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2013 03.05 City Council Regular Agenda
PLEASE FILL OUT A"R" "EST TO SPEAK"FORM IF YOU WISH TO AD^SS THE COUNCIL AT CALL TO THE PUBLIC OR ON ANY NON-PUBLIC HEARIN.,, ITEM. la. = City of Apache Junction z Nome of the Superstition Mountains '' no APACHE JUNCTION CITY COUNCIL CITY COUNCIL CHAMBERS 300 EAST SUPERSTITION BOULEVARD APACHE JUNCTION,ARIZONA 85219 REGULAR MEETING AGENDA March 5, 2013 7:00 PM A CALL TO ORDER. B. INVOCATION AND PLEDGE OF ALLEGIANCE. c ROLL CALL. D CONSENT AGENDA. The Council may,at this time,take single action on any or all items listed as consent agenda items These items may include,but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The Consent Agenda is a timesaving device of which the Mayor and City Council is to receive documentation on these items from the City Manager for their review prior to the meeting Any member of the Council may remove any item from the Consent Agenda for discussion and cause a separate vote on the matter later in the agenda 1. Acceptance of Agenda. 2 Approval of Minutes of Regular Meeting of February 19, 2013 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 3 PRESENTATION AND DISCUSSION ON CURRENT STATE LEGISLATION. Staff will give an update on current state legislation that may effect local government 4 INTRODUCTION AND DISCUSSION WITH ELECTED REPRESENTATIVES OF STATE LEGISLATIVE DISTRICT 16. Senator Rich Crandall and Representatives Kelly Townsend and Doug Coleman have been invited to introduce themselves to the city council and discuss legislative items of importance to the City of Apache Junction. 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 5 MANAGER'S REPORT H PUBLIC HEARINGS. Public hearings required by applicable law shall be conducted by the Council and any person shall be given the opportunity to speak All remarks shall be addressed to the Councia whole and not to any member thereof Such r4" ks shall be limited to five(5) minutes unless additional time is granted by the Mayor Thi.rime limitation shall not apply to applicants and thy,.. agents appearing before the Council. 6 APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC LOCATED AT 2341 NORTH APACHE TRAIL(CONTINUED FROM FEBRUARY 5,2013). This item was continued from the February 5,2013 regular meeting at the request of the council This application is for a permanent extension of premises in order to serve liquor near a new bull riding arena proposed for the location 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 previo 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 7 DISCUSSION WITH MEHMOOD MOHIUDDIN AND DECISION ON A PROPOSED SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND OWNERS OF HITCHING POST AND DASH IN PROPERTY. On February 18,2009,the city entered into an economic development agreement with Mehmood Mohiuddin,which included provisions for a restaurant to be constructed next to the existing convenience market at the southeast corner of Lost Dutchman Boulevard and State Route 88 The parties first amended the development agreement on May 8,2009, related to occupancy certification due to landscaping and parking barricade requirements Mehmood Mohiuddin,owner of the Dash In Mini Mart and Hitching Post Restaurant, has requested a second amendment to the agreement in order to expand the development to include a bull riding arena and related activities on the property 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 8 DISCUSSION AND CONSIDERATION OF APPOINTMENT OF DEPUTY CITY MAGISTRATE. Consideration of the appointment of Paula Burgess as deputy city magistrate for a term ending January 15,2015 K. COUNCIL DIRECTION TO STAFF. This item allows the Mayor and City Council to direct staff on specifically listed matters None. ,..� L SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES: 9 EXECUTIVE SESSION AT 5.45 P M. AND WORK SESSION AT 7.00 P.M. FOR MONDAY, MARCH 18,2013. 10 EXECUTIVE SESSION AT 5:45 P.M. FOR TUESDAY, MARCH 19, 2013 OTHER MEETINGS IF NECESSARY. M. CALL TO PUBLIC. At this time the public has the privilege to address the Council with requests,communications,comments or suggestions relating to City business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the City Clerk no later than the conclusion of the City Manager's Report portion of the agenda If there is a group speaking on the same item,they should select a spokesperson All such remarks shall be addressed to the Council as a whole and not to any member thereof The Mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The Council may not answer questions of the speaker,discuss the matter with one another,but may,at the conclusion 1) respond to criticism by a speaker,2) ask the City Manager to review a matter,3)ask the City Manager to place the matter on a future agenda Each speaker must approach the podium,speak into the microphone,provide their name and address There is a three(3) minute time limit per speaker. N ADJOURNMENT. Copies of this agenda and atonal information regarding any of the items liste^ove may be obtained from the City Clerk's office 300 East Superstition Boulevard,Apache Junction,AZ Monday through Thursdays,7 OOa—6 00p, excluding holidays If any person with a disability needs any type of accommodation,please notify the Human Resources Office,at (480)474-2617 or(480) 983-0095(TDD)at least 72 hours prior to the scheduled time CITY COUNCIL REGULAR MEETING FEBRUARY 19, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on February 19, 2013, at the Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 : 00 p.m. INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present : Mayor Insalaco Vice Mayor Dietz Councilmember Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present : City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Jerald Monahan Assistant to the City Manager Matt Busby Others Present : Business Advocate Janine Solley Deputy Police Chief Tom Kelly Community Relations Manager Pat Brenner REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2013 PAGE 1 OF 7 r Assistant City Attorney Eric Yuva Revenue Development Manager Roger Hacker ACCEPTANCE OF CONSENT AGENDA Vice Mayor Dietz MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE EMPLOYMENT AGREEMENT WITH THE .� CITY ATTORNEY EFFECTIVE FEBRUARY 24, 2013; AND THAT RESOLUTION NO. 13-02, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DESIGNATING POLLING PLACES AND VOTING DISTRICTS AND THE TIMES THAT SUCH POLLS WILL BE OPEN; APPOINTING ELECTION OFFICIALS AND FIXING THEIR RATE OF COMPENSATION, BE APPROVED. Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Revenue Development Manager Roger Hacker introduced Wayne Standage, vice president of Friends of Apache Junction, who, along with Jim Lamb of Golden Sun Recreational Vehicle Resort' s Activities Department, presented Superstition Search and Rescue with a check for $1, 000 . Community Relations Manager Pat Brenner gave a video presentation on Home Rule Option that is also showing on the cable channel. ANNOUNCEMENT OF CURRENT EVENTS Mayor Insalaco welcomed Boy Scout Troop #380 from Mesa. Councilmember Wilson announced two weekends ago they had the Arizona Driving Team Competition at the rodeo grounds with 37 REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2013 PAGE 2 OF 7 oft, Aw participants, one from as far away as Alberta, Canada. They really enjoyed it and will be passing the word back home. Councilmember Serdy commented he went this week to the Barleen show and encouraged everyone to attend a show. Councilmember Barker thanked the parks and recreation department for another great marathon this weekend. Mayor Insalaco commented he has been to every one of the house blessings for Habitat for Humanity, along with building some of them. Last week Tuesday three families' homes on one circle were completed; they were sponsored by the county and the city. It has turned a blighted area into a little community. Rosalie Gomez of the Gomez family wrote a letter and he requested County Supervisor Clark Smithson to read the letter. Pinal County Supervisor Clark Smithson read the letter from Rosalie Gomez on the building of their home . CITY MANAGER' S REPORT City Manager George Hoffman announced Congressman Paul Gosar will have a listening session in the city council chambers on February 21 and there will be a spring fling event March 23 on Hidalgo Street by the Mining Camp, read complimentary emails regarding Business Advocate Janine Solley and Pat who works at the multi-gen center, positive comments passed along from Revenue Development Manager Roger Hacker that originated from a top county administrator from Minnesota regarding the city campus, and publicly thanked Chief Monahan for his service to �► the community. Assistant to the City Manager Matt Busby gave an update on legislative issues . City Manager George Hoffman commented our chamber of commerce is a part of the East Valley Chambers of Commerce Alliance made up of 7 chambers . They and the Queen Creek Chamber of Commerce spoke up in support of the cities' concerns and requested they be taken into account . Because of the expression of concern from several chamber members, the committee did not make a recommendation on this matter. He appreciated the chamber REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2013 PAGE 3 OF 7 looking at all sides of the issue and speaking in support of the cities . City Attorney Joel Stern introduced Assistant City Attorney Eric Yuva. PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT ice. LIQUOR LICENSE FOR THE BOYS AND GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH FOR A FUNDRAISING EVENT ON APRIL 27, 2013) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms. Sandie Smith, representing the boys and girls club, addressed the council . She stated she will be back with tickets and their theme is pirates . It is the second year at Dolce Vita . 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 THE BOYS AND GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH FOR APRIL 27, 2013, SUBMITTED BY LAURIE ARMSTRONG, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Dietz SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2013 PAGE 4 OF 7 OLD BUSINESS QUARTERLY UPDATE ON THE DOWNTOWN REDEVELOPMENT AND IMPLEMENTATION STRATEGY ) Assistant City Manager Bryant Powell briefed the council on the item. i►. Councilmember Barker commented she would like to address the policy on the marquee sign. We have a lot of nonprofits with worthy events occurring that should definitely be getting out to the community. NEW BUSINESS None. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Dietz MOVED THAT AN EXECUTIVE SESSION AT 5 : 45 P.M. AND A WORK SESSION AT 7 : 00 P.M. BE HELD ON MONDAY, MARCH 4, 2013, 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, MARCH 5, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. A'` Councilmember Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Mr. Jerald Monahan, 897 S . Phelps Drive, Apache Junction, addressed the council to acknowledge what his years of service REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2013 PAGE 5 OF 7 to the city meant to him and to thank the council and staff for their support and encouragement. ADJOURNMENT Mayor Insalaco adjourned the meeting at 8 : 04 p.m. Consent Agenda Items are as follows: 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of February 5, 2013 . 3 . Consideration of employment agreement with city attorney effective February 24 , 2013. 4 . Consideration of Resolution No. 13-02, designating polling places and voting districts; appointing election boards and fixing their rate of compensation. ACCEPTED THIS 5TH DAY OF MARCH, 2013, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 5TH DAY OF MARCH, 2013 . JOHN S. INSALACO Mayor ATTEST: �. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2013 PAGE 6 OF 7 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 19th day of March, 2013 . I further certify that the meeting was duly called and held and that a quorum was present . Dated this 21st day of February, 2013 . KATHLEEN CONNELLY v City Clerk REGULAR MEETING OF THE CITY COUNCIL FEBRUARY 19, 2013 PAGE 7 OF 7 oak '` ROLL CAL VOTE n y ) /1 ( .) \(1 NOTES: ' 0\ • )1,1/1 i k ,0,) 0\ r eii AO , 0 a I ITEM # I /i t Ki ° MEETING OF tAil, U, 0 MOTION BY• SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON V COUNCILMEMBER SERDY v COUNCILMEMBER WALDRON V VICE MAYOR DIETZ V COUNCILMEMBER BARKER 1/ COUNCLMEMBER EVANS MAYOR INSALACO .p• UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL CONSENT AGENDA ITEMS NO. 1-2 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. i City of Apache Junction Home of the Superstition Mountains Print TO: City Manager's Office FROM: Matt Busby, Assistant to the City Manager DATE: March 5, 2013 Agenda Type : Regular Agenda Council Priority Focus Area. TITLE OF AGENDA ITEM: PRESENTATION AND DISCUSSION ON CURRENT STATE LEGISLATION ACTION REQUESTED. Presentation and Discussion DISCUSSION/ BACKGROUND INFORMATION: Staff will give an update on current state legislation that may effect local government FISCAL IMPACT: OPTIONS/ALTERNATIVES. RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available 'rL -44 4o City of Apache Junction z Home of the .ruper:rtition Mountains '.PtzoN Print TO: City Manager's Office FROM: Matt Busby, Assistant to the City Manager DATE: March 5, 2013 agenda Type : Regular Agenda Council Priority Focus Area: TITLE OF AGENDA ITEM: INTRODUCTION AND DISCUSSION WITH ELECTED REPRESENTATIVES OF STATE LEGISLATIVE DISTRICT 16 ACTION REQUESTED: Presentation and Discussion DISCUSSION / BACKGROUND INFORMATION: Senator Rich Crandall and Representatives Kelly Townsend and Doug Coleman have been invited to introduce themselves to the city council and discuss legislative items of importance to the City of Apache Junction FISCAL IMPACT: Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available ACH oft. r Cif of Apache Junction Home of the Su erstitron Mountains Zpl~ Print TO: City Manager's Office FROM: George Hoffman, City Manager DATE: March 5, 2013 Agenda Type : Regular Agenda Council Priority Focus Area- TITLE OF AGENDA ITEM MANAGER'S REPORT ACTION REQUESTED: DISCUSSION/ BACKGROUND INFORMATION: FISCAL IMPACT. OPTIONS/ALTERNATIVES RECOMMENDATION: ATTACHMENTS: Click to download No Attachments Available • PUBLIC HEARING ioffsN 1. For APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC 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. opACH _ �' Gy of A ache Juncdon U Home of the Superstition Mountains ' PZOO' M Print TO. City Manager's Office FROM: Kathy Connelly, City Clerk DATE• March 5,2013 genda Type . Regular Agenda L'ouncil Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM• APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC LOCATED AT 2341 NORTH APACHE TRAIL(CONTINUED FROM FEBRUARY 5,2013) ACTION REQUESTED. No Recommendation DISCUSSION/BACKGROUND INFORMATION: This item was continued from the February 5, 2013 regular meeting at the request of the council This application is for a permanent extension of premises in order to serve liquor near a new bull riding arena proposed for the location. 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 FISCAL IMPACT. OPTIONS/ALTERNATIVES. .tECOMMENDATION: ATTACHMENTS. Click to download ❑ cover memo ❑ undated diagarm D Ruehl letter D original eover memo ❑ application t] applicant letter D department memo ❑ planning recommendation ❑ planning recommendation additional information D police recommendation ❑ fire district recommendation D Hitching Post Kunkle Info FEBRUARY 21, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE R. HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JANET R. MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR MARCH 5, 2013: APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING PC)ST LLC (CONTINUED FROM FEBRUARY 5, 2013) At the request of the council, this item was continued from February 5, 2013 so it could be heard at the same meeting with the proposed development agreement regarding the bull riding arena. At the February 5 regular meeting, council by motion requested the developer provide letters from the Arizona Department of Transportation and Arizona Department of Environmental Quality so that they are sure that they have cleared both of their areas, that they provide a lease letter from the Elks, and that they provide a diagram that actually shows the dimensions and is more explanatory than what was first provided The applicant has provided a more detailed map than was previously attached to this application. A letter from Cyndi Ruehl regarding the expansion was previously distributed to the council That letter has been included in this packet for your convenience. The packet material from the February 5 meeting is also 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 Arizona Department of Liquor Licenses and Control k 41 nett»,(ttMILINRt MP r!) L. . NI..NI•.,••••It***I.•lui NI...C.Mt YI /��t •t.Y lTt,lYI,I;IPY xA[a,.!.titnui _ [S}lPlit~+ • y6L. • ANll,e MO,v+Nrnnrv+pr. N�� ��// t pAp ,e�nNlu �..� ...'F w.rW M1 �n.YrmL `.LlxRxIM1YYt AP,.'.IFtItNAY.M.M , ` 2 It V tu•Y.tA n,rftla•NM//// ; MNl.NII Al'.rrr IL . *Pro N..1ruRAPP 1.Trt•itr A P.nevi LxNAiAfI�fL // !IIM1v i1VPIIMP .1�4 u,t.urla,[/ .rwa 0/ f Urn.It•r r. t ifNMu /J _ � 1 /z kg,*lioldS•111A ---"_ Z /, /.ef,11 L1MtUi.rNLM 41A1' �LI V//..NN�1��1 � .Mr.IM1 a1gMY1MMWnR / . C • V!U.{rLAL YLt Vt11WA:,url L�CC CCI Q Ct. ' ^Nln. .o,n.•l t41111111b i A C i r.. {AJ n••01” MIM•Nttr, _ Cr,. N f N1.M[i J • ...tr.'Ti.lNnl r.l•,. / I Al•MP • ' Nxw1.lrvr-w.T••••• / N N. ,,1...1.. e a1 � J� N, /1 1 Ea "J 1 i .1 'xx/.r,.r l6r ` t.N rxt11M..!["JAY.,.±Orr `Mt,11 1rr.lr T "4 SI iE FLAN a a —,tr....r Nu,llo 0,1 ) Dear Apache Junction City Council, I am a long time resident of the foothills off Hwy 88. Hwy 88 is the only artery out of this area, so my neighbors and I travel it daily . I am utterly distraught and frightened by the Hitching Post's proposal to expand and add a bull riding arena at their business at Lost Dutchman and Hwy 88 Please note that there are 5 bars within 3 - miles of that stretch of Hwy.88 Add to that the excessive traffic for the Superstition Museum, Canyon Lake, Goldfield Ghost town, mix in winter visitors and quadrupled cyclists and Hwy 88 has become a death trap. Within the last 4 months two of my neighbors have had near fatal car accidents on Hwy. 88 in this 3 mile stretch (one of them did result in a fatality of a teenager on Thanksgiving Day) It has become an unmanaged and unsafe highway, as ADOT does not seem to want to require safe turnoffs for the bars and the museum along that road. Traffic exiting and entering Hwy 88 from thn Hitching Post is already terrifying. To increase this traffic, especially from a bar, and even with a slow down exit lane, would be a horrific mistake. I understand the city wants to attract and retain businesses, but certainly not at the expense of resident safety and life. Every day I have to look at the Hitching Post owner's interpretation of the city's landscape requirement. The planters are despicable, embarrassing, depressing and are an obvious slap in the face to the city and his neighbors I do not appreciate him as my neighbor on any level. His business is an eyesore, and a slum Please do not allow expansion of more degradation Sincerely, Cyndi Ruehl 2650 N. Prospector Rd Apache Jct., AZ 85119 JANUARY 17, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH- GEORGE R. HOFFMAN, CITY MANAGER THROUGH- KATHLEEN CONNELLY, CITY CLERK FROM JANET R. MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR FEBRUARY 5, 2013 APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC An application for an permanent extension of premises has been submitted by Mr. Mehmood Mohiuddin for Hitching Post LLC located at 2341 N Apache Trail in Apache Junction. Correspondence has been received from Police Department, Fire District and Planning Division, a copy of which is attached Please note the correspondence from the Planning Division and the Police Department Senior Planner Rudy Esquivias stated there were some issues that need to be addressed regarding parking. lieutenant Jeff Robinson is concerned with a variety of safety issues that he has identified and therefore recommends denial The applicant has been advised of all of these issues A copy of the police department's recommendation was mailed to the applicant and Senior Planner Rudy Esquivias emailed his information to the applicant 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 KC/jrm ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th`Floor Phoenix AZ 85007-2934 Date payment recerved www.azliquorgov (602)542=5141 CSR tnftiais APPLICATION FOR EXTENSION OF PREMISES/PATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE'DEPARTMENT OF UQUOR sailPermanent change of area of service A non-refundable$50 fee will apply. Specific purpose for change OPAL,iti'A fuLi_ e,)1,'/t16 A47,i,04 Temporary change for date(s)of_/ / through / / List specific purpose for change I 1. Licensee's Name \A AA\V. \\\ �( C a `` tt VI* '\ Fkat oA L- N� Miome V J k\ok 2 Mailing Address �1� �GC � ('� ��� State Lp 3 Business Name \ (\-\\'n LThA)c-I\V � C.._ 4 Business Address. R�L\\ LI ENS 7 ` � cdu s \ '\( -S\\c 5 Business Phone L C?'7) - )3 O� Residence Phone(1.0 C 2 \Lk b(..z.. _ 6 Do you understand Arizona Liquor Laws and Regulations?a4 YES❑NO Fax# ( y e- - Lc�S t..a 7 Have you received approved Liquor Law Training?0 NO 5iYES If so,when does your Certificate expire? / / 8 What security precautions will be taken to prevent liquor violations in the extended area? SCC L'I r ry a' rc,,L�'JJ /n` 9. Does this extension bring your premises within 300 feet of a church or school? EYES tg NO 10 IMPORTANT ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD ❑Barrier Exemption an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested Barrier exemptions are granted based on public safety,pedestnan traffic,and other factors unique to a licensed premises List specific reasons for exemption Investigation Recommendation C Approval ❑Disapproval by Date ___I /_ Amok ""After completing sections 1-10,please take this application to your local Board of Supervisors City Council or Designate for their recommendation. This recommendation is not binding on the Department of Liquor. This change in premises is RECOMMENDED by the local Board of Supervisors,City Council or Designate (Authorized Signature) ` (Title) (Agency) `� �I, 1 1 \c`(\C O V\0\\U.�1l ,\{\ . being first duly sworn upon oath, hereby depose,swear and declare, (Print full name) under penalty of perjury, that m the APPLICANT making the foregoin application I have read this application and the contents and all statements are tru , and complete State of \\ LiD(\Sl County of N*(\{Q X PRESENCE AND SWORN TO before date / I�L�C ig of Owner or Agent) ' .:..� S A1EUF Aft/ZQ� 0\ 2.G �3 t ," ,,ydpQp. Month Y� My commission expires on12.1.0...4.1.3 !•;��' TINA M•LOVE W V CXVt t1N ��+0"�_---- ►gnature of NOTARY PUBLIC) --_ "Investigation Recommendation 0 Approval [] Disapproval by' Date / /___ Director Signature required for Disapprovals Date / / 12/26/2012 *Disabled individuals requiring special accommodation,please call the Department(602)542-9027 ( ........ k ' 1 _iw6 / --,. k, 1 91)9/0.2iiiti / ...... _______ 111 1 Jii-L---J7i 9 OP 4 :: OS - i\l/ i -____ ____ _ - li C 'i 3 7T f (f )/! ILI7(1�� ,'`''--1 i �( dtv 1 AN Irak Am.. .P F rit- - /� � _ y � %ram. vioip Home of the Superstition Mountains 4 P January 8, 2013 Mehmood Mohiuddin Hitching Post LLC 2341 N. Apache Trail Apache Junction, AZ 85120 Dear Mr Mohiuddin Re Application for Permanent Extension of Premises/Patio Permit for Liquor License Please be advised that your application for Extension of Premises/Patio Permit permanent change of area of service for the liquor license for Hitching Post LLC has been scheduled for a public hearing. The public hearing will be at the Apache Junction City Council regular meeting on February 5, 2013, at 7 00 p m , at the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. ...k It is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter, please contact my office at 982-8002 Sincerely, 7/of-774-Z277,,,t--14...e-e-1Z4- Y Kathleen Connelly City Clerk •Vouc(480)982-8002 -FAX(480)982-7018 •TDD(480)983-0095•www ajcrty net 300£ Superstition Boulevard, Apache Junction.AZ 85119 JANUARY 8, 2013 MEMORANDUM TO. DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH. KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC Mr. Mehmood Mohiuddin submitted an application for a permanent extension of premises for Hitching Post LLC located at 2341 North Apache Trail, Apache Junction, Arizona Please conduct the necessary inspections and submit your recommendation by Wednesday, January 16, 2013, in order for this to be heard at the city council meeting of February 5, 2013. p Janet Mason From: Rudy Esquivias Sent Wednesday,January 16,2013 5 42 PM To: Janet Mason Cc Brad Steinke;Joel Stern Subject: RE permanent extension of premises for Hitching Post LLC Attachments: AVG Certification.txt oink Jan- The Dash In/Hitching Post property is zoned CB-2 (General Business Zone) Among the uses permitted outright in the CB-2 zoning district is"Amusement or recreational enterprise(outdoor) " It is the applicants' desire to offer an outdoor bull-nding entertainment venue on the northerly side of the Dash In building(gas canopy and pumps to be removed)on the weekends, between the hours of 8 and 10 pm. Patrons would exit the back of the restaurant, be allowed to take their liquor back and forth with them to the arena to enjoy the events,and all would be contained within a fenced area The applicants are modeling their idea on the Buffalo Chip Saloon in Cave Creek Planning Staff believes that the CB-2 zone does allow the type of activity proposed on the property, however we have some land use concerns Staff has been working for the last several weeks with the applicants and other key City personnel to develop a site plan which properly addresses issues relevant to this activity The main land use issue appears to be adequate parking Council may recall that a Development Agreement was approved between the City and the owners a few years back which allowed for certain items, including that a minimum of 38 on-site parking spaces be provided Because of the amount of space which is required by the arena,the spectator area,and the livestock delivery area, the proposed new site plan shows only 20 proposed on-site parking spaces The property owners have a written agreement with the property owner to the south to accommodate additional off-site parking,which seems to suffice for the convenience store and the restaurant. The concern is that if that agreement dissolves,the applicants will need to accommodate parking elsewhere. Staff has suggested to the applicants that they plan for that contingency now and we have also asked for a parking diagram of the existing off-site parking area The Planning Division recommends that any approval for an extension of premises and/or a revised development agreement include a provision that bull riding events be discontinued should the lease for off-site parking expire or be inik discontinued, until such time as the property owners secure a new agreement for off-site parking elsewhere i4 47114'24 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 OOam to 6 OOpm, closed Fridays and Holidays ) From: Janet Mason Sent: Wednesday,January 09, 2013 8,48 AM • Kathy Connelly From: Rudy Esquivias Sent: Thursday,January 10, 2013 6 15 PM To: Matt Busby,Joel Stern, Giao Pharn, Emile Schmid Cc: Brad Steinke, Jeff Robinson, Dennis Dixon,Sam Jarjice, Kathy Connelly; Bryant Powell, Mehmood and Zee(dashin@mchsi corn) Subject: FW Follow-up on mtg.w/Dash In-Hitching Post folks Attachments- HITCHING POST RODEO ARENA.pdf:AVG Certification.txt Gentlemen• Please see the attached updated site plan received from the Hitching Post folks today Mehmood and I already talked about some items/modifications that would be needed or added to the plan, including. - Keep and maintain the existing planters at the west corner of the property,as well as at the corner of Lost Dutchman and Hwy. 88, - Add a new pedestrian access gate at the easternmost corner area of the Dash In building,to move people in and out from the back of the Hitching Post to the arena area, - The asphalt where the arena is proposed to go will be saw-cut and removed,and a dirt arena mixture brought in, - Portable lights will probably be set up at the corners of the arena, - The parking areas on the northwesterly side of the buildings will be redesigned for maximum vehicle accommodation, The dumpster will probably be relocated to the southwesterly side of the Hitching Post building Other items currently or previously discussed relative to the proposal - Gasoline sales will be discontinued and the existing pump island canopy,all the gas pumps and the propane tank will be removed from the property, - The bulls are proposed to be unloaded and loaded via a gate at the northeast corner of the property,off of Lost Dutchman,and internal fencing will separate the bulls from the people; Mehmood has spoken to ADOT and he says their only concern is that all improvements be kept within his property lines, /'1 Mehmood has spoken to ADEQ and their requirement is that the existing underground gas storage tanks need to be siphoned and completely filled with sand, - Mehmood has started the process to request an extension of premises of his liquor license to include the arena area,as well as amend his business license for this additional activity; - Mehmood needs to continue to allow for access to his relocated dumpster and the restaurant's grease-trap within his own property lines, - The shared parking agreement with the property owner next door will probably need to be made more formal and a contingency plan prepared should the Hitching Post lose the right to use that area. These are just my preliminary,first review observations of the proposed site plan. There may be more comments forthcoming Matt,Joel,Giao and Emile, please take a look at the plan and be prepared to discuss any additional concerns you may have with Mehmood at our meeting on Monday, The rest of the folks copied on this memo, please feel free to provide comments as well Thanks ya'll! e ddai oCqulvia3 Senior Planner/Zoning Administrator 1 - /11\ City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 480-474-2645 re_squ1v_as(aJcity.r,c,r. SERVICE OVER AND ABOVE THE REST (Development Services Department office hours. Monday through Thursday from 7.00am to 6 OOpm, closed Fridays and Holidays.) m From: Dashin [mailto.dashin�imchsi.comj Sent:Thursday, January 10, 2013 4:05 PM To: 'Dashin'; Rudy Esquivias Cc: Matt Busby, Elan Vallender; Brad Steinke; tmloveladyamsn.com Subject: RE. Follow-up on mtg. w/ Dash In - Hitching Post folks Rudy as per conversation this morning here is attach documents please check and confirm Please let me know when you we have the meeting with Mr Joel Thanks and regards Mehmood AioN , ' i - V _ . . _ _ i I 1 q'11uN4M1 Y UK _ - t. 173aU IC .+� Nt Y(ALL YMPEIEU[NAINLt It ELM"L tYl WIY //// _ C 1 at*LIATI. >rML ,.../ y Litt unn"� ;,„••• T 1 S 1.6W tOnril MIENA �' ` Wit II YtA1.1 hYTCh KW Y LWYGENLY 1/ Emil GAM IF / • /' kr4 4AQ e /' f II, i /' z i G hl1E YVt'a♦4LlEUI..2.l0 VT. /, 40,04:OFL3Y.LLCOatfEluWLL ..-. OWWWI U+Uw YHUa UI.Ita1U WE.JESINAI S1 LAE a WYIAIWANt 1 II I ; i < 4MOMG M Cg114W91TY 'II,II i" I 1i 1J1 ri Lll d t l la.1l1 A1l4a1R •� nl7n:eacAnl 1J.a 'Y N. tb 11 LXISIPIP HI I.1 PAI10 ' '� C 9- II��� '' I / ta�ryfgl fl11C114w Mill a3a'rA1.M0,I0 dAa 0 Bo y�_'1�S� A V.w 1t►H+a1L 'T\ + I I I I I /, tD3+ita:1.Y1•lJ1AL(1>1fi1fI1LtA1. V y /�- I I,I I 41fNH.z•1>ta N7tlVltmnN.LU nib t \ (. 'I. It ' I. II ! UM:YAMkY{I:a SIIMIALi.YNeu Z iz< Y : I' , I UMt....s ia.rgn0 / =p AJA C N. I' J N. I III /. a AIN IM014wit.. • WW11aEh GttraAL LISP4tlEw. NY. / SITE PLAN G ur a twoo NL WLLY//ATAWK L41 LAST YAY.V.t.a YLUYKa YAAU ♦�l Apache Junction Police Department •" oft }' 4, '�:,-•Nite2t;,,� Memorandum t ' DATE. January 10, 2013 . / TO. Janet Mason j Chief Jerald Monahol JAZ- Deputy Chief Tom Kelly ' THROUGH Captain Troy Mullender, ,-i FROM Lieutenant Jeff Robinsony' SUBJECT Dash In Extension of Premises Ms Mason, I have reviewed the application and diagram supplied by Mr Mohiuddin and did a physical inspection of the proposed sight in question Through that I have found the current parking for the newly established rodeo area is not on the diagram I understand that a verbal agreement with a neighboring business is a possibility but this is of a further concern If the verbal agreement is suddenly halted the current area of Dash In would not suffice to accommodate parking for this type of event Secondly this type of an activity(Bull Riding) will undoubtedly draw driver's attention away from the roadway to watch the rodeo in progress The speed limit on Highway 88 is 50 miles an hour with one lane north and south, no paved shoulder and heavily traveled with traffic to and from the lake Thirdly the entrance into the Dash in has no paved slowing lane for traffic exiting Highway 88 oak This will slow traffic that is expecting to travel at a speed of 50 miles an hour Trucks pulling horse and cow trailers will slow to a much slower speed than that of a passenger car Last is the size and construction of the arena itself.When I have attended rodeos in the past cowboys or professional clowns are present to capture a bull in the event it gets out of the enclosure If a bull got out of the arena area rt would immediately become an emergency traffic concern for the bull and passenger cars traveling at speeds that could exceed 50 miles an hour Due to the limited parking area of Dash In, the traffic speed of Highway 88 without a paved slowing lane and the potential of injury to animals and commuters due to the proximity of the arena and Highway 88 it is the recommendation of the police department that this extension of premises be denied due to a variety of public safety issues identified and more D,atnet, • t,4'�;n Anzo� e0g9r ittk�''o Apache Junction Fire District ° �° el Z ME•EMS `� 565 North Idaho Road, Apache Junction, AZ 85219 �X�' ° '�- � . '�Ecist�` Phone (480) 982-4440, Fax (480) 982-0183 +�+ l4 ern.aon° ^ MEMORANDUM TO. Jan Mason,Deputy City Clerk City of Apache Junction FROM John Suniga,Deputy Fire Marshal DATE• January 15,2013 SUBJECT Application for Permanent Extension of Premises—2341 N Apache Trail The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2341 N. Apache Trail, (Hitching Post) We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application Thank you for your notification on this matter ^ If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440 Thank You JOS ATTN Application Oak 'III\ FRAM IAX POWERFRX NO '48080?6179 Feb 1$ 2013 12.13PM P1 James D Kunkle 2573 E Meadowlark Way San Tan Valley,AZ 85140 Phone Number480 388 6296 Fax Number 480 807 6179 OIN Web Address Email Jimkl4emsn.tom Fax Transmittal Form RE-, (('�') , •1 , From Jemes D Kunkle lime P•D4I.N { ✓ JeG.r7- ( r' Oete Sent' Q Zi I�/ZO/3 CC -Phone'.qpd o 8rl : Number of Pages_ /O Fsx Q Qq 9 - .4444�" 4'w� G- 1'" 4 ..f?:.P • ANNIMPIIIIIIIP • • - a . 3,t� -t; a ,.‹. ! .��ahy `•1�1.nf2 •+F` F. .. ';{7 ` '••YP•' ;;'.t.r`)?'��?,,,r yt-'t":4'Y '. • MT T.f�'yo`?.��"`� "'!"•i r' .;YS• a'..S'r x M'► `r.J ,w' '".ti' ,4_ 4p?L/f.i.. ;M1$Fr•er'e}: �KV77- 4 7�' aC_ ,y . -II. }s _ v+ - J' s .` ° r• +tom 5 .. !'• •+�;ov •it ••,• . „s c X. Thanks, Jam 5 D kunkle 1 "IN #00IN FROM 1 •REMF;X POWER NO :4609076179 Feb 18 2013 12.14PM P2 02/15/2013 City Council Robin Barker City Council Information Item Thanks for giving me a few minutes of your time yesterday to discarss the expansion plans of the Dash-In/Hitching Post venue. l became involved in the 7 acre Park N Save storage lot operation behind the Hitching Post about 7 years ago as the buyer's realtor My realtor license is presently inactive by my choice because of the recession affect on the real estate market. I have hung around as the local face and voice of the Park N Save owners, Zion International LLC,a Korean investor. As a career Air Force member I spent 6 years in Korea on active duty, speak a little of the language, and have many friends there. I ultimately married a Korean lady. If the Dash-In/Hitching Post proprietors proceed with their expansion plans to include a rodeo venue I am positive it will adversely impact our storage lot business because they presently have a rental agreement with Zion for a small parking lot .It is located South of the bitching Post between Highway and the Park N Save perimeter fence The main access gate to Park N Save storage is located in the perimeter fence adjacent to that parking lot. (see the attached diagrams) The expanded venue, Rodeo Arena, will cause increased traffic and parking needs more than likely impelling traffic flow to the Park N Save storage lots by blocking the main gate Also, the increased accident potential caused by the increased traffic must be considered, plus the lack of sufficient sanitation facilities, the livestock stench, and the lack of an adequate trash disposal system are factors that must be considered, All of these factors will be detrimental to the environment our clients expect from the Park N Save storage operation. I am also certain that the Rodeo venue will negatively affect area property values and negatively impact ZION's plans for future development of the Canyon Lake Gateway project. If the Hitching Post changes their operation by expanding into a Rodeo venue their . - parking lot rental agreement with ZION will be considered void by virtue of the change It will have to be negotiated with consideration to the city parking codes governing the proposed venue changes. /04, FROM 'REMAX PO(JER FAX N0. :4808076179 Feb. 18 2013 12.15PM P3 You can see that some of the attached narratives are outdated but still relevant. This occurred because the Canyon Lake Gateway project has been on hold because of the recessive affect on recent real estate development and funding I presently see signs of economy improvement which should facilitate proceeding with development of the Canyon Lake Gateway project Thanks again for your time, ectfitliy, _1T Jim Kunkle For ZION International LLC rMIk ( C at as SEE MAP 100-01 E LOST DUTCHMAN BLVD _, J-- as $ QCD 122112T7 11* c.; us� Mc I°► IeY V A i . 1{ s f� I ♦ . +1 z 1 I m Y (1U4 105 . /OB 10 1� ® ID y tV ilIAL. , li Xi E. HIDALGO ST .um.........�. °.r �.a., ............ N Se qyi w it. «! WIt t, ® s x may a ri 0 1 0 4-- ti' wa m _ E MND8ONO ST �. QC01261182d COY OF I21' S il j 0 0 ni 93 4 0.156 4\42/ z �.�' ____ ,• il.). ri, sou 'DNCHO STU. ID -04 PIDCC aa ore aIllt tal 0 3 'go ID (g) I — T E FOOTHILL ST 1AO20$i s7S W0 20ti'31877 i C L 024C 1' 2i• U t Z W (Y 765 322 Ne & S � I 0s � tE 0 -« ..., zit . ..._.. I �'a� ,E FOREST ST ViMItY HAP r. ..____- I rRwFCr n�rA_____ 1 �� r4r.wfwfoK—__ --- , if UXT '--- - - ' ••... .n ...r a. I 40< q .-+ a1C>ttil/J10LYf1 a++W`.,..r.y+. uw+..+ao• •+.,.•r:..+.c... ,..� .-._- �_tf._. ....- -. .•_.-_.�.�� •lsrlM 1td5a.M.N WN 16 L EL le y✓�•___.�.�.-._-..-...«_ _ �.._+_..r..i Q ��1'�JML_- .-.�.-__-.ter�_- ' _- •...+rw aa�-wr.ssrn N l• �(..s ai:wc:a'. '7�CY r.. +1* j [sr.....a. { J ...4 w...4.w w..rn+ Y Cq y X. �.. «�. I y i• ��4 F - - _.. �,-�...�, +wNa�nw.�wMa..wu.aw r..r...�. w.cs,..r...aw..rww.ariw...w....,.r. rr,..aa.raw Y+.r.a4aa rw.F....a ohm • in 4~ K1r �- �4 _f �_r •. �. rims M.1.a1wY ~�� Y. -_ • F.ti.Pt N.[IM w1MM tlo Da 1R+V fA1. • w''� ` iir ..SY,YJ►.Mwv..,:Wf1►Y.4144011411117 CO i c.a.0 a,... i Is.YTS (•, ••' i .t.ew..r....k .ara.. 444 u.rs Ri ..+..www.. ... lir `+n.43 +� .....c.r... 3 n �ib� �0, 8 t. sou 'f� iiii 1 1 ter! _ �;►`1 ......s aft g ` I11W.NMY�aV XP • /- r f. , , P • NI .f 0. ....rc.r.w.w..n ..r..a 7 , t ti s.......� ININO j :+f ``�I,' Y1. ,.. 4 l'�1 f• r_•� 'ti+at,s,..a,.. e,wu 91' mg 1E.wi •' i rw 43• .w.s...a.a.m..s, t r: o...wr. j .4 • L t !. • •lwrrr• 4 4. lD xau . o v z o�w. r .. . C.S} - _ D:i _ 3� 'y s .17+f.� � + i i i anwr..... .w.... 'O..' ss A.I.• • 1 YIMMIw.P..h s.vaa �._ lb. NNI..MI..La+tYAA Cm... it' ZZ f. y _ �.rtrxsrrax= r i X j 1 _ Wilk a ,3v�a arr. .�}S {: `+� Y.Y iNl ail wog !i ^.G ,i3 iri 4,1w+u s+ sJ.O+a e.er-• Slat p f .... ,� r 7d'IN.MO VA.! &— ,I bi 1 I I I�i - — 1 89 r I x A tartAit '_"""., 1 • j ': + . I '„rM�" ; „"ter' , •� evs�ax7wcmifcsttt�nt __ ,y'••;,,' -x - 0 y -s ;r :.;' ai • - ('?.-• • �'� �u�,+�+aaref 11( lk- i (�QV .0>e..ta t W'w� - •4 W VCirr M.oratanMo.KFIA** - L- - - - -4' - -N9a7;rtr-kr54 l41 -..- ..�_-_-T.---._ —_ ar+- tM) A71}LL1 WgIIr! 6' M f ly(,.0"town%'MS.% 5uf Pl.AM i - 2.1 1Y i ( ( Amok FROM 'REMAX POUER FAX NO. :4Br3B;376179 Feb. 18 2013 12:213PM PS Logo For application for Trade Mark/Service Mark To the Arizona Secretary of State By William A. Sundry **)#(01fittslii""kiritk Claw* Canyon Lake Gateway Your Provision!Outpost N Apache Trail and t. Lost Dutchman Blvd. Apache Junction.Arinora Letter Head For application for Trade Mark'Scrvice Mark To the Arizona Secretary of State By William A Sandry •. • .. • adomm Canyon Lake Gateway You:Provl#ions OcIpca! N.AApach:Trail awl B.Ica!Duslinvn Blvd. Ap. he)u iron,Ariznew Business card For application for Trade Mark'Service Mark To the Arizona Secretary of State By William A Sandry /m\ Amk PS }RUM :P MAX POWER FAX NO '4338076179 Feh. 18 20i3 12 17f'tl 20 November 2007 Zion International LLC 2304 N Cortez Rd Apache Junction,AZ 85219 Amik Dr Simon Sung Reference the value and potential development opportunity of the 7.6 acre Zion International property presently doing business Simon Sez Storage at the corner of Highway 4 88 and Lost Dutchman Road near Apache Junction ,Arizona. It is presently on the market at a fair market value of$3,500,000. Generally the real estate market in the area is depressed but the subject property is at the cutting edge of rapid growth For development and promotional advantage the location was registered as The Canyon Lake Gateway.It would be the last stop for provisions before the 15 mile trip to the Canyon. Saguaro, and Roosevelt Lakes recreation area.The scenic view of the Superstition Mountains and access to Apache Trail and Superstition Mountain Adventure Trails make the property an ideal location to develop a destination location for the area north of Apache Junction Included in the sale are conccptwil site plans for The Canyon Lake Gateway neighborhood shopping center featuring a grocery market and restaurant as anchors and a number of retail and office suites included. This plan will give the developer approximately 65,000 square feet of rentable space for an annual gross rental income of $1,335.000 This equates to an estimated S789,786.25 in annual net operating income for the investor/developer The alternative to the long term benefit of proprietorship would be the sale of the fully built out development after development costs of approximately$7,000,000 which would potentially command a list price of S20,000,000 to S25,000,000 depending on the commercial real estate market when the sale occurred. Another optional revenue producer is the lease of space on the premises to A T&T to construct a cell phone tower adding to the cash flow.This lease option is already in place The following list of development plans in the area should add to the future market value of the subject property and it's development potential 1 Forty seven (47)acres of mixed use construction,dense residential,estate size residential,and boutique style retail outlets 1.5 miles north of the subject. 2.Annexation to the city of Apache Junction the above 47 acres extending commercial and residential construction potential further north beyond the subject. FRO1 '(mac?iAX P1►.FR FAX NO '4B0B@76i79 - Feb. 18 2013_12.18F'M P6 3 Extension of the city sewer system past the subject to the 47 acres mentioned above increasing the value of the subject along with the 47 acres. Access to public sewer enhances property value by facilitating a broader scope of development. 4.Development of the Tonto Forest Estates residential housing 3 miles northwest of the subject.. . A$22,000,000 expansion of the Rodeo Grounds Recreation Area increasing the existing 20 acres to 200 acres contributing to the increased traffic flow and potential increased customer base of the Canyon Lake Gateway project. 6 In-fill residential housing construction in the areas surrounding the subject also increases the traffic flow and potential customer base. The Canyon Lake Gateway is still in the conceptual stage and all information is deemed accurate and plausible but not guaranteed. Buyers or investors must verify all information James D Kunkle Realtor FAX NO. '4808076179 Feb. 18 2013 12 I9PM P7 FROM .REt1RX POWER ... _...._.,.- CANYON LAKE GATEWAY Great investment potential at the cutting edge of rapid growth. Seven ( 7 ) acres at the intersection of highway 88 and Lost Dutchman Road Zoned C2 with conceptual plans to develop an area destination with a supermarket and restaurant for anchors and a number of retail and office spaces planned. This location is the last chance to stock up on provisions before the 15 mile trek to the Canyon, Apache, and Roosevelt Lakes Recreation Area. The mountain views with access to Apache Trail and Superstition Mountain Trail adventures, plus the planned $22 mil Rodeo and Recreation Area expansion 1 mile to the west make this Gateway development very attractive. /IN _ _ r'1 FROM .REt1RX POWER FAX Nn. :4808 76179 Feb. 18 2013 12.2IPM P10 • Woloso -m \t , II'S ._ra.•q "cam'la ,ik i T ilic• 1 r.t III ii. • , .11.'".. . 1' .".0�.' _ Syr 11 f. mini y, ?. f; aii ;OWN II i I _ I r�� i fill , „-•1 1 1 1: ;,u k\ ,I s-:. s " i s PIN' r_:�— Mei Ire 111 ••pi 1 �j7 raAr ��. �j, .•• ROO ", . 1 i IP MN. /1:4 .. -- i E • as ON t " � __.i SILL, rrr. i I sup s- 1 V..a• an wit al es Ilk li t '- '„` 1 Ilr•M. 7.. � \+y rr...r r..: ►'ter• bite■ 1 pa.0 `r 'WV IPIlli 1 4 i1131i1 I , ; ' 11 ...N 7h tip �'I / 1., 0\1 _ / OLL CALL VOTE NOTES: :)).,�fV‘V `tiyrljj \\)/\" ‘ \ 1 1 r7 C‘( . S ,3 ITEM # MEETING OF MOTION BY 6X0j SECONDED BY: VA 3{?-} YIS NO ABSTAINED COUNCILMEMBER BARKER ✓ COUNCILMEMBER WALDRON J COUNCILMEMBER WILSON COUNCILMEMBER EVANS ✓ VICE MAYOR DIETZ COUNCILMEMBER SERDY ‘ii\I .7- MAYOR INSALACO V UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL k� ITEM NO. 6 For approval: I MOVE THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR(APPROVAL)TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. For approval subject to approval of development agreement: I MOVE THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL, SUBJECT TO APPROVAL OF A DEVELOPMENT AGREEMENT FOR THE HITCHING POST. For denial: I MOVE THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDEN, BE .-. RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL BASED ON (A)THE CONCERNS ABOUT PARKING AS OUTLINED IN THE EMAIL FROM SENIOR PLANNER/ZONING ADMINISTRATOR RUDY ESQUIVIAS TO DEPUTY CITY CLERK JAN MASON DATED JANUARY 16, 2013; (B) THE PARKING AND PUBLIC SAFETY CONCERNS AS OUTLINED IN THE MEMO FROM LIEUTENANT JEFF ROBINSON TO DEPUTY CITY CLERK JAN MASON DATED JANUARY 10, 2013; AND (C) THE DIAGRAM ATTACHED TO THE APPLICATION IS VAGUE AND LACKS SPECIFIC MEASUREMENTS SHOWING THE DISTANCES INVOLVED IN THE EXTENSION a '� PI,ACN �G .� £ • ,Cif, of Apache junction 2 Home of the Superstition Mountains 4QrzoOP' Print TO. City Manager's Office FROM: Rudy Esquivias, Senior Planner/Zoning Admin. DATE: March 5, 2013 agenda Type : Regular Agenda Council Priority Focus Area: Additional Item Outside Scope of Identified Council Priorities TITLE OF AGENDA ITEM: DISCUSSION WITH MEHMOOD MOHIUDDIN AND DECISION ON A PROPOSED SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND OWNERS OF HITCHING POST AND DASH IN PROPERTY ACTION REQUESTED: No Recommendation DISCUSSION/ BACKGROUND INFORMATION: On February 18, 2009, the city entered into an economic development agreement with Mehmood Mohiuddin, which included provisions for a restaurant to be constructed next to the existing convenience market at the southeast corner of Lost Dutchman Boulevard and State Route 88 The parties first amended the development agreement on May 8, 2009, related to occupancy certification due to landscaping and parking barricade requirements Mehmood Mohiuddin, owner of the Dash In Mini Mart and Hitching Post Restaurant, has requested a second amendment to the agreement in order to expand the development to include a bull riding arena and related activities on the property FISCAL IMPACT: .....Budgetary Approval Not Required OPTIONS/ALTERNATIVES: RECOMMENDATION: At their meeting on February 5, Councilmembers indicated that they wanted the applicant to address additional safety concerns and provide additional information pertaining to the property and the new proposed use, including issues related to lighting, traffic safety and gasoline facility closure. If the Council feels that the additional information provided is sufficient, they may choose to approve the development agreement amendment. ATTACHMENTS: Click to download CI Council Cover Memo for 3-5-13 Dev Apmt and exhibits .do. pCHF� O City of Apache Junction gRlZCt,P Development Services Department February 21, 2013 Memo to: Honorable Mayor and City Council Members Through: George Hoffman, City Manager Brad Steinke, Development Services Director From. Rudy Esquivias, Senior Planner/Zoning Administrator Subject: Old Business Item, March 5, 2013 : Proposed Second Amendment to Development Agreement Between City and Dash In/Hitching Post (Bull-riding Venue) Background. The owners of the Dash In/Hitching Post businesses, at the southeast corner of E Lost Dutchman Boulevard and N. Apache Trail (S R 88) , have requested approval of an extension of premises of their liquor license to accommodate an outdoor bull riding arena on their property Since the property is currently subject to a development agreement and specific site plan, the requested bull riding arena requires a development agreement amendment The attached development agreement amendment is therefore presented for Council review and consideration This amendment provides, among other things, that the bull riding activity area be located and designed in accordance with the updated site plan (see Exhibit "A", and new exhibit date i., stamped 2-18-13) , and that the necessary overflow parking to accommodate the expanded use be allowed off-site on properties located directly to the south and across the street to the north at the Elks Club (see Exhibits "B" and "C") The draft amendment further requires that the expanded outdoor activity cease if both of these off-site parking areas are discontinued by their respective owners City Council Discussion on February 5, 2013. At their meeting on February 5, the City Council discussed the development agreement amendment request (discussion only) and the extension of premises request (discussion and public hearing) . There were many questions of staff and the applicant Council had questions about such issues as. 1) Portable lighting around arena and lights on building to be designed and/or located so as not to distract traffic on either Lost Dutchman or Highway 88, and so that people/children can see where they are going during these night-time events 2) The gate to the west of the arena to remain unlocked for safety purposes, but manned so as to prevent alcohol from entering or leaving the property 3) There will not be food or drinks served in the arena area, but possibly right behind the Hitching Post (perhaps a few tables) ; and people will be allowed to take their drinks with them to watch the bull-riding. 4) Parking plan needs to include at least three accessible parking spaces near the front door to the Hitching Post (see new exhibit) 5) Council members still concerned that there is no decel lane on Highway 88; perhaps talk to ADOT about what their requirements are, should a decel lane be requested 6) Council members also wanted to make sure that the previous gas station ... use was being properly abated through ADEQ, and that ADEQ had given clearance to the proposed new use 7) Possibly install an extra light right around the proposed animal delivery gate area (NE corner of property) to illuminate said area for folks crossing Lost Dutchman to and from the Elks The Council approved the following motion with regard to the extension of premises request. Councilmember Barker moved that .. "We continue this item to March 5th and that the developer bring us letters from Arizona Department of Transportation and Arizona Department of Environmental Quality so that we are sure that they have cleared both of their areas, and that we get a lease letter from the Elks, and that we get a diagram that actually shows the dimensions and as more explanatory than what we have " Follow-Up Since February 5 Meeting: Regarding item #1 above. Please see the attached pictures (pages 29-36) of the ambient lights currently existing at the subject site. In addition to these lights, Mr Mohiuddin will be putting up lights immediately around the bull-riding arena He is also agreeable to putting up a light near the animal delivery gate, and if needed, additional lights on the north side of the arena pointing inward towards the property and not towards the adjacent streets He stated that he is also working with SRP to fix the broken streetlight at the corner of Highway 88 and Lost Dutchman Item #2 Mr Mohiuddin has agreed to have an attendant at the gate during events. Item #3 . Self-explanatory Item #4 . See new site plan (page 37) dated 2-18-13 which shows 3 HC parking stalls One stall will need to be relocated so that is has its own unloading area for a person in a wheelchair. Item #5. Please see letter from ADOT (pages 38-39) which states that the proposed plan will not have an impact to their highway facilities in the area Staff followed up with Ms. Marin of ADOT and asked what would be required if a decel lane was requested in this area ADOT requirements are very similar to City requirements—traffic analysis, parking count study, everything evaluated and designed by a civil/traffic engineer—a process which could easily takes months, and it would all need to be funded by the property owner They will follow up with staff if they determine additional comments are warranted Item #6• Please see the information (pages 40-57) submitted by Mr Mohiuddin which shows some of the inspections which have been performed at the site and the credentials of his current inspector Staff followed up directly with a Mr Nusharat Khan of ADEQ, who confirmed that the owners of the property are in the process of closing out the underground storage tank facilities Mr Khan indicated that a final inspection has not been done yet, nor a final closure letter issued Mr Khan stated that the proposed bull-riding facility could be placed on the surface of the property (above the abandoned tanks) subsequent to closure I advised Mr Mohiuddin of my conversation with ADEQ and advised him he needs to follow up with Mr Khan to try and get everything done before March 5 Item #7 Mr Mohiuddin stated that he is agreeable to installing additional lighting near the animal delivery area, to help folks see as they cross the street to and from the Elks. In addition to the above, Mr Mohiuddin stated that he talked to the Elks about Council's request for a more formal lease agreement for parking. Because of their non-profit status, the Elks cannot enter into a lease agreement because that would be a for-profit activity which could jeopardize their status Their informal agreement is to allow Hitching Post customers to use their property for overflow parking when needed. With regard to Council's request for a dimensioned site plan, the new site plan exhibit (page 37) can be used for the extension of premises request as well as the development agreement amendment request It shows perimeter dimensions, as well as the dimensions of the various gates, fences and arena enclosure areas. Please also see a letter (pages 58-59) from John Hetzell, from the Spear J Cattle Company, who will be helping the property owners coordinate the events Mr Hetzell discusses some of the safety concerns relative to this type of venue. Lastly, please also note that Mr Mohiuddin did pay the fee for the developer-initiated development agreement amendment request If staff receives additional information or correspondence relative to the proposed use, said items will be provided to Councilmembers either before or at the March 5 meeting (Please contact Planning Staff with any questions or additional concerns, i.► Rudy at 480-474-2645 or Brad at 480-474-5082. ) List of Exhibits (provided separately, not included as e-mail attachments) Pages 1 - 28 Copy of Staff report and all exhibits from Feb 5 meeting, Pages 29 - 36 Pictures of existing ambient lights around Hitching Post/Dash In property; Page 37• New dimensioned site plan exhibit (dated 2-18-13) showing HC spaces, Pages 38-39 Letter from ADOT, Pages 40-57 ADEQ-related, closure process and inspections documents, Pages 58-59• Letter from Spear J Cattle Company regarding safety concerns .11. (j) vs,ACH �. 2 City a �eJunction Development Services Department January 28, 2013 Memo to Honorable Mayor and City Council Members Through. George Hoffman, City Manager Brad Steinke, Development Services Director From Rudy Esquivias, Senior Planner/Zoning Administrator Subject. New Business Discussion Item, February 5, 2013 Proposed Second Amendment to Development Agreement Between City and Dash In/Hitching Post (Bull-riding Venue) Background- The owners of the Dash In/Hitching Post businesses, at the southeast corner of E Lost Dutchman Boulevard and N. Apache Trail (S.R. 88) , have requested approval of an extension of premises of their liquor license to accommodate an outdoor bull riding arena on their property Since the property is currently subject to a development agreement and specific site plan, the requested bull riding arena requires a development agreement amendment The attached development agreement amendment is therefore presented for Council review and consideration This amendment provides, among other things, that the bull riding activity area be located and designed in accordance with the updated site plan (see Exhibit "A") , and that the necessary overflow parking to accommodate the expanded use be allowed off-site on properties located directly to the south and across the street to the north at the Elks Club (see Exhibits "B" and "C") The draft amendment further requires that the expanded outdoor activity cease if both of these off-site parking areas are discontinued by their respective owners. Attached - Second Amendment to Econ Dev Agmt (Draft) - Exhibit "A" Site Plan - Exhibit "B" Off-site Parking Agreement with South neighbor - Exhibit "C" Off-site Parking Agreement with north neighbor - Original Development Agreement - First Amendment to Development Agreement G SECOND AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN THIS AMENDMENT is made and entered into this day of , 20 , ("the Execution Date") by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City"), and MEHMOOD MOHIUDDIN, as owner of Dash In Gas & Mini Mart and Hitching Post Restaurant ("Developer"), sometimes both collectively referred to as the "Parties". RECITALS A. On February 18, 2009, the City and Developer entered into an Economic Development Agreement and on May 8, 2009, the City and Developer executed a First Amendment to the Economic Development Agreement which collectively included provisions for a restaurant in addition to a convenience market at the southeast corner of Lost Dutchman Boulevard and State Route 88 (the "Property") B. Developer now desires to expand the development to include a bull riding arena and related facilities on the Property C. Developer also desires to relocate existing trash receptacles, remove existing fuel pumps, and the propane storage tank, and reconfigure the parking arrangement to accommodate all uses on the property. AGREEMENT NOW, THEREFORE, in consideration of mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to amend the February 18, 2009, Agreements as follows. AMENDMENT OF AGREEMENT A Recital #10 is added as follows. On February 18, 2009, the City and Developer entered into a development agreement which set forth development criteria to allow for a new pizza restaurant to be built on site 1 6 B Recital #11 is added as follows On May 8, 2009, the City and Developer entered into the First Amendment to the Development Agreement which addressed delay of the landscaping and driveway delineation requirements C. Recital #12 is added as follows. Developer desires to offer an outdoor bull riding entertainment venue at the northerly side of the Dash In building with the gas canopy and pumps to be removed for weekend activity from 8.00 p m to 10 00 p m Developer will also be requesting from the Mayor and City Council a positive recommendation for the State Liquor Board extension of premises authorization D The Site Plan originally attached to the Agreement and referenced in Section 3(B) is replaced with the new Attachment. E Use of the outdoor bull riding venue is subject to shared parking agreements for overflow off-site parking on vacant property to the south and across the street to the north at the Elks Club. Should both of these shared parking agreements be terminated for any reason by the off-site property owners represented in said parking agreements, all outdoor activities within the extension of premises area must cease until another comparable off-site parking agreement is secured. F. Section 9(P) Severability, is amended as follows. City and Developer each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect, provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. G All other terms and provisions set forth in the February 18, 2009, and May 8, 2009, agreements not inconsistent with the intent of this Agreement remain in full force and effect 2 __.) IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly executed as of the day and year first written above MEHMOOD MOHIUDDIN, owner of Dash In Gas and Mini Mart and Hitching Post Restaurant By. Its: CITY OF APACHE JUNCTION, an Arizona municipal corporation By. John S Insalaco Its: Mayor ATTEST Kathleen Connelly City Clerk APPROVED AS TO FORM. R. Joel Stern City Attorney 3 (5) STATE OF ) ) ss. County of ) The foregoing was acknowledged before me this day of , 20 , by as of Mehmood Mohiuddin, owner of Dash In Gas and Mini Mart and Hitching Post Restaurant. Notary Public My Commission Expires: STATE OF ARIZONA ) ) ss COUNTY OF ) The foregoing was acknowledged before me this day of , 20 , by John S lnsalaco, as Mayor of the City of Apache Junction, an Arizona municipal corporation. Notary Public My Commission Expires. 4 @_.) E LOST DIJTC1HITAKI --- --.. r ---------------- @%k_.._ z -. • .era .Ay M tr '�3 XK1M !TY'xWA�XM 1..' ..L-e.xF dOC.[mst # 6 14n .�� r 1 1 x irk I , i , 0k „...., 1I11 Z.' / `rry " / ( # , } i I ? I # £ 1111 fiZ _ _j /' f ",,r,r r41MFe41MF 11111111t„, P W 0. i I # 3 3 FD L ( I} I i # # f! ? r # r 6 = `X l�l C 4ie F,1 , ,,X .% a. .: .. /f` // ' r d > fO/ . / /7/2 w /117 l ` ` u,em a 1_ / //12 1 / ill '� „M,R n:,,.1 I ill " /f S�TE_F's�1Pt._Q. f ig • i LEASE AGREEMENT 1. Principals • Lessor:Zion International Dba Park N Save Storage 2304 N Cortez Apache Junction,AZ 85119 Lessee : Hitching Post Pizza Pub Dash-In Gas and Mini-Mart Apache Junction,AZ 85119 2. Purpose :To provide overflow parking for the lessee indicated above. 3. Location :The vacant lot directly West of the Park N Save storage lot. East adjacent to Highway#88 and directly South adjacent to the Hitching Post Pub and Dash-In Mini Mart property. Legal Description APN 100 25 003. 4. Lease Fee:The lessee will pay$ 250.00 per month beginning 06/01/2012 to the lessor indicated above to continue until a price change Is negotiated and agreed to by both principals. 5. Responsibilities : With this agreement the Lessees will assume responsibility for: a. vehicle and equipment damage caused by or between parking lot users occurring within the leased boundaries. b. personal or livestock injuries inflicted by or between parking lot users occurring within the leased boundaries. C. dust control and other city code compliance issues attributed to parking lot users occurring within the leased boundaries. 6. With the representative signatures affixed below all principals acknowledge that they have read, understand and will ab a by the stipulations of this document. Signatures: Lessee date Lessor ? 2/84_____date 2 ,0/Z CC Bob Mays/City of Apache Junction/Code Compliance Officer 480 474 5085 - if All I. ... 6 APACHE JUNCTION ELKS LODGE 2349 ,:7.4''' - I �) 2455 North Apache Trail � (s„\,,,,,, Apache Junction AZ 85119 �'�: Phone- 480-982-2349 s fi_. • .... .."„) t t 3 Email- elks2349@gwestoffice.net Janaury 24, 2013 To• Whom It May Concern The Apache Junction Elks Lodge 2349 has agreed to lease to the Hitchin' Post Pizza Pub and Dash-In our lower parking lot for overflow parking. If you have any questions or concerns,please call me directly My number is (480)748-6472 Sincerely, APAC .JUNCTION ELKS O GE 2349 L By: Gregory Gille, Trustee CO i;'\- cO�r, OFFICIAL RECORDS OF 4 �'5 1. P1NAL COUNTY RECORDER When recorded return to: � h, LAURA DEAN-LYTLE d Richard Joel Stern, Esq. DATE/TIME: 02/24/09 1423 r Apache Junction City Attorney FEE: $15.50 \V) 300 East Superstition Blvd. 3pAcss. 15 Apache Junction, AZ 85219 FEE NUMBER- 2009-018381 ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN This Economic Development Agreement is entered into as of � ��, 2009, by and between CITY OF APACHE JUNCTION, an Arizona�ipal corporation (hereinafter the "City") and MEHMOOD MOHIUDDIN, as owner of Dash In Gas & Mini Mart(hereinafter the "Developer") (both collectively referred to herein as the "Parties"). RECITALS 1. Developer owns 0.67 acres of land, Final County Assessor Parcel Nos. 100-25-04205 and 100-25-04304, located at 2341 N. Apache Trail, Apache Junction, AZ (the "Property"), and more fully described and depicted in Exhibit A. 2. Developer desires to renovate a portion of the Property (Penal County Assessor Parcel No. 100-25-04304) zoned Local Business ("CB-2") and convert the warehouse and storage use to a 2,800 square foot pizza restaurant and pub to be named the"Hitching Post" (the "Project"). 3. In December 2008, Developer contacted the City's Development Services Department to inquire about the feasibility of the Project. 4. On January 8, 2009, Developer met with City staff at a Preliminary Design Review meeting, at which time Developer was informed the City-imposed development fees for the Project would be $52,948.00. 5. On January 12, 2009, Developer's representative requested a waiver of these fees, and on January 12, 2009, the Development Fee Administrator denied the request. 6. On January 12, 2009, Developer appealed the Development Fee Administrator's decision and requested a hearing before the Mayor and City Council, as allowable under Apache Junction City Code, Volume II, Land Development Code, Chapter 7, Development Fees, § 7-1-1(M). �o 7. At a Public Hearing on January 20, 2009, the Mayor and City Council directed staff to negotiate a development agreement with Developer since there was a general feeling City's commercial development fees for renovations of different uses within the same zoning category are generally too high compared to other municipalities and in view of the current recession. 8. City and Developer are also desirous of addressing public safety concerns relating to traffic movements entering and exiting Developer's property from adjacent arterials. 9. Arizona Revised Statutes Annotated (hereinafter "A.R.S.") § 9-500.05 authorizes City to enter into a development agreement with a landowner or any other person having an interest in real property located within City to facilitate development of the property by providing for, among other things, the conditions, terms, restrictions and requirements for public infrastructure and the financing of public infrastructure. AGREEMENT NOW THEREFORE, in consideration of the terms and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Accuracy of the Recitals: The Parties hereby acknowledge the accuracy of the Recitals set forth above, which are incorporated herein by this reference. 2. Term: This Agreement shall commence on the date it is recorded with the Pinal County Recorder's Office (the "Effective Date") and continue in perpetuity, or until all obligations have been fully performed, whichever date is sooner. Notwithstanding the foregoing, Developer's obligation to indemnify, defend and hold City harmless shall survive the expiration or earlier termination of this Agreement. 3. Developer's Obligations: Developer agrees to each of the following obligations. A) Development Fees. At the time of issuance of the building permit, Developer shall pay City the Police and General Government Development Fees for the Project in the amount of Six Thousand Four Hundred Sixty Dollars and Zero Cents ($6,460.00). B) Compliance with Site Plan. Developer shall build the Project and improve the Property in accordance with the Site Plan set forth in Exhibit B and Building Plans as set forth in Exhibit C, to include all depicted landscaping, parking stalls (shown with a 10% administrative reduction), building improvements and delineated driveway entrances. 2 These improvements to the Property shall be completed before a Certificate of Occupancy is granted for the Project. While the depicted landscaping illustrated in Exhibit B generally complies with or exceeds the zoning standard for required number of plants, the plan does not comply with the zoning standards regarding landscape buffer setback or installation of a perimeter masonry wall. Accordingly, the development agreement serves to waive these non- complying landscape elements. C) Registered Architect/Engineer Stamped Plans. Pursuant to A.R.S. § 32-144(A)(4), the construction plans shall be stamped by a registered architect or engineer and all drawings shall meet all applicable construction codes prior to the issuance of a building permit D) Fire Sprinklers. If required under Applicable Laws described in subsection (F) below, or by the Fire Marshal or Building Official, Developer shall install interior fire sprinklers. E) Business and Privilege Tax License. Developer represents and warrants that any license necessary to perform the work under this Agreement is current and valid. Developer understands that the activity descnbed herein constitutes "doing business in the City of Apache Junction" and Developer agrees to obtain a business license pursuant to Article 8-5 of the Apache Junction City Code, obtain any transaction privilege tax pursuant to Apache Junction Tax Code Article 8A, keep such licenses current during the term of this Agreement, and pay all tax arrears currently owed to City. Any activity by contractors and subcontractors within the corporate city limits will invoke the same business tax regulations on said contractors and subcontractors, and Developer ensures its contractors and subcontractors will obtain any required business and transaction privilege tax licenses. F) Applicable Laws. For the purposes of this Agreement, the term "Applicable Laws" means the federal, state, county and local laws (statutory and cornmon law) ordinances, rules, regulations, permit requirements, and other requirements and official policies of the City which apply to the development of the Property as of the Execution Date. G) On-Site Waste Disposal System/Septic System Developer shall comply with the Applicable Laws in regard to the on-site waste disposal systems/septic system. Developer shall also provide proof to City of County approval of the on-site waste disposal system/septic system prior to the issuance of a building permit. 3 I� H) Shared Parking/Cross Access Easements. Developer shall record in the Pinal County Recorder's Office a cross access/parking easement in perpetuity and provide proof thereof to City no later than the date the Certificate of Occupancy is issued. 1) Dumpster Screening. Notwithstanding subsection (B) above, the sides and rear of the garbage dumpster storage area located on Pinal County Assessor Parcel No. 100-25-04205 shall be screened no later than one (1)year after the date the Certificate of Occupancy is issued. 4. City's Obligations: City agrees to each of the following obligations: A) Road Development Fees. City shall exempt any required Road Development Fees for the Project. B) Certificate of Occupancy. City shall issue a Certificate of Occupancy provided that Developer has met the obligations as noted above in Section 3, subject to the time constraints listed above C) Building Plan Review. City shall review and provide all redline changes to and approvals of the submitted plans in a timely fashion. 5. Developer's Representations: Developer represents that Developer's representations are true in all material respects as of the date of this Agreement. The transactions contemplated by this Agreement, the execution of this Agreement and Developer's performance hereunder have been duly authorized by all requisite action of Developer or its agents and no other approval or consent is required for this Agreement to be binding upon Developer. As of the date of this Agreement, Developer knows of no litigation, proceeding or investigation pending or threatened against or affecting Developer, which could have a material adverse affect on Developer's performance under this Agreement that has not- otherwise been disclosed in writing to City. &. City Representations: City acknowledges that Developer is expending a sum to renovate the structures located on the Property in reliance of this Agreement. City further represents the Property is located within the municipal limits of City, and City is a duly organized, validly existing municipal corporation in the State of Arizona, and the individuals executing this Agreement have all, necessary authority to enter Into this Agreement and to bind City. 7. Notices and Filings: (a) Manner of Serving. All notices, filings, consents, approvals and other communications provided for herein or given in connection herewith shall be validly given, filed, made, delivered or served if in writing and delivered 4 m personally or sent by express or overnight mail or by registered or certified first class United States Mail, postage prepaid, as follows: If to City, to: City Manager 300 E. Superstition Blvd. Apache Junction, Arizona 85219 And to: City Attorney 300 E. Superstition Blvd. Apache Junction, Arizona 85219 If to Developer,to: Mehmood Mohiuddin c/o Dash In & Mini Mart 2345 N. Apache Trail Apache Junction, Arizona 85219 The Parties may from time to time designate in writing and deliver in a like manner any other such address which they deem necessary without modifying this Agreement 8. Delivered Status: Notices, filings, consents, approvals and communication given by mail shall be deemed delivered upon receipt or refusal. 9. General Provisions: (a) Waiver. No delay in exercising any nght or remedy shall constitute a waiver thereof, and no wavier by City or Developer of the breach of any covenant of this Agreement shall be construed as a waiver of any preceding or succeeding breach of the same or any other covenant or condition of this Agreement. (b) Attorney Fees. In any quasi-judicial, judicial, or administrative proceedings or any other action in any court of competent jurisdiction, brought by either party to enforce any covenant or any of such Party's rights or remedies under this Agreement, including any action or declaratory or equitable relief, each party shall bear their own attorney fees and all costs, expenses and disbursements in connection with such action, unless such action is determined by a court to be brought in bad faith, in such case the court may order attorney fees and costs accordingly. (c) Indemnification. Developer shall defend, indemnify and hold harmless City, its agents, officers, officials and employees from and against all tortious claims, damages, losses and expenses (including but not limited to attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of Developer, their agents, employees, invitees, guests, or patrons in the performance of this Agreement or from any accident or 5 other event occurring on the Property post-construction. Developer's duty to defend, hold harmless and indemnify City, its agents, officers, officials 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 Developer's acts, errors, mistakes, omissions, work or services. (d) Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The signature pages from one or more counterparts may be removed from such counterparts and such signature pages all attached to a single instrument so that the signature of all parties may be physically attached to a single document. (e) Headings. The descriptive headings of the paragraphs of this Agreement are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. (f) Exhibits. Any exhibit attached hereto shall be deemed to have been incorporated herein by this reference with the same force and effect as if fully set forth in the body hereof (g) Further Acts. Each of the parties hereto shall execute and deliver all such documents and perform all such acts as reasonably necessary, from time to time, to carry out the matters contemplated by this Agreement. (h) Time of the Essence and Successors/Assignment and Transfer. (i) Time is of the essence in this Agreement. All of the provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof. (ii) Neither party may assign any of its rights or obligations hereunder, except as mutually agreed upon in writing by Developer and City. (i) No Partnership and Third Parties. It is not intended by this Agreement to, and nothing contained in this Agreement shall, create any partnership,joint venture or other similar arrangement between Developer and City. No term or provision of this Agreement is intended to, or shall, be for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. (I) Assignments/Transfers. The Parties' rights and obligations under this Agreement shall be non-assignable and non-transferable, without the 6 I� prior express written consent of the other party, which consent may be given or withheld in reasonable discretion. (k) Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. All prior and contemporaneous agreements, representations and understandings of the parties, oral or written, are hereby superseded and merged herein. (I) Amendment. No change or additions to be made to this Agreement except by a written amendment executed by the parties hereto Within ten (10) calendar days after any amendment to this Agreement, such amendment shall be recorded, at City's expense, in the Official Records of Pinal County, Arizona. (m) Recordation and Effective Date. No later than ten (10) calendar days after this Agreement has been executed by City and Developer, it shall be recorded in its entirety, by City at City's expense in the Official Records of Pinal County, Arizona. This Agreement shall become effective and shall be binding upon and enforceable by all parties hereto, their successors and assignees, immediately upon recordation in the office of the Pinal County Recorder. (n) Unexcused Delays (Force Majeure). Neither City nor Developer shall be in default under this Agreement in the event of enforced delay due to causes: (a) beyond its control and without fault or negligence, including but not limited to acts of God, acts of the Federal or State government, acts of the other party, acts of third parties, of terrorists or insurgents or other public enemies, litigation concerning the validity or enforceability of this Agreement or relating to transactions contemplated, including the effect of petitions for referendum, or initiative, fires, floods, epidemics, quarantine, restrictions, strikes, embargoes, unusually severe weather or the delays of subcontractors or materialmen due to such causes, (b) bankruptcy, insolvency or similar action, or any foreclosure or other exercise of remedies of any lender; and (c) without limiting the foregoing, any action or inaction of City, its officers, agents, departments, committees, Council, Boardmembers, Commissioners, which delays, directly or indirectly, Developer's ability to comply with any construction schedule. In the event of the occurrences 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 that the party seeking the benefit of the provisions of this section shall within ten (10) calendar days after such party knows of 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; provided however that either party's failure to notify the other of an event constituting an enforced delay shall not alter, detract from or negate its character as an enforced delay was not known or reasonably discovered by such party. 7 (o) Governing Law and Venue. The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either party for the purpose of enforcing a right or rights provided for in this Agreement, shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona. The parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county or jury trial. (p) Severability. Every provision of this agreement is, and will be construed to be, a separate and independent covenant. If any provision of this agreement or the application of the same is, to any extent, found to be invalid or unenforceable, then the remainder of this agreement or the application of that provision to circumstances other than those to which it is invalid or unenforceable, will not be affected by that invalidity or unenforceability, and each provision of this agreement will be valid and will be enforced to the extent permitted by the law, and the parties will negotiate in good faith for such amendments of this agreement which may be necessary to achieve its intent, notwithstanding such invalidity or unenforceability. (q) Conflict of Interest. Pursuant to A.R.S. § 38-511, incorporated herein by reference, the parties understand and agree that this Agreement is subject to cancellation by City or its departments or agencies if any person significantly involved in initiating, negotiating, securing, drafting or creating the contract on behalf of City, or its departments or agency, is at any time, while the Agreement or any extension or modification thereof, is in effect, an employee or agent of any other party to the Agreement with respect to the subject matter of the Agreement. (r) Proposition 207 Waiver. Developer agrees, understands and acknowledges that City is entering into this Agreement in good faith and at the specific request of Developer, and further with the understanding that, if City acts consistently with the terms and conditions herein, it will not be subject to a claim for diminished value of the Properties from Developer. Developer, on behalf of it and its successors and assigns, intends to encumber the Properties with the following agreements and waivers. Developer agrees and consents to all the conditions imposed by this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof, and by signing this Agreement waives any and all claims, suits, damages, compensation and causes of action Developer may have now or in the future under the provisions of A.R.S. §§ 12-1134 through and including 12- 1136 (but specifically excluding any provisions included therein relating to eminent domain) and resulting from the development of the Properties consistent with this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof or from any "land use law" (as such term is defined in the aforementioned statute sections) permitted by this Agreement to be enacted, adopted or applied by City now or hereafter. Developer acknowledges and agrees to the terms and 8 l CO conditions set forth in this Agreement, the Zoning, the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof cause the fair market value of the Properties to equal or exceed the fair market value of the Properties in the absence of this Agreement, the Zoning the General Plan, Applicable Laws, and all permits and approvals issued or granted by City in furtherance thereof, and such "land use laws." IN WITNESS WHEREOF, we have hereunto set our hands and seals on the date and year first above written. • DEVELOPER: By: Mehmood iu in Its: Property O er CITY OF APACHE JUNCTION, an Arizona municipal corporation: c=�/ _ ��— John S. Insalaco Its: Mayor ATTEST: Kathleen Connelly, City CI APPROVED AS TO FORM: icg. 26 09 Richard J. Ctern, nit/Att"rney 9 I� STATE OF ARIZONA ) ) ss. County of pI nGl ) (� The foregoing was acknowledged before me this l h day of r U1 , 2009, by Mehmood Mohiuddin as owner of and on behalf of Dash In Gas &Mini Mart. Notary Public' My Commission Expires: C(.c 3 I,4)vr� (seal) T,LTE 0'=ARIZONA Pral County _`"Y KIMBERLYA HEISER STATE OF ARIZONA ) ) ss. COUNTY OF Pi Poac__ ) The foregoing was acknowledged before me this a 7.4 day of , 2009, by John S. Insalaco, the mayor of City of Apache Junction, A izona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. 1 Notary Pu lic My Commission Expires: (seal) NOTARY PUBLIC ..r "A011":' STATE OF ARIZONA ``• Maricapu County 'r JANET R MASON My Commission Expires 08/31/12 10 Ci'c ) EXHIBIT A LEGAL DESCRIPTION OF PROPERTY (SUPERSTITION MOUNTAIN ESTATES) E LOST DUTCHMAN BLVD �_ _ - - - - - - _ - ® 50' OCl) 1221/27, 446' 40 ,i, 1 ' 1 .1 1 .1 I •1 2 170' �4 2 ze I 0SI0 ` (0? 04 N 0" CO @P I0' 40 4E lj�7) 2 ��6 [ 2 - 3 4 5 ' 6 °� 5 54' 165d6' 165.16' 1"8°' I"51' 7 8 N 1 E Ht➢aLGO ST 071,165.16' 164.B0' O 3ry\ ti q, 95.60 165.16' 165.16' 164.74' q I K P O '41 ® N 1 "� 9D lE ( : DSie� ®° CI 4A \o I 9 10 11 12 z I a 255 115.99' 16516' 16516' 164.39' 660r13 1 E VINDSEING ST ^ _ ^ PARCEL A (PCAP NO. 100-25-04205): That portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15,Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, herein described: BEGINNING at the North quarter corner of Section 15; Thence South 89 degrees 53 minutes 50 seconds West along the North line of the Northeast quarter of the Northwest quarter, Section 15, a distance of 286.40 feet to the Southeast nght of way line of Apache Trail; Thence South 49 degrees 19 minutes 35 seconds West along the Southeast right of way line of Apache Trail, a distance of 50.74 feet to the South right of way line of Lost Dutchman Boulevard and the TRUE POINT OF BEGINNING; Thence continuing South 49 degrees 19 minutes 35 seconds West a distance of 117.21 feet, Thence South 50 degrees 25 minutes 8 seconds East a distance of 153.51 feet; Thence North 38 degrees 44 minutes 35 seconds East a distance of 225.37 feet; Thence South 89 degrees 53 minutes 50 seconds West, a distance of 172.00 feet to the TRUE POINT OF BEGINNING; ZO PARCEL B (PCAP NO. 100-25-04304): That portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter of Section 15,Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona, herein described: BEGINNING at the North quarter corner of Section 15; Thence South 89 degrees 53 minutes 50 seconds West along the North line of the Northeast quarter of the Northwest quarter, Section 15, a distance of 286.40 feet to the Southeast right of way line of Apache Trail; Thence South 49 degrees 19 minutes 35 seconds West along the Southeast right of way line of Apache Trail, a distance of 167.95 feet to the TRUE POINT OF BEGINNING; Thence continuing South 49 degrees 19 minutes 35 seconds West a distance of 78.06 feet; Thence South 49 degrees 40 minutes 25 seconds East a distance of 170.00 feet; Thence North 38 degrees 44 minutes 35 seconds East a distance of 82.12 feet; Thence North 50 degrees 25 minutes 8 seconds West, a distance of 155.51 feet to the TRUE POINT OF BEGINNING; (2Z_ EXHIBIT B SITE PLAN Original can be viewed at. City of Apache Junction Development Services Office 300 E Superstition Blvd. Apache Junction, AZ 85219 . _ (i-' )✓ / , , V I I I , / 1 I , i / i� .i 'IOW � I I 1 I 1 /�°, t of I ..' / � I I / o' '.... 1 ' / • I 1 •8 I CZ . - IIli \/ a / 1 / 1 1:1i t Ix © I tot t cm \ I s . f 1 a I 1� I ' i I I I I I ' I I + 7!-d Y` a = -` i pi 1 q P O 1 .,/ 1 'C --�'®' — — �. — * b_ 4 1 1 I N it gi i o ® 1 i i it' ,00,1111i 15 II E irf i11 ' r..,9 yi 4 s.r A Q `4>Ibill HITCHING POST ... �B. ■ rj ! , _:_. IoCli i r , M14i-Y-Gi1RLIISGIY A EXHIBIT C BUILDING PLANS Original can be viewed at City of Apache Junction Development Services Office 300 E. Superstition Blvd. Apache Junction, AZ 85219 1 e�-ni imam.. =I•r molt mod m-o ••••••1•••411.0 l -11'1 l'Ill �rl,lll .. tOrQ W1DN] �rl;l l'r�r1 wmaamirroodom 1._.r.. I , 1 ['Ili I l-1l ■ ■ I'l� l l/1L1 I re 11 1 1 1 NEMICOS 'l'I'1'�1�' ...,... m l'; d I lllIII III*,i ,i 1111111111 ``IINNIII11110111111 �' :. ...II IIIIIIIIIAIIIIt II—F. II w� 4 t�� �L�;I�Q� I�� ONE 111 11 ■, 10E1 — rr WEST ELEVATION _ ��.a• i 1 i�L 1 1 I i I_1 1 l 1 I,I Tar.op dl LLD W l i'i'II I l'li r 11 1 r( � l I �I LIL l 1 II IrelII III 1-•I I 1 11 , l I `I _ .T r, l . m.cr. I� , �\ 1 t I XY IS • % 4 • - - _ e \ __- __._1._�_ _�_ �— - - -__` EAST ELEVATION m•-d it1 I.. l I 1.IM I I Ira�.� IX.�r 14 I I I I tar.or CILLOP. NallIMPalllanlanllanalliaMMEMENO INI=IV.--...--71.1•1•1 �� ��� MO MS g.. ����IM�=� ����la� ne=1111===a111 IMINIIMINESIMM �� a _a GA11 2-14-p •SYrV4'•1'-O'I MANI PP. SOUTH ELEVATION -i 3.0 BULDING ELEVATIONS IP •rl. �QIl‘ OFFICIAL RECORDS OF PINAL COUNTY RECORDER When recorded return to: LAURA DEAN-LYTLE d� Richard Joel Stern, Esq. DATE/TIME 05/12/09 1611 Apache Junction City Attorney FEE: $11.00 300 East Superstition Blvd. PACES: 4 Apache Junction, AZ 85219 FEE NUMBER: 2009-047880 FIRST AMENDMENT TO ECONOMIC DEVELOPMENT AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND MEHMOOD MOHIUDDIN This Amended Agreement is entered into as of ef , 2009, by and between CITY OF APACHE JUNCTION, an Arizona unicipal corporation (hereinafter the "City") and MEHMOOD MOHIUDDIN, as owner of Dash In Gas & Mini Mart (hereinafter the "Developer") (both collectively referred to herein as the "Parties"). RECITALS WHEREAS, the City and Developer entered into an Economic Development Agreement on February 18, 2009; and WHEREAS, since such time, Developer has experienced difficult and challenging financing obstacles that prohibit completion of the landscaping features and the driveway delineations pursuant to Section 3(B) of the Agreement; and WHEREAS, on April 7, 2009, Developer visited staff and also spoke at the Call to the Public portion of the Regular Council Meeting requesting: 1) a suspension of the landscaping requirements; and 2) issuance of a Temporary Certificate of Occupancy not being contingent on completing the landscaping so that the business can start making money to pay for the landscaping features; and WHEREAS, on April 21, 2009, the Mayor and City Council granted Developer's request to allow Developer a Temporary Certificate of Occupancy without first completing the landscaping, permanent parking delineations and barricade placements, and moved to suspend this requirement until 45 days after the issuance of the Temporary Certificate of Occupancy; and WHEREAS, the Mayor and City Council desires to enhance Developer's success in his new restaurant business and is willing to accommodate his request by modifying Section 3(B) of the Agreement under the terms and conditions of this Amendment. ile AMENDMENT NOW, WHEREFORE, the parties agree to the amendments set forth below: A) Section 3(B) of the Agreement executed on February 18, 2009 shall be replaced with the following provision: 3 Developer's Obligations: Developer agrees to each of the following obligations: . . . . . . . . . . . . . . B) Compliance with Site Plan/Issuance of Temporary and Final Certificate of Occupancy. Developer shall build the Project and improve the Property in accordance with the Site Plan set forth in Exhibit B and Building Plans set forth in Exhibit C, to include all depicted landscaping, parking stalls (shown with a 10% administrative reduction), building improvements and delineated drweway entrances. All improvements to the Property depicted in Exhibit C shall be completed before a Temporary Certificate of Occupancy is granted for the Project. All items in Exhibit B shall be completed except for the landscaping and permanent parking delineations and barricades, which shall be completed within forty-five (45) calendar days from the date a Temporary Certificate of Occupancy is issued. Within ten (10) calendar days after the date the Temporary Certiflcate of Occupancy is issued, Developer shall have completed temporary striping for parking stalls. The Building Official will issue a Temporary Certificate of Occupancy only if Developer has requested a final inspection and has demonstrated to the Building Official's satisfaction that all code requirements are complete. The Building Official will only issue a Temporary Certificate of Occupancy if• 1) the restaurant contains all of the required fire protection systems and means of ingress and egress; 2) all Americans with Disabilities Act ("ADA") structures or facilities are complete; 3) all electrical, mechanical, and plumbing systems are complete; and 4) Developer provides proof from both Pinal County Health Department and Apache Junction Fire Department of their approval for a Temporary Certificate of Occupancy The Temporary Certificate of Occupancy shall include reference to compliance with Section 309.4 of the Uniform Administrative Code as amended by the City, which the Property Owner/Developer shall comply with. If Developer does not complete the permanent parking delineations and barricades placements and landscaping requirements by 5:00 p.m. on the 45`h day after the Temporary Certificate of Occupancy is 2 �" issued, the electrical power to the restaurant will be de-energized at the request of the Building Official, the employees will be ordered to vacate the premises, and Developer shall secure the building from customers. Upon completion of all of the noted requirements, Developer shall contact the Building Official to schedule a final inspection for a Certificate of Occupancy. While the depicted landscaping illustrated in Exhibit B generally complies with or exceeds the zoning standard for required number of plants, the plan does not comply with the zoning standards regarding landscape buffer setback or installation of a perimeter masonry wall Accordingly, the development agreement serves to waive these non- complying landscape elements. B) All other terms and provisions of the Agreement executed by the parties on February 18, 2009 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be duly executed as of the day and year first written above. DEVELOPER: / By: Mehmood iu in Its: Property O r CITY OF APACHE JUNCTION, an Arizona municipal corporation: 7 L•y /t✓4(2-���cr--- B ohn S. Insalaco I . Mayor ATTEST: Kathleen Connelly, City Clerk 3 APPROVED AS TO FORM: 46-- 11 .0`) Richard J. Stern, City Attorney STATE OF ARIZONA ) A4 ) ss. County of ) The foregoing was acknowledged before me this Xtil day of , 2009, by Mehmood Mohiuddin as owner of and on behalf of Dash I Gas & Mini Mart. NOTARY PUBLIC STATE OF ARIZONA Penal County No ry Publ1 YmmigsfaiWg4: ",.1y Commission Exol•es November 15 2011 (seal) STATE OF ARIZONA ) ) ss. COUNTY OF yAQ ) The foregoing was acknowledged before me this 7-'4, day of , 2009, by John S. 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A ►� =fit rOLE LI61-f i cAT 5.E, CoRNeR OF }--kJY 88 47 l-05 i IJT�-fM1R1C ) y009 • y °zo mp 4,, n ) \„:2,2\N N\N N \\, :\ N„,,,,NN . . , am1y • \N. `` , `` , 0$ yq Fx or % _ rr\ mac^, s.: n \, Mg (J 3 it . a OWNER- MOHIUDDIN MEHMOOD HITCHING POST RESTAURANT __. SH SITE LOCATION 2341 N APACHE TRAIL o 12/18/12 ISSUED FOR RENEW APACHE JUNCTION, AZ 8511 J NO. DALE RE SCALE: CH K AWL) PRO ECT N. OR�MNC NUMBER SHEET scA�E: AS SHOWN DESIGNED: SH SH SH 100-25-043A Al 1 OF 1 (N 94ri6'11*tl71 ) ) / / E LOST ]D TI['Cff N _ / 113-1 ,-A J1'-O) A I- NOTE. `;•W ,// \% Q • ALL PEDESTRIAN EMERGENCY EXIT GATES000 I'R'PROPERT'LINE TO REMAIN UNLOCKED DURING BUSINESS HRA. NEW S'TALL SCREENED CHAINLINK FENCE W13'EMFAG IL NEW SCREENING TO BE APPROVED FENCING A , EXIT GATE I- NEW IT EMERGENCY H MATERILL EXIT GATE /� e' WNPSTFR 4 • All P.ARIUNO SPACE ARE S%30 WITH MINIMUM FOUR AREA 0 t 0 NEW S.EMERG % J. \\\/PORTABLE ANNOUNCERS FO (J)PORTABLE LIGHTS WILL BE PLACED AT EXIT GATE n "DI" LIVESTOCK Z .ALL CORNERS OF ARFtU k NEW RODEO A0.FNALOADING AREA =-_ 1 /' WI'fHCTALL FENCE 'r,F ■ f€Ji \\ sc5/ iiiir, C, /' tl LLLJiik/ ZONING;GE23 NERAL CO29 SO MMERCIAL -_ - 3 F ZONING;.GENERALLN MEHMOOD V / USE:GENERAL STORE k RESTAURANT 11111) , I r. on SI II- .24. iN CON PLATTER I 'fllllNIP UJr1 OUSTING CNAINLIN'C FENCE k GATE /,./2�` i- �Ry III O¢ / / �I ¢ / EXISTING FRONT PATIO ^P EXISTING HITCHING POST RESTAURANTkB A.PN:100.15-0OIC 'r ZONING:GENERAL C INTERNATIONAL -R� / �"R OWNER ZION MTERNATONwL LCC �"Yh III USE:PARKING&STORAGE YARD ) / EXISTING REAR PATIO Al • /// REc'p F E B 18 2013 ZONING:GENERAL COMMERCIALI U 1 0 - OWNER:210N INTERNATIONAL LLC 1 ? Ig USE:PARKING k STORAGE YARD ✓// I EXISTING 32 GATE _ _ pW / / SITE PLAN Q.7 o � /C / EXISTING CHAINLINK FENCE r - Z I intermodal Transportation Janice K Brewer,Governor John S Halikowski,Director Jennifer Toth,State Engineer Robert Samour,Senior Deputy State Engineer,Operations Dallas Hammit,Senior Deputy State Engineer,Development 205 S 17th Ave, MD 612E Phoenix,AZ 85007 February 13,2013 Mehmood Mohiuddin Property Owner Hitching Post Restaurant 2341 N Apache Trail Apache Junction,AZ 85119 Subject APN 100-25-043A/General Store&Restaurant Dear Mr. Mohiuddin: Thank you for your notification regarding the referenced subject above After reviewing this information, we have determined that at this time the proposed plan will not have an impact to our highway facilities in this area ADOT reserves the right to review and comment on any and all development plans for the area as to any impact they may have on the State Highway System. Should you have any questions,you may contact me at 602.712.6341 or in writing at 205 S. 17th Avenue, Right of Way Project Management Section MD 612E, Phoenix,AZ 85007. Thank you in advance for your cooperation. Sincerely, 1 1 � Merrisa Marin Right of Way Project Coordinator mmarin@azdat.gov Enclosures(1) Response letter sent via USPS and via email at. tmlovelady@msn.com& dashm@mchsi corn ARIZONA DEPARTMENT OF TRANSPORTATION 206 S 17th Ave I Phoenix,AZ 85007 I azdot.gov ) ) —_ • '..... - _—.-.• ___.._____ _ T-4 'I;,-..,s-c j-c.kyrirrdi-E.:,c_.;,.'T . , k .. x • , .,' NOTE • .: i.T.' .../ ..••••- ,-..".. • t.1.1.-4 1,-B 1_11 tz....1 I ALL PEDESTRIAN EMERGENCY EXIT GATES / ...... 4 I• 11!".PLE I:.I r, TO REMAIN UNLOCK Ep out INC BUSINESS HRS. /./. / 'NEW 11•IIMER 'CT.."- /' ••;:';.............",.1. -. - NEW S.TALL SCREENED CHAINLINK FEISE LV-. • NEW SCREENING TO BE APPROVED FENCIPXI . .,_N.._,....<411.."' , , „ARI.W. 1.x1r aKr ItIATEAIAL 0 — NEW IP ENIERGENCT ".:../1,4 eg. • ALL MEW°SPACE ARE P XNT WITH MININILTI 1..4v4"' .../ \ DUMPSTER TO 1r BACKUP AREA .... ..'`' 2 //,.../ -...„,,• ,., MEW LIME . .r. PORTADLE ANNOUNCER% ,''' MURIA PORTABLE LIGHTS WILL BE PLACED AT 2 ALL CORNERS OF ARENA --. ''. A PODIUM SLIVERTEICIL ../ I' / k NEW ROL/E0 ARENA / •' LOADING AREA/ ../., I r, v ..., ...- WITH CULL VENCE . A 1 ..- .• x // I J I i iwi' '111 .R1S / I ,/ ,R"..C,1,-.• / . . .... './ I \ I .--- .." , . . .. 0 • •• ' C.v....7 / / ‘‘. ic"." L . , • i 1 I , ,.„...? 1. . . . , I 0. J'' ' ... / I, I . I / A.Y)F 100.2.1.011A I i I I LOT SIZE:ARS ACRE137211 St1 Ell ZONING;GENERAL COMMERCIAL ii I i 1 . , OWNER:MOHILIDDITI AIEHMOOD di li II 111:111, r_7I w A . USE:GENERAL STORER RESTAURANT I I I 0 • / I III I li Ilil,I II III hill ill'II.',0/.4', I R 0 1 '1 gIritrrilFbNACri I' 1 I' , . I a ai k i . TOILE I • 4 il II filill 1111 1111 • :.?„.NW" I — // 0 ' . // 2' / e . ....,., . • i! 11 Oil'Ill! r:.17fTra'GrA4."UNK7/' I i A / " / . ,//,/ >s., ii,j'!1'1/1111 1 111 ill 1 11110.. EXISTING FRONT PATIO 1 0 -- .• I . ' 1• ii 1,I RESTAU'll:VI TT A , ' i // / EXISTING IIi III il iic,....11I TII I 11' I .. ..- ,..,. ..." /./ ..• / / ///:.:\i/.k//./N 4s1 11 i 111i111l1 11:1i,1l1I11!:11,t1,,iI1',lI1 1lII I1iI1,I111l 1,I1 111 II;1 ii 1i11'.1 111'11il1'1E iXl III STING R/ /. .1g ) // // / / /i/\' 0 /// / / , N. / 1 / s‘.... 0; A.P.,1:10025.001E //./1 ./ // ' Z ZONING:GENERAL COMMERCIAL //// I 6 2 6 OWNER:MON INTERNATIONAL LIA. I 0 .,,,"g USE:PARKING A STORAGE YARD I 7 el u ..... / / /:/// N- I EXISTING IP GATE I -±' "z . ..... /// / // /// / ,.• . ..,' I ce • w § / / • .. SITE PLAN , /// 4.."----EXISTING CHAINLINK TENCE • ... J_ 40 77.:Sti:� ARIZON.A DEPARTMENT o�P�° `�r (..: <p` ENVIRONMENTAL QUALIT <..,...11 ' �� � 9 Jo A\Q� 1 1 10 West Washington Street• Phoenix, Arizona 85007 Janice K Brewer (602) 771-2300 •www.azdeq.gov Henry R Darwin Governor Director December 21,2011 Mobile Petroleum&Plumbing Attention. Edward Baxter 30514 West Montgomery Road Wittmann,Arizona 85361 RE: Permanent Tank Service Provider Certification Dear Mr Baxter Your application for Tank Service Provider Certification under the Arizona Department of Environmental Quality(ADEQ), Underground Storage Tank(UST)Section has been reviewed. It has been determined that you have met the qualifications and certification requirements set forth in Arizona Administrative Code(A.A.C.)Title 18,Chapter 12,Article 8. The following-identifies the individual who has met the certification - . - requirements,the category"type'and the associated certification number Edward Baxter Decommissioning D00159 Approval Date 12.21.2011 Expiration Date 12.07.2013 ADEQ review of your application is subject to the requirements of the licensing time frames statute under Arizona Revised Statutes(A R S) §41-1072 through §41-1079 and the licensing time frames rules under A A C RI8-1-501 through R18-1-525. ADEQ has determined that the application is administratively complete in accordance with the licensing time frames statute and rules. This is the written notification of that determination required under A.R S §41-1075 and A A C R18-1-503(D) Additionally,ADEQ has granted you a license in response to the above referenced application. This letter is the written notification of the licensing decision required under A.R.S. §41-1076 and A.A.C. R18-1-507(A). This determination may be an appealable agency action under A.R.S 41-1092(3)or a contested case under A.R.S.41-1001(4) You have a right to request a hearing on an appealable agency action or a contested case and to request an informal settlement conference under A R S 41-1092 06 and A A C RI8-1-203. To obtain a hearing on an appealable agency action or a contested case,you must file a notice of appeal within 30 days after receiving this letter. If you ha/any qu stions regarding this matter,please feel free to contact me at(602)771-4316 or toll-free at (800)234 677-xtension 771-4316. Since ely, EDWARD BAXTEI 0 fg V :;Certified indivtduuaf �J ,>�f �{ t aryS Amy Aeed „ ,.fi <e, , Programs and Projects Specialist II f. < °*'', v . DEC VP OMMISSIONING Underground Storage Tank Program + '•, �r,'4. Certification Category ® . D0015.9 %4 '� `, w Certification Number ea4 APPROVE: 12.21.2011, EXPIRE: 12.07.201 Expiration bate Northern Regional Office Southern Regional Office 1801 West Route 66 •Suite 117 • Flagstaff,AZ 86001 400 West Congress Street•Suite 433 • Tucson, AZ 85701 (928) 779-0313 (520)628-6733 Mobile -etroleum and Plumbing LLC. 4 GAS / DIESEL/ CNG / LUBRICATION 30514 W Montgomery Rd •Wittmann, AZ 85361 DASH Inn February 13, 2013 2345 North Apache Trail Apache Junction, AZ. 85219 ATT: "Z" w h 1 1 REF: Petroleum system temporary placed out of service Dash Inn, located at 2345 North Apache Trail,Apache Junction,AZ 85219, petroleum system was temporarily placed out of service, in accordance with NFPA-30/30A, aNational Fire Prevention Code, and applicable ADEQ regulations ➢ Drained and purged all product lines °'' ➢ Drained and purged all tanks ➢ Capped and/or made safe all nsers : ➢ Removed all dispensers System is safe for other activities in immediate areas, (tanks are buned @ top of tank, 5' underground, providing adequate cover with asphalt/concrete). Tanks were purged with nitrogen for additional fire proofing and allowing smoking in immediate area. If you have any questi1 ' r , t.ons, contact me at 623-229- 5681 a • Sincerely: 'le Petroleum and Plumbing LLC r * y k_,- .---1 . .-'----(-1 ., 4, . ,,,,.....„, i , - „, Edward A Baxter ' 623.229.5681 , .: Eba5542@,aol.com 1 4 '''A ADEQ Installation and retrofit certification# INR0032 ADEQ Decommissioning#D00159 . e w • / . O s n a 1 3 ' • t r ' : ' . K Phone 623-229-5681 • Fax 623-773-9435 • Pager 480-475-0327 • E-mail: Eba542 @ aol corn ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY s,, Underground Storage Tank Program (4\ STATE USE ONLY 1110 West Washington Street,Phoenix,Arizona 85007 Facility ID No (602)771-4316♦ (800)234-5677,extension 771-4316 Owner ID No Reviewer/s Initial tjd Data Entry Initial Date Entered I F E B 1 9 2013 I NOTIFICATION FOR UNDERGROUND STORA 1' � 1tial:4y1C11111►5/ (PLEASE TYPE OR PRINT IN BLACK INK) //��(�g�(/�� la. TYPE OF NOTIFICATION(Please check one box and describe the specific reason(s)for �!'Natitidwti.• • ..•. ❑ New Facility ❑ Amendment of Previous Notification 0 Closure at a Facility lb.DESCRIBE(e.g change of contact info,address change,etc) 2. OWNERSHIP INFORMATION (Mark as appropriate) 3. OPERATOR INFORMATION ,Q UST Owner Property Owner ❑Other Date became UST Operator Date became UST Owner Owner Name Person or Business Name e 'Xl.o.4 nok, • �c �As�. �-t Name of Contact Person Name of Contact Person. I'ite-H�IIOO� I OL ,J 11,4 hlili a^^ 1 ZA oU.44l4 Telephone/Fax Number/Email Address 4,2,-01)--3,i7s-iv Telephone/Fax Number/Email Address '`/2o - 7g- Mailing Address Address 01..;*---M• �PA ,� Ta L Mailinga 3 Al ,4 pa��. Ta L City• n. r State. Zip Code City p jAi State.A2. Zip Code If you are not the"Tank Owner"or"Property Owner"but hold"Indicia of Ownership or a"Fiduciary"pursuant to Arizona Revised Statutes (A.R.S) §49-1001 01,mark"Other"in Part 2 and descnbe the type of relationslup to the UST(s)in Part 5 4. LOCATION OF UNDERGROUND STORAGE TANKS(UST)FACILITY(physical location) Facility Name � Street Address 9 �(c �. iZe ,Z- City A pat Q -aNG77v�� Arizona(ZIP) I Parcel No County Township I Range Section Latitude (°) (') (") Longitude (°) ( ) (") Contact Person's Name Telephone Number Email Direction to the Facility (from the nearest city,roads,streets,highways) 5. TYPE OF OWNER(mark all that apply) ❑ COMMERCIAL ❑ FEDERAL GOVERNMENT ❑ INDIAN COUNTRY El LOCAL GOVERNMENT RIVATE ❑ STATE GOVERNMENT ❑ OTHER(please describe) 6. TYPE OF FACILITY(mark all that apply) ❑AIRPORT ❑FARM XGAS STATION ❑HOSPITAL ❑INDUSTRY/FACTORY ❑LOCAL GOVERNMENT ❑PETROLEUM DISTRIBUTOR ❑RESIDENTIAL ❑RAILROAD ❑UTILITY ❑ OTHER(Please Specify) _ _ 7. FINANCIAL RESPONSIBILITY REQUIREMENTST-Mark the boxes which describe the financial assurance mechanisms used. COMMERCIAL INSURANCE ❑GUARANTEE ❑ LETTER OF CREDIT ❑ RISK RETENTION GROUP ❑SELF-INSURANCE ❑ SURETY BOND❑ TRUST FUND❑ OTHER METHOD ALLOWED(specify) 2 Submit necessary documentation in support of the financial assurance indicated above. Notification Form page 1 of 6 Revised November 2009 2®. 8. UNDERGROUND STORAGE TANK SYSTEM - Description of system and usage information TANK IDENTIFICATION NUMBER(e.g 1,2,3,etc) a)Number of compartments in tank b)Date of tank installation c)Date tank was placed m operation ` ,.. d)Total capacity(gallons) e)Substance currently of last stored Ai h:ej t- '4 N �itb� tf 1 M - . `k R 4 Yii 11441,F. hart. �f�3c v- �.�frla,u-._�v���u-c-4r��t F='�h- .<<`'4ia�r.-�h�r �:�i''�.'st._ �.,w F�w.rf R�t�swiiF�r��eF�ni�{�I�.kr ��r��}} ��yy.:.{,i R; • Gasoline Oxygenated Gasoline E-85 Diesel Biodiesel I I New Oil Used Oil , Heating Oil Kerosene Jet Fuel Solvent Antifreeze/Ethylene Glycol Hazardous Substance 1-1 I I f • Unknown 9. TANK Material and structural arrangement(mark all that apply) a Steel Tank Single-walled I Double-walled b, Fiberglass Tank. Single-walled • Double-walled 1 c Composite(steel/fiberglass) d. Other(describe) e Unknown 10. TANK CORROSION PROTECTION (Mark all that apply if corrosion protection needed) Cathodically protected steel 1 Type of Cathodic Protection(Indicate if Sacrificial Anode or Impressed Current) Dates Installed Lined interior(for upgraded UST Systems only) Dates Lined Polyethylene tank jacket Additional corrosion protection not required If tank was repaired, indicate date of last repair Notification Form page 2 of 6 ���� Revised November 2009 Alas deo .,, ., 11. PRODUCT PIPING Material and construction type mark all that ap?ly) , Tank Identification Number from Section 8 a Fiberglass reinforced plastic Single-walled Double-walled b Steel Galvanized Steel Bare Steel ... Single-walled I Cathodically protected Secondary Containment c Flexible Piping Q, d. Unknown e Other(please specify) 12. PRODUCT PIPING Application type(mark only one) Pressure Suction-check valve at the dispenser Suction-check valve at the tank top Suction-foot valve inside the tank -- Gravity feed If piping was repaired, indicate date of last repair 13. RELEASE DETECTION OF TANKS/PIPING (mark all that ap,ly) Tank Identification Number from Section 8 H '';d H ti H ''d H '-d H ''V H "d CD CDx x x DS 7cu CD . CD CD . DC" aoL.0 3 t'-114. 3Y. Manual tank gauging }��' l`w mow. ° tanks of 550 gallons or less 4? :� ;w�- ` .*TOF gat T�Tx A_"J4. ..� }�F.{k F h; 2 YY `LS @'.'fS 1 Tank tightness testing with manual gauging ' f:rM, ,�� -.; I 4' ��A; .... (tanks of 550 through 2000 gallons) f ',lanait; € r .4 ir'` ' yTank tightness testing with inventorycontrols .� L.�4 e..t ; i _ 1 1 � t' ii'? J 1 } �i r i -nw AW :9� --- ` li a ` ke X ' vir' Automatic tank gauging e�* Mt* - Ynay �f; :n;Mg � ;- t ...61 tSYVelgmrO; Vapor monitoring I I I I Groundwater monitoring L I Interstitial monitonng I I (double-walled tank/piping) Interstitial monitonng I I I I (secondary containment) Automatic line leak detector ` x 3 P4,. � s ,'.5 6 V g9 f rF � x' x lax ��.4"iatt,I-• '¢ $L'iI. r +� ?1 a�aauv"1` r �;„ 1 I tan iwtiv t t3e } Zi +yuet, s 'yLrag,—,T*'d`' t,� F ,glos& -BA-goo SLdti +.'aft V'� A*��i 4 .L .oi< L4? #�E Line tightness testing ui o; I �5_ goat i �'� ..1 T. .i. .,.fir„... . F,...,,�,c.,. :.. 4r,,4 g.ta u. ,M `T.e Please specify other methods allowed by ADEQ (e g. SIR) EMERGENCY GENERATOR ' • (Mark box if tank stores fuel solely for use by an emergency power generator) Notification Form page 3 of 6 Revised November 2009 45 . 14. TANK STATUS Tank Identification Number from Section 8 1 2.— a) Currently in use - b) Temporary closure of tank ( 1 [K 1 Date of temporary closure 2 Tank emptied to less than 1"of io, ;`No &sAslo Yes/No Yes/No Yes/No Yes/No product? 3 Release detection maintained? Yes 64170 Yes LICT Yes/No Yes/No Yes/No Yes/No 4 Cathodic protection maintained? Ye ACT,n Yes/No) Yes/No Yes/No Yes/No Yes/No 5 Requested to extend temporary closure beyond 12 months? Yes/Nv( Yes/Nq Yes/No/NA Yes/No/NA Yes/No/NA Yes/No/NA 6 Site assessment completed? Yes/N Yes/Nc Yes/No/NA Yes/N o/N A Yes/No/NA Yes/No/NA 7 Has the extension request been Yes/No u w Yes/No`,� Yes/No Yes/No Yes/No Yes/No approved? (�' �[►- c) Permanent closure of tank 1 Date the tank was last used 2 Date of closure by removal from ground 3 Date of closure in ground 4 Closure site assessment completed? Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No d) Change-in-Service 1 Date of change-in-service 2 Closure site assessment completed? Yes/No _ Yes/No Yes/No Yes/No Yes/No Yes/No _ The space below is provided for your comments and explanation 15. CERTIFICATION I certify under penalty of State law that I have personally examined and am familiar with the information submitted in this and all attached documents and,based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true,accurate and complete. Pnnted Name and Official Title of Owner or Signature Date Signed Owner's Authorized Representative m htim rm dd �a.u,llrn k, 1/10-)){,(6,0,44 o2 - 13 Notification Form page 4 of 6 Revised November 2009 20 ' 16. INSTALLATION INFORMATION & CERTIFICATION , (to be completed by ADEQ-certified Service Provider) Tank Identification Number from Section 8 F -!¢h; _',� �."e,3 .� ��'� -r�' ti �h� +'a::?+ ��N z + "+p. � u d'"+: 1#s � qk�. a Installation mark all that a.el ;C . 'f# kg=0 t t4: �, +°.Yt,� C€a n Fn-*� IsP��i4trI ?�. 1 11 (i)installer certified by tank and piping L [ 1 manufacturers , (2)Installation inspected by an ADEQ-certifiec installer (3)Manufacturer's installation checklists have [ r 1 been completed '.. (4)Another method allowed by ADEQ [ (please specify) b) Spill and Overfill protection (1)Spill device installed [ J [ Date installed ( Type of Overfill device installed Overfill Activation Level Date installed c) Release Detection installed [ 1 Date installed d)Corrosion Protection CP)installed Yes/No Yes/No Yes/No Yes/No Yes/No Yes/No Impressed Current(IC) Tank(T),Piping(P), T/P/FC T/P/FC T/P/FC T/P/FC T/P/FC T/P/FC Sacrificial Anode(SA) Flexible Connector(FC) IC/SA IC/SA IC/SA IC/SA IC/SA IC/SA Date Installed - CERTIFICATION: I certify under penalty of State law that the information contamed in this section is true to the best of my belief and knowledge 44 INSTALLER El VERIFIER El SPILL PROTECTION ❑ OVERFILL PROTECTION ❑ CORROSION PROTECTION I am a T ice Provider Certified by ADEQ My ADEQ Certification No is Expires On SignatureA Title ��/1y�/ Date ,?�/ 1/ �o!�? Name Pr 44 A. ?A?. c-e>. Company Name ihit(D.I.epl!%r",o t..v.v.^ mac' P(a.N(o .Ai C.% 41,6 F. LiR ❑ VERIFIER ❑ SPILL PROTECTION El OVERFILL PROTECTION ❑ CORROSION PROTECTION I am a Tank ice Provider Certified by ADEQ My ADEQ Certification No is. A,D&!itExpires On /247-2,4y '''' Signature ,c,ea,eNC ]J Title "Otie tic,�• Date 2-/2- 20/3 Name u,,,•d A._i1A-jc_. Company Name off up kj,e F i,p L,�r/.vL —6. A L v.w(o."t LL-G- ❑ INSTALLER ❑VERIFIER ❑ SPILL PROTECTION ❑ OVERFILL PROTECTION ❑ CORROSION PROTECTION I am a Tank Service Provider Certified by ADEQ My ADEQ Certification No is Expires On Signature _ Title Date Name Company NOTE Arizona Revised Statutes(A-RS),Title 49,Chapter 6,Section 49-1002 requires owners of underground storage tanks(USTs) to notify the Arizona Department of Environmental Quality(ADEQ)of their USTs on forms prescribed by the Department. The Notification for Underground Storage Tank Form is designed to serve two purposes 1)To register the USTs located at a specific facility,and 2)To inform ADEQ of any changes(amendments)at an UST facility,(e g. installation,closure,method of release detection,change in ownership or change-in-service) Owners and operators of USTs are required to notify ADEQ of all changes at a facility within thirty(30)days of that change PENALTIES Any owner who knowingly fails to notify or submits false information shall be subject to a civil penalty not to exceed $10,000 00 for each tank for which notification is not given or for which false information is submitted _— Notification Form _ �� page 5 of 6 _ _ Revised November 2009 47 17 MAP AND DIAGRAM OF THE UST LOCATION Draw or attach a site map Include buildings and major cross streets around the facility where the UST system is located If there are no major streets/roads near the facility (e g in a rural area), show the direction to the facility and approximate distance from the nearest street/road/highway or any other landmark Facility street address City Arizona (Zip Code) .�. Directions to the facility(in rural locations). • AIN • • LEGEND: Use all symbols that apply I Tank = Piping -11' Fill Tube ® Dispensers © Groundwater Monitonng 0 Manway to Sump C] Manway to Automatic Tank Gauging A Vapor Monitonng II Vent Lmes Notification Form page 6 of 6 ____ Revised November 2009 WE STE ST INC.- TEST CERTIFICATE CLIENT Dash In CONTACT PERSON Z ADDRESS 2345 E. Apache Trail CITY, STATE Apache Junction, AZ 85219 TELEPHONE (480) 983-1756 TANK ADDRESS 2345 E Apache Trail CITY, STATE Apache Junction, AZ 85219 TEST METHOD Estabrook EZY 3 Tank & Line Test/Red Jacket F.T.A. TEST DATE 12/5/12 TANK TANK CAPACITY PRODUCT I'EST LINE TEST #1 9,000 Gallons Unleaded Pass Pass #2 9,000 Gallons Diesel Pass Pass REMARKS The UST/AST system(s) including pressure piping was (were)tested with Estabrook Ezy 3 equipment, which meets State and Federal regulations. Criteria require test methods which have a performance standard of+/-.1 gph. leak rate detection Estabrook Ezy 3 test results will reflect as a pass/fail status. Estabrook Ezy 3 Line Tightness Test results will reflect in gph leak rates. The full system tightness test(s)passed, and is(are) in compliance with regulations. The isolated,pressurized product line tightness test(s)passed, registering below 05 gph leak rate, and is (are) in compliance with regulations The affiliated line leak detector test results are attached SIGNATUREZ 0 BOX 11727 PHOENIX,ARIZONA 85061 (602) 841-2550 FAX(602) 841-2497 49 YN. Y./#7 ,/'\ P.O: BOX 11727 • PHOENIX, AZ 85061 WESTEST INC. (602) 841-2550 • FAX (602) 841-2497 CEZX 3 LOCATOR PLUS PRESSURE CALCULATION &WATER SENSOR CALIBRATION MANUFACTURED BY:ESTABROOK'S INC. I-877-368-721S DATA SHEET DATE 1 Z-5- 12- TANK OWNER 1)Ask IN] TOTAL TANK VOL t 00 O TANK# i - U J`S l_ fiA\ f PRODUCT VOL 4 S l ( LOCATION OAS N- 1 N ULLAGE VOL pp 4 if b ( Zs4- N . A f Aci4E A ( L. PRODUCT TYPE Le-G. UNl/EA-1� C-2 4PAcft AZ L 11 PRESSURE SENSOR CALCULATION "[1 X - 0 ZCo = 1 1 z z. 2 PSI (1) INCHES OF PRODUCT WEIGHT OF PRODUCT X .036 = 0 PSI (2) INCHES OF WATER IN TANK Line 1 + Line 2 = Total Positive Head Pressure In Tank = I . Z Z Z PSI (3) X .036 = -D- PSI (4) INCHES OF WATER OUTSIDE TANK Total Head Pressure Minus Outside Water Pressure — l . 2 Z Z +/- PSI(5) Always add .5 PSI + 0 . S 0 o PSI (6) NOTE: If Line 6 is Less Than .5 PSI Line 7 Shall be .5 PSI TEST PRESSURE _ I . —1 Z Z._ +/- PSI (7) TIME PRESSURE 0 ' ,I Blower Started. (57 = 2-5 0 is 4+7 .e I c mil=s VV `C. Test Pressure Reached: 07 - T 7 ' b Depth of Groundwater Determined. Blower Turned Off: C57 = (P 5-0 , 3 By: c S R.(5 T Test Began: 09 - q $ • 7 Where: 'N S. tie. 6gS -11'A-a/ 1 A Test Ended: 6 -7 -J ( 4-1-8 . 3 c° ' WATER SENSOR CALIBRATION II1 Add Height •I #1 Cal #2 Ca • 3 4 Average: 1 Water Intrusion Te -eriod: vegan: Bottom To Ended: Product Grade Calculation for T-. Period: Tank in I - Ground , er - • 80 = - .05 III • D .. �{� . Ave. . •1. "A" Factor Time • est Water in Tank e " Rrv:04/2001 i PO. BOX 11727 • PHOENIX, AZ 85061 WESTEST INC. (602) 841-2550 • FAX (602) 841-2497 EZY 3 LOCATOR PLUS FINAL REPORT MANUFACTURED BY:ESTABROOK'S INC 1-877-368-7215 DATE IZ-5` 12- TANK OWNER Ditsa I ki TOTAL TANK VOL. qCO° TANK # ' UN(LePrc c PRODUCT VOL. Li S/1 LOCATION Asft ULLAGE VOL. ( 7 g9 2-3t N . Aph-C,“G -T(( I L PRODUCT TYPE UAJL (--1/1-S A P/ U-c a CT, ) AZ THE ACOUSTIC CHARACTERISTIC OF A LEAK REVEALS: TIGHT TANK THIS UNDERGROUND STORAGE TANK PASSES THE CRITERIA SET FORTH BY THE U.S.EPA. ULLAGE (DRY)PORTION LEAK THIS UNDERGROUND STORAGE TANK FAILS THE CRITERIA SET FORTH BY THE U.S.EPA. BELOW PRODUCT LEVEL(WET) PORTION LEAK THIS UNDERGROUND STORAGE TANK FAILS THE CRITERIA SET FORTH BY THE U.S.EPA. WATER SENSOR INDICATES: (CHECK ONLY ONE) NO WATER INTRUSION WATER INTRUSION NOT APPLICABLE Operator Information. Print Name: cilk6AES GROPT J/ Certification # 70c)t 7A.06,,a-)� Sign Name. Expiration Date / z ///7 Testing Firm: Westest Inc. Telephone # (602) 841-2550 Address P.O. Box 11727 Phoenix, Arizona 85061 ti b PO- BOX 11727 • PHOENIX, AZ 85061 ...,7\.,..) ,"\.. W i S T E S T INC. �� (602) 841-2550 • FAX (602) 841-2497 d 1 EZY 3 LOCATOR PLUS PRESSURE CALCULATION &WATER SENSOR C LIBRAm MANUFACTURED BY:ESTABROOK'S INC. 1-877-368-7215 DATA SHEET DATE k 2_ S — 12- TANK OWNER L A S 14 J N TOTAL TANK VOL. ei TANK# 2.- \ - V I E L- PRODUCT VOL. L t 30 LOCATION DA5tt ( 0 ULLAGE VOL. -2 I O 0 Z L{��'++5 N N . 4P/ ,c F 1�--((✓ PRODUCT TYPE 'DI GSEL k�L P-C14-- .- JG f-4 14 a / PRESSURE SENSOR CALCULATION ZZ X - O3( = Cd , ( Y2_, PSI (1) INCHES OF PRODUCT WEIGHT OF PRODUCT --6- X .036 = ---(-4 PSI (2) INCHES OF WATER IN TANK Line 1 + Line 2 = Total Positive Head Pressure In Tank = 0 . Co 2-- PSI (3) X .036 = -f PSI (4) INCHES OF WATER OUTSIDE TANK Total Head Pressure Minus Outside Water Pressure = 0 . (o g 2-- +/- PSI(5) Always add .5 PSI + O. S PSI (6) NOTE: If Line 6 is Less Than .5 PSI Line 7 Shall be .5 PSI TEST PRESSURE = / / 8 2- +/- PSI (7) TIME PRESSURE Blower Started: dR; 1 L} -(1), / S 3 Z - p I Nc S w 'C . Test Pressure Reached. Q c5i. 38 Z• ' Depth of Groundwater Determined. Blower Turned Off: OR `1 i 3 S. Ca By: cJ ANTI S a/2-67i Test Began: 0 : {' 3 3. Where: O J s-/ s vA-7� Test Ended: (T8 `( +0P 3 3 i (o WATER SENSOR CALIBRATION U t Ad d: Hei ht I #1 Cal #2 Ca Average: 1 Water Intrusion Te eriod: egan: Bottom To Ended: Product Grade in 1 /.3 .. Ground' Calculation for Te eriod: Tank Water Ave al. "A" Factor Tim f Test water in Tr., ► _____..71 I . Rrv:04/2001 PO. BOX 11727 • PHOENIX, AZ 85061 WESTEST INC. (602) 841-2550 • FAX (602) 841-2497 EZY 3 LOCATOR PLUS FINAL REPORT MANUFACTURED BY.ESTABROOK'S INC. 1-877-368-7215 DATE L S TANK OWNER TOTAL TANK VOL. 9 G() ) TANK # 2- - I �S PRODUCT VOL. 19 LOCATION I�S ( '3 ULLAGE VOL. '7 ( OC 2 "C N . A-Pikow L PRODUCT TYPE F P �E-I l �C ) A 1 THE ACOUSTIC CHARACTERISTIC OF A LEAK REVEALS: )Kic,iMTIGHT TANK - THIS UNDERGROUND STORAGE T /1:1I CRITERIA SET FORTH BY THE U.S.EPA. ULLAGE (DRY) PORTION LEAK THIS UNDERGROUND STORAGE TANK FAILS THE CRITERIA SET FORTH BY THE U.S.EPA. BELOW PRODUCT LEVEL(WET) PORTION LEAK THIS UNDERGROUND STORAGE TANK FAILS THE CRITERIA SET FORTH BY THE U.S.EPA. WATER SENSOR INDICATES: (CHECK ONLY ONE) NO WATER INTRUSION WATER INTRUSION NOT APPLICABLE Alk \; .'\ 1 Operator Information: Print NameZCJ (��, � /�� Certification # /VO&Ig36 9 Sign Name Expiration Date /z ! I Z Testing Firm. Westest Inc. Telephone # (602) 841-2550 Address: P.O. Box 11727 Phoenix, Arizona 85061 .... i a WESTEST -INC.� ESTABROOK EZY 3 PRODUCT LINE TEST LOCATION St+ (N DATE. 1 2-S 12- ADDRESS. VS A• AP -�(-E 1MI L_ TECH NAME JAt - GP- Fl CITY/STATE. 3c.T ) Az_ TECH # (DOC/ -7/1/o6 aO9( TANK I D #- l PRODUCT ilki E0 LINE MATERIAL F-i- r �` PUMP AGE -7 TEST P.S I. b V SYSTEM PETTW TIME MONITOR/ DATA (+) GAIN GAL. PER RESULT G P H (MILITARY) TEST (-) LOSS LINE RATE on 43 /m3—t 1 S l\A 42_ l = 6:)3'7 7CSiLAT O W1 1-i-2 -e- °e- L4 `f (fZ e- -0 FINAL LEAK RATE: < 0 . p -- GALLONS PER HOUR STATUS 176_C')) LINE LEAK DETECTOR TEST SERIAL RESILIENCY OPENING LEAK HOLDING METERING PASS DNUMBER ML TIME RATE ffJ PSI PSI FAIL P2'840 I09.ML. 36 / / rS / Z Q chPS( ( / LLD MANUFACTURE J (L MODEL Fx l (, P 0 BOX 11727' PHOENIX, ARIZONA 85061 ' (602) 841-2550' FAX (602) 841-2497 ‘C4 WESTEST INC ESTABROOK EZY 3 PRODUCT LINE TEST LOCATION. bA-S 1 1/(J '/ L J DATE I i 5` P.—�J ADDRESS. 2,3 j AS PAc1 /R/f/ TECH NAME iMtJ' (4Peri— CITY/STATE. /P,4( C7 1 #Z_ TECH # ��y017/YY a TANK I.D. # 7, PRODUCT D( SeC.. LINE MATERIAL F-ie-P AGE ? TEST P S I 5-0 PUMP SYSTEM `6- ! 6 7`0 TIME MONITOR/ DATA (+) GAIN GAL PER RESULT G P H (MILITARY) TEST (-) LOSS LINE RATE UO 5 -o03-7 1 s" M . 57 ( i --w032 ��t -2 = 30 M 5"7 -& -cfr -o- 4-s T 5 7 --e - `e- Y FINAL LEAK RATE: Z o.0 sc- GALLONS PER HOUR STATUS fyq S' LINE LEAK DETECTOR TEST ( SERIAL RESILIENCY OPENING LEAK HOLDING METERING PASS NUMBER ML TIME RATE PSI PSI FAIL 41z4°A AV 4/4L- 3.T Zsd 36474 26 Psi O PSI PASS LLD MANUFACTURE 'kE,6 J ) MODEL Fx 1 P.O. BOX 11727' PHOENIX,ARIZONA 85061 * (602) 841-2550'FAX (602) 841-2497 b }' igi) 4 ti.V ti NE UST FA ITY . �, roa r OPERATION INSPECTION ORT oa ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY g'�1) % 1110 WEST WASHINGTON STREET ‘C__ja, . • PHOENIX,ARIZONA 85007 A FACILITY INFORMATION INSPECTION INFORMATION Facility ID#: 0-00 /c f(7 Date ' / 5' /// Type of Inspection'I,% F C R Facility Name 'f,:i" V On-Site Contact '--' • •ak. Facility Address ' .-..r/`:,-- ... / e a l /; ;i On-Site Contact Phone No "<'' '75-• /7 57 Follow-up Contact City r c: c t,.,_ ',, Zip ' //9 - . ' / County: PN R I Follow-up Phone No J/ A'• //' ` /yr- 9./l 1')/'/\ TANK INFORMATION Tate Capacityype Leak Tightness Test Prevention Equip No Installed (gallons) of Contents Detection Construction Method Date Result Spill Overfill I _ / v1 / iair..( ! . I UPS CPS/A CPS/IC ("I'N,.'t.,./ INV MG TT' P F ( Y N `Y N ; FRP COMP DBLWL GWM VPM INT SIR `r S f.1 :t. /. '4.' !;' . 2 ri UPS CPS/A CPS/IC it til,, INV MG TT�A1Cp _. P F ICY N If Y N /� FRP COMP DBLWL GWM VPM INT SIR • '_r- 3 UPS CPS/A CPS/IC NV MG TT AG - P F Y N Y N ..�- FRP COMP DBLWL GWM VPM INT SIR 4 UPS CPS/A CPS/IC INV MG TT AG P F Y N Y N FRP COMP DBLWL GWM VPM INT SIR UPS CPS/A CPS/IC INV MG TT AG P F Y N Y N 5 FRP COMP DBLWL GWM VPM INT SIR _ PIPING INFORMATION. - . No Type Leak Type of Location of Tightness Test LLD Test ....► Of Detection Delivery Check Valves Construction Method System (Suction) Date Result Date Result ] / D / TT.CPS/A CPS/IC GWM VPM PRESS SUCT UNDER TOP OF %P F 7% P F _.._`FRP UPS INT SIR LLD,:i OTHER PUMP TANK 1/f J( -- /1 2 ; L DBLWLL CPS/A CPS/IC _TT GWM v,VPM (PRESS SUCT UNDER TOP OF /(//n SIP F //i' ,_P) F LL(. FRP UPS INT SIR ( D' `- "OTHER PUMP TANK 4 3 DBLWL CPS/A CPS/IC TT GWM VPM PRESS SUCT UNDER TOP OF P F P F FRP UPS INT SIR LLD OTHER PUMP TANK 4 DBLWL CPS/A CPS/IC TT GWM VPM PRESS SUCT UNDER TOP OF P F P F FRP UPS INT SIR LLD OTHER PUMP TANK 5 DBLWL CPS/A CPS/IC TT GWM VPM PRESS SUCT UNDER TOP OF P F P F FRP UPS INT SIR LLD OTHER PUMP TANK Follow-up Financial Responsibility [ ] Follow-up Notification Form [ ] Follow-up Leak Detection [ ] Follow-up Corrosion Protection [ Follow-up Spill or Overfill [ ] Follow-up Not Required [ ] 7+- Inspector's Signature = ' ` ! • /'L 1 Date / ,-) / On-Site Contact Person's Signature r / /1' / Date / -. / { 41111 •1 1 ; �,e•D '^ UST FACILITY NOTICE OF INSPECTION RESULTS �tiEST �° ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY .��r`�o� I "' 1110 West Washington Street 4415A-3 � -- Phoenix, Arizona 85007 ADEQ Help Line 1-800-234-5677, ext 4255 "'EN r�� /9 2 Fax (602) 771- 4346 1 FACILITY INFORMATION e`acility ID# 0-0 0 /9 C' acility Name pet _{h.�iV _ ,-.•c?/L Address* `) ;y.J'At,/ /, /]#lac�,. City/lf,rr��.� 7c.r,�! Zip NOTICE OF OPPORTUNITY TO CORRECT [, '] NOTICE OF VIOLATION [ I NOC NOV [ J RI 8-12-220(C)(2) [ ] Submit documentation demonstrating that steel piping in contact with the ground and routinely containing regulated substances are cathodically protected from corrosion [ ]R18-12-221(C) [ ] [ ] R18-12-220(D)(2) Submit documentation certifying the overfill device activation level(s) ** [ ] R18-12-221(E) Drop tube device[ ] Ball float[ ] Alarm[ ] [ ]R18-12-222(B) Submit a completed Notification Form with the most current and complete mformation for this facility. [ ]R18-12-231(B)(1) [ ] Submit documentation demonstrating that the cathodic protection system was tested within 6 months of installation and at least every 3 years thereafter* 6 month test[ ] most current 3 year test[ ] [ ]R18-12-231(C) ' [ ] Submit documentation demonstratmg that impressed current corrosion protection systems are inspected every 60 days to ensure proper operation. [ ] R18-12-240.(A) [ ] [ ]243(A)(1)Submit documentation demonstrating that regulated substance inputs,withdrawals, and the amount still remaining in the tank are recorded each operating day for the last 12 months. [ ]243(G) Submit copies of the last.12 monthly sensor tests for double-walled tanks[ ] double- . piping[ ]_ [ ]243(H)(1)Submit copies of the Statistical Inventory Reconciliation records for the last 12 months for each UST system �! . [x]243(H)(2)Submit copies of the 0 2 gallon per hour Automatic Tank Gauging test results for the-let 12 nerithea 4.'.2 X r ?/W{:r r4 , j / }t'1,9;trio-)/t q 1/ [ J R18-12-244(A) [ ] Submit a copy of the applicable operational tesi report for each automatic line leak detector [ ] R18-12-244(B) [ ] Submit a copy of the line tightness testing report for each line II' [ ] R18-12-244(C) Submit 12 months worth of leak detection records for pipmg using methods R18-12-243(E)through R18-12-243(H). [ ]R18-12-245(A)(2) [ ] Submit documentation demonstrating all calibration,maintenance and repair of release detection equipment located on site(for the and its components). [ ] R18-12-301(A) Submit documentation of financial assurance mechanism(s)used to demonstrate financial responsibility *Certified by an ADEQ approved cathodic protection tester NOC—Required documentation are located at an alternative location NOV—The required activity was not performed Inspector's Signature •:.__ / i `'`C. Name �I f •(: 4. Date _/ / • ' _On-Site Contact Person's Signature / 7/ !� Name Date. / / /)Th r/`/J I / t�f / /�j / J J l 1 '( J Cf Rev 08/15/06 Page 2 013 T Sr, 01 UST FACILITY NOTICE OF INSPECTION RESULTS �,, if ° ARIZONA DEPARTMENT OF ENVIRONMENTAL QUALITY "AT°E"S A II 1 1110 West Washington Street—4415A-3 V 1, vl7 Phoenix,Arizona 85007 J �` rrrt�Q' ADEQ Help Line(In-State Only) 1-800-234-5677,ext 4255 * '` Fax(602) 771-4346 FACILITY INFORMATION FOLLOW-UP CONTACT INFORMATION Imikacility ID#• 0-00 /9c 7 Follow-up Contact /l/ ;7,)[c r/ !f"i(x�lir/ri,iv racility Name Pa 5/7 -IA/ f' - / Address „�•73 r/$ A/' /I//ei C/, '. 7, et i I -- Address 'J..-7 V 5- /(/ f'(po c/, ,_ %s a, 1 City AA1)a el< 3c 74/ Zip .F S)1 City. A pa r it r /(Ow Zip. .t-, //5 Fax Number BASED ON THE f/ 1- / /r INSPECTION,WHICH INCLUDED A REVIEW OF ALL AVAILABLE FACILITY INFORMATION,THIS FACILITY IS NOTE ,,]" IS[ ] IN COMPLIANCE WITH ARIZONA REVISED STATUTES(A.R S) §49-1001 THROUGH 49-1021 AND ASSOCIATED ADMINISTRATIVE RULES. NOTIFICATION OF CORRECTION OF DEFICIENCIES ['� r] Provide evidence of correction of the above deficiencies to the address listed above within 45 days of the date of ...this notice Send the information to the attention of the inspector whose name appears below Documentation that must be submitted along with the evidence of compliance may consist of reports,photographs,inventory records,or any other relevant information.If an inadequate response,or no response is received within the time frame specified, a Notice of Violation will be issued to this facility NOTIFICATION OF CORRECTION OF VIOLATIONS ] --Provide evidence of`correction of the above violations and compliance with the regulation(s)within 45 days of e' date.of this notice Send the information to the attention of the inspector whose name appears`below Documentation that must be submitted along with the evidence of compliance may consist of reports,photographs, inventory records,or any other relevant information.If an inadequate response or no response is received within the time frame specified,formal enforcement will be considered for this facility 45th DAY FROM THE DAY OF THIS NOTICE IS ''fi 2/11 If you have any questions concerning the above information,contact the ADEQ,inspector at(602)771- ;/% .fie', t e','e ?h 4Ile i r Inspector's Signature `% �"��`� :•i-'W���� Name:�`- s ° Date -1 / r / !� On-Site Contact Person's Signature 7 '/v7/z 0�/. r'f Date _� / = / Page 2 of 3 John Hetzel -Owner Licensed and Insured rEB 3 2p13 480-650-6003 �D L-1716775-8 johnnybullfight@yahoo corn Spear J Cattle CooAparty a rodeo cos par,..a where safety afwa s COKACS 'first To the Apache Junction City Council, I John Hetzel the owner of Spear J Cattle Co. am writing this letter in regards to the safety concerns by the council. I have also attached a short company bio for a brief description of what we are all about Your concerns our valid and these are the same concerns every contractor must address across the nation before an event can take place The Public! With out the public we have no event So it is in our best interest to keep the public and our contestants safe We have submitted an arena drawing that is widely used by roughstock contractors throughout the country. This format is used locally at the Buffalo Chip ( Cave Creek , Az ) , Roadrunner Saloon ( New River , Az) , Rawhide Old West Town ( Chandler , Az.) and Western Trails Some believe that bigger is better but not when working with bulls Having this smaller arena keeps the animals contained in a area that is easier to maintain safety than a 300' arena used for roping. We keep everything in close proximity so that our personnel are able to respond at a much quicker rate. This allows our bull fighters and contractor personnel to not only respond to our competitors but also to the spectators as well There will also be a safety barrier/fence arround the arena so that no spectators get to close.Along with the safety barrier there will also be sufficient lighting so that not only the public is giving a chance to witness great performances but to allow our staff and riders to see and know their surroundings and give everyone ample means of egress I take safety serious The persons that I work with take saftety as serious as I as well After over 18 years participating in this sport as a rider, clown , bull fighter and now a stock contractor I know what it takes to put on a quality event These are just a few examples of a long list of customers that I have worked with as a contractor for the past 5 years Starting with Rawhide , Your once local store Rodeo Hard Youth Event , along with Cowboys for Kids and for the past 2 years nationally known Cave`Creeks 59 Running of the Bulls Each one of these events presented its own safety challenges but when working with people whom I trust and share the same ideals for whats best to keep everyone safe we have had continual success in maintaining exactly what your concerns are about I would like to thank each and everyone of you for giving us the opportunity to bring this event to your city and hope that we are able to come together and bring in some real fun and entertainment to your city. Thank You, John Hetzel -Spear J Cattle Co .r Traffic Vehicle Count Saturday, March 2, 2013 Highway 88 4 Traffic Count - l0am - 6pm 4,969 vehicles passing East & West in front of 2341 Apache Trail (Hitching Post Restaurant) Traffic Count - 6pm - 10pm 495 vehicles passing East & West in front of 2341 Apache Trail (Hitching Post Restaurant) This traffic count was conducted by volunteers on behalf of the Hitching Post Restaurant. Witnesses: Notary: State of Arizona) County of \`)\\(.01\(-,aS ) On this, the -z day of bx, , 20 `3 , before me a notary public, the undersigned officer, personally appeared three witnesses known to me or satisfactorily proven to be the person (s) subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness hereof, I hereunto set my hand and official seal. •,, sorry M LOVE/MY Pu -Arls laaricoPac y Notary Public t> r' ... _ 2- 2573 1 ---70--/AArtiebnce.6.7____ -- .Z7__Busi-er bi/bob f AVizi 4/60 a) Atiiii_t_ aorte/ - :)_Loc9k 00eip/Ae-A Al- 7117 c 4,iled-1 A. I-dh e bkhiJLtht' ___A571-Saloon 4sr tkp eerov:15 &1/- tnern fverpls, I: AA s laid Mai AP ill kilt II 14/9 J2,-Lklikki_jijacha7ky_ &ei2j1 khe Vett- eon/radar ,_icgma.t._ZoV lithiimafiAy Roe I e_b__Ac A-74--7i /(a r'S - - A ....ig. bin.k..._/' cia -- _ his I- ffh-I opem/&"? I.,- All/7 valued. 7—:7 helLtok.._____tjJ l etc.eni-ii, 1- ls 5,11-0Lon is iyort,___thar) aretes_Air Lx27:271 Ili- 2Ld', Zn4h Me • 3.,telie 1 el iwifY fr fc,")64, .',.?,.>a.h 4 5 .____Innh -c_i7c,..',2______l_ _ Inci /-6 Pap spec Ador.s Pre p,-7 he.,,t, k els-e Axekicl • ktre 1-7w. "Tr&cetec-- le a-chi-JP e a M 1 1 hot A IA S rIV7 .... r GIS 64 i4 h (we-lc pl- ,-cyc,atiti_ii-e rehlet,piiik.1, -Ik:s Lztacti oe.marc i-krAn _, 8 . -sovAi __coricrn J. kiikh--/A4---thCC-• - 322 ,53_,z, ___ ROL L VOTE r\,1 NOTES r (\‘k31 VY\ / 4° Y \\,$) 5\. \ ITEM # MEETING 0 Q_AXI/Wj MOTION BY: SECONDED BY: YES NO ABSTAINED VICE MAYOR DIETZ COUNCILMEMBER WILSON COUNCILMEMBER BARKER COUNCILMEMBER SERDY COUNCILMEMBER EVANS • COUNCILMEMBER WALDRON 1// MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 7 I MOVE THAT THE SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEEN THE CITY OF APACHE JUNCTION AND THE OWNERS OF THE HITCHING POST AND DASH IN PROPERTY IN ORDER TO EXPAND THE DEVELOPMENT TO INCLUDE A BULL RIDING ARENA AND RELATED ACTIVITIES ON THE PROPERTY (BE APPROVED) OR(BE DENIED) OR BE APPROVED WITH THE FOLLOWING AMENDMENTS A. '` = City of Apache Junction O 2 Home of the Superstition Mountains :zost•• Print TO: City Manager's Office FROM• James W. Hazel, Jr. Presiding Magistrate DATE. March 5, 2013 Agenda Type : Regular Agenda Council Priority Focus Area: Required by Federal Law or State Statute TITLE OF AGENDA ITEM: DISCUSSION AND CONSIDERATION OF APPOINTMENT OF DEPUTY CITY MAGISTRATE. ACTION REQUESTED: Recommendation for Approval DISCUSSION / BACKGROUND INFORMATION. Consideration of the appointment of Paula Burgess as deputy city magistrate for a term ending January 15, 2015 FISCAL IMPACT: Budgeted Expenditure OPTIONS/ALTERNATIVES: City Code Requirement RECOMMENDATION. ATTACHMENTS: Click to download L] Memo regarding Deputy City Magistrate Appointment APACHE JUNCTION MUNICIPAL COURT 300 E. SUPERSTITION BLVD. APACHE JUNCTION, ARIZONA 85119 480-982-8250 TO Mayor and City Council FROM: James W Hazel, Magistrate RE Appointment of Deputy City Magistrate DATE February 21, 2013 At the March 5, 2013 meeting, I am requesting the appointment of deputy magistrate Paula Burgess. Several years ago the city ordinances were modified to permit the appointment of deputy city magistrate(s). The deputy city magistrate(s) receive a nominal monthly salary ($50/mo ) and are usually the first individuals contacted when a substitute judge is needed. They are also contacted for warrants or emergency police matters if I am not available. Judge Paula Burgess is recommended for this position. An additional judge is necessary as Deputy City Magistrate Rebecca Standage will soon become a seasonal resident of Arizona The judges never accepted the nominal salary. Section 5-1-5 of the Apache Junction City Code provides for the appointment of Deputy City Magistrates The usual procedure is to appoint these individuals for a two year period. The current Deputy Magistrate and Pro-Tem appointments expire on January 15, 2015. Suggested motion: "I move that Paula Burgess be appointed as a Deputy City Magistrate for the term of April 1, 2013 through January 15, 2015; and, The appointment is to be effective for said term after the execution of her respective Oath of Office." ontik 1 ` ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS J COUNCILMEMBER SERDY COUNCILMEMBER BARKER /l/rCOUNCILMEMBER WILSON VICE MAYOR DIETZ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL -\) ... p AMIlk ITEM NO. 8 I MOVE THAT PAULA BURGESS BE APPOINTED AS A DEPUTY CITY MAGISTRATE FOR THE TERM OF APRIL 1, 2013 THROUGH JANUARY 15, 2015, AND THAT THE APPOINTMENT BE EFFECTIVE FOR SAID TERM AFTER THE EXECUTION OF HER RESPECTIVE OATH OF OFFICE. ROLL CALL VOTE NOTES 4 _ C D\AA° 4.\(12 ITEM # \, MEETING OF l MOTION BY 0 SECONDED BY W./V YES NO ABSTAINED COUNCILMEMBER SERDY J VICE MAYOR DIETZ V COUNCILMEMBER EVANS J COUNCILMEMBER WILSON I / COUNCILMEMBER WALDRON k./ COUNCILMEMBER BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL V AIM • ITEM NO. 9-10 I MOVE THAT AN EXECUTIVE SESSION AT 5:45 P M. AND A WORK SESSION AT 7:00 P M BE HELD ON MONDAY, MARCH 18, 2013, 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, MARCH 19, 2013, IN THE CITY COUNCIL CHAMBERS ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL WS: C' REG '" SPEC CITY COUNCIL: P / A r P I P / A MAYOR INSALACO / VICE MAYOR DIETZ V/ COUNCILMEMBER BARKER COUNCILMEMBER EVANS COUNCILMEMBER SERDY //t/ COUNCILMEMBER WALDRON COUNCILMEMBER WILSON TOTAL CITY STAFF: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly V City Attorney Joel Stern `✓ / Deputy Chief Tom Kelly , / Interim Public Works Director/ ��V// City Engineer Giao Pham Parks & Recreation Director Jeff Bell Library Director Spencer Paden Finance Director Donna Meinerts Development Svcs. Director Brad Steinke Human Resources Director Liz Riley Assistant to the City Manager Matt Busby V �, y OTHERS: '