.11. File ID: 15-428 Sponsor.Kathy Connelly Agenda Date. 10/20/2015 Index- Local/State/Federal Statutory Requirement In Control- City Council Meeting Consideration of an application for a special event liquor license for Usual Suspects Law Enforcement Motorcycle Club Arizona Chapter to be held November 21, 2015 at the Hitching Post, 2341 N Apache Trail, Apache Junction The next step in the process 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 Attachments. City of Apache Junction,Arizona Page 1 Printed on 1011212015 OCTOBER 7, 2015 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH BRYANT POWELL, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR OCTOBER 20, 2015 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS LAW ENFORCEMENT MOTORYCYCLE CLUB ARIZONA CHAPTER An application for a Special Event Liquor License has been submitted by Mr. Josh Springer of the Usual Suspects Law Enforcement Motorcycle Club Arizona Chapter for an event to be held on November 21, 2015, at the Hitching Post, 2341 North Apache Trail, Apache Junction Correspondence has been received from the building division, planning division and police department and fire district, a copy of which is attached Please note the comments made by the planning division 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. FOR DLLC USE ONLY Ci Arizona Department of Liquor Licenses and Control Event date(s) 800 W Washington 5th Floor Phoenix AZ 85007-2934 www a zliq uo r.gov Event time sta rt/end ` (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) ^' A service fee of$25 00 will be charged for all dishonored checks (A R S. §44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event.If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control(see Section 15). SECTION 1 Name of Organization USUAL SUSPECTS L E.M.C. ARIZONA CHAPTER SECTION 2 Non-Profit/IRS Tax Exempt Number: 20-3146205 SECTION 3 The organization is a (check one box only) @Charitable (501.C) ❑Fraternal (must have regular membership and have been inexistence foroverfive (5)years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure orCampaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? @Yes ❑No THE HITCHING POST 061100134 602 214-5635 Name of Business License Number Phone(include Area Code) SECTION How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19-318 for expla na tion (look in spec ial eve ntplanning guide) and check one of the followinb boxes. ❑Place license in non-use @Dispense and serve all spirituous liquors under retailer's license ❑Dispense and serve all spirituous liquors under spec ialevent ❑Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event If the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise) SECTION 6 What is the purpose of this event? @On-site consumption ❑Off-site (auction) ❑Both SECTION 7 Location of the Event THE HITCHING POST PIZZA PUB Add Tess Of Loc a tlo n. 2341 N APACHE TRAIL APACHE JUNCTION PINAL AZ 85119 Street City County/State Zip SECTION 8 Will this be stacked with a wine festival/craft d istille r fe stiva 17 ❑Yes 10No SECTION 9 Applicant must be a member of the qualifying organization and authonzed by an Officer, Dire c tor or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13) 1 Applicant: SPRINGER----------------JOSH-_ GORDON 28 SEP 1966 Last First Middle Date of Birth 2 Applicant's mailing address 578 S STARR RD APACHE JUNCTION AZ 85119 Street City State Zip 3 Applicant's home/cell phone (480) 236-7050 Applicant's business phone 01 ) 236-7050 4 Applicant's email address USUALSUSPECTSMCFLOP@GMAIL COM 10/17/14 Page 1 of 4 Individuals requiring ADA accommodations call(602)542-9027 SECTION 10 1 Hasthe applicant been convicted of felony, or had a liquorlicense revoked within the lastfive (5)years7 ❑Yes NNo (Ifyes attach explanation) 2 How many special event licenses have been Issued to this location this yea 0 1__________ (The number cannot exceed 12 events peryea r;exceptions under A l S §4 203 02(D)) 3 Is the organization using the services of a promoter or other person to manage the event? ❑Yes ®No (Ifyes,attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds Account for 100% of the proceeds The organization applying must receive 25% of the gross revenues of the special event liquor sales Attach an additional page if necessary THE USUAL SUSPECTS LEMC ARIZONA - 100 Name ___ Percentage ------------------------------ Address PO BOX 31742 MESA AZ 85275 Street C ity Sta to Zip Na me-----------------------------------------—---------- Pe rc a nta g e Address Street City State Zip 5 Plea se readARS §4-20302Special eve ntlicense. rule sandR19-1.205Reauirements for aSpecial Event License Note•ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEV ERA G ES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED C 0NTAINERS OR THE SPECIAL EVENT LIC EN SE IS STAC ICED WITH WINE/C RAFT DISTILLERY FESTIVAL LIC ENSE" 6 What type of security a nd c ontrol mea sures will you to ke to prevent violations of liquor laws at this event? (List type a nd number of polic a/se c urity personnel a nd type of fenc ing or c ontrol ba rriers,if a pphc a ble) 2------Number of Police 10___ Number of Security Personnel Wencing ❑Barriers Expla na tion 2 Paid Uniformed AZ Post Certified Law Enforcement Officers Voulunteers from Usual Suspects LEMC consisting of Active and Retired Officers Paid on site staff employees of The Hitching Post Pizza Pub SECTION 11 Date(s) and Hours of Event. May not exceed 10 c onse c utive days. See A R S §4-244(15) a nd (17) for lega I hours of service Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 11-21-15 Saturday 1000 hrs 2200 hrs DAY 2 DAY 3 DAY 4 DAY S. DAY 6 DAY 7- DAY 8 DAY 9 DAY 10 10/17/14 Page 2 of 4 Individuals requiring ADA accommodations call(602)542-9027 ... .. SECTION 12 License premises diagram The licensed premises for your special event Is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license The following space is to be used to prepare a diagram of your special event licensed premises Please show dimensions, serving areas, fencing, barricades, orothercontrol measuresand security position SEE ATTAC E H D NT40111111111k 10/17/14 Page 3 of 4 Individuals requiring ADA accommodations call(602)542 9027 SECTION 13 This section is to be completed only by an Officer, Director or Chairperson of the orga nization named in Section 1 Josh Gordon Springer I, ------_ d ec la re that I a m a n O FFIC ER, DIREC TO R, or C HAIRPERSO N (Print full na me) appointing the a p p lic a nt liste d in Section 9, to apply on be ha If of the foregoing organization fora Special Event Liquor-bcen X J Officer/Boardmember _�3 `S 480-236-7050 !"► (Signature) Title/Position Date Phone# The fo going instrument wa s a c know before me this ' Day Month Year StateCounty of___j_�-•_n�� raj NOTARY PUBLIC My C om mission xp STATE OF ARIZONA :---•' 1 C f:�� D tf��0-dry Signature of Notary Public SECTION 14 This section is to be completed only by the applica nt named in Section 9 1 JOSH GORDO_N SPRINGER ___ declare that I am the APPLICANT filing this application as (Print full na me) listed in Section 9 I have read the application and the contents and all statements are true, correct and complete X f BOARD MEMBER -7,,3 480-236-7050 (Sig ature) Ttle/Position 1� Date Phone# The oregoing instrume nt wa s acknowledged before me this1- � �_a011 -- _") Day Month Year State __— mcCountyof_--. v_�_?` --____ NOTARY PUBLIC My Commission E pir A,- -- Dh Anall County P-,4RtZONA Signature of Notary Public The local governin bodyl*Opmmosicatiff%WtsoDWdlaipplic tionsto be completed and submitted Please check with local government as o o these applications to be submitted Additional licensing fees may also be required before approval may be granted For more information, please contact your local jurisdiction- http://www.azliquor.gov/assets/documents/hornepage docs/spec event linkspdf SECTION 15 Local Governing Body Approval Section I-------__-----------—----- --_ _ recommend ❑APPROVAL ❑ DISAPPROVAL (government official) (Title) on be ha If of ----rl ---o7 -------'------------gnat---------'----------' ------------------ (C ,Town,Coun ) Si nature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY DATE 10/17/14 Pa ge 4 of 4 Individuals requiring ADA accommodations call(602)542-9027 16.0 outchmwv t L f 3 �: fie%rift .a :�Fy q � a F i4 .3 s Yt �g1F J 1 n `µme` T¢ 0�pl LIN L F ay.• ur asa ,�s�' '"4 �3$'tMr�n. :7 . , -. r ,: ' '. - •l"tr - y L: '�� � � .YM1 � �u1F r yt�f�,.t rM+Y �`.�� &, '� '� '� aT �, � � L+ a ���< �'�a Hal•. �� a� � M s i. w. 'I��• ` ` rl"'Ir «,4, mod' 9 A Y" '£] ��tr• 9, �'.t ` e..+'�'"-�' 1 � B�.� �.:'\ � i j�Mc�;a.t urt .+ u. � .1, �.. ..� ' ��� •as._...„��ta�Fts y"t'.. �. .. :...-> - "as' s�.> .07 .i..a• � .'' .yk_'k14�. SRm';:1a�.. ..,..,,'tir:._.x 'a�.+c`{��._., i' 'x _ , .. .__ _ PP ACHE Dome of the Superstition Mountains q N September 29, 2015 Usual Suspects L E M C Arizona Chapter Attn: Josh Gordon Springer 578 S Starr Apache Junction, AZ 85119 Dear Mr. Springer: Please be advised that your application for a Special Event Liquor License for the Usual Suspects L E M C Arizona Chapter for November 21, 2015 at 2341 North Apache Trail has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on October 20, 2015, 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(480)983-0095 •www aJcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 SEPTEMBER 29, 2015 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT BUILDING DIVISION THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS L E M C ARIZONA CHAPTER Mr Josh Gordon Springer has submitted an application for a Special Event Liquor License for November 21, 2015 at 2341 North Apache Trail, Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Wednesday, October 7, in order for this item to be placed on the agenda for the City Council meeting of October 20, 2015 Janet Mason From: Dave Zellner Sent: Wednesday,October 07, 2015 11.09 AM To: Janet Mason, Rudy Esquivias;John Surnga 0ohn suniga@sfmd az gov) Cc: Larry Kirch, Kathy Connelly Subject: RE department recommendation for special event liquor license for the Usual Suspects for November 21, 2015 The building department request that the total number of portable toilets be increased to 6 and at least one of the 6 to be ADA accessible A hand washing station also needs to be supplied adjacent to the portable toilets Dave Zellner From: Janet Mason Sent: Wednesday, October 07, 2015 10:34 AM To: Rudy Esquivias; Dave Zellner; John Suniga Gohn.suniga@sfmd.az gov) Cc: Larry Kirch; Kathy Connelly Subject: department recommendation for special event liquor license for the Usual Suspects for November 21, 2015 1 have not received the department recommendation for the November 21 special event liquor license for the Usual Suspects It is due today by noon I must have your department recommendation by then if you wish to have it in the council meeting packet. Thanks. Deputy City Clerk City of Apache Junction 300 E.Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 jmason@ajcity.net i Am Aa. Janet Mason From: Rudy Esquivias Sent: Wednesday, October 07, 2015 1110 AM To: Janet Mason, Dave Zellner;Jeff Robinson,John Suniga oohn.suniga@sfmd.az gov) Cc: Anne Wenk; Denise Moulson, Larry Kirch Subject: RE Application for a special event liquor license for the Usual Suspects L.E M.C.Arizona Chapter Jan- The Planning Division has reviewed the application for the special event liquor license for this one-time special event on the B-1 (General Commercial)-zoned properties at the southeast corner area of E Lost Dutchman and N.Apache Trail Although zoning does allow for this type of activity,we offer the following comments for the Council's consideration: 1) The event will be held on a lot adjacent to and just southwesterly of the Hitching Post,which is normally the site of the Hitching Post parking lot Although there is common ownership in these parcels,the owners have not combined the parcels and the Hitching Post has not permanently extended its premises. 2) Concert events have not been held on this parcel before and although there will be temporary fencing installed, we believe the elevated stage will be very visible from N.Apache Trail causing a "Looky Lou"traffic effect and concern We strongly suggest that the temporary chain link fence proposed around the concert area also contain view screening mesh material provided by the fence installer. 3) Much of the parking for the event will be located on a property south of the Hitching Post which already contains a trucking business and an RV/boat storage business Mixing event day parking and storage lot uses is unusual, but the applicants do not believe there will be any security issues Although we have asked for it on previous occasions, we still have not received a scaled, professionally drawn site plan that shows how many parking spaces can be accommodated and traffic safely routed on the parcels surrounding the Hitching Post for these special events, especially in light of need for parking of hundreds of vehicles and the attendance of close to 1000 people 4) Traffic impact to surrounding residential areas should be kept to a minimum,but it appears that after-concert traffic will be routed into the residential neighborhoods to the east and southeast. Police personnel will need to 'NN� direct the traffic flow, as discussed with the applicants 5) The stage and amplified music will be pointed in a northwesterly direction, towards other commercial properties and undeveloped State and BLM lands, which should help mitigate noise impacts to the neighborhoods to the east 6) Concert event lighting should be directed away from traffic and residential properties,and should be shut off by 10pm. 7) Applicants must provide for adequate security,sufficient porta-Johns,and pre-event watering down of all activity areas Applicants stated they will provide at least 6 porta johns. 8) Event day signage must not be placed in the right-of-way or obstruct vehicle or pedestrian traffic,and must be taken down immediately following the event 9) Parking and activity areas are to be watered down the day of the event for dust mitigation 10) Applicants are to address any other safety,circulation and traffic issues with Public Safety and Public Works staffs Lastly, we note that the property owners did recently apply for a conditional use permit(CUP)to try and address these types of outdoor entertainment events in a comprehensive manner, but they withdrew their CUP request because of neighborhood opposition. In one sense, with this plan they have tried to mitigate noise impacts to the residential i An.. '^ neighborhoods to the east City staff will monitor the event to learn from it and make adjustments in the future if needed Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@apcity.net SERVICE OVER AND ABOVE THE REST loom, (Development Services Department office hours: Monday through Thursday from 7,OOam to 6 OOpm, closed Fridays and Holidays.) From: Janet Mason Sent: Wednesday, September 30, 2015 10:45 AM To: Dave Zellner; Rudy Esquivias; Jeff Robinson; John Suniga (John suniga@sfmd.az.gov) Cc: Anne Wenk; Denise Moulson; Larry Kirch Subject: Application for a special event liquor license for the Usual Suspects L.E.M.C. Arizona Chapter I have received an application for a special event liquor license for the Usual Suspects to be held on November 21, 2015. Please have your department recommendations tome no later than Wednesday,October 7,so that this maybe on the October 20 agenda Thanks Jaw Ma4ovv Deputy City Clerk City of Apache Junction 300 E.Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 imason@aicity net AOW. 2 Aftk Amok Janet Mason From: Jeff Robinson Sent: Thursday, October 01, 2015 9.29 AM To: Janet Mason Cc: Troy Mullender;Thomas Kelly Subject: RE- Application for a special event liquor license for the Usual Suspects L E M C.Arizona Chapter Janet, the police department has no objections to APPLICATION FOR A SPECICAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS L.E.M.C.To be held at the Hitching post, 2341 North Apache Trail on November 21, 2015 From:Janet Mason Sent:Wednesday, September 30, 2015 10 45 AM To: Dave Zellner; Rudy Esgwvias;Jeff Robinson,John Suniga (john.suniga@sfmd az gov) Cc:Anne Wenk, Denise Moulson, Larry Kirch Subject:Application for a special event liquor license for the Usual Suspects L E M C Arizona Chapter I have received an application for a special event liquor license for the Usual Suspects to be held on November 21, 2015. Please have your department recommendations to me no later than Wednesday,October 7, so that this may be on the October 20 agenda Thanks Jaw Ma4o-w Deputy City Clerk City of Apache Junction 300 E.Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 amason@aicity net i —--' Superstition Fire & Medical District 3700 E 1611 Avenue, Apache Junction, AZ 85119 Phone (480) 982-1299, Fax (480) 982-3268 UV www sfmd az gov MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction 300 E Idaho Road Apache Jct,AZ 85219 FROM: John Sumga,Deputy Fire Marshal DATEOctober 7,2015 SUBJECT Application for Special Event Liquor License for 2341 N.Apache Trail The Superstition Fire/Medical District has reviewed the application as noted above regarding the facilities at 2341 N Apache Trail for an event to be held on November 21,2015 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 982-1299. Thank You _:::�,7..ZE_ ATTN Application ROLL CALL VOTE NOTES rX ITEM # 1 MEETING OF IV MOTION BY: SECONDED BY F- YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI COUNCILMEMBER EVANS COUNCILMEMBER WILSON COUNCILMEMBER WALDRON VICE MAYOR BARKER MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 11 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER TO BE HELD ON NOVEMBER 21, 2015, SUBMITTED BY JOSH SPRINGER, BE RECOMMENDED FOR(APPROVAL) OR(DENIAL)TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL(OR)BE RECOMMENDED FOR APPROVAL WITH THE FOLLOWING CONDITIONS: PUBLIC HEARING 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR THE USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER FOR JANUARY 15,2016 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. ,m.. Ao" City of Apache Junction, Arizona 300ESuperstition Boulevard i. Apache Junction,AZ 85119 Agenda Item Cover Sheet vi •� ter: Agenda Item No. 12 File ID: 15-427 Sponsor. Kathy Connelly Agenda Date. 10/20/2015 Index: Local/State/Federal Statutory Requirement In Control- City Council Meeting Consideration of an application for a special event liquor license for Usual Suspects Law Enforcement Motorcycle Club Arizona Chapter for an event to be held on January 15, 2016 at the Hitching Post, 2341 N Apache Trail, Apache Junction The next step in the process 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 Attachments. City of Apache Junction,Arizona Page 1 Printed on 1011212015 OCTOBER 7, 2015 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: BRYANT POWELL, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR OCTOBER 20, 2015 APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS LAW ENFORCEMENT MOTORYCYCLE CLUB ARIZONA CHAPTER An application for a Special Event Liquor License has been submitted by Mr Josh Springer of the Usual Suspects Law Enforcement Motorcycle Club Arizona Chapter for an event to be held on January 15, 2016, at the Hitching Post, 2341 North Apache Trail, Apache Junction Correspondence has been received from the building division, planning division, police department and fire district, a copy of which is attached. Please note the comments made by the planning division 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 FOR DLLC USE ONLY n; Arizona Dep a rtment of Liquor Licenses and Control Event d ate(s) 800 W Washington 5th Floor ----------------------------- ____ Phoenix AZ 85007-2934 - www azliquor gov Eve nttime start/end (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) A service fee of$25 00 will be charged for all dishonored checks (A.R.S. W-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control(see Section 15). SECTION 1 Name of Organization. USUAL SUSPECTS LEMC AZ CHAPTER SECTION 2 Non-Profit/IRS Tax Exempt Number 20=3146205 SECTION 3 The organization is a (check one box only) Wharitable (501C) ❑Fraternal (must have regular membership and have been inexistence for over five (5)years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure orCampaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? Byes ❑No THE HITCHING POST 06110064 602 214-5635 Name of Business License Number Phone (include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19-318forexplanation (look in special event planning guide) and check one of the following boxes ❑Place license in non-use BDispense and serve allspirltuous liquors under retailer's license []Dispense a nd serve all spirituous liquors under special event ❑Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event.If the special event is only using a portion of premise, agenVowner will need to suspend that portion of the premise ) SECTION 6 What is the purpose of this event? Non-site consumption ❑Off-site (auction) Moth SECTION 7 Location of the Event THE HITCHING POST PIZZA PUB Address of Location 2341NAPACHETRAIL APACHE JUNCTION PINAL AZ 85119 Street City County/State Zip SE TON8 Will this be stacked with a wine festival/craft distiller festiva 17 ❑Yes []No SECTION Applica nt must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization na med in Section 1 (Authorizing signature is required in Section 13) 1. Applicant SPRINGER -------___JOSH __---__-GORDON­ 9-28-1966 Last First Middle Date of Birth 2 Applicant's mailing address. 578 S STARR RD APACHE JUCNTION AZ 85119 Stre et C ity Sta to Zip 3 Applicant's home/cell phone (480) 236-7050 Applicant's business phone (480) 236-7050 4 Applicant's email address USUALSUSPECTSMULOP@DGMAILCOM 10/17/14 Page 1 of 4 Individuals requiring ADA accommodations call(602)542-9027 SECTION 10 1 Ha s the a pplica nt been c onvicted of a felony, or ha d a liquor lic ense revoked within the last five (5) yea rs7 ❑Yes NNo (if yes,attach explanation) 2, How many Specia I event licenses have been issued to this location this year? 1--_------ (The number cannot exceed 12 events per year,exceptions under A R S §4-20302(D)) 3 Is the organization using the services ofa promoter or other person to manage the event? ❑Yes ❑No (If yes,attach a copyof the agreement) 4 List all people and organizations who will receive the proceeds Account for 100% of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales Attach an additionalpage If necessary Name THE USUAL SUSPECTS LEMC ARIZONA -- Perce nta ge 100 Address PO BOX 31742 MESA AZ 85275 Street City State Zip Na me -------- ----------------- Percentage Address Street City State Zip 5 Please read ARS §4-203.02 Spec ial event license, rulesandR19-1-205 Re auire me nts for a Spec jaI Eve ntLrcense Note.ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALC OHOLIC BEVERAGES HALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS_ OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE/C RAFT DISTILLERY FESTIVAL LIC ENSE" 6 What type of security and control measures will you take to prevent violations of liquor laws at thisevent7 (List type and number of police/security personnel and type of fencing or control barriers, rf a pplic a ble ) 2 ----- Number of Police 10 Number of Secunty Personnel Wencmg ❑Barriers ----- - 2 PAID UNIFORMED AZ POST CERTIFIED LAW ENFORCEMENT OFFICER Expla nation VOLUNTEERS FROM USUAL SUSPECTS LEMC CONSISTING OF ACTIVE AND RETIRED OFFICERS PAID ON SITE STAFF EMPLOYEES OF THE HITCHING POST PIZZA PUB SECTION 11 Date(s) and Hours of Event May not exceed 10 consecutive days See A RS §4-244(15)and (17) for legal hours of service. Date Da of Week Event Start License End Y Time AM/PM Time AM/PM DAY 1 1-15-2016 SATU RDAY 1000 H RS 2200 H RS DAY 2 DAY 3 DAY 4. DAY 5 DAY 6- DAY 7 DAY 8 DAY 9 DAY 10- 10/17/14 Page 2 of 4 Individuals requiring ADA accommodations call(602)542-9027 SECTION 13 This section is to be completed only by an Officer, Dire ctororChairperson of the organization named in Section 1 JOSH GORDON SPRINGER declare that I a m an 0 FFIC ER, DIRECTOR, or C HAIRPERSO N (Print full na me) appointing the applicant listed in Section 9,to apply on behalf of the foregoing organration for a Special Event Liquor Lice se - OFFICER/BOARDMEMBER �' � •- 480-236-7050 Xrregoing s to e) Tide/Position Da to Phone# Tnstrument was acknowledged before me this -----_—------------ _____-- Day Month Year State C ounty of---_-- ---_—__ My C o m m issio n Exp ire s o n __�---------- ------------------------- —---------------------- Da to Signature of Notary Public SECTION 14 This section is to be completed only by the a pplica nt named in Section 9 I JOSH GORDON SPRINGER + declare that I am the APPLICANT filing this application as (Print full na me) listed in Section 9 I have read the application and the contents and all statements are true, correct and complete BOARD MEMBER C _ -`5 480-236-7050 x (Signature Tide/Position Date Phone# The f regoing instrumentwas acknowledged before me this ; —k Day Month Year Sta to Lti, 's c OZ� C ou my of My Commission Expir( s on ---#j0TARlt-pU8L10._ ,..* Dal&TATE OF AFUZONA Signature of Notary Public POW Geuntf- The local governing bc dy uirAN �ti sto be completed and submitted. Please checkwith local government as tM ese applications to be submitted. Additional licensing fees may also be required before approval may be granted For more information, please contact your local jurisdiction httr)://www,azliciuor.gov/assets/­documents/­­homepacie docs/spec event links.odf SECTION 15LocalGoverning Body Approval Section --r-------_^__ ____________—_recommend ❑APPROVAL ❑ DISAPPROVAL (government offic is 1) (Title) onbe ha If of------------------ ------ ----------- --------- ---------- - (City,Town,County) Signature Date Phone FOR DEPARTMENT OF UOUOR LUC ENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY ---_—r--_ DATE ___-- __- 10/17/14 Page 4 of 4 Ind ividua Is requiring ADA a cc ommoda tions c a 11(602)542 9027 SECTION 12 License premises diagram. The licensed premises for your specia I event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license The following space is to be used to prepare a diagram of your special event licensed premises Please show dimensions, serving areas, fencing, barricades, orothercontrolmeasuresand security position NT 10/17/24 Pa ye 3 of 4 Individuals requiring ADA accommodations call(602)542-9027 �PP A HF Home of the Superstition Mountains q pNP October 1, 2015 Usual Suspects L.E.M.C. Arizona Chapter Attn. Josh Gordon Springer 578 S Starr Apache Junction, AZ 85119 Dear Mr. Springer Please be advised that your application for a Special Event Liquor License for the Usual Suspects L E.M C. Arizona Chapter for January 15, 2016 at 2341 North Apache Trail has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on October 20, 2015, 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. Atow If you have any questions concerning this matter, please contact my office at (480) 982-8002. Sincerely, 9 Kathleen Connelly City Clerk • Voice(480)982-8002 • FAX(480)982-7018•TDD(480)983-0095 • www aicity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 OCTOBER 1, 2015 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT BUILDING DIVISION THROUGH- KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS L E M C ARIZONA CHAPTER Mr Josh Gordon Springer has submitted an application for a Special Event Liquor License for January 15, 2016 at 2341 North Apache Trail, Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by Wednesday, October 7, in order for this item to be placed on the agenda for the City Council meeting of October 20, 2015. .... ... Janet Mason From: Dave Zellner Sent. Wednesday, October 07, 2015 11:28 AM To: Janet Mason; Rudy Esquivias,John Suniga(John suniga@sfmd az gov) Cc: Larry Kirch, Kathy Connelly Subject: RE. department recommendation for special event liquor license for the Usual Suspects for January 15, 2016 "^ The application for the January 15, 2016, special event liquor license did not contain any layout of the premises.While I understand that they want to use the same layout as the other application,without some attachment or other information to review I cannot make a recommendation, other than denial, on this application. Dave Zellner From: Janet Mason Sent: Wednesday, October 07, 2015 1121 AM To: Rudy Esquivias, Dave Zellner, John Suniga Oohn.suniga@sfmd.az.gov) Cc: Larry Kirch; Kathy Connelly Subject: department recommendation for special event liquor license for the Usual Suspects for January 15, 2016 1 have received your department recommendation for the special event liquor license for the Usual Suspects for January 15, 2016 This recommendation is due by noon today Please have your recommendation to me so that it may be included in the council meeting packet. Thanks. Jan Mason Deputy City Clerk City of Apache Junction i Janet Mason From: Rudy Esquivias Sent: Wednesday, October 07, 2015 1121 AM To- Janet Mason, Dave Zellner;Jeff Robinson; 'John Suniga oohn.surnga@sfmd az gov)' Cc: Anne Wenk; Denise Moulson, Larry Kirch Subject. RE- Application for a special event liquor license for the Usual Suspects L.E.M.0 Arizona Chapter -January 15, 2016 Jan: 'mk The Planning Division offers the same comments for the January 15, 2016, event by the Usual Suspects as we did for the November 21, 2015 event below. Thanks Rudy From: Rudy Esquivias Sent: Wednesday, October 07, 2015 11:10 AM To: Janet Mason, Dave Zellner; Jeff Robinson, John Suniga oohn.suniga@sfmd az gov) Cc: Anne Wenk, Denise Moulson; Larry Kirch Subject: RE: Application for a special event liquor license for the Usual Suspects L.E.M.C. Arizona Chapter Jan. The Planning Division has reviewed the application for the special event liquor license for this one-time special event on the B-1 (General Commercial)-zoned properties at the southeast corner area of E Lost Dutchman and N Apache Trail Although zoning does allow for this type of activity, we offer the following comments for the Council's consideration 1) The event will be held on a lot adjacent to and Just southwesterly of the Hitching Post,which is normally the site of the Hitching Post parking lot Although there is common ownership in these parcels, the owners have not combined the parcels and the Hitching Post has not permanently extended its premises. 2) Concert events have not been held on this parcel before and although there will be temporary fencing installed,,, we believe the elevated stage will be very visible from N. Apache Trail causing a "Looky Lou" traffic effect and concern We strongly suggest that the temporary chain link fence proposed around the concert area also contain view screening mesh material provided by the fence installer 3) Much of the parking for the event will be located on a property south of the Hitching Post which already contains a trucking business and an RV/boat storage business Mixing event day parking and storage lot uses is unusual, but the applicants do not believe there will be any security issues Although we have asked for it on previous occasions, we still have not received a scaled, professionally drawn site plan that shows how many parking spaces can be accommodated and traffic safely routed on the parcels surrounding the Hitching Post for these special events, especially in light of need for parking of hundreds of vehicles and the attendance of close to 1000 people 4) Traffic impact to surrounding residential areas should be kept to a minimum, but it appears that after-concert traffic will be routed into the residential neighborhoods to the east and southeast Police personnel will need to direct the traffic flow, as discussed with the applicants 5) The stage and amplified music will be pointed in a northwesterly direction, towards other commercial properties and undeveloped State and BLM lands, which should help mitigate noise impacts to the neighborhoods to the east t Amok .... 6) Concert event lighting should be directed away from traffic and residential properties, and should be shut off by IOpm 7) Applicants must provide for adequate security, sufficient porta-Johns, and pre-event watering down of all activity areas. Applicants stated they will provide at least 6 porta Johns. 8) Event day signage must not be placed in the right-of-way or obstruct vehicle or pedestrian traffic, and must be taken down immediately following the event 9) Parking and activity areas are to be watered down the day of the event for dust mitigation. 10) Applicants are to address any other safety,circulation and traffic issues with Public Safety and Public Works staffs Lastly, we note that the property owners did recently apply for a conditional use permit (CUP)to try and address these types of outdoor entertainment events in a comprehensive manner, but they withdrew their CUP request because of neighborhood opposition In one sense, with this plan they have tried to mitigate noise impacts to the residential neighborhoods to the east City staff will monitor the event to learn from it and make adjustments in the future if needed Ci"?g° icnulvico Senior Planner/Zoning Administrator City of Apache Junction 300 E Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 00am to 6:00pm, closed Fridays and Holidays ) From: Janet Mason Sent: Wednesday, September 30, 2015 10:45 AM To: Dave Zellner; Rudy Esquivias; Jeff Robinson, John Suniga (iohn.suniga(a)sfmd.az.gov) CC: Anne Wenk; Denise Moulson, Larry Kirch Subject: Application for a special event liquor license for the Usual Suspects L E.M C. Arizona Chapter •• I have received an application for a special event liquor license for the Usual Suspects to be held on November 21, 2015. Please have your department recommendations to me no later than Wednesday, October 7, so that this may be on the October 20 agenda. Thanks Jaw Ma4ow Deputy City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction, AZ 85119 (480)474-5068 imason@aicitv.net 2 Janet Mason From: Jeff Robinson Sent: Friday, October 02,2015 7.13 AM To: Janet Mason Cc: Thomas Kelly,Troy Mullender Subject: RE. Second special event liquor license request for Usual Suspects L E M C, this one for January 15, 2016 ..ft The police department has no objection to the Application For a Special Event Liquor License for Usual Suspects L E M L to be held at the Hitching Post on January 15, 2016 From:Janet Mason Sent:Thursday,October 01, 2015 4.50 PM To: Dave Zellner, Rudy Esquivias;Jeff Robinson;John Suniga (john.suniga@sfmd az gov) Cc:Anne Wenk; Denise Moulson; Larry Kirch Subject.Second special event liquor license request for Usual Suspects L E M C.,this one for January 15,2016 1 have received a second special event liquor license request for the Usual Suspects L E M C,this one for January 15, 2016 Please have your department recommendations tome no later than Wednesday,October 7 so that this one can also be on the October 20 agenda. Thanks ,Taw Ma4rnti Deputy City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 imason(@aicity net i Superstition Fire & Medical District 3700 E. 161"Avenue, Apache Junction, AZ 85119 4D Phone (480) 982-1299, Fax (480) 982-3268 www.sfnid az gov _ MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction 300 E Idaho Road Apache Jct,AZ 85219 FROM John Sumga,Deputy Fire Marshal DATE October 7, 2015 SUBJECT Application for Special Event Liquor License for 2341 N.Apache Trail The Superstition Fire/Medical District has reviewed the application as noted above regarding the facilities at 2341 N Apache Trail for an event to be held on January 15, 2016 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 982-1299 OMA Thank You ATTN• Application ... Kathy Connelly From. Anna McCray Sent. Thursday, October 15, 2015 5 00 PM To: Kathy Connelly, Bryant Powell, Matt Busby Subject: Fwd• Special Event and Tax Liablity Begin forwarded message From: Josh Springer<usualsuspectsmc floppa�,gmail com> Date: October 15, 2015 at 4.20.04 PM MST To: amccraygaicity net, imasonga,aicity net, awenkka aicity net Subject: Special Event and Tax Liablity I have spoken with our executive board and they wish to address the issues regarding the taxes that are supposedly due. Our Secretary/Treasurer has been given the documents received from Anne Wenk and he will investigate the tax issue and follow up We wish to formally withdraw our request for the Special Event we were planning in January. It is our desire to fulfill any tax obligation we have with the City of Apache Junction and The State of Arizona Thank you for your consideration. Sincerely, Josh Springer i REVISED 10/20/2015 ITEM NO. 11 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER TO BE HELD ON NOVEMBER 21, 2015, SUBMITTED BY JOSH SPRINGER, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL DUE TO UNRESOLVED SALES TAX ISSUES. ITEM NO. 12 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER TO BE HELD ON JANUARY 15, 2016, SUBMITTED BY JOSH SPRINGER,BE WITHDRAWN AS REQUESTED BY THE APPLICANT IN AN EMAIL FROM JOSH SPRINGER DATED OCTOBER 15, 2015 WE WILL TAKE NO FURTHER ACTION ON THIS APPLICATION. ROLL CALL VOTE 1 NOTES: AN NW A ITEM # 0 MEETING OF MOTION BY SECONDED BY. YES NO ABSTAINED VICE MAYOR BARKER / COUNCILMEMBER WALDRON V COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER SERDY MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 12 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR USUAL SUSPECTS LAW ENFORCEMENT MOTORCYCLE CLUB ARIZONA CHAPTER TO BE HELD ON JANUARY 15, 2016, SUBMITTED BY JOSH SPRINGER, BE RECOMMENDED FOR(APPROVAL)OR(DENIAL)TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL(OR) BE RECOMMENDED FOR APPROVAL WITH THE FOLLOWING CONDITIONS. CITY OF APACHE JUNCTION BOARDS AND COMMISSIONS TERM EXPIRES ADDRESS HOME PHONE WORK PHONE BOARD OF ADJUSTMENT (3 year terms of office—city residents only) James Burczewski 10-31-17 181 N. Winchester 85119 (562)225-2362 (mobile) jimmyxx67(a�aol com Jesse Gage 10-31-18 839 N Vista 85119 602-291-6552 jessegage(Daol com (Vacancy) 10-31-17 Jane Jones 10-31-18 2084 W 9th Avenue 85120 983-6247 (cell)436-3477 linatjones(a)-yahoo com Chester Burgess 10-31-16 P O Box 3880 85117 (765) 808-4466 (cell) ciburgess(a)aatds com John Dennis Booth 10-31-17 1401 W 13th Avenue 85120 371-7443 267-2194 John booth(a)-mchsi.com Willie Howard 10-31-16 825 W 15th Lane 85120 288-6645 531-2472 Williehwrd825(a-)g mail.com CONSTRUCTION CODE BOARD OF APPEALS (2 year terms of office—nonresidents allowed, but must be in sphere of influence) Professional Architect or Engineer: Michael Frank 10-31-16 1590 W. Wells Fargo 85120 980-2475 Michael(c),reavisfallscontracting com General Contractor- (Vacancy) 10-31-15 Contractor other than General Contractor. Dallas Dewey 10-31-16 2758 W McKellips 85120 982-4523 (cell)721-3471 dallasddewey(6vahoo com John Ford 10-31-15 5484 E 36'h Avenue 85119 983-6776 983-6776 (no email address) Lay Person: Kenneth Wright 10-31-16 267 E Saddle Butte 85119 288-6105 499-3680 ken(o)_azwnghts.com Chester Burgess 10-31-15 116 S Vista Road 85120 765-808-4466 (cell) cjburgess(aaatds.com HEALTH AND HUMAN SERVICES COMMISSION (three year terms of office—nonresidents allowed, but must be in sphere of influence) Ed Barker 10-31-17 860 S Saguaro 85120 982-0634 982-6397 eba rke r(cDai news com Randy Mullen** 10-31-15 3248 S Chaparral 85119 671-9747 603-5922 rwmullena-yahoo.com Judy Borey 10-31-16 461 W. Apache Trail 85120 699-0569 (cell)239-0651 Judyboreya-gmail com Jodene Weeter* 10-31-15 1116 S Grand 85120 350-3079 (cell) 270-9361 lensenweeter(a.cs com Georgiana Elias 10-31-17 5359 E Broadway 85119 354-5158 321-4311 georgie nurse ccDyahoo.com *Chairman **Vice Chairman Page 1 of 3 1011312015 TERM EXPIRES ADDRESS HOME PHONE WORK PHONE INDUSTRIAL DEVELOPMENT AUTHORITY (six year terms of office—city residents only) Jane Jones-Denney 10-31-15 2084 W 9th Avenue 85120 983-6247 436-3477(cell) linailones yahoo com Jeff Struble 10-31-15 953 S Warner 85120 694-5100 694-5100 ieff(5)rhinodreams com Harvey Clark 10-31-16 1321 S Lawther Drive 85120 883-2666(fax) 203-841-7666 ibcamp08Ca�yahoo com (vacancy) 10-31-20 (vacancy) 10-31-20 Luciano Buzzin 10-31-16 3355 S. Cortez#35 85119 374-4023 Lbuzzin .mchsi.com Rudolph Tameron 10-31-20 3899 S. Wickiup 85119 982-6890 516-3539 RGTameron(o7gmail com LIBRARY BOARD (three year terms of office—city residents only) Randy Mullen 10-31-17 3248 S Chaparral Rd 85119 671-9747 603-5922 rwmullen(aDyahoo.com Robert Mayo 10-31-17 3700 S Ironwood Drive#124 85120 982-5698 (cell) 334-0761 Bmayo46490(a)msn com Chester Burgess 10-31-18 P 0 Box 3880 85117 (765)808-4466 ciburgess(cilaatds.com Loretta Nielsen** 10-31-18 2540 W Hawks Eye Ave 85120 983-4199 (cell) 602-400-6010 dopplebok(a)att.net Theresa Nesser 10-31-16 1511 S Cactus Rd 85119 982-1403 trueharWj(a yahoo com Judy Borey 10-31-16 461 W Apache Trail 85120 699-0569 239-0651 Judyborey(o?gmail com Rhonda Jackson 10-31-16 P 0 Box 3963 85117 288-4031 apachejunctionjack(a�yahoo com MUNICIPAL PROPERTY CORPORATION BOARD MEMBERS AND STATUTORY AGENT (FOR INFO. ONLY) (three year terms of office—city residents only) Jeff Struble 10-31-17 953 S Warner 85120 694-5100 694-5100 Jeff anrhinodreams com Wayne Standage* 10-31-15 1920 E. 20th Avenue 85119 982-1051 Email not for public use Michael Weller** 10-31-17 471 W 21stAvenue 85120 980-1685 983-5674 mwweller(a�davisp.com Ed Barker 10-31-16 860 S Saguaro 85120 982-0634 982-6397 ebarker(a)al news.com Jodene Weeter 10-31-16 1116 S Grand 85120 350-3079 (cell) 270-9361 iensenweeter(c!�cs com Scott W Ruby c/o Gust Rosenfeld P L C 201 E Washington Street, Suite 800 Phoenix, AZ 85004-2327 *Chairman **Vice Chairman Page 2 of 3 1011312015 TERM EXPIRES ADDRESS HOME PHONE WORK PHONE PARKS AND RECREATION COMMISSION (three year terms of office—city residents only) Jesse Gage 10-31-17 839 N. Vista 85119 602-291-6552 jessegage(a�aol com Willie Howard 10-31-18 825 W 15th Avenue 85120 288-6645 531-2472 Will iehwrd825c@-gmail.com Theresa Nesser* 10-31-18 1511 S Cactus Rd 85119 982-1403 truehart4a,yahoo.com Wayne Standage, Jr** 10-31-18 1920 E 20th Avenue 85119 982-1051 Email not for public use Mona Barton 10-31-16 1264 S Palo Verde 85120 671-1345 982-1110 x2314 russellbarton232a-yahoo.com Judy Borey 10-31-16 461 W Apache Trail 85120 699-0569 239-0651 Judyborey(a),gmail.com Mant Runyon 10-31-17 403 E Osage 85119 983-0292 474-3964 mantrunyon(o-)g mail.com PLANNING AND ZONING COMMISSION (three year terms of office—city residents only) Luciano Buzzin 10-31-17 3355 S Cortez Rd #35 85119 374-4023 Lbuzzin(o.mchsi.com Peter Heck 10-31-17 1390 N San Marcos 85120 254-8883 983-5047 rock3006(cilhotmail.com Pat Richmond 10-31-17 3080 W 16th Avenue 85120 982-0781 (no email address) Michael Frank 10-31-18 1590 W Wells Fargo 85120 980-2475(mobile) michaelareavisfallscontracting com Colleen Hill ** 10-31-16 1615 W Mockingbird St 85120 623-399-2994 colleen h1112009(o)hotmail com Robert Schroeder 10-31-16 1961 E 36th Avenue 85119 671-0833 253-7297 Servicea3phasemech com Theresa Nesser* 10-31-18 1511 S. Cactus Rd 85120 982-1403 truehart4 ahoo com PUBLIC SAFETY PERSONNEL RETIREMENT BOARD (four year terms of office—city residents only) Mayor Insalaco* 1-1-17 300 E Superstition Blvd 85119 982-8002 Carl Halperin 10-31-18 (Police Department Rep ) Clyde Allison 10-31-16 (Police Department Rep ) Jodene Weeter 10-31-18 1116 S Grand 85120 350-3079 (cell)270-9361 jensenweetera-cs.com Tom James 10-31-16 P 0 Box 8564 85178 288-2716 chiefandlolly(a-)msn com SUPERSTITION MOUNTAINS COMMUNITY FACILITIES DISTRICT NO 1 (six year terms of office—must be property owner of no more than 40 acres Kathleen Waldron 7-7-2020 P 0 Box 4284 85178 Patricia Richmond 7-7-2016 3080 W 16th Avenue 85120 982-0781 Anthony Bowler 7-7-2016 1124 W 3rd Avenue 85120 710-1150 710-1150 Steven McDaniel 7-7-2016 1666 S Lawson Drive 85120 602-796-1629 789-2753 Jeff Struble 7-7-2020 953 S. Warner 85120 694-5100 694-5100 *Chairman **Vice Chairman Page 3 of 3 1011312015 ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI COUNCILMEMBER EVANS COUNCILMEMBER WILSON COUNCILMEMBER WALDRON VICE MAYOR BARKER l MAYOR INSALACO UNANI US IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING O. i MOTION BY -1 SECONDED BY YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON VICE MAYOR BARKER COUNCILMEMBER SERDY COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETIN F MOTION BY SECONDED BY F- YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI VICE MAYOR BARKER COUNCLMEMBEREVANS MAYOR INSALACO I UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: i I ITEM # MEETING OF MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY: SECONDED BY: � YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY L VICE MAYOR BARKER COUNCILMEMBER WILSON COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOUS ' IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY- O SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI COUNCILMEMBER EVANS COUNCILMEMBER WILSON / COUNCILMEMBER WALDRON r/ VICE MAYOR BARKER ✓� MAYOR INSALACO UNANIM S IN FAVOR OPPOSED ABSTAINED TOTAL L' ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY. �I,�'" " SECONDED BY YES NO ABSTAINED VICE MAYOR BARKER 4 COUNCILMEMBER WALDRON Ll// COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL -T ... City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No. 13. File ID: 15423 Sponsor. Kathy Connelly Agenda Date- 10/20/2015 Index- Local/State/Federal Statutory Requirement in Control City Council Meeting Annual appointments/reappointments to the Construction Code Board of Appeals, Health and Human Services Commission, Industrial Development Authority and Municipal Property Corporation Council Interviewed the applicants at the October 19 work session and has the opportunity to fill the positions at this meeting Attachments City of Apache Junction,Arizona Page 1 Printed on 10/1212015 OCTOBER 5, 2015 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 OCTOBER 20, 2015 (BOARD & COMMISSION APPOINTMENTS & REAPPOINTMENTS) The council interviewed new applicants and reappointees for board and commission appointments at the work session of October 19, 2015. Copies of talent bank applications for current board and commission members wishing to be reappointed and new applicants were given to council in an accompanying notebook. Included in the notebook was an updated version of the board and commission list showing current vacancies and term expiration dates You may choose to fill any or none of these vacancies from the pool of applicants Please contact me if you have need additional information. ITEM NO. 13 CONSTRUCTION CODE BOARD OF APPEALS (4 POSITIONS) I MOVE THAT BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE PROFESSIONAL ARCHITECT OR ENGINEER POSITION FOR A TERM TO EXPIRE ON OCTOBER 31, 2016. 1 MOVE THAT BE APPOINTED TO THE CONSTRUCTION CODE BO OF APPEALS IN THE GENERAL CONTRACTOR POSITION FOR A TERM TO XPIRE OCTOBER 31, 2017. lookk I MOVE THAT BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE CONTRACTOR OTHER THAN A GENERAL CONTRACTOR POSITION FOR TERM TO EXPIRE OCTOBER 31,2017 I MOVE THAT 6keBE(APPOINTED) OR(REAPPOINTED) TO THE CONSTRUCTION CO E BOARD OF APPEALS IN THE LAY PERSON CATEGORY FOR A TERM TO EXPIRE OCTOBER 31, 2017. /! .� ,,^ HEALTH AND HUMA SERtl� E S COMMISSION (2 POSITIONS) I MOVE THAT BE (APPOINTED) OR(REAPPOINTED) TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE ON OCTOBER 31, 2018 I MOVE THAT BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE ON OCTOBER 31, 2018 INDUSTRIAL DEVELOPMENT AUTHORITY (4 POSITIONS) I MOVE THAT BE(APPOINTED) OR(REAPPOINTED) TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE ON OCTOBER 31, 2021. I MOVE THAT BE APPOINTED TO THE INDUSTRIAL lommkk DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE ON OCTOBER 31,2021 I MOVE THAT BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE ON OCTOBER 31, 2020 I MOVE THAT BE APPOINTED TO THE INDUSTRIAL DEVELOPMENT AUTHORITY FOR A TERM TO EXPIRE ON OCTOBER 31, 2020. .� "` MUNICIPAL PROPERTY CO ION (1 POSITION) I MOVE THAT BE(APPOINTED) OR(REAPPOINTED) TO THE MUNICIPAL PROPER Y CORPORATION FOR A TERM TO EXPIRE OCTOBER 31, 2018. ROLL CALL VOTE NOTES: I ITEM # MEETING O VA I MOTION BY SECONDED BY: (�w YES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER SERDY MAYOR INSALACO UNANIMO PS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 11-12 I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P.M., AND A WORK SESSION AT 7.00 P.M., BE HELD ON MONDAY, NOVEMBER 2, 2015, 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, NOVEMBER 3, 2015, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M. ROLL CALL WS: REG t SPEC CITY COUNCIL: P I A P / A P A MAYOR INSALACO VICE MAYOR BARKER v/ COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER SERDY V� COUNCILMEMBER WALDRON COUNCILMEMBER WILSON TOTAL CITY STAFF: C Cl Q �� CityManager Bryant Powell t� Assistant City Manager Matt BusbyL/ City Clerk Kathleen Connell City Attorney Joel Stern Public Safety Director Tom / Kell v Public Works Director Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts City Engineer Emile Schmid Development Svcs Director Larry Kirch Human Resources Director Liz Rile t, Assistant to the City Manager OTHERS: /