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2013 10.15 City Council Regular Agenda
^ ?=� City of Apache Junction, Arizona Meeting location City Council Chambers at City Hall Agenda 300 E Superstition Blvd A g Apache Junction,AZ 85119 City Council Work Session www ajcity net Ph (480)982-8002 Monday,October 14,2013 7.00 PM City Council Chambers A. CALL TO ORDER B ROLL CALL C. AGENDA ITEMS 1. Discussion on the City of Apache Junction's 4-day 10-hour work week Discussion only. 2. Annual interviews for board and commission appointments and reappointments This item gives council the opportunity to interview all valid applicants and those current members requesting reappointment for the Construction Code Board of Appeals, Health and Human Services Commission and Municipal Property Corporation Appointments for these boards and commissions are scheduled for the October 15 City Council Meeting Interviews. D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7 00a—6 00p, excluding holidays, from the City Clerk's office located at .�. 300 East Superstition Boulevard, Apache Junction, AZ 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 pnor to the scheduled time City of Apache Junction,Arizona Page 1 Printed on 10/7/2013 ��� lb4 -:14\ City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 1 File ID 13-301 Sponsor Jeff Serdy Agenda Date• 10/14/2013 Index City Internal Issue In Control City Council Work Session ••\ Discussion on the City of Apache Junction's 4-day 10-hour work week Discussion only Councilmember Jeff Serdy is desirous of a discussion on the city's 4/10 work schedule, in particular what people generally think and if it is working for our community Attachments• bk City of Apache Junction,Arizona Page 1 Printed on 10/7/2013 .., �.�= City of Apache Junction, Arizona 300 E Superstition Boulevard r i r:t Agenda Item Cover Sheet Apache Junction AZ 85119 r Agenda Item No.2. iNk-r."ci.:2.1` File ID: 13-317 Sponsor Kathy Connelly Agenda Date 10/14/2013 Index. In Control.City Council Work Session Annual interviews for board and commission appointments and reappointments This item gives council the opportunity to interview all valid applicants and those current members requesting reappointment for the Construction Code Board of Appeals, Health and Human Services Commission and Municipal Property Corporation Appointments for these boards and commissions are scheduled for the October 15 City Council Meeting Interviews Attachments.2013 b&c appts 2nd half interviews City of Apache Junction,Arizona Page 1 Printed on 10/7/2013 SEPTEMBER 24, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH GEORGE HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR OCTOBER 14, 2013 (BOARD/COMMISSION INTERVIEWS) Interviews for the October 14 work session are for all valid applicants and reappointees for the Construction Code Board of Appeals, Health and Human Services Commission and Municipal Property Corporation. There are no positions open for the Industrial Development Authority and Public Safety Personnel Retirement Board. The Construction Code Board of Appeals has two year terms of office. The Health and Human Services Commission and the Municipal Property Corporation have three year terms of office. There are vacant positions on the Construction Code Board of Appeals. Most individuals whose terms are expiring have indicated a desire to be reappointed The following list includes (a) current board/commission members who have expressed interest in being reappointed, (b) new applicants who have expressed interest in being appointed to a city board or commission and (c) applicants previously interviewed but not appointed and the applications are less than two years old. Letters were sent to all applicants and those requesting reappointment for the boards/commissions. Copies of the talent bank applications have been given to council in an accompanying notebook If an applicant for reappointment/appointment is currently on another board/commission, it is so noted under "Additional Comments" in each section of the notebook Construction Code Board of Appeals (three positions) Reappointments New Applicants John Ford Ed Barker Chester Burgess Jesse Gage Dennis Hall Kenneth Wright Health and Human Services Commission (one position) Reappointments New Applicants None Ed Barker Judy Borey Dennis Hall Rudolph Tameron Municipal Property Corporation (two positions) Reappointments New Applicants Luciano Buzzin Ed Barker Jodene Weeter Jesse Gage Dennis Hall P 7 r..,,. City Apache A ache Junction, Arizona Meeting location ,-t:';' ' -‘, :` City Council Chambers .�. at City Hall Agenda 300E Superstition Blvd g Apache Junction,AZ /'=a t; 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,October 15,2013 7 00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review pnor 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 Consideration and action 2. Approval of minutes of regular meeting of October 1, 2013 Consideration and action 3. Consideration of the procurement of fleet vehicles for the current fiscal year Staff requests permission to move forward with the purchase of budgeted vehicles for the Police, Public Works and Parks & Recreation departments Vehicles would consist of one new replacement Ford F-350 Super Crew Pickup for the Parks Division of the Parks& Recreation Department, a new replacement plug-in hybrid electric vehicle for Fleet Division of Public Works for motor pool use, a replacement Ford Explorer for the Crime Investigations Division of the Police Department, and five replacement Ford Utility Police Interceptors for the Patrol Division of the Police Department Staff requests authorization to purchase the vehicles through Chapman Ford through the cooperative State Contract#ADSP 12-016662 in an amount not to exceed $247,298 41 Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 10/7/2013 City Council Meeting Agenda October 15,2013 4 Consideration of approval of the procurement of fleet equipment for the current fiscal year Staff requests permission to move forward with the purchase of a budgeted lightly used 2011 replacement pneumatic tire-wheeled roller for the Public Works Department Streets Division Staff requests authorization to purchase the roller through Empire Caterpillar Apache Junction via the City of Tucson cooperative contract #120377 in an amount not to exceed $67,280 00 Consideration and action 5 Consideration on the ratification of award of contract to J Banacki Construction for project#PWC2013-12 "Palm Wash/Southern Avenue Drainage Structure Repairs" in an amount not to exceed $220,000 00 Consideration and action. E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time 6 Proclamation designating the week of October 23 through 31, 2013 as Red Ribbon Week Presentation. 7 Proclamation designating November 2013 as Epilepsy Awareness Month Presentation. 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 8. City manager's report Presentation and discussion. H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appearing before the council City of Apache Junction,Arizona Page 2 Printed on 10/7/2013 City Council Meeting Agenda October 15,2013 9 Application for an agent change, acquisition of control -restructure, series 10 liquor license for Diamond Shamrock Arizona #1647 located at 2341 S Ironwood Drive The next step in this 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 Consideration and action. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a wntten request-to-speak form with the city clerk J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk 10. Annual appointments and reappointments to the Construction Code Board of Appeals, Health and Human Services Commission and Municipal Property Corporation Council interviewed all valid applicants at the October 14 Work Session This item gives the council the opportunity to appoint or reappoint applicants to board and commission positions Consideration and action. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. Executive Session at 5 45 P M and Work Session at 7 00 P M for Monday, November 4, 2013 12 Executive Session at 5 45 P M for Tuesday, November 5, 2013 Other meetings if necessary City of Apache Junction,Arizona Page 3 Printed on 10/7/2013 City Council Meeting Agenda October 15,2013 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 junsdiction of the city after being warned such issues are beyond the funsdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion 1)respond to criticism by a speaker,.2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker N. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction, AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays If any person with a disability needs any type of accommodation,please notify Human Resources at (480)474-2617 or(480)983-0095(TDD)at least 72 hours prior to the scheduled time City of Apache Junction,Arizona Page 4 Printed on 10/7/2013 CITY COUNCIL REGULAR MEETING OCTOBER 1, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 1, 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 Barker Councilmember Evans Councilmember Rizzi 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 Tom Kelly Finance Director Donna Meinerts Assistant to the City Manager Matt Busby Others Present • Program Coordinator Heather Patel Senior Planner Rudy Esquivias REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 1 OF 32 ACCEPTANCE OF CONSENT AGENDA _) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT ITEMS 9 AND 10 BE MOVED TO FOLLOW ITEM NUMBER 11 Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco read a proclamation designating October 2013 as Domestic Violence Awareness Month and presented it to Community Alliance Against Family Abuse Executive Director Elizabeth Ditlevson Garman Community Alliance Against Family Abuse Executive Director Elizabeth Ditlevson Garman gave a brief presentation on domestic violence . Councilmember Rizzi commented she goes to their Disco Fever event every year and it is a lot of fun. She encouraged others to attend. Vice Mayor Barker thanked her for all the work she does in the community. She has seen it first hand and she does a wonderful job. Mayor Insalaco read a proclamation designating November as National American Indian Heritage Month. Mayor Insalaco presented an Arizona State University alumni award to Vice Mayor Barker for her service to the community. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson reminded everyone of the Lost Dutchman Days Rodeo Royalty putting on a benefit barrel race on October 26 to benefit a young girl needing a liver transplant . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 2 OF 32 Vice Mayor Barker commented Apache Junction was the first city in the state to pass a proclamation supporting the "Start By Believing" awareness campaign which deals with domestic violence victims . Since that time Prescott, Prescott Valley, Florence, Pinal County and a couple in Maricopa County have also passed the same proclamation. The proclamation went out statewide via the chiefs of police The mayors in Maricopa County will be passing the proclamation this month and tonight it is being �.. passed by Marana It will be a statewide campaign started here in Apache Junction. Councilmember Serdy announced last Saturday the city was the cultural epicenter of the valley with two concerts, the grand opening of the DeGrazia exhibit at Superstition Mountain Museum, and the concert by Domingo DeGrazia. The volunteers and Arizona Rangers were great After that was the Kiss concert at the Eagles which was a lot of fun done by Psycho Circus . The Eagles asked if they could allow kids next year. Councilmember Evans announced there is a community-wide wellness Two Ton Transformation event sponsored by the multi-gen center and Mountain Health and Wellness . Currently there are 120 people signed up There is still time to sign up Councilmember Evans announced the first Farmer' s Market will be December 14 at Earth Heart Park Community Garden. There will be art and music Every Saturday between 8-9 a m. Jennifer McGraw is offering a free Tai Chi class . CITY MANAGER' S REPORT City Manager George Hoffman commented on Apache Junction Fire District Fire Inspector Tina Gerola receiving a President' s Award from the Drowning Prevention Coalition of Arizona; the national medicine/drug turn in October 26 , read a thank you letter from residents to Park Rangers Joetta and Victor, read a note from Parks and Recreation Director Jeff Bell commenting on the assistance the park rangers do for other departments; and announced volunteers are needed for an open space trail clean up on November 23 at Prospector Park Assistant City Manager Bryant Powell announced that the International City Managers Conference last week honored City REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 3 OF 32 Manager George Hoffman for twenty-five years of service amongst his peers PUBLIC HEARINGS APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR THE FESTIVAL OF THE SUPERSTITIONS ) City Clerk Kathleen Connelly briefed the council on the item Mayor Insalaco requested the applicant address the council . Mr Leonard LeFlesch, president of the rotary club, addressed the council . They are set up, they will have the rangers in there and it is inside a fenced area. They are hoping for nicer weather as it was cold last year 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. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR NOVEMBER 9-10, 2013, SUBMITTED BY LEONARD LEFLESCH, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Wilson SECONDED THE MOTION. VOTE• Unanimous. The motion carried. APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR LA CASITA OF AJ REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 4 OF 32 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council Mr. Gilbert Martinez stated he talked to Rudy and requested to change it to the north side instead of the east side. The west side will be used as a walk through. There will be a fence around everything. Vice Mayor Barker asked how large an area it will be . Mr. Gilbert Martinez stated it will be no more than ten feet from the building to the front The west side will only have a walkway as they could only use six feet on the west side . Vice Mayor Barker asked if there would be a gate from the outside going into that as well as an entrance from the restaurant . Mr. Gilbert Martinez stated that is correct Vice Mayor Barker commented she did not understand the kind of materials he said he was going to use. She asked if the fence would be wrought iron Mr. Gilbert Martinez stated .•. that is correct Vice Mayor Barker asked how many tables he thought it would hold out there. Mr. Gilbert Martinez stated no more than probably six. They would be small Councilmember Waldron asked if he planned on putting any signage on the fence REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 5 OF 32 /\ /� Mr. Gilbert Martinez stated no, probably not . He wants to leave it open so people can see . Councilmember Waldron commented he is not going to have anything on the fence to obstruct the view. Mr. Gilbert Martinez stated he would not . Councilmember Waldron commented the north side of the building puts this right at Apache Trail Mr Gilbert Martinez stated that is correct . Vice Mayor Barker asked if this would be covered. Mr. Gilbert Martinez stated it would not . Vice Mayor Barker asked if he would be putting umbrellas on the tables . Mr Gilbert Martinez stated he would have umbrellas and other things . Vice Mayor Barker commented he would have some way of shading the guests from the heat . Mr. Gilbert Martinez stated that is correct 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 PERMANENT EXTENSION OF PREMISES FOR REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 6 OF 32 LA CASITA OF AJ, SUBMITTED BY GILBERT MARTINEZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR THE NORTH SIDE OF THE BUILDING. Councilmember Wilson SECONDED THE MOTION. VOTE : Unanimous The motion carried. ORDINANCE NO 1394 , REZONING CASE PZ-5-13 , A REQUEST BY HUDD AND EILEEN HASSELL, REPRESENTED BY EDMIR DZUDZA, TO REZONE A 0 . 37- ACRE PROPERTY LOCATED AT 2888 W. 16TH AVENUE FROM TRAILER HOMESITES ZONE TO CONVENTIONAL SINGLE-FAMILY RESIDENCE ZONE BY PLANNED DEVELOPMENT Senior Planner Rudy Esquivias briefed the council on the item. Mayor Insalaco opened the public hearing on the item There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT ORDINANCE NO. 1394 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. Councilmember Waldron SECONDED THE MOTION VOTE: Unanimous . The motion carried. City Clerk Kathleen Connelly read the ordinance by title only. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 7 OF 32 Vice Mayor Barker MOVED THAT ORDINANCE NO 1394 , AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED VOTE: Unanimous . The motion carried. RESOLUTION NO. 13-34 , AUTHORIZING THE SUBMISSION OF A FISCAL YEAR 2014 BROWNFIELDS ASSESSMENT GRANT APPLICATION FOR FUNDS TO CONDUCT A COMMUNITY WIDE PHASE I AND PHASE II ASSESSMENT FOR POTENTIAL PETROLEUM AND HAZARDOUS MATERIALS CONTAMINATION Program Coordinator Heather Patel briefed the council on this item Vice Mayor Barker asked if there is a city match or leverage associated with this grant . Program Coordinator Heather Patel stated there is not . None is required In the application the city illustrates its commitment to the downtown with projects that have been done and projects that are looking to be done. Those are, in essence, the leverage towards the project but it does not have to become a formal adoption as a resolution. Vice Mayor Barker asked if theydo receive this ^grant these assessments would be available to folks who might have a project in mind Later on they could utilize the information. Program Coordinator Heather Patel stated the idea is that property owners willingly would come to the table and say they have a perception there could be some contaminants on the property. Phase I would be conducted and, if necessary, Phase II The information is for their use to sell the property, to share with the potential new property owner and that helps them sell the property Neither they nor the prospective property owner has to pay for it . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 8 OF 32 Vice Mayor Barker commented this will be driven by people who want their property to be assessed, not an entire downtown cart blanche assessment Program Coordinator Heather Patel stated absolutely. The city is not going to force anybody to do anything. It is at their will and they would be asking us to do this for them. Councilmember Waldron asked if there are monies available in this grant to help the landowner mitigate the hazard Program Coordinator Heather Patel stated there is not That is a separate application They are hoping once they do the Phase I and Phase II they can then seek grants for clean up but that would only be for properties the city would potentially own There is a piece of property for sale and a Phase I and Phase II have been conducted. The city decides to buy it . The city could apply for funds to mitigate the issue. We would not be able to apply for those funds for a private entrepreneur to use Councilmember Waldron commented this is to assist them in identifying it and they would mitigate the hazard however they felt necessary Program Coordinator Heather Patel stated that is correct Councilmember Rizzi commented she thought they had a discussion on Phase I about how much it would cost a property owner if they were to pay out of pocket Program Coordinator Heather Patel stated it could be somewhere between $4, 000 and $10, 000 . Phase II could be about $50, 000 . The cost ranges depend upon what is found. The clean up would certainly be very expensive. Mayor Insalaco opened the public hearing on the item. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 9 OF 32 r.. .� Mr. Clark Smithson, 1700 S. Weaver Drive, Apache Junction, addressed the council . He thinks it is a marvelous thing and staff should be congratulated. He thought an application had already been made before and was turned down He is happy to hear another effort is being made It could potentially make some properties available that would be very difficult to sell at the present time . Mr. Jeff Struble, 953 S . Air Warner, Apache Junction, addressed the council He stated they are applying for a grant that is federal money that is being used to bail out private busy owners who have not taken responsibility for their own property They are waiting for the government to do these inspections for them so they can then apply for a loan or sell the property. It is hard to argue with it as it will help the city, but he is of the opinion it is a misuse of public funds . Mayor Insalaco closed the public hearing with no one else wishing to speak. He reopened the item to council discussion Councilmember Rizzi commented one of the things they have to remember is that it is money that is available . It will be used by other communities that will apply for this grant . She does not think it is a good idea for the city not to apply for it . We are not guaranteed to get it but we have some properties in our downtown that are eyesores and this could help get those properties moving and it would help beautify the downtown Councilmember Serdy commentedAir some of the property owners are no longer here The properties are vacant and this could help them help these properties to be useful . Mayor Insalaco closed the discussion with no further comments and called for a motion. Councilmember Waldron MOVED THAT RESOLUTION NO. 13-34 , A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY, ARIZONA, APPROVING SUBMISSION OF A GRANT APPLICATION TO THE U. S . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 10 OF 32 ENVIRONMENTAL PROTECTION AGENCY, WHEN THEY REOPEN, FOR FEDERAL BROWNFIELDS FUNDS FOR THE ASSESSMENT OF COMMUNITY WIDE SITES WITHIN THE CITY OF APACHE JUNCTION, ARIZONA, AND DECLARING AN EMERGENCY, BE APPROVED Councilmember Evans SECONDED THE MOTION. VOTE : Unanimous The motion carried. PROPOSED SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE OWNERS OF HITCHING POST AND DASH IN BUSINESSES/ APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC LOCATED AT 2341 N APACHE TRAIL There was a general discussion on doing both of these items but having separate public hearings for each item and separate votes on each item. Senior Planner Rudy Esquivias briefed the council on the second amendment to the development agreement Councilmember Waldron commented he was talking about the extension of premises allowing people to go around the outside of the bull ring and drink. He asked if the extension of premises would include the bull ring area as well ; everything within the external boundaries Senior Planner Rudy Esquivias stated he thought they would have to interpret it that way It was not drawn up specifying this area and only the area around the arena would be the extension of premises Logically, no one will be drinking inside the arena and no one will be drinking where the animal pens will go. Should for any reason the bull riding venue be discontinued and they still have the extension of premises area, people could still go in there if there is a REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 11 OF 32 dance, band or something else. Conceivably, people could use the arena for a celebration or party. Councilmember Evans commented one of the concerns she has is the number of people who attend these events elsewhere, which is up to a thousand people While we hope this one will be that successful, she asked if the facility is set up with enough bathrooms there for a large crowd because this is not on the sewer, or would there have to be some changes made. Senior Planner Rudy Esquivias stated he had an extensive discussion with the building official today Basically, it works as if this is a building extension When the Hitching Post and the little outdoor patio were approved, it was approved subsequent to an occupancy load of 99 persons Now the premises is proposed to be extended to this area that will kick in additional building code requirements . If this request is approved, Mr. Mohiuddin needs to have his architect come in and talk to the building staff about what else needs to be done to this building to bring it up to building code for that many people If people will be primarily entering through one location and participating in activities located by the bull ring and exiting through the same spot , this all works together as one large building. It increases the occupancy load They are no longer at 99; they are way over 99 They may need to sprinkler the building. They may need to provide wider exit doors . They may need to provide additional bathroom fixtures . Additional building requirements will kick in if this request is approved. Councilmember Rizzi asked how they calculate the extra need for building code requirements when they have an outdoor venue She sees where it is easy to calculate for an indoor venue, but not an outdoor. Senior Planner Rudy Esquivias stated there is a difference between how the building code calculates things and how the zoning ordinance calculates things. The zoning ordinance is unclear about parking requirements for a venue of this type. It is in a reserved section and is up to the discretion of the zoning administrator As mentioned at the work session, there will need to be 20 REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 12 OF 32 parking spaces on the existing property and offsite there are about 53 parking spaces They do not know at this point if that will really be enough. If Mr. Mohiuddin has a 500 person night attendance, they will have to keep an eye on the parking to see how it works, if there are problems and if that amount can be accommodated The building code section applies the design occupant load in determining means of egress . This is how people get out of a building or area. The number of occupants �► for whom means of egress facilities shall be provided shall be determined in accordance with the building code section wherein when occupants from accessory areas, the area around the building, exit through a primary space, the calculated occupant load from the primary space shall include the total occupant load of the primary space plus the number of occupants egressing it from the accessory area. Think of it as the building getting bigger He does not know what the calculations are as he is not the building official but that is basically why additional building requirements will kick in. Mayor Insalaco commented he said they would be twenty minutes on and twenty minutes off or whatever the time is . He asked if they would be going inside when they are not out there. Senior Planner Rudy Esquivias stated they can hang out in the back patios . Mayor Insalaco commented that they are able to go inside, too. Senior Planner Rudy Esquivias stated that is correct . Mayor Insalaco commented there is not going to be someone at the door telling them they cannot come in Senior Planner Rudy Esquivias stated that is correct . Councilmember Wilson commented he drove down there and went down Cortez . He went around to each intersection and sat at each one. He did a visual for potential parking on this street From State Route REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 13 OF 32 88 to Cortez, parking in that area there would make it very difficult to see down Lost Dutchman. If there is parking on the north side, where the Elks Club is with two entrances into their lower parking lot, he is concerned about parking along that area and the view sheds . If one is coming south on State Route 88 and want to turn onto Lost Dutchman into oncoming traffic, it could be very tight . He was wondering if the city could make that a no parking area . He would like them to agree to a no parking zone. City Attorney Joel Stern stated a while back the city council authorized the city engineer to make the determination on stop signs The process used to be where the city council would say whether a stop sign should go in based on certain warrants . Warrants are studies on traffic patterns and traffic accidents That is for stop signs . For no parking signs it would be up to the city engineer. It is well within the city engineer' s discretion to decide whether no parking signs will be posted The city would make the signs and put them in. It can be done. The development agreement talks about the parking to the south and to the north. He believes there is a lease agreement for the parking to the south where there are 53 spaces He does not think there has been a negotiated lease agreement with the Elks to the north. Possibly Mr. Pew can talk about that . It might be an option for them in the future if this takes off and is very successful . If there are no parking signs, individuals who do park there could be subject to an immediate tow. It would be considered a dangerous area to park, especially if there is that much traffic . State Route 88 would be under the Arizona Department of Public Safety jurisdiction. Their position is they do not give warnings; they just tow the car if they think it is an immediate hazard. It is '^ different than a freeway situation because there are only two lanes with not a lot of room. On a freeway one can see cars off to the side on the road. Usually an orange sticker is on them giving them a certain amount of time to get rid of the car. He hoped that answered their question. Councilmember Serdy commented a few weeks ago he asked if there have been any other problems at any of the other venues or if there had been any escapes, crippling injuries or maulings . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 14 OF 32 Assistant Planner Rudy Esquivias stated he did pose that question to the applicant and they are prepared to address that tonight . He has not gotten a response to that particular question. He believes Chief Kelly checked with other police jurisdictions where this type of venue occurs and there have not been any special problems generated from these events . Mr. Pew should answer the question about any bulls jumping fences . Mayor Insalaco requested the applicant address the council Mr Ralph Pew, 1744 S . Val Vista Drive #217, Mesa, addressed the council representing the applicant He stated the issue seems to have taken on proportions of grandiose problems . He wanted to answer as many of those questions that might be on their minds . He commented this is not a zoning case It is not a special use permit . It is a matter of amending an existing development agreement in place on this property. An outdoor entertainment is an allowed use by right under the current zoning. There are certain obligations and responsibilities from the city do to this development agreement but more specifically the property owner. This request is an amendment to the development agreement to allow this use for the reason there is not enough parking on the site itself . This is a classic example of remote parking. Many municipalities have codes that authorize remote parking as a matter of a mathematical calculation They turn in an agreement with a neighbor for remote parking and everything works . The code for Apache Junction is different . They are here asking to amend the agreement with the specific recognition that additional parking will be necessary at this point on the south side . Mr. Esquivias went over the safety issues very well but he wanted to highlight a few The plans for the safety on the site show two 6' stockade fences anchored into the ground with sufficient strength and design to rein in the bulls. Two people most concerned about the safety are the owner of the stock, with the animals being his livelihood and his wanting them safe, and the property owner who wants safety for the spectators The 8' fence beyond that is a safety fence to keep patrons of the restaurants who want to watch the bull riding from going out into the street or beyond. They cannot access the site without going through the restaurant . It is what limits the number of REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 15 OF 32 people that come here . Unlike otner venues that the police department accurately reported to them where there is 1 , 000 people or more, this site could never accommodate that They would love for it to be successful, but this site can only accommodate as many people as the building code allows to occupy this building and the number of people calculated according to the building code attributable to the open space, ambulatory area . A percentage of the square footage is attributable to human beings going in and out of the buildings . There will not .�. be massive crowds here . The capacity is determined by the building code Based on that , they have sufficient parking and sufficient provisions so it will not get overrun. If they were to invite thousands of people this would become a stand-alone rodeo arena where you pay to watch the event . Here they simply enjoy a meal, a drink, and as a side benefit, watch the bull riding There is a concern about the speed of traffic on North Apache Trail . It is an important issue but there is no access there . There is an 8 ' fence with a polypropylene cover that has 96% opacity that will not allow people to see what is going on there It will not be a safety problem as they have to come off the road into the parking areas to enjoy the restaurant and the venue . With respect to Councilmember Wilson' s comment about parking on Lost Dutchman and State Route 88, they can do whatever they want as there is no intention of ever allowing anyone to park there . It is public right-of-way and they cannot do certain things but they have no intention of allowing that to happen. They do not expect enough people at this site to need that . They have talked about the lighting There is specific lighting for the arena itself and there is lighting around the edges, especially to the north and that comes to the south of the site so pedestrians are safe as they walk through there . From an access point of view one cannot just find one' s way into this place without going through the restaurant . That is what brought up the safety code issues of ingress/egress, size of the exit doors, sprinklers and all those building code issues that the owner will have to deal with if the council approves the amendment and the extension of premises He does not know how the issue from the Elks Lodge arose regarding the parking The owner had an agreement with someone who appeared to have authority on behalf of the Elks Lodge . He has no clue what happened to investigate that further. If what they have heard is true, authorization to allow a lease with the Elks must come REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 16 OF 32 from a board of directors on a grander scale than the local club Mayor Insalaco stated it is called the Grand Lodge. Mr Ralph Pew stated is what it is The Grand Lodge has jurisdiction over all of them. For their purposes tonight, they can assume there is no lease with the Elks . They do not need it It is possible they could meet with them and negotiate with them if needed in the future The development agreement clearly addresses that issue . They agree with the revised draft of the development agreement as it relates to parking and what happens if it is not available . It answers the two questions specifically raised by the council at the work session. One question was how the city would know if the lease is terminated. They have inserted a provision in the development agreement that requires the owner to notify the city within 10 days after the lease becomes terminated for any reason. The other question was what happens if the bull riding venue terminates as the extension of premises theoretically still exists . It is an issue between the state liquor board and the owner. The owner has agreed to contract with the city that if that venue terminates he will voluntarily agree to restrict or constrict the premises extension to only the area behind the restaurant and the convenience store. There will not be an occasion where entertainment will be occurring out here or where drinks will be in the area. It is clear the site is within the bounds of existing rights-of-way for the city and for the Arizona Department of Transportation. Councilmember Waldron raised a good point about compatibility with surrounding ... landowners Even though public outreach is not required for this issue, they did it and followed up on it . They have written letters by 5 or 6 owners in the vicinity who support this plus many of the patrons who come to the restaurant . The packet contains a letter from a Mr. Kellow who objects to the use He lives about one mile to the south and east of the site. He does not believe the site will adversely affect him or his life. There is no outdoor music . The only amplified sound that will come from the site is the announcer announcing the rider It is no different for him than being adjacent to a little league field for an hour or two in the evening. If it were from 10 p.m. to 2 a m. , that would be a different story. It is at a REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 17 OF 32 reasonable time . They believe it is fine from a compatibility point of view. He requested their approval of the development agreement amendment He commented a bull riding arena manifests the tradition, the culture, heritage and theme of the western traditions here . Councilmember Wilson asked if there will be no speakers out there that will have music or the band that will be going on inside the restaurant . Mr. Ralph Pew stated the only amplified noise generated outside is the announcement of the riders The two hours is twenty minutes on and twenty minutes off and it will be a function of how many riders show up. They could have ten one night and five the next . It only lasts for a few seconds He could not imagine what it is like but it does not last long. Councilmember Wilson commented it is eight seconds . Councilmember Evans commented she totally agrees that this is the perfect thing for Apache Junction and she does not think any of them do not want this . They are not here for a zoning and know why they are here It is a very difficult agreement . It is not an average, run of the mill agreement by any stretch of the imagination. That is what has brought us to all of these questions and issues She has no doubt the stock contractor has this completely under control . It is how he makes his living. The council has to worry about the people . We have answered a lot of their questions They still have a lot more issues One of them is they simply do not see a lot of people showing up They do not see 500 people showing up, that there is an occupancy limit . She asked how that is going to be regulated. She asked if someone would be selling tickets, how many people would be allowed out there and how many would be allowed back in Mr. Ralph Pew stated this will initially be self-regulated. The site can only accommodate a certain number of people and that number will be determined through the building code and their work with the head of the building department . If more people turn up than that they will REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 18 OF 32 have to be turned away. They cannot accommodate them. If they do not do it themselves, the fire marshal or police department will be out there soon if it is violated The same problem occurs at a church, and when it gets popular no one shuts the door. Councilmember Evans commented there is no bull there . Mr. Ralph Pew stated they do have a contractual agreement and hopefully a degree of confidence and trust amongst each other. He agrees this is highly unusual . He has been doing this for 34 years and this is the first bull riding arena he has ever had the chance to deal with. Mayor Insalaco commented the council gets accused all the time because people do not want them to put up three story buildings downtown. They do not want to block the view of the mountain. Here they want to put up an 8' fence and cover it with plastic It is ugly to have that chain link fence covered with plastic in the middle of a beautiful area. It is inconceivable for him. Mr Ralph Pew stated he does not have a good answer to his perception on how that will look. Mayor Insalaco commented they have another one in Gold Canyon with a perfectly good riding stable right behind it . He asked what was wrong with taking it out there . Mr Ralph Pew stated here is where the people who own the businesses would like to have the venue . Mayor Insalaco commented that he understands . City Clerk Kathleen Connelly briefed the council on the extension of premises application. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 19 OF 32 Mayor Insalaco requested the applicant address the council . Mr. Ralph Pew stated they recognize what the city clerk has indicated The extension of premises is an issue between the state liquor board and the owner They have agreed to put in the development agreement that if the bull riding venue ceases, they have a contract with the city to restrict the location of alcohol outside . If they .11., do not restrict it, the city can terminate the development agreement Councilmember Waldron asked what kind of guarantee is there the applicant will , in fact, do that They have had situations in the past where they have had to stop the building because he did not have the proper permits There have been issues in the past where he has not cooperated with the city He has worked around the code . He asked what kind of guarantee the city has that if the bull riding ceases to exist that he will , in fact, pull that premise back and pull those people back. Mr. Ralph Pew stated the guarantee they have is contractual . If the owner fails to do that the city can terminate the agreement and perhaps, broadly enough, there would not even be enough parking spaces to accommodate anything going on at the site without the arena As he understands some of the history of this case, it has always been a little bit tight as it relates to parking. The city would have every remedy available to the city upon termination of the agreement and the use that is part of the agreement . Councilmember Waldron commented he is saying they would have to do the effort to enforce the agreement rather than some guarantee from the applicant saying he will, in fact, go by this agreement . Mr. Ralph Pew stated they are making that statement tonight . They are on the record saying they will agree and abide by that condition He cannot say it any more clearly than that . Unfortunately, even with municipalities, if there is a breach of that then one of the other parties has to enforce it They do not want that to REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 20 OF 32 happen. He made the commitment they will not extend liquor use if the bull riding arena ceases He does not know how to guarantee it outside the confines of the written agreement . Councilmember Evans asked what procedure the city would have to go through if that does not happen and this continues on. She asked if it would be a civil issue and how they would actually make that happen. City Attorney Joel Stern stated it would have to be an action at law, probably in the form of an injunctive relief action. He does not believe there are any contractual damages but there would be some kind of legal remedy. They would go before a court and say they agreed to this and they are violating the development agreement that is in place They would ask the court to order them to stop. It would be in the form of equitable relief by the judge . There are costs associated with that such as attorney fees . It can get very nasty in those situations . Mayor Insalaco opened the public hearing on the item Ms Sharon Fillmore, pastor of the AJ Cowboy Church, Apache Junction, addressed the council . She commented she has lived here for 7 years and if she wants something to do she goes to Mesa to see a movie She has been to a rodeo once and enjoys bull riding It is as much a part of Apache Junction as anything having to do with cowboys . The cowboys are looking for a place to carry on tradition and have some fun. She believes the city could use the extra revenue it would bring in She asked them to vote yes and have fun in Apache Junction. She commented she has never been to a Diamondback game and not had to stand in line to use a restroom. She is sure Mo will accommodate everyone. She lives a couple of miles from there and has no problem with it . Ms . Hayley Schultz addressed the council . She stated it would be her dream to have this facility out here Mr Sam Buckham, 628 W. Tepee, Apache Junction, addressed the council . He has been with REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 21 OF 32 the Lost Dutchman Rodeo for 22 years . He stated the plan they have here is better than what we have now. It is safer and the plastic can be colored to be adapted to the landscape . He urged them to vote for it . Mr. Bruce "Slim" Meyer, 2200 N. Delaware #49, Apache Junction, addressed the council He commended the council for recognizing the Native Americans in November. He likes bull riding. The city has it at Lost p Dutchman Days, but some people do not like to watch football , they would like to watch bull riding. They would like more than three days a year. He can see over 6' fences and he does not think an 8' fence will block out the range of the Superstitions. The arena is not that long to block out the view. He urged them to vote for the arena . He asked why they would want to send the business to Gold Canyon when they could use the tax money here in Apache Junction Bring the people to Apache Junction and not another city. Mayor Insalaco commented they must understand the city makes no money off of liquor. There will be no money off of the entertainment . The only money the city will make will be off of the food. If the occupancy is only 99 people, it will not be any more than it was before . For them to say the city could use the tax money, the city will not make any money off the liquor. Mr Doug Springer, 7373 E Highway 60, Gold Canyon, addressed the council . He recently purchased some land here in Apache Junction. He is a general contractor here . Police officers are never called to the Hitching Post He has been going there for over 5 years and he and his wife got married there It is an honorable establishment . Law enforcement is very rarely if ever called to that establishment because of the crowd he attracts . He commented the place would bring a lot of publicity to the city This is one more step in bettering this community. He believes the owner is honorable, respectable and will honor his commitment to this council and the city. He will not have concerts out there if the bull riding does not succeed He has great support from the people here tonight . It is something that will attract people to the area He is an Elks member and REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 22 OF 32 a lot of people there support this, regardless of the parking lot . He urged them to approve this tonight Ms . Juanita Meyer, 2200 N Delaware #49, Apache Junction, addressed the council She understands their concern for the dangers of bull riding. This is safer than the rodeo arena and there is no way a bull can get out of there. Their number one concern is public safety. The .. 8 ' fence points towards the west and there are no developments on State Route 88 It is Bureau of Land Management land to the northeast and northwest and no one lives there The Elks Lodge is across the street and blocks no view The 8 ' fence will not block anyone' s view and it can become aesthetically pleasant to the eye Anyone who has built a fence can do so. She believes they have done everything the city has asked of them She urged them to approve it Mr Rick Haddo, 6303 E. Windsong, Apache Junction, addressed the council He and his wife go the restaurant and he believes this will be a destination. It is a component of Apache Junction, along with Goldfield Ghost Town. It will bring people to the other communities and restaurants The parking situation on State Route 88 is only a problem when the museum is full He was in management for Arizona Department of Transportation and no one gets their car taken away on the highway. He thinks it would be more appropriate for them to park on Lost Dutchman if they do not want to take the chance on getting their car dinged. He does not see the parking concerns . He urged them to approve it Mr Mark Schultz, 1511 E. Scenic, Apache Junction, addressed the council . Regarding the revenue and not getting any tax money, the bull riders will need a place to sleep in the motels He is a traveling bull rider and goes to Village Inn for breakfast . There is some type of revenue they will bring to the city. They support the city and community and he asked for the support of the council . Mayor Insalaco announced he would only allow one more person to speak. Mr Todd House, 5027 E. Hidalgo, Apache Junction, addressed the council He stated he REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 23 OF 32 was worried about the size of the bull ring. He was at a meeting in Fort Worth, Texas and went to Billy Bob' s, the world' s largest honky tonk. It holds 2 , 000 people They have several different side venues and one is a bull ring He saw the size of the bull ring and it is very small . He watched a couple of cycles It is not like a rodeo; it is a bull riding event . There is plenty of room for the event . The ring here is large enough to accommodate bull riding. It can be done . Mayor Insalaco closed the public hearing and called for any further discussion. Councilmember Serdy commented he agrees with the attraction and creating the buzz He thinks the property owner has done everything we have asked and he cannot see how they can deny the rights to do this . He thinks it is the council ' s job to help insure successful businesses, not to stop them. Councilmember Waldron commented he has some genuine concerns . He is concerned about the performance of the applicant in the past performances as far as what he has done and not done cis required by this city. That concerns him a little bit . If this is approved it will require some pretty close monitoring. He does not argue with the entertainment value He grew up in Montana around rodeos . They are great and he loves them. But there are some public safety issues . He thinks the applicant has addressed the majority of the issues There has been nobody here to speak out against this . Privately they have but they are not here tonight . He still has a major concern about the performance of the applicant in the past as far as adhering to the development agreement p Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT THE SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN 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. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 24 OF 32 Councilmember Serdy SECONDED THE MOTION. VOTE • 6-1 (Mayor Insalaco voted in opposition ) (Councilmember Wilson commented during the vote that one of the things he wanted to make sure of and that everyone understands is the parking in the areas. People have addressed that to him ... but he thinks working with the applicant and the city can address those issues in the future. ) The motion carried. Mayor Insalaco called for a motion for the extension of premises . Councilmember Waldron MOVED THAT THE APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HITCHING POST LLC, SUBMITTED BY MEHMOOD MOHIUDDIN, BE RECOMMENDED FOR DENIAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL BASED ON (A) THE APPROVAL OF THE DEVELOPMENT AGREEMENT AND IMPROVEMENTS ASSOCIATED WITH THE BULL RIDING VENUE AS OUTLINED IN THE EMAIL FROM SENIOR PLANNER/ZONING ADMINISTRATOR RUDY ESQUIVIAS TO DEPUTY CITY CLERK JAN MASON DATED SEPTEMBER 17, 2013 ; AND (B) THE PARKING AND PUBLIC SAFETY CONCERNS AS OUTLINED IN THE MEMO FROM LIEUTENANT JEFF ROBINSON TO DEPUTY CITY CLERK JAN MASON DATED SEPTEMBER 19, 2013 . Vice Mayor Barker SECONDED THE MOTION. �•. VOTE : 4-3 (Councilmembers Serdy, Wilson and Rizzi voted in opposition. ) The motion carried Mayor Insalaco called for a short break. Mayor Insalaco reconvened the meeting. OLD BUSINESS REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 25 OF 32 None. NEW BUSINESS ANNUAL BOARD AND COMMISSION APPOINTMENTS AND REAPPOINTMENTS FOR BOARD OF ADJUSTMENT, LIBRARY BOARD, PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT CHESTER BURGESS AND DENNIS HALL BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR TERMS EXPIRING OCTOBER 31 , 2016 Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous The motion carried. Mayor Insalaco commented they have three positions for the library board. City Clerk Kathleen Connelly stated they had originally not heard from Boardmember Drew Rappleye about if he wished to be reappointed He has now decided he wishes to be reappointed. Mayor Insalaco called for a motion. Vice Mayor Barker asked who was it that wished to be reappointed. She knew Tess Nesser wanted to and Jackson wanted to. She asked who else wanted to be reappointed City Clerk Kathleen Connelly stated Drew Rappleye wanted to be reappointed. Originally we had not heard from him and he finally indicated he wanted to be REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 26 OF 32 reappointed. They are the last three people listed on the cover sheet . Councilmember Rizzi asked if those are reappointments . City Clerk Kathleen Connelly stated those three individuals wish to be reappointed. Councilmember Waldron MOVED THAT TESS NESSER AND RHONDA JACKSON BE REAPPOINTED TO THE LIBRARY BOARD WITH TERMS TO EXPIRE OCTOBER 31, 2016, AND I MOVE THAT DON BREILAND BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31 , 2016 . Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous on Tess Nesser and Rhonda Jackson, 6-1 on Don Breiland with Councilmember Rizzi voting in opposition (During the vote Councilmember Rizzi asked if Drew Rappleye was wanting to be reappointed as well . City Clerk Kathleen Connelly stated originally the library staff had not heard from him and we did get an update that he had decided he wanted to be reappointed. Councilmember Rizzi asked if she could vote for two or are we voting all three at once . City Clerk Kathleen Connelly stated she can introduce another motion. Vice Mayor Barker commented the roll call has already started on this vote . Councilmember Serdy commented they have put them on one at a time in the past . City Clerk Kathleen Connelly stated they can do it whichever way they want . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 27 OF 32 Councilmember Serdy commented it is surprising to him. Councilmember Rizzi commented her only concern is she has two she wants to vote for and she would have to say no to all three if they are voting all three together. City Clerk Kathleen Connelly stated she could say yes on this person, yes on this person, and no on this person. .-► City Attorney Joel Stern stated she can do that ) The motion carried. Mayor Insalaco commented there are two positions open for the parks and recreation commission Two are wishing to be reappointed Councilmember Waldron MOVED THAT MONA BARTON BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2016 . Vice Mayor Barker SECONDED THE MOTION VOTE Unanimous . The motion carried. Councilmember Waldron MOVED THAT JUDY BOREY BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2016 . Vice Mayor Barker SECONDED THE MOTION. VOTE. 6-1 . (Councilmember Evans voted in opposition. ) The motion carried Mayor Insalaco commented the last one is planning and zoning. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 28 OF 32 Aaft. p Councilmember Waldron MOVED THAT COLLEEN HILL BE REAPPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2016 Councilmember Wilson SECONDED THE MOTION VOTE: Unanimous . (During the vote there was general discussion about the other position. ) The motion carried. Councilmember Waldron MOVED THAT ROBERT SCHROEDER BE APPOINTED TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2016 Vice Mayor Barker SECONDED THE MOTION. VOTE Unanimous The motion carried. DIRECTION TO STAFF IMPLEMENTATION OF A CHARGE FEE FOR ITEMS RETURNED TO THE CITY FROM THE BANK FOR NON-PAYMENT Finance Director Donna .�. Meinerts briefed the council on the item Councilmember Waldron asked how two cities get away with $35 if state law says $25 . Finance Director Donna Meinerts stated there are other fees they are probably combining into it, such as their bank fee. She was just showing a break out of the city' s charges . They are figuring out what their actual charges are . Their bank fee may be $10 , she does not know what bank they are with REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 29 OF 32 Mayor Insalaco closed the discussion with no further comments and called for a motion. Vice Mayor Barker MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING IMPLEMENTATION OF A CHARGE FOR ITEMS RETURNED TO THE CITY FROM THE BANK FOR NON-PAYMENT. THAT THEY ESTABLISH A RETURN PAYMENT FEE THAT IS UNIFORM THROUGHOUT THE CITY TO HELP COVER COSTS INCURRED FOR ITEMS RETURNED TO THE CITY FROM THE BANK FOR NON- PAYMENT, PER THE GUIDELINES OF THE ARIZONA REVISED STATUTES . Councilmember Wilson SECONDED THE MOTION. VOTE • Unanimous . The motion carried AMENDMENTS TO CITY CODE CHAPTER 5 MUNICIPAL COURT REGARDING A PROPOSED REQUIREMENT THAT FUTURE DEPUTY CITY MAGISTRATES BE ACTIVE MEMBERS OF THE ARIZONA STATE BAR ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco closed the discussion with no comments and called for a motion. Councilmember Waldron MOVED THAT THE FOLLOWING DIRECTION BE GIVEN TO STAFF REGARDING AMENDMENTS TO CHAPTER 5 MUNICIPAL COURT REGARDING A PROPOSED REQUIREMENT THAT FUTURE DEPUTY CITY MAGISTRATES BE ACTIVE MEMBERS OF THE ARIZONA STATE BAR AND IF WE DO THE OTHER NECESSARY UPDATES TO CHAPTER 5 WOULD THAT BE SUFFICIENT? City Clerk Kathleen Connelly stated it would as they are still looking at it . Councilmember Wilson SECONDED THE MOTION. VOTE• Unanimous REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 30 OF 32 The motion carried. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5 .45 P.M AND A WORK SESSION AT 7 . 00 P.M. BE HELD ON MONDAY, OCTOBER 1, 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, OCTOBER 15, 2013 , IN THE CITY COUNCIL CHAMBERS . Councilmember Waldron SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC- None. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 9 . 30 p m. Consent Agenda Items are as follows : 1 Acceptance of Agenda. ... 2 . Approval of Minutes of Regular Meeting of September 17, 2013 . ACCEPTED THIS 15TH DAY OF OCTOBER, 2013 , BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 15TH DAY OF OCTOBER, 2013 . JOHN S INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1 , 2013 PAGE 31 OF 32 ATTEST. KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION — I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 1st day of October, 2013 . I further certify that the meeting was duly called and held and that a quorum was present Dated this 8th day of October, 2013 . , - /- r /.. . ,..._Ariett-i ,,_.([7,----, ,,,,..,c,-(-- :y-' KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 1, 2013 PAGE 32 OF 32 ., Z` Y') City of Apache Junction, Arizona 300 E Superstition +',y) Boulevard ,1, c t Agenda Item Cover Sheet Apache Junction,AZ 85119 '‘'- Agenda Item No.3. er1/�''"t' File ID: 13-313 Sponsor. Shane Kiesow Agenda Date. 10/15/2013 Index Budgetary Item, Public Safety In Control:City Council Meeting a Consideration of the procurement of fleet vehicles for the current fiscal year Staff requests permission to move forward with the purchase of budgeted vehicles for the Police, Public Works and Parks & Recreation departments Vehicles would consist of one new replacement Ford F-350 Super Crew Pickup for the Parks Division of the Parks& Recreation Department, a new replacement plug-in hybrid electric vehicle for Fleet Division of Public Works for motor pool use, a replacement Ford Explorer for the Crime Investigations Division of the Police Department, and five replacement Ford Utility Police Interceptors for the Patrol Division of the Police Department Staff requests authorization to purchase the vehicles through Chapman Ford through the cooperative State Contract#ADSP 12-016662 in an amount not to exceed $247,298 41 Consideration and action. This topic was discussed at the September 30, 2013 Work Session Attachments City of Apache Junction,Arizona Page 1 Printed on 10/7/2013 4=. City of Apache Junction, Arizona 300 E Superstition r Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 4 File ID: 13-314 Sponsor. Shane Kiesow Agenda Date• 10/15/2013 Index: Budgetary Item In Control City Council Meeting Consideration of approval of the procurement of fleet equipment for the current fiscal year Staff requests permission to move forward with the purchase of a budgeted lightly used 2011 replacement pneumatic tire-wheeled roller for the Public Works Department Streets Division Staff requests authorization to purchase the roller through Empire Caterpillar Apache Junction via the City of Tucson cooperative contract #120377 in an amount not to exceed$67,280 00 Consideration and action. This item was discussed at the September 30, 2013 Work Session Attachments City of Apache Junction,Arizona Page 1 Printed on 10/7/2013 "V�iiiM. City of Apache Junction, Arizona 300 E Superstition • l Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 ko: -- Agenda Item No.5. 'r11,'` 1. File ID 13-318 Sponsor. Shane Kiesow Agenda Date. 10/15/2013 Index. Community Infrastructure, Public Safety In Control. City Council Meeting Consideration on the ratification of award of contract to J Banacki Construction for project #PWC2013-12 "Palm Wash/Southern Avenue Drainage Structure Repairs" in an amount not to exceed $220,000 00 Consideration and action This item was discussed at the September 30, 2013 Work Session Attachments City of Apache Junction,Arizona Page 1 Printed on 10/7/2013 ROLL CALL VOTE NOTES ITEM # / MEETING OF1 , MOTION BY SECONDED BY. YES/ NO ABSTAINED NS VtrAbtalqWksEra COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON ✓ MAYOR INSALACO UNANIMOU.,h IN FAVOR OPPOSED ABSTAINED TOTAL V CONSENT AGENDA ITEM NOS. 1-5 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF ONE NEW REPLACEMENT FORD F-350 SUPER CREW PICKUP FOR THE PARKS DIVISION, A NEW REPLACEMENT PLUG-IN HYBRID ELECTRIC VEHICLE FOR FLEET DIVISION FOR MOTOR POOL USE, A REPLACEMENT FORD EXPLORER FOR THE CRIMINAL INVESTIGATIONS DIVISION AND FIVE REPLACEMENT FORD UTILITY POLICE INTERCEPTORS FOR THE PATROL DIVISION FROM CHAPMAN FORD THROUGH COOPERATIVE STATE CONTRACT#ADSP 12-016662 IN A TOTAL AMOUNT NOT TO EXCEED $247,298.41, AND THAT APPROVAL BE GIVEN FOR THE PURCHASE OF A LIGHTLY USED 2011 REPLACEMENT PNEUMATIC TIRE-WHEELED ROLLER FOR THE PUBLIC WORKS DEPARTMENT STREETS DIVISION FROM EMPIRE CATERPILLAR APACHE JUNCTION THROUGH THE CITY OF TUCSON COOPERATIVE CONTRACT#120377 IN AN AMOUNT NOT TO EXCEED $67,280; AND THAT RATIFICATION BE GIVEN TO THE AWARD OF CONTRACT TO J. BANICKI CONSTRUCTION FOR PROJECT PWC2013-12 "PALM WASH/SOUTHERN AVENUE DRAINAGE STRUCTURE REPAIRS"IN AN AMOUNT NOT TO EXCEED $220,000. T�" City of Apache Junction, Arizona � 300 E Superstition Y ', { . Boulevard ,{ F. - t 1. Agenda Item Cover Sheet Apache Junction,AZ 85119 -,,,:t.'„ i Agenda Item No 6 r.;t.=:i:1r File ID 13-266 Sponsor.Thomas Kelly Agenda Date 10/15/2013 Index: In Control. City Council Meeting Proclamation designating the week of October 23 through 31, 2013 as Red Ribbon Week Presentation. Attachments: Proclamation Red Ribbon week 2013 City of Apache Junction,Arizona Page 1 Printed on 10/7/2013 1 rottamatton RED RIBBON WEEK OCTOBER 2013 Whereas, alcohol and drug abuse in this Nation have reached epidemic stages, Amok. and Whereas, it is imperative that visible,unified prevention education efforts by community members be launched to eliminate the demand for drugs, and Whereas, the National Red Ribbon Campaign offers citizens the opportunity to demonstrate their commitment to drug-free lifestyles(no use of illegal drugs,no illegal use of legal drugs),and Whereas, the National Red Ribbon Campaign will be celebrated in every community in America during Red Ribbon Week,October 23-31,and Whereas, business,Government,parents,law enforcement,media,medical institutions,religious institutions,schools,senior citizens,service organizations,and youth will demonstrate their commitment to healthy,drug-free lifestyles by wearing and displaying red ribbons during this week-long campaign,and Whereas, the City of Apache Junction further commits its resources to ensure the success of the Red Ribbon Campaign; NOW,THEREFORE,I,John Insalaco,Mayor of the City of Apache Junction, Arizona,do hereby proclaim October 23 through 31 as Red Ribbon Week and encourage citizens to participate in drug prevention education activities,not only during Red Ribbon Week,but all year long,making a visible statement that Apache Junction is strongly committed to a drug-free Arizona. Signed and attested to this day of ,2013. JOHN INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk City of Apache Junction, Arizona 300E Sulevard perstition Bou F'� t• Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No.7. File ID: 13-319 Sponsor.John Insalaco Agenda Date. 10/15/2013 Index. In Control.City Council Meeting Proclamation designating November 2013 as Epilepsy Awareness Month Presentation Attachments•2013 epilepsy awareness month Aallek City of Apache Junction,Arizona Page 1 Printed on 10/7/2013 Frociamatt`un EPILEPSY AWARENESS MONTH NOVEMBER 2013 WHEREAS, epilepsy is a neurological disorder producing brief disturbances in the normal electrical functions of the brain that temporarily affect a person's consciousness,bodily movements and/or sensations while creating long term effects on the lifestyle of individuals with epilepsy,and WHEREAS, 1 in 26 people will develop epilepsy and 1 in 10 people will have a seizure in their lifetime,and WHEREAS, epilepsy can affect anyone no matter what their gender,race,age,religion, educational background or socioeconomic status;and WHEREAS, epilepsy is more common than Parkinson's disease,multiple sclerosis, muscular dystrophy and cerebral palsy combined,and WHEREAS, epilepsy affects more than 65 million people worldwide;and WHEREAS, while there is no cure for epilepsy,drug therapy,surgery and other non- pharmacological treatments exist allowing approximately 80%of individuals with epilepsy to lead a normal life with either no seizures or a significant reduction in seizures;and WHEREAS, epilepsy is a complex disorder that requires further research to find a cure and prevention,and WHEREAS, the annual observance of Epilepsy Awareness Month advocates for the rights,humane treatment and appropriate education of all persons with epilepsy,while raising awareness with families,professionals,and the general public to better understand this lifelong disorder; NOW,THEREFORE,1,John S.Insalaco,Mayor of the City of Apache Junction,Arizona, do hereby proclaim November 2013 as EPILEPSY AWARENESS MONTH in Apache Junction and call upon all citizens, government agencies, public and private institutions,businesses,and schools to recommit our community to increasing awareness and understanding of epilepsy through education while ensuring that all individuals with epilepsy lead a full and productive life. Signed and attested to this '/Z2. day of 2013. J HN S.INSAL CO ayor ATTEST KATHLEEN CONNELLY City Clerk • f - w 4 City of Apache Junction, Arizona 300E Superstition '\4; Boulevard = Agenda Item Cover Sheet Apache Junction AZ e5119 Agenda Item No.8. ° File ID: 13-211 Sponsor. George Hoffman Agenda Date. 10/15/2013 Index: In Control. City Council Meeting City manager's report Presentation and discussion Attachments: City of Apache Junction,Arizona Page 1 Printed on 1017/2013 PUBLIC HEARING 1. For APPLICATION FOR AN AGENT CHANGE,ACQUISITION OF CONTROL— RESTRUCTURE, SERIES 10 LIQUOR LICENSE FOR DIAMOND SHAMROCK ARIZONA#1647 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. f City of Apache Junction, Arizona 300 E Superstition \ Boulevard 1�' Apache Junction AZ 85119 —11 � Agenda Item Cover Sheet ,i Agenda Item No 9 File ID 13-322 Sponsor: Kathy Connelly Agenda Date• 10/15/2013 Index. Local/State/Federal Statutory Requirement In Control.City Council Meeting is Application for an agent change, acquisition of control - restructure, series 10 liquor license for Diamond Shamrock Arizona#1647 located at 2341 S Ironwood Drive The next step in this 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 Consideration and action. Attachments.2013 diamond shamrock cc,2013 diamond shamrock application part 1,2013 diamond shamrock a City of Apache Junction,Arizona Page 1 Printed on 10/7/2013 OCTOBER 2, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR OCTOBER 15, 2013 APPLICATION FOR A LIQUOR LICENSE FOR DIAMOND SHAMROCK #1647 An application for an Agent Change, Acquisition of Control-Restructure, Series 10 Liquor License has been submitted by Mr. George Engle for Diamond Shamrock #1647 located at 2341 S Ironwood Drive, Apache Junction, Arizona. Correspondence has been received from the police department and the planning department, a copy of which is attached The fire district recommendation is still pending and will be forwarded to the council upon its receipt. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control ARIZONA DEPARTMENT OF LIQUOR LICENSES St; CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602) 542-5141 APPLICATION FOR AGENT CHANGE-ACQUISITION OF CONTROL-RESTRUCTURE Check Appropriate Box ]x Agent Change I 1 ] Acquisition of Control Restructure Complete Sections 1,2,3,4,6 Complete Sections 1,2,(3,4 if changing Agent) 6 plete Sections 1,2,(3,4 if changing Agent),5,6 (See Note 1 on back) (See Note 2 on bads) SECTION 1 (COMPLETE THIS SECTION FOR AGENT CHANGE,ACQUISITION OF CONTROL OR RESTRUCTURE) 1 Name(INDIVIDUAL OR EXISTING AGENT(if no agent change)OR NEW AGENT OR CORPORATE OFFICER OR L.L C CONTROLLING MEMBER) Engle George Leonard /tt7/( 503 Last First Middle Liquor License# 2 OX Corporation CD L.L.C. N/A; CST Arizona Stations,Inc. Corp File#• F-0754568 8 A (Exactly as it appears on Articles of inc.or Articles of Org) 3 Business Name // ` ,. rock sot r�tivvrtk #/i 47 4 Business Address 23 Y( 5 _T Wrvit a#1 s ii appears o,r(�bc kdok. 71__t €5 t- P (Do not use P O Box Number) i1 City At�t COUNTY Zip 5 Is the business located within the incorporated limits of the above city or town?,t?es DNo 6. Mailing Address. PO Box 690007 San Antonio TX 78269-0007 ,F.n an 5i_r f r to l City State Zip 7 Business Phone �00 I) 43 Q Q'•JIYT v Phone (bill, ) $VO 6.570 fj 8 Does this transaction involve the sale of any portion of the corporate stock? Ox YES O NO O N/A If yes, submit a certified copy of minutes 9 Has there been any change of officers?OYES ONO ❑N/A If yes, submit a certified copy of minutes. SECTION 2 (COMPLETE THIS SECTION FOR AGENT CHANGE,ACQUISITION OF CONTROL OR RESTRUCTURE) r Each person listed in Section II must submit a personal questionnaire(Form LIC0101)and a Department approved fingerprint card which may be obtained at the Dept A person appearing in both lists need only submit one questionnaire ? and fingerprint card 1 List individual owner or partners or all directors,officers in Corp,members in LLC Last First Middle Title Residence Address City State Zip F see attached list ^o (ATTACH ADDITIONAL SHEET(S)IF NECESSARY) 2. List stockholders or controlling members owning 10%or more of Corp/LLC• Last First Middle %Owned Residence Address City State Zip Valero Ener Co ration-publicly held 1- remainder is pu cly held-no other person owns 10% ,jQ see attached o ne hip diagram (ATTACH ADDITIONAL SHEET(S)IF NECESSARY) �- 1/7/201 3 Disabled individuals requiring special accommodations please can the Department Date Received /43 b �t CSR .42:1 CST ARIZONA STATIONS,INC. fka Diamond Shamrock Arizona, Inc. Kimberly Bowers Director/President Douglas Miller Director/VP Cynthia Hill Secretary CST SERVICES,LLC fka Valero Retail Holdings,Inc 100% Kimberly Bowers Director/President Douglas Miller Director/VP Cynthia Hill Secretary CST USA,INC. MEMBER 100% Kimberly Bowers Director/President r Cynthia Hill Secretary N./ CST BRANDS,INC 100% Kimberly Bowers Director/President Cynthia Hill Secretary 4 80% PUBLICLY HELD VALERO ENERGY CORPORATION 20% Gary Arthur VP Jay Browning VP 100%Publicly Held SECTION 3 (COMPLETE THIS SECTION FOR AGENT CHANGE) 1. If the corporation/L.L.C. is owned by another entity,ATTACH AN OWNERSHIP AND DIRECTOR/OFFICER/MEMBER DISCLOSURE for the parent entity. Attach additional sheets as necessary in order to disclose real people. As an Agent,will you be physically present and operating the licensed premises? D YES❑NO If you answered YES,you must provide proof of attendance of a Department approved Liquor Law Training Course within the last five years before your application for Agent can be submitted. If"no"a manager with approved training must be submitted. SECTION 4 (COMPLETE THIS SECTION FOR AGENT CHANGE) To be completed by the INDIVIDUAL OR EXISTING AGENT OR CORPORATE OFFICER OR L.L.0 CONTROLLING MEMBER: 1 License Number: 10��30 3 2-- Date of last renewal OS—Z 6 -20/3 2 Current Licensee or Agent. Holeman Timothy Lee (Exactly as it appears on license) Last First Middle Douglas Michael Miller , hereby consent to the agent appointment named herein and (Print full name) agree to immediately assign a new agent in the event of the death,resignation,or discharge of this agent I also understand that if the background report shows that I, the corporation, or any officer, director,member,or stockholder have been convicted of a felony in the past five(5)years, I will immediately sun-ender the license to the Arizona Department of Liquor Licenses and Control and hereby . -ive all rights to appeal such action State of / �,GGS County of&�,<-! X The foregoing instrument was acknowledged before me this (Signature of IN/IDUAU CORPORATE/CLUB OFFICER/MEMBER) j S day of 4 4aailauuiuu aa♦ �� a �. _//� ' Month Year s YP° JEAN ILLI ON c �N Y Jl�/f//f/Myit pires STATE xry rum o l (Signature of NOTARY PUBLIC) TAT OF TEXAS 4 my Uomm.txp 06-30.2014 SEC IRI COMPLETE THIS ON FOR RESTRUCTURE) Is there more than one licensed premises involved? ❑YES ❑NO if yes,SEPARATE APPLICATIONS must be filed and feesrq paid for each license/location, Type of current ownership- Type of new ownership ❑ J• TWRO.S ❑ JTWROS ❑ INDIVIDUAL ❑ INDIVIDUAL ❑ PARTNERSHIP ❑ PARTNERSHIP ❑ C• ORPORATION ❑ CORPORATION ❑ LIMITED LIABILITY CO ❑ LIMITED LIABILITY CO ❑ TRUST F-- ❑ TRUST -]OTHER Explain ❑ OTHER Explain —] SECTION 6 (COMPLETE THIS SECTION FOR AGENT CHANGE,ACQUISITION OF CONTROL OR RESTRUCTURE) To be completed by INDIVIDUAL OR EXISTING AGENT(If no agent change) OR NEW AGENT OR CORPORATE OFFICER OR LLC.CONTROLLING MEMBER as listed in Question 1 Section 1 George Leonard Engle ,hereby declare that I am the APPLICANT filing this application (Print full name) have read the application and the ntents and all statements are t correct and complete {� State of f County of �(�' S-t Cam•) A X The foregoing ins ment was acknowledged before me this ( nature of INDI OR AGENT) day of `-V U S—7 O 1\ O t y n Day L"e^� ,b m Year My commission expires on r (Signature of NOTARY PUBLIC) NOTE 1: The fee for an agent change MUST be submitted with this application:$100 00 for the first application and$50 00 for each additional application, not to exceed$1,000.00 (A.R S.4-209 H) NOTE 2: The $100.00 fee for restructure/acquisition of control MUST be sub i i -. ith this application.(A R S 4-209A) BARBARA LANDON Notary Public-Arizona MaricOpa County My Commission Expires 4.arii0" April{7,2017 ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85G L07-2934 02)542-5', . ••r'y Attention all Local Governing Bodies: Social Securl .t ,,,,'" n Is Confidential. This information may be given to local law enforcement agencies for the purpose .;e7('' , "*7' � .,. be blocked to be unreadable prior to posting Read carefully. This intro Ilk-t t I '9 k ° • ype or print with BLACK INK. An extensive investigation of you ,,c ti't ," co cted. False or Incomplete answers could result in criminal prosecutio ini ' � y' 'k nt revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON,AGE 21' r,r i-,r N COMPLETING THIS FORM MUST SUBMIT AN `APPLICANT"TYPE FINGERPRINT CARD AVAILABLE AT TH+�S�- �� Bl-APPROVEp CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SE•nrire ., r gy I LIQUOR. THE DEPARTMENT CHARGES A$13 FEE In addition to other fingerprint fees,a$22 DPS background chece charged for each fingerprint card. Liquor License # The fees allowed by A.R.S.5 44-6852 will be charged for all dishonored checks, /0/f 3 0 3 2- (If the location is currently licensed) 1 Check Controlling Person ✓Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions mot#14,14a&21) box—e. Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2 Name Engle George Leonard Date of Birth: Last First Middle (NOT a Public Record) 3 Social Security Numbe Drivers License#1.00ari State:AZ (MQI a public record) (NOT a public record) 4 Place of Birth El Paso TX US Freight 510 Weight. 220 Eyes. BRN Hair BR 4. . City State Country (not county) r..3 5 Marital Status Single ✓ Married Divorced WidowedFiji 6 Name of Current or Most Recent Spouse. Engle Gloria Robles Date of ale (List all for last 6 years-Use additional sheet if necessary) Last First Middle Maiden (NOT a public record)r.— 7 You are a bona fide resident of what state? AZ If Arizona,date of residency- 03/1998 8 Telephone number to contact you during business hours for any questions regarding this document. 6028206570 9 If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's liven-- •r voter registratlon card 10. Name of Licensed Premises. U1 P �'U � SV'<♦'V•A r04` "rrf 7d° •e� /Premises Phone •if;l1 24S 5 f' a 11 Physical Location of Licensed Premises Address Z 311( JVte1l "T"'"""411At1✓- trw(AAANitet ' i aCA Da ZZP Street Address (Do not use PO Box if) City County Zip 12 List your employment or ty,e of business during the past five(5)years.If unemployed part of the time,list those dates, List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS month/year Month/Year OR BUSINESS (street address,city,state&zip) V DI Z�13 `CURRENT zone manager, agent CST Arizona Stations,Inc.,One Valero Way,Bldg D,Ste 200,San Antonio,TX 78249 05/2002 V 4f(t V l 3 zone manager Valero Energy Corporation,One Valero Way, San Antonio,TX 78249 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13 Indicate your residence address for the last five(5)years FROM TO Rent or RESIDENTIAL Street Address Month/Year Month/Year Own If rented,attach additional sheet with name,address and phone number of landlord City State Zip 06/2008 CURRENT own 2921 East Weather Vane Road Gilbert AZ 85296 April 16,2012 Disabled individuals requiring special accommodations,please call the Department.(602)542-9027 I If you checked the Manager box on the front of this form skip to#15 14 As a Controlling Person or Agent,will you be physically present and operating the licensed premises? ✓YES INO If you answered YES,how many hrslday? 1 and answer#14a below. If NO,skip to#15 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) ✓YES NO if the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15 Have you been cited,arrested,indicted or summoned into court for violation of ANY law or ordinance, YES ✓ NO regardless of the disposition,even if dismissed or expunged,within the past ten (10)years? In addition,please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations,compliance actions or consents,criminal arrest, indictments YES ✓ NO or summonses PENDING against you orANY entity in which you are now involved? Include only criminal traffic tickets and complaints 17 Have you or any entity in which you have held ownership, been an officer, member, director or manager ✓YES NO EVER had a business, professional or liquor application or license rejected.denied. revoked. suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or YES ✓ NO misrepresentation? 19 Are you NOW or have you EVER held ownership, been a cant fling person,been an officer, member, ✓YES NO director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is'YES"YOU MUST attach a signed statement Give complete details including dates, agencies involved,and dispositions SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED " r,, 20. I, George Leonard Engle , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire I have read this questionnaire and all statements are true, correct and complete. r r x State of Arizona County of Maricopa ature of Applicant) foregoing instrument was acknowledged before me this a,Tf day of August 2013 r_. r17 -- ..(i5 a),),�� �� ���� Month �� yr 4. �'-; BARBAF14 LANDON Day Month Year (Signature of NOTARYPUBLIC) �~• Notary Public-Arizona ii ", —4 4, Marco, �.. ," pa County P �� Y* My Commission Expires 'b11i� _April t�203�- _._ —CO ECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age State of County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month ' Year (Signature of NOTARY PUBLIC) Print Name My commission expires on Day Month Year Statement for Personal Questionnaire of George Lecnard Engle. Question 17: The history of liquor violations is attached. In addition, one or more applications have been denied based on location. Question 19: I am the agent and zone manager of CST Arizona Stations,Inc.,which was formerly known as Diamond Shamrock Arizona,Inc. CST Arizona Stations, Inc. holds beer and wine licenses m the State of Arizona. Date: , c41 Ge eonar Engle " rJ r-► Ga rU Store License# Date Type of Violation Resolution 1600 10073021 11/26/1997 Sell,give furnish underage person with alcohol Fine$500 1601 10073015 4/19/1999 Sell,give furnish underage person with alcohol Fine$1000 1602 10073018 1/28/1997 Sell,give furnish underage person with alcohol Fine$325 1602 10073018 1/28/1997 Failure to Request ID from underage buyer Fine 325 1602 10073018 1/28/1998 Sell,give furnish underage person with alcohol Fine$1000 1606 10073019 1/28/1997 Sell,give furnish underage person with alcohol Fine$375 1608 10073029 3/19/1999 Sell,give furnish underage person with alcohol Fine$1000 1608 10073029 3/19/1999 Failure to Request ID from underage buyer Fine$1000 1608 10073029 8/4/2003 No Manager's Agreement cn file Warning Letter 1608 10073029 8/4/2003 Fetal Alcohol Signs Posted Warning Letter 1611 10073057 6/24/1998 Sell,give furnish underage person with alcohol Fine$500 1612 10073059 5/11/2000 Sell,give furnish underage person with alcohol Fine$500 1613 10103020 8/7/1997 Sell,give furnish underage person with alcohol Fine$500 1613 10103020 9/30/1998 Sell,give furnish underage person with alcohol Fine$1500 1616 10103024 8/29/2003 Fetal Alcohol Signs Posted Warning Letter 1616 10103024 8/29/2003 Display of License Warning Letter �ui r_ 1620 10103075 4/15/1998 Sell,give furnish underage person with alcohol Fine$500 1620 10103075 7/27/2001 Failure to Request ID from underage buyer Fine$625 1620 10103075 7/27/2001 Sell,give furnish underage person with alcohol Fine$625 1620 10103075 6/20/2008 Name Change Requirements Fine$200 ry 1622 10073123 9/30/1998 Failure to Request ID from underage buyer Fine$500 —� 1622 10013123 9/30/1998 Sell,give furnish underage person with alcohol Fine$500 1623 10103033 8/10/1998 Failure to Request ID from r.nderage buyer Fine$675 1623 10103033 8/10/1998 Sell,give furnish underage person with alcohol Fine$675 1624 10103034 8/7/1997 Sell,give furnish underage person with alcohol Fine$500 1624 10103034 4/20/1998 Sell,give furnish underage person with alcohol Fine$1500 1626 10073333 1/19/2001 Failure to Request ID from underage buyer Dismissed 1626 10073333 1/19/2001 Sell,give furnish underage person with alcohol Dismissed 1630 10073198 10/4/2006 Failure to Request ID from underage buyer Fine$750 1630 10073198 10/4/2006 Sell,give furnish underage person with alcohol Fine$750 1638 10073377 7/29/1998 Failure to Request ID from underage buyer Fine$675 1538 10073377 7/29/1998 Sell,give furnish underage person with alcohol Fine$675 1638 10073377 1/19/2001 Failure to Request ID from underage buyer Dismissed 1638 10073377 1/19/2001 Sell,give furnish underage person with alcohol Dismissed 1640 10103065 10/7/1999 Failure to Request ID from underage buyer Fine$1000 1640 10103065 10/7/1999 Sell,give furnish underage person with alcohol Fine$1000 1641 10073408 3/3/2000 Sell,give furnish underage person with alcohol Fine$500 1649 10103095 3/3/2000 Sell,give furnish underage person with alcohol Fine$500 1654 10074220 8/16/2006 Failure to Request ID from underage buyer Fine$750 1654 10074220 8/16/2006 Sell,give furnish underage person with alcohol Fine$750 1655 10074876 1/10/2008 Fetal Alcohol Signs Posted Fine$200 1655 10074876 1/10/2008 Fetal Alcohol Sign Display Fine$200 r_ r=- aligratsc SL@l111l0 paa sauwl tPuI 0 *MS 1a11^ikei NI in-+gD FaRatitvorili it D API algpam +ows1ti Auk!Le 411141,11a 3 1r9mUsical allgi laai&9121 w 1,4141al l 3 i11il04Y9 310111.011 1101 1'anllne r earn tWO tairtiffItalailltP I Pracarliauf 411,1610w , MANI Fuz3lign aniEuella Iliguicsaid a'1 1L mpaugenulacor pospanws ica{pistle anacov saki all 'lplu►rbiatgl iMil 9 111balpla. aonnusul a »erg Wit , '01+441133pairwallianfl zuseglipalGr> 8rationtiatieuampazmurak4satizoi Futnotaasgepur`Apr aeoww4way gLI'g Lr6 d as D i zzge ZS' Jairwria ateaturrianS9 4pia1n l luxe piorkaolD1113 AatlatkElfjj l RAM u iI6V w+aram=gl -jit82) as HID aru All 1ft E mum any %.%® . 3 Itic HCD6411® last X1 1111131MEROMI afpl® 5' ,i! LIIM W OZ aFara 3nttPS 3smaaiAl.�" itr7 - 0dp r. !Algal L1Vlc lartiffnonblizercima Coss 'Vsaatfici p R etlllrtruip 8-r/O /c2 7 Print Form ARIZONA STATEMENT OF CITIZENSHIP AND ALIEN STATUS FOR STATE PUBLIC BENEFITS Professional License and Commercial License Department of Liquor Licenses and Control Liquor License#: (0 1( 3 d 3 U Ownership Name: CST Arizona Stations, Inc. (as listed on the current liquor license application or renewal application) Title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 U.S.C. § 1621, provides that, with certain exceptions, only United States citizens, United Slates non-citizen nationals, non-exempt "qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrants,and certain aliens paroled into the United States are eligible to receive state or local public benefits. With certain exceptions, a professional license and commercial license issued by a State agency is a State public benefit. Arizona Revised Statutes § 1-501 requires, in general, that a person applying for a license must submit documentation to the licensing agency that satisfactorily demonstrates that the applicant is lawfully present in the United States rJ i Directions. All applicants must complete Sections I, II, and IV. Applicants who are not U.S. citizens or nationals must also complete Section III. Submit this completed form and copy of one or more documents 4-1 that evidence your citizenship or alien status with your application for license or renewal r— SECTION I-APPLICANT INFORMATION APPLICANT'S NAME(Print or type)George Leonard Engler DATE °I6`Zg— Z1/3 TYPE OF APPLICATION(check one) X INITIAL APPLICATION _RENEWAL #10-Beer and Wine Store License TYPE OF LICENSE SECTION II—CITIZENSHIP OR NATIONAL STATUS DECLARATION Directions:Attach a legible copy of the front,and the back(if any),of a document from the attached List A or other document that demonstrates U.S.citizenship or nationality. Name of document provided.passport A Are you a citizen or national of the United States?(check one) X Yes _No B If the answer is"Yes,"where were you born? List city,state(or equivalent),and country City El Paso State(or equivalent)TX Country or Territory US If you are a citizen or national of the United States,go to Section IV. If you are IQ a citizen or national of the United States,please complete Sections III and IV. DLLC 2/20/09 AG 1 1/08/07-81662 Page I of 7 SECTION IV—DECLARATION All applicants must complete this section. I declare under penalty of perjury under the laws of the state of Arizona that the answers I have given are true and correct to the best of my knowledge. APP CA GNATURE �bAY'S DATE �r. r C�J r M I... r' r s7 rt, rt� 17, Page 3 of 7 1;�N�`• ••�''- The Secretary of State of the United States of America _ hereby requests all whom it may concern to permit the citizen/national I�~ of the United States named herein to pass without delay or hindrance -: • - ":'.and in case of need to give all lawful aid and protection. -" �� y' iI .1- • Le Secretaire d'Etat des Etats-Unis d'Amer que • • 71—•-• 'Pise-par les presentes toutes autoritis competentes de laisser passer le citoyen-: �' C,_..,�. �<`� �ou ressortissant des Etats-Unis titr�laire du present passeport, sans d€lai•;rei ,' r 7.ry`f,...; 1ifficulte et, en cas de besoin, de lui accorder toute aide et protection legitimes `riti .JY �•-w "Yr :" % . ;El Secretario de Estado de los Estados Unidos de America por el presente solicita a las`=r, f" iirtoridades competentes permitir el Paso del ciudadanno o national de los Estados Unidolt—''• aqui nombrado, sin demora ni dificultades,y en caso de necesidad,prestarle toda la i� 1 ayuda y proteccidn licitas. • ; Y A %a1.tr y_ . S GNAT L.TR.E OF BEARER/SIG TURE DU TITULAIRE/FIRMA DEL TITULAR '.,. it :wi, e.riT===. NOT VALID UNTIL SIGNED x 1' +_.... -^-,a i—� ,,`:.._c.--ter_..�. � L$:"; .s. i PASSPORT - I '- '; PAStEPORT: i 14 ki :11) : !! ►`. i jT GAL; sr;,; :, PASAPORTE Type-?Type/lip p: :C'ode•/•Code-/C¢diti-:: 0-as port•No :-NQAU Passe it .Vo,s; a e `pot. 307662109 r Surname/Nom/Apelfidos , _ • ,_.. ::. _ - - Given names/_POOnoms/Nomlite --- • •- ••"`'• : 7''`� it ' mot•, 'r . - GEORGE LEONARM - : t' ` `''T'``' . '°,-'"` •\� Nationality/Nationaliie'• %Nacronalidadr se .1•: _'-, r - UNITED STATES,OF AMEt ICA- ' 1 t•i'-, Date of birth/Date de-naissance/Fecha de_nacimie._ r-- :''' liT• ''' =' Sex;Sexe/Se Place:o bi Veu'de nai s e_ C rifil S iii&•/Lamar de nacimiento`'. . : i M :TEXAS U .A: ,.�.... ., _ a -Date of issue/Date de delIvrande/Fecha'de expediei¢n ' ' Uthority/Autoritei, utoridad j 24 Mar 2006 ` ; .: ' ::�'.�``�llh4 fted Sfaf'' >� Date.of a ration Date- rratioi Fecha '� '� T �'rxpi !. d'@xp - Chalk-,9)ducrdadD ikiiineni of to �3 Mar.2016 - • •;j, « t".' - !, '= - Amen dments=/Modifications/E iendas ,: '-° •s i.,. r*' ;, _ •See'Pa• ge 24 r .•�`•. ` "�' • •s _ ,,;}. ,sl._=-` •', L ;�_,'�,,- •• K ..fin. ,ram. 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ARIZONA DEPARTMENT OF UQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 ( 02)542-514 .. a 5�r Attention all Local Governing Bodies: Social Security ` ' n is Confidential This information may be given to local law enforcement agencies for the purpose Qf .,-,,..7,.:;6...,...,Jor .,eLatte t be blocked to be unreadable prior to posting Itti,..ort(e . ...:,,,,:„ -\ , ..,..i Read carefully. This instrru t 14'a i qul-fne 0 1 f Type or print with BLACK INK An extensive Investigation of you1;68ckgpgdti ,be co�cted. False or incomplete answers could result in criminal prosecution pt d thedeesia1 ptsei ent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT QR,'41'ilg45R QCI-i,PERSON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT"TYPE FINGERPRINT CARD AVAILABLE AT TH(q 6,';FN O.#jf fFIT.S`AN BI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SEIP.VIGE6T',.QR, PfJ`f`OF LIQUOR. THE DEPARTMENT CHARGES A$13 FEE In addition to other fingerprint fees,a$22 DPS background check tr1A be charged for each Liquor License # fingerprint card. q The fees allowed by A.R.S.§44-6852 will be charged for all dishonored checks, /0V/3032-- (lithe location is currently licensed) 1 Check ✓Controlling Person Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions except#14,14a&21) box --Is. Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2 Name Bowers Kimberly Smith Date of Birth: r_ Last First Middle (NOT a Public Record) 3 Social Security Number Dnvers License M#�` state:Texas ,;, (NOT a public record) 6 (NI a public record) ; 4 Place of Birth Cincinnati OH \.J�� Height 5'9" Weight 160 Eyes Blue Hair Blonde ":1 City State Country (not county) 1 5. Marital Status Single Marred ✓ Divorced Widowed 6 Name of Current or Most Recent Spouse Date of Birth' / /-___y (List all for last 5 years-Use additional sheet ff necessary) Last First Middle Maiden (NQI a public record) -A 7 You are a bona fide resident of what state? Texas If Arizona,date of residency' 3 8 Telephone number to contactyou duringbusiness hours for any210 692 2246 rU p questions regarding this document. -.7 9 If you have been an Arizona resident-fo_r less than three(3).m/onths,submit a copy of/your((� Arizona driver's licen o�voter registration card 10 Name of Licensed Premises' hiPv a"A5�0 �t7 - i7+dN�$/�t/ Premises Phone. w215$ rb4A5 11 Physical Location of Licensed Premises Address 2)Y I S.#w4^ Sell r" 0 Ar firade 4.-- PK, 114ricp/�,k D$'t Z Street Address (Do not use PO Box#) City County 'zip 12 List your employment or ty7e of business during the past five.(5)years.If unemployed part of the time,list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) 5-1-2013 CURRENT President/CEO CST Brands,Inc.One Valero Way,Bldg D,Ste 200,San Antonio,TX 78249 07-2008 4/30/2013 EVP & General Counsel Valero Energy Corp One Valero Way, San Antonio, TX 78249 ' 05-2006 07-z, 4 Sr VP & General Counsel Valero Energy Corp, One Valero Way, San Antonio,TX 78249 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTIONA 13 Indicate your residence address for the last five(5)years. V FROM TO Rent or RESIDENTIAL Street Address Month/Year Month/Year Own .If rented,attach additional sheet with name,address andphone number of landlord , City State Zip 08/2012 CURRENT Own 16435 Lost Cabin San Antonio TX 78232 08/2011 07/2012 Own 15538 Dawn Crest San Antonio TX 78248 03/2004 OS/aoit. Own 15631 Cloud Top San Antonio TX 78248 April 16,2012 Disabled individuals requiring special accommodations,please call the Department.(602)542-9027 If you checked the Manager box on the front of this form skip to*16 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES INO If you answered YES,how many hrsiday? ,and;answer i 14a below. If NO,skip to#15. 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) YES NO If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15 Have you been cited. arrested, indicted or summoned into court for violation of ANY law or ordinance, YES NO regardless of the disposition,even if dismissed or expunged,within the past ten(10)years? In addition, please include all traffic tickets and complaints within the last ten (10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related. 16 Are there ANY administrative law citations, compliance actions or consents,criminal arrest, indictments YES NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints. 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager YES NO EVER had a business, professional or liquor application or license rejected. denied. revoked. suspended or fined in this or any other state? 18. Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or YES NO misrepresentation? 19 Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, YES NO director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is`YES'YOU MUST attach a signed statement. ,...:. Give complete details including dates,agencies involved,and dispositions. ram' SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED r- 20 t KIMBERLY SMITH BOWERS , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) ? filing this questionnaire. I have read this questionnaire and all statements are true, correct and complete. rt.. X State of County of (Signature of App/icant) The foregoing Instrument was acknowledged before me this day of Month Year My commission expires on. Day Month Year (Signature of NOTARYPUBLIC) COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age. State of County of The foregoing instrument was acknow tedged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year (Signature of NOTARY PUBUC) Print Name My commission expires on. Day Month Year If you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES ✓INO If you answered YES,how many hrs/day? and Answer#14a below If NO, skip to#15. 14a Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) YES NO tf the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15 Have you been cited, arrested, indicted or summoned into court for violation of ANY law or ordinance, YES ✓ NO regardless of the disposition, even if dismissed or expunged,within the past ten(10)years? In addition, please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related. 16 Are there ANY administrative law citations, compliance actions or consents,criminal arrest, indictments YES ✓ NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints 17 Have you or any entity in which you have held ownership, been an officer, member,director or manager ✓YES NO EVER had a business, professional or liquor application or license rejected,denied,revoked.suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or YES ✓ NO misrepresentation? 19 Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, ✓YES NO director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is "YES"YOU MUST attach a signed statement. W Give complete details including dates,agencies involved,and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED Efi Lo - 20 I Kimberly S Bowers , hereby declare that I am the APPLICANT/REPRESENTATIVE 44 (print full name of Applicant) ti filing this uestionnaire I have read this questionnaire and all statements are true,correct and complete ro X _ u-7_ State of -r-,_Q� County of .)C LI~r' .51 (Sig ture of Applicant) T¢e 1or cyng instrum• I was adcnowledQeli before is E /d' y.of Agit ` /. ' T f �� Year _. My commission expires on Nit' h ` / ,, ;I . ,� Day Mon Year ► ztAtlitoN Notary Public k STATE OF TEXAS ,t< „ Comm.Exp.08.21.2018 COMPLETE THIS SECTION ONLY IF YOU ARE A CONTRr L _ • - c APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license The manager named must be at least 21 years of age State of County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year Print Name (Signature of NOTARY PUBLIC) My commission expires on Day Month Year I Statement for Personal Questionnaire of Kimberly Bowers: Question 17.The history of liquor violations is attached to the agent's personal questionnaire. In addition, one or more applications have been denied based on location Question 19 I am the president/chief executive officer of CST Anzona Stations, Inc.,which was formerly known as Diamond Shamrock Arizona,Inc. CST Arizona Stations,Inc holds beer and wine licenses in the State of Anzona Date: 09— l.r Zo13 -,t/(77/1A 6A/1/ILI Kimberly S. B er y o-Co ; c,a r V ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 (i602) 542-5141, Q i014AiIRE ). Attention all Local Governing Bodies: Social Security a d'elitrOdfi�-'J on is Confidential. This information may be given to local law enforcement agencies for the purpose of•bae �.�tiec sgh7ti tuat be blocked to be unreadable prior to posting ty �ei _ „for�tlf- -` ' -� Read carefully This instruc�t is;'a ,li )!Ifr rneritjtype or print with BLACK INK. An extensive investigation of youl(bac td wcooAucted. False or incomplete answers could result in criminal prosecutiorf'a t4 Q,tai-aryl' gent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGEJSI 9 lrRa. CH.PE$SON COMPLETING THIS FORM MUST SUBMIT AN "APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT THJSA 'FILE'f"i GE,F lOq§';41`V'FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SERviGek„QFj R;FiaE , FMEN1" F LIQUOR THE DEPARTMENT CHARGES A$13 FEE In addition to other fingerprint fees,a$22 DPS background check O w{lfbe charged for each �_,. Liquor License # fingerprint card ,z Q The fees allowed by A.R.S.4 44-6852 will be charged for all dishonored checks, /Ol( 3 n3Z., (If the location is currently licensed) 1 Check ✓Controlling Person Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions exceot#14,14a&21) box — 4. Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2 Name' Hill Cynthia Paige Date of Birth Last First Middle r (NOT a Public Record) co 3 Social Security Numbers Drivers License#:M Stale Texas t QI a public record) (NOT a public record) 4 Place of Birth• Gulfport Mississippi Height: 5'7" Weight 160 Eyes Blue Hair Blonde (-0 City State Coun (not county) 5 Marital Status Single Married ✓ DivorcedWidowed • 6 Name of Current or Most Recent Spouse Date of Birth _/ / (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden (NOT a public record) a 7 You are a bona fide resident of what state? Texas If Arizona,date of residency 8 Telephone number to contact you during business hours for any questions regarding this document. 210-692-2447 9 If you have been an Arizona resident for less than three(3)months,submit a copy/of your Arizona driver's licensese or voter registration card 10 Name of Licensed Premises V!M-,44 .S xyvvGfff�- AY►'LOWI /♦'17 Premises �"'�'-bfff r 6 11 Physical Location of Licensed Premises Addresst' Y( Jpw1A ,74.34.4064 4r ` '"'gbh ►"t{l A 9 ZZ� Street Address (Do not use PO Box#) City County Zip 12 List your employment or type of business during the past five 15)years If unemployed part of the time, list those dates List most recent 1st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) 5/1/2013 CURRENT Sec/General Counsel CST Brands,Inc One Valero Way,Bldg D,Ste 200,San Antonio,TX 78249 01/2001 4/30/2013 General Counsel Valero Retail Holdings, Inc One Valero Way, San Antonio, TX 78249 ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTIONA 13 Indicate our residence address for the last five(5)years V FROM TO Rent or RESIDENTIAL Street Address Month/Year Month/Year Own If rented,attach additional sheet with name,address and phone number of landlord City State Zip 02/1996 CURRENT Own 306 Kendall Parkway Boerne TX 78015 1 April 16 2012 Disabled individuals requiring special accommodations,please call the Department(602)542-9027 ((you checked the Manager box on the front of this form skip to#15 14.As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES INO If you answered YES, how many hrs/day? ,and answer#14a below. If NO,skip to*15. 14a.Have you attended a DLLC-approved liquor Law Training Course within the past 5 years? (Must provide proof) YES NO If the answer to it 14a Is"NO",course must be completed before issuance of a new license or approval on an existing license. 15. Have you been cited, arrested, indicted or summoned into court for violation of ANY law or ordinance, YES NO regardless of the disposition, even if dismissed or expunged,within the past ten(10)years? In addition, please include all traffic tickets and complaints within the last ten(10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related. 16 Are there ANY administrative law citations, compliance actions or consents,criminal arrest, indictments YES NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager YES NO EVER had a business, professional or liquor application or limnse rejected.denied,ievoked.suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or YES NO misrepresentation? 19. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, YES NO director or manager on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is'YES'YOU MUST attach a§fined statement. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. I, CYNTHIA PAIGE HILL , hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire. I have read this questionnaire and all statements are true, correct and complete. r%i X State of County of (Signature of Applicant) The foregoing instrument was acknowledged before me this day of _ Month Year My commission expires on: Day Month Year (Signature of NOTARYpUBLIC) COMPLETE THIS SECTION ONLY IF YOU AREA CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21. The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age State of County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month ' Year (Signature of NOTARY PUBLIC) Rint Name My commission expires on Day Month Year If you checked the Manager box on the front of this form skip to#15 14 As a Controlling Person or Agent,will you be physically present and operating the licensed premises? YES ✓.NO if you answered YES,how many hrs/day? ,and answer#14a below. If NO,skip to#15 14a.Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proof) YES NO If the answer to#14a is"NO",course must be completed before issuance of a new license or approval on an existing license. 15. Have you been cited,arrested,indicted or summoned into court for violation of ANY law or ordinance, YES ✓ NO regardless of the disposition, even if dismissed or expunged,within the past ten (10)years? In addition,please include all traffic tickets and complaints within the last ten (10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related 16 Are there ANY administrative law citations,compliance actions or consents, criminal arrest, indictments YES ✓ NO or summonses PENDING against you or ANY entity in which you are now involved? Include only criminal traffic tickets and complaints. 17 Have you or any entity in which you have held ownership, been an officer, member, director or manager ✓YES NO EVER had a business, professional or liquor application or license rejected,denied,revoked,suspended or fined in this or any other state? 18 Has anyone EVER filed suit or obtained a judgment against you,the subject of which involved fraud or YES ✓NO misrepresentation? 19 Are you NOW or have you EVER held ownership, been a controlling person, been an officer,member, ✓YES NO director or manager on any other liquor license in this or any other state? G! If any answer to Questions 15 through 19 is"YES"YOU MUST attach a signed statement in Give complete details including dates,agencies involved, and dispositions. 1� SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED , r• 20. I, Cynthia P Hill ,hereby declare that I am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire. I have read this questionnaire and all statements are true, correct and complete rState of /eke. S County of t (Signature of Applicant) ~~ W The foregoing instru9aiit was acknowledged before me this J day of [1 / ; y3 uAAAAA A.A. V„ AA•VAAAAAA Month Year My commission expires on ,Srj ! .•• ' r AMSON 2 > /� • onth STATE TEXAS Public , (Signature of NOTARYPUBLIC) . `�srF�st7. My Comm Exp 0640.2014 COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING A MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnaire to act as manager for the named liquor license. The manager named must be at least 21 years of age State of County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year Print Name (Signature of NOTARY PUBLIC) My commission expires on Day Month Year Statement for Personal Questionnaire of Cynthia Hill. Question 17• The history of liquor violations is attached to the agent's personal questionnaire In addition, one or more applications have been denied based on location Question 19• I am the secretary and general counsel of CST Arizona Stations,Inc., which was formerly known as Diamond Shamrock Arizona, Inc CST Arizona Stations,Inc. holds beer and wine licenses in the State of Arizona. Date. Os-/S- Z9/3 Cynthia P ill c�a r_ r' tU CST ARIZONA STATIONS,INC. CERTIFICATE. I,Cynthia P. Hill,Secretary and General Counsel of CST Arizona Stations,Inc.,a Delaware corporation, (the'Company'),hereby certify that attached hereto as Exhibit A is a true and correct list of the current officers of the Company,and that on and as of the date hereof,the persons whose names appear on such list are the duly elected, qualified,and acting officers of the Company and hold the office and/or offices set forth opposite their respective names. IN WITNESS WHEREOF,under the seal of the Company,I have executed this Certificate as of the 1 day ofluly,2013. Piltd Cynthia Secretary and General Counsel ''`l rr rM1 —: —a • Wage 5TArIzona Stations,Inc.Incumbency certJuly la,2013 Q(HIa1T A Kimberly S.Bowers _.»..._.......W ..._.»._.»...._..Chief Executive Officer and President Anthony P.Bartys Senior Vice President and Chief Operating Officer Clayton E.Olinger ....... .....».Senior Vice President end Chief Financial Officer Jeremy 1.Bergeron_ ..... ....... ._.. ....Vice President and Treasurer Paul C.Clark.....__..__.._......».._.__...... ...._.....»......Vice President Douglas M.Miller Vice President Cynthia P,Hill........... . ..,,..... ... .....Secretary and General Counsel . I «• w•• G.J_ -I CO r• • • I � _ ! 2 'Page CSTArizana Stations,Inc Incumbency Cart July 18,2013 1 1 zismaLio_to ex CST ARIZONA STATIONS,INC. (a subsidiary of a;T Services LL() eAr/ (Cceipary#I13) State of Incorporation Delaware Charter No. Delaware Date of Incorporation July 20, 1995 2526475 Federal Employer LD.No. 74-2756940 Testae Certificate of Authority No. 00116596-06 Principal Office and Phone No. One Valero Way,Bldg.D,Suite 200 San Antonio,Texas 78249 (210)692-2000 Agent for Service The Corporation Trust Company("Cr') 1209 Orange Street Wilmington,Delaware 19801 .• Authorized Shares 1,000 Outstanding Shares 100 Par $0.01 QUALIFIED TO DO BUSINESS: age Date Quallfied Arizona August 1,1995 REMARKS: Buys,develops and operates property for convenience stores and associated businesses in Arizona. Effective June 19,2013,Diamond Shamrock Ariz. ona,Inc.changed its name to"CST Arizona Stations, Inc." DIRECTORS: Kimberly S.Bowers it Douglas M.Miller OFFICERS; Kimberly S.Bowers Chief Executive Officer and President 7 Anthony P.Bertys Senior Vice President and Chief Operating Officer -0 Clayton E.Killinger ...Senior Vice President and Chief Financial Offices' Jeremy L.Bergeron Vice President and Treasurer a Paul C Clark Vice President Douglas M.Miller Vice President gi Cynthia P.Hill. Secretary and General Counsel 2 / euamwInetc CST SERVICES LLC (a subsidiary of CST USA Inc.) (Company#178D) State of Formation Delaware Date of Formation July 11, 1988 Delaware Charter No. 2166234 Federal Employer IX.No. 74-2505379 Tema Certificate of Authority No. 00077141-06 Principal Office and Phone No. One Valero Way,Bldg.D,Suite 200 San Antonio,Texas 78249 (210)692-2000 Ageit for Service The Cocporatiai Trust Company("CT') 1209 Orange Street Wilmington,Dk laware 19801 Percent of MEMBER Ownership CST USA Inc. 100% QUALIFIED TO DO BUSINESS: State Date Ouzltied - Arizona July 17, 1992 California March 16,2009 Colorado March 23,1992 Kansas August 2,1988 Le August 19, 1988 ct}i Nmin ew Mexico adenoma August 30,1988 ,- Texas July 20,1988 Wyoming Jane 28,1993 REMARKS: This entity was originAlly a corporation,incorporated in Delaware in 1988 under the name Diamond Shamrock Natural Gas Marketing Company. Effective December 31, 1991, a separate Delaware corporation named Diamond Shamrock Refining and Marketing Company merged into tY t Diamond Shamrock Natural Gas Marketing Company with Diamond Shamrock Natural Gas Marketing Company being the surviving corporation. At fie same time, Diamond Shamrock Natural Gas Marketing Company changed its name to Diamond Shamrock Refining and Marketing Company. Effective August 26, 1998, XRAL Storage and iTaiegui,14.0 Company merged into Diamond Shamrock Refining and Marketing Company. Effective September 11, 2002, Diamond Refining, Inc. merged into Diamond Shamrock Refining and Marketing Company. Also effective September 11,2002, D-S Systems, Inc. merged into Diamond Shamrock Relining and Marketing Company. Effective December 15,2003, Coyote Funding,L.L.C.merged into Diamond Shamrock Refining and Marketing Company. Effective January 25, 2005, Bay Area Petrochemicals Company, L.L.C. merged into Diamond Shamrock Refining and Marketing Company. Effective December 27,2005,XCEL Products Company, Inc.merged-into Diamond Shamrock Refining and Marketing Company. Effective April 2, 2007, Diamond Shamrock Refining and Marketing Company changed its name to Valero Retail Holdings,Inc. Effective May 31, 2007, Integrated Product Systems, Inc. merged with and into Valero Retail Holdings,Inc. 4 13 t' Return to Index CST SERVICES LLC (a subsidiary of CST USAloc.) i (40 (Company/178D) REMARKS(cont.): On April 22,2013,Valero Energy Corporation transfixred its ownership of 100 shares of common stock of Valero Retail Holdings,Inc.to Valero Enterprises,Inc. On April 23,2013,Valero Retail Holdings,Inc.filed a certificate of conversion in Delaware pursuant to which it converted to a Delaware limited liability company named "CST Services LLC''effective April 23,2013 On April 26, 2013,Valero Enterprises,Inc.transferred its member interest in CST Services,LLC to CST USA Inc. ASSUMED NAME CERTIFICATES: Jiu4adjciioi 'pate Filed Assented Name Bexar County,Texas May 17,2006 "Valero Corner Store" Harris County,Texas May 15,2006 "Valero Corner Store" State of Texas February 21,2006 "Valero Corner Store" State of Texas May 28,2009 "Diamond Shamrock Corner Store" Bexar County,Texas June 2,2009 "Diamond Shamrock Corner Store" Dallas County,Texas June 1,2009 "Diamond Shamrock Corner Store" SOLE MANAGER: Kimberly S. Bowers go, OFFICERS: Kimberly S.S.Bowers Chief Executive Officer and President Anthony P.Bartys Senior Vice President and Chief Operating Officer Clayton E.Killingeir Senior Vice President and Chief Financial Officer Jeremy L Bergeron Vice President and Treasurer Paul C.Clark Vice President Douglas M.Miller Vice President Cynthia P.HU Secretary and Geaten31 Counsel 14 li I Return to Index :�' CST USA INC. (a subsidiary of CST Brands,Inc.) (Company#152) . State of Incorporation Delaware Date of I.corporadoa Febrruty 25,2013 Delaware Charter No. 5293473 ilederrai Earployer LD.No. 46-2226623 Tema Charter No. Pending Principal Office and Phone No. One Valero Way,Bldg D,Suite 200 San Antonio,Texas 71249 (210)692-2000 Agent for Service The Corporation Tru t Company("Cr) 1209 Orange Street Wilmington,Delaware 19801 • QUALIFIED TO DO BUSINESS: &II Date Una lied Texas March 7,2013(under the name"Corner Store USA Holdings,Inc") Authored Shares 1,000 Outstanding Shares 600 Tar $0.01 ASSUMED NAME CERTIFICATES: tinrisdlsflon Asaamed Name ,2 State of Texas March 7,2013 "Corner Store USA Holdings,Inc." 0 .,1 Beam County,Texas March 11,2013 "Corner Store USA Holdings,Inc." Dallas County,Texas March 11,2013 "Corner Store USA Holdings, Inc. v co REMARKS:This corporation was incorporated on February 25,2013,to serve as a holding company for certain U.S. retail investments. Its original parent company was Valero Enterprises, Inc. On April 26, 2013, Valero 7.4 Enterprises, Inc. transferred its equity interests in CST 1.9A Inc. to Valero Energy Corporation. On April 30, I 2013,Valero Energy Corporation contributed its equity interests in CST USA Inc.to CST Brands,Inc. SOLE DIRECTOR: rtr Kimberly S.Bowers r; OFFICERS: Kimberly S.Bowers Chief Executive Officer and President Charles Ii(Hal)Adams Sailor Vier President Anthony P.Bartys Senior Vice President and Chief Operating Officer Clayton E.Killinger Senior Vice President and Chief Financial Officer Henry P.Martinez Senior Vice President Stephan F.Motz Senior Vice President and Chief Development Officer Jeremy L.Bergeron Vice President and Treasurer Tammy V Floyd_................................_ Vice Presider*and Controller James W.Maxey .. ... .... Vice President Kevin J.Sheehan ..»..............Vice President Cynthia P Hill...................................._....Secretary and General Counsel Lulu Olson ......... tr 17 turn to Index CST BRAD DS,INC. (Company#142) 16- e of Incorporation Delaware Date of Incorporation November 7,2012 Delaware Charter No. 5179340 Federal EmployerW.No. 46-1365950 Principal Office and Phone No. One Valero Way,141dg.D,Suite 200 San Antonio,Texas 78249 (210)692-2000 Agent for Service The Corporation Trust Company("CT") 1209 Orange Street Wilmi ngtcq Delaware 19801 Symbol CUSIP No. Authorized Shares Ouiatandlag Shares Par Value Common CST 12646R 105 250,000,000 75,397,243 S0.01 Preferred n/a n/a 20,1*{0,000 none S0.01 REMARKS: The corporation was incorporated under the name Corner Store Holding, Inc. Its name was changed to "CST Brands, Inc" effective January 17, 2013. Valero Energy Corporation owns 20% of the outstanding common shares of CST Brands,Inc.;the other 80 percent is publicly held. DIRECTORS: Donna M.Boles Kimberly S.Bowers Roger G.Burton Michael S.Ciskowski S.Eugene Edwards LJ >' Ruben M.Esabobedo William G.Moll •` Alan Schoenbaum - Michael H.Wargotz OFFICERS: r..h Kimberly S.Bowers.. .. ........... ».......---Chief Executive Officer and President Charles(Hal)Adams ..... Senior Vice President and Chief Marketing Officer Anthony P.Bartys......».......».,... . ... —....Senior Vice President and Chief Operating Officer Christian Houle .... ...Senior Vice President-Canad'un Retail Clayton E.KiIlinger.».»......»,. .....» ».._....Senior Vice President and Chief Financial Officer Henry P.Martinez....».» »... _..»..,.»Senior Vice President-Human Resources Stephan F.Moz.....................................»».»»... $ 3 '6ii#pinaat_Off*c{Yal Jeremy L.Bergamo-............... ...»»....».Vice President and Treasurer Paul C.Clark.._».......__ .....______._...Vice President-Construction&Development Tammy V.Floyd ..........»......._... Vice President and Controller Pete A.Linton Vice President James W.Maxey Vice President and Chief Information Officer Vice President Lulu Olson Vice Pre iideat Kevin J.Sheehan.... Vice Pre sident-Intanal Audit&Risk Management Stephan TrudeL Vice President Jeffrey A.Truman ....»...Vice President Cynthia P.Hill_ ........ Secretary and General Counsel Denise Incandela 4 VALERO ENERGY CORPORATION CERT1FICATE J.J,Stephertailbert,Secretary olValaro Energy Corporation,a Delaware corporation (the odioarne),hereby certify that attached hereto a::Exhibit A is a true and correct list of tile current of the Contpany,and that on and at Of the date hereof,the pe Mons whose names appear on such list ere the dulyelected,qualified,and acting offIcers of the.Company'and hold the office and/or office set forth opposite theirrespectlYe mates. IN WITNESS WHEREOF,under seal of the Company,.I haveexecuted this Certificate as of the 190 day of July,2013, _ • • , " tiRY. , '14071:441. Stephen vithert SEAL Secretary j9g1, tC:3 r- V Ow\ vnoc;wervacateoppftilf usticogsarawn.pr r9vprui!efsr CA.Vefilk" 'OA k00;0!"141/1!!"lel'140%01014.0"WARit$ -.1W011.104"0 EXH WiUiafli.R,Kiesse 'Chief Enecuttv.e Officer Joseph W.;Gordo • PreSidentend Chief 000'01/Officer Michael S.Ciskowski Eicecutive Vice President antiChief financial Officer S.Eugene.Edwards Executive Vice President and ipilef Development Officer and Optimitation Gary.L.ArtitUr,Jr • • Senitir VIc:e President,-141.holisale Marketing lay Er. Vice.President and General Counsel R.Michael Crownoirer. Vice President Human Resources JarileC4-OltiNghair• •.: Senior Specialty Pi00.40.4 R.Lane Riggs..... ..Senior Vice-President-flefiningtaperationS Ponnalti, Senior Vice President and Treasurer Erie A.Fishier Vite Preildent Euttipe Martin).Parrish.... ...„....... 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Ifw�e4orrd h,.;,� r .J NI CI W• 4 tY1 • .^. 1 I. i I 1 1 tn•Nimacec AMC vnv/ccrintS/cQi/dwiSnart2 n1?COMMANT)=-4&SF.SSTONTT)=KOPticuhT)T.WKTC.TOF.nVh7 R177/7l11 re* i:#1 wi-tmetio/w ,440 Home of the Superstition Mountains .4 • ,N NOTICE The attached application for an Agent Change, Acquisition of Control- Restructure Beer and Wine Liquor License submitted for Diamond Shamrock Arizona #1647 located at 2341 S. Ironwood Drive, Apache Junction, Arizona, was posted on the 25th day of September, 2013, at 10.30 a.m. Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the city clerk at city hall within twenty (20) days after the date of posting. Arguments for, not objections against, shall be filed thereafter. A public hearing will be held Tuesday, October 15, 2013, at the City Council Chambers, 300 E. Superstition Blvd , Apache Junction, AZ at 7.00 p.m., at which time any objections filed will be heard Kathleen Connelly City Clerk DO NOT REMOVE THIS NOTICE AND/OR ATTACHMENTS. REMOVAL OF THIS APPLICATION MAY JEOPARDIZE CITY COUNCIL RECOMMENDATION. •Voice(480)982-8002 •FAX(480) 982-7018•TDD(480)983-0095• www.ajcity.net 300 E Superstition Boulevard, Apache Junction,AZ 85119 ray op • .� Home of the Superstition Mountains 0 September 25, 2013 George Leonard Engle Diamond Shamrock #1647 do CST Arizona Stations, Inc P.O. Box 690007 San Antonio, TX 78269-0007 Dear Mr. Engle. Please be advised that the application for an Agent Change, Acquisition of Control — Restructure Series 10 Liquor License submitted for Diamond Shamrock #1647, located at 2341 S. Ironwood Drive , Apache Junction, Arizona, was posted on September 25, 2013, in accordance with state law. The Apache Junction City Council will hold a public hearing on October 15, 2013, at 7.00 p m in the City Council Chambers, 300 E. Superstition Blvd , Apache Junction, at which time the city council will consider a recommendation for approval or disapproval which will be forwarded to the Arizona Department of Liquor Licenses and Control. Please note that the city council frequently has questions for the applicant. It is strongly recommended that you attend this meeting in order to avoid any delays in the processing of your application. There is a $50 non-refundable application fee that is due and must be received prior to Tuesday, October 1, 2013, in order for this application to be placed on the city council agenda. If you have any questions concerning this matter, please contact my office at (480) 474-5068. Sincerely, Kathleen Connelly City Clerk •Voice(480)982-8002 • FAX (480)982-7018•TDD(480)983-0095 • www.ajcity net 300 E Superstition Boulevard, Apache Junction,AZ 85119 SEPTEMBER 24, 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 LIQUOR LICENSE FOR DIAMOND SHAMROCK #1647 Mr. George Leonard Engle has submitted an application for an agent change, acquisition of control-restructure Series 10 Liquor License for Diamond Shamrock #1647 located at 2341 S. Ironwood Drive, Apache Junction, AZ 85120 Please conduct the necessary inspections and submit your recommendation by Tuesday, October 1, 2013, in order for this item to be on the agenda for the City Council meeting of October 15, 2013. Janet Mason From: Rudy Esquivias Sent: Tuesday, October 01,2013 12'40 PM To• Janet Mason; Jeff Robinson Cc: Brad Steinke Subject: RE liquor license application for Diamond Shamrock Jan The Planning Division has no objections to this liquor license request. The Diamond Shamrock store is properly zoned, meets distance requirements in relation to the school,and we note that this particular store has not had any violations for sales to minors, which is commendable and important, being right across the street from the high school eya Q& MaS Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7 00am to 6 00pm, closed Fridays and Holidays ) From: Janet Mason Sent: Thursday, September 26, 2013 5:35 PM To: Jeff Robinson; Rudy Esquivias Subject: liquor license application for Diamond Shamrock Sorry for the short notice on this one Please have your department recommendation to me no later than Tuesday, October 1. Thanks for the assistance! 1 /I Anal Amu Poise Dora�nct� �` bUOZDS umaceasu Mato .... DATE: September 27,2013 TO: Janet Mason abi Chief Thomas Kelly THROUGH: Captain Troy Mullend FROM. Lieutenant Jeff Robinson SUBJECT: Application for Liquor License for Diamond Shamrock#1647 On Fnday September 27, 2013 I conducted an inspection of the Diamond Shamrock convenience store located at 2341 South Ironwood Drive. I spoke to store manager Jeremy Kuntzelman who told me the stores name and contents are not going to change.The alcohol,beer and wine,will not change and no additional alcohol will be added. The only change will be that of the holding company. CST Brands has been changed from CST USA Inc. The required public hearing notice was affixed to the exterior door of the business and Mr. Kuntzelman informed me that the district manager will be notified of the city council meeting and will be in attendance. The Apache Junction Police Department has no reason to disapprove this liquor license application for Diamond Shamrock#1647 P1 es VoglNr e District 7 Apache Junction Fire District kh! . . °° ot �sit'•Gf ,� 565 North Idaho Road, Apache Junction, AZ 85219 ��FDISS��� Phone (480) 982-4440, Fax(480) 982-0183 14 { di nff rn Nt:<'�4 MEMORANDUM TO Jan Mason,Deputy City Clerk City of Apache Junction 300 E Superstition Blvd. Apache Jct,AZ 85219 FROM: John Suniga,Deputy Fire Marshal .--\0-> DATE October 2,2013 SUBJECT Application for Liquor License for 2341 S.Ironwood,Apache Jct.,AZ The Apache Junction Fire District has reviewed the application as noted above regarding the facilities at 2341 S Ironwood, (Diamond Shamrock #1647) We have recently completed an annual fire and life safety inspection with no major violations found We therefore would recommend approval of this application Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at 982-4440 Thank You JOS ATTN: Application ROLL CALL VOTE NOTES: , pS,e)./ 1 Amok r\ , \ / Vie 6(11°") ).),. )),/ ITEM# C)1\ MEETING OF 16 I4 0 Sjk \P MOTION BY SECONDED BY 0),,A* V YES NO ABSTAINED COUNCILMEMBER WALDRON I COUNCILMEMBER EVANS COUNCILMEMBER SERDY J COUNCILMEMBER WILSON J MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL \:` oak Ass. /1 ITEM NO. 9 I MOVE THAT THE APPLICATION FOR AN AGENT CHANGE, ACQUISITION OF CONTROL-RESTRUCTURE, SERIES 10 LIQUOR LICENSE FOR DIAMOND SHAMROCK, SUBMITTED BY GEORGE ENGLE, BE RECOMMENDED FOR (APPROVAL) OR(DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL 300E Superstition City of Apache Junction, Arizona Boulevard VAApache Junction,AZ 85119 Agenda Item Cover Sheet \ Agenda Item No.10. File ID: 13-321 Sponsor Kathy Connelly Agenda Date. 10/15/2013 Index. Local/State/Federal Statutory Requirement In Control: City Council Meeting Annual appointments and reappointments to the Construction Code Board of Appeals, Health and Human Services Commission and Municipal Property Corporation Council interviewed all valid applicants at the October 14 Work Session This item gives the council the opportunity to appoint or reappoint applicants to board and commission positions Consideration and action Attachments. 2013 b&c appointments 2ND session nb City of Apache Junction,Arizona Page 1 Printed on 10/7/2013 OCTOBER 1, 2013 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R HOFFMAN, CITY MANAGER THROUGH KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR OCTOBER 15, 2013 (BOARD & COMMISSION APPOINTMENTS & REAPPOINTMENTS) The council interviewed new applicants and reappointees for board and commission appointments at the work session of October 14, 2013 Copies of talent bank applications for current board and commission members wishing to be reappointed and new applicants were given to council in an accompanying notebook. Included in the notebook was an updated version of the board and commission list showing current vacancies and term expiration dates. You may choose to fill any or none of these vacancies from the pool of applicants Please contact me if you have need additional information Auk ROLL CALL VOTE NOTES (A\i\oAk ITEM # ^ MEETING OF MOTION BY: SECONDED BY: / YES NO ABSTAINED COUNCILMEMBER SERDY �! C',C\l PdC-I•L'f MEfdf$ Z-ZT_ COUNCILMEMBER EVANS J COUNCILMEMBER WILSON COUNCILMEMBER WALDRON V MAYOR INSALACO UNANIMO1US IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ITEM # MEETING OF _ U TRYJ MOTION BY: SECONDED BY: v YES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON v� COUNCILMEMBER EVANS I/ COUNCILMEMBER RIZZI V/ COUNCILMEMBER SERDY ✓ MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL `�JJ ROLL CALL VOTE NOTES n(9, ITEM # MEETING OF MOTION BY: SECONDED BY: 6()\1 YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON ✓ VICE MAYOR BARKER COUNCILMEMBER SERDY ✓ COUNCILMEMBER EVANS ✓` COUNCILMEMBER WALDRON MAYOR INSALACO ✓ UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: It . ITEM # MEETING�( OF\ " � W j(� MOTION BY V SECONDED BY: V YES NO ABSTAINED i COUNCILMEMBER WILSON V COUNCILMEMBER SERDY L/ COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI COUNCLMEMBER EVANS MAYOR INSALACO V UNANIMOUS IN FAVOR OPP SED ABSTAINED TOTAL �' ROLL CALL VOTE NOTES: / . \ 4 ITEM # MEETING OF MOTION BY , , \ SECONDED BY: \\ YES NO ABSTAINED COUNCILMEMBER EVANS i/ MAYO BARK COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON V COUNCILMEMBER SERDY V COUNCILMEMBER WILSON MAYOR INSALACOit UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL `j ROLL CALL VOTE NOTES: oink \\\)ly )‘Viji ITEM # '\\ 0-F MEETING OF \C MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WALDRON jJ COUNCILMEMBER EVANS ,I COUNCILMEMBER SERDY V M�AY0 3AR COUNCILMEMBER WILSON V COUNCILMEMBER RIZZI V MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY: V"Vv" SECONDED BY: tuo/i0 J YES NO ABSTAINED COUNCILMEMBER SERDY V COUNCILMEMBER RIZZI COUNCILMEMBER EVANS V COUNCILMEMBER WILSON COUNCILMEMBER WALDRON VICE MAYOR BARKER f MAYOR INSALACO t,' UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING OF MOTION BY SECONDED BY YES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER W ILSON VICE MAYOR BARKER COUNCILMEMBER SERDY COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 10 CONSTRUCTION CODE BOARD OF APPEALS (4 POSITIONS) (motion for new appointment for general contractor position—one position) I MOVE THAT BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE GENERAL CONTRACTOR POSITION FOR A TERM TO EXPIRE ON OCTOBER 31, 2015. (motion for reappointment for a contractor other than a general contractor—one position) I MOVE THAT BE REAPPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE CONTRACTOR OTHER THAN A GENERAL CONTRACTOR POSITION FOR A TERM TO EXPIRE OCTOBER 31,2015. (motion for new appointment if do not want to reappoint John Ford to the contractor other than a general contractor position) I MOVE THAT BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE CONTRACTOR OTHER THAN A GENERAL CONTRACTOR POSITION FOR A TERM TO EXPIRE OCTOBER 31,2015. (motion for new appointments for the lay person category—two positions, expiring two different years) Aftk I MOVE THAT BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE LAY PERSON CATEGORY FOR A TERM TO EXPIRE OCTOBER 31, 2015 I MOVE THAT BE APPOINTED TO THE CONSTRUCTION CODE BOARD OF APPEALS IN THE LAY PERSON CATEGORY FOR A TERM TO EXPIRE OCTOBER 31, 2014. HEALTH AND HUMAN SERVICES COMMISSION (1 POSITION) (motion for appointment—no one wishing reappointment) I MOVE THAT BE APPOINTED TO THE HEALTH AND HUMAN SERVICES COMMISSION FOR A TERM TO EXPIRE ON OCTOBER 31, 2016. MUNICIPAL PROPERTY CORPORATION (2 POSITIONS) (motion for reappointment—two wishing to be reappointed) I MOVE THAT BE REAPPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM(S)TO EXPIRE OCTOBER 31, 2015 (motion for new appointment—if needed) I MOVE THAT BE APPOINTED TO THE MUNICIPAL PROPERTY CORPORATION FOR A TERM TO EXPIRE OCTOBER 31, 2016 ROLL CALL VOTE NOTES: l '` k\\)C 1 ITEM # MEETING OF t MOTION BY: SECONDED BY: j,/ " ' YES NO ABSTAINED COUNCILMEMBER WILSON J COUNCILMEMBER SERDY V COUNCILMEMBER WALDRON V COUNCILMEMBER RIZZI V COUNCLMEMBEREVANS iiMAYOR INSALACO I UNANIMO JS IN FAVOR OPPOSED ABSTAINED TOTAL Alm Ikk IOW siooN ITEM NO. 11-12 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M ,AND A WORK SESSION AT 7'00 P.M., BE HELD ON MONDAY, NOVEMBER 4, 2013, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND imaiN THAT AN EXECUTIVE SESSION AT 5.45 P.M. BE HELD ON TUESDAY, NOVEMBER 5, 2013, IN THE CITY COUNCIL CONFERENCE ROOM. ADJOURNMENT: I I MOVE THAT THE MEETING BE ADJOURNED AT P.M. r ROLL CALL WS: I 1 I) REG: ID I 0 SPEC CITY COUNCIL: P / A P / A P / A MAYOR INSALACO ✓ V VICE MAYOR BARKER ✓ COUNCILMEMBER EVANS ✓ ✓ COUNCILMEMBER RIZZI J COUNCILMEMBER SERDY ✓ COUNCILMEMBER WALDRON COUNCILMEMBER WILSON TOTAL f/ �% f CITY STAFF: /DIM City Manager George Hoffman V Assistant City Manager Bryant Powell City Clerk Kathleen Connelly t/ City Attorney Joel Stern V Public Safety Director Tom Kelly ✓ �/ Public Works Director 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 -611))) Assistant to the City Manager Matt Busby OTHERS 1ki