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HomeMy WebLinkAbout2014 01.07 City Council Regular Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall Agenda 300 E.Superstition Blvd \gilONr Apache Junction,AZ City Council Meeting 85119 apachejunctionaz.gov Ph:(480)982-8002 Tuesday,January 7,2014 7:00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items. These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing. The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting. Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda. 1. 13-416 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 13-419 Approval of minutes of regular meeting of December 17, 2013. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin.121713 ccmin 121713 FINAL December 17, 2013 minutes 3. 13-395 The mayor and city council shall consider proposed Resolution No. 13-40, authorizing the city to enter into an intergovernmental agreement with Maricopa County Department of Transportation for the design and installation of traffic signal improvements at the intersection of Superstition Boulevard and Meridian Drive. Staff respectfully requests approval of this item. Consideration and action. Sponsors: Emile Schmid Attachments: Resolution No. 13-40 w IGA Resolution No. 13-40 FINAL Resolution No. 13-40 City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda January 7,2014 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. 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. 4. 13-423 City manager's report. Presentation and discussion. Sponsors: Bryant Powell 5. 13-412 Presentation by, and discussion with, representatives of the Apache Junction Chamber of Commerce and the Superstition Business Owners Group concerning Apache Trail. Presentation and discussion. Sponsors. Bryant Powell 6. 13-409 Legislative Update. Presentation and discussion. Sponsors: Matt Busby Attachments: Municipal Policy Statement 2014 CalendarDeadlines 7. 13-426 Presentation and discussion on "Dear Motorist"cyclist safety video. 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 611512026 City Council Meeting Agenda January 7,2014 8. 13-422 Application for person transfer, corporation, series 6 liquor license for Cowboys Up Inc. located at 285 N. Apache Trail. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. Sponsors: Kathy Connelly Attachments: 2013 Cowboy up 6 2013 cowboys up application part 1 2013 cowboys up application part 2 2013 cowboys up application part 3 2013 cowboys up notice 2013 cowboys up applicant letter 2013 Cowboy up 6.DEP 2013 Cowboy Up building recommendation 2013 cowboy up fire district recommendation 2013 Cowboy Up planning recommendation 2013 Cowboy Up pd recommendation 9. 13-421 Proposed Ordinance No. 1396 (rezoning case PZ-6-13), a request by Superstition Springs Holdings, LLC, represented by Kyleigh Merritt of triARCH Architecture, to rezone a 2.6-acre property located at the southeast corner of W. Apache Trail and S. Gold Drive, from Local Commercial District by Planned Development (C-2/PD) to General Commercial District by Planned Development (C-3/PD). Consideration and action. Sponsors: Rudy Esquivias Attachments: City Council cover memo and Ordinance No. 1396. P and Z Commission staff report with attachments. Ordinance No. 1396 FINAL I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. J. NEW BUSINESS The council shall consider any business not yet considered. No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk. K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. City of Apache Junction,Arizona Page 3 Printed on 6/15/2026 City Council Meeting Agenda January 7,2014 10. 13-411 Council direction to staff on implementing the zoning code update project timeline. Direction to staff. Sponsors: Brad Steinke Attachments: 13-12-11 (ZoneCodeUpdate CC AIT) L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 11. 13-425 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, January 20, 2014 is canceled due to the observation of Martin Luther King, Jr. Day. Sponsors: George Hoffman 12. 13-417 Executive Session at 5:45 P.M. and a Work Session at 7:00 P.M. for Tuesday, January 21, 2014. Other meetings if necessary. M. CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda.All speakers must have already submitted a written "Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda. If there is a group speaking on the same item, they should select a spokesperson.All such remarks shall be addressed to the council as a whole and not to any member thereof. The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act. The council may not answer questions of the speaker, discuss the matter with one another, but may, at the conclusion: 1)respond to criticism by a speaker;2)ask the city manager to review a matter;3)ask the city manager to place the matter on a future agenda. Each speaker must approach the podium, speak into the microphone,provide their name and address. There is a three (3)minute time limit per speaker. N. ADJOURNMENT Copies of this agenda and additional information 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 611512026 ►�P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. '+'Piz File ID: 13-416 Sponsor: Kathy Connelly Agenda Date: 1/7/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. '+'Piz File ID: 13-419 Sponsor: Kathy Connelly Agenda Date: 1/7/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of December 17, 2013. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING DECEMBER 17, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 17, 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 Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson (Councilmember Rizzi was absent. ) Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Assistant to the City Manager Matt Busby Others Present: None. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 1 OF 9 ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT WE ACCEPT THE RECOMMENDATIONS OF THE HEALTH AND HUMAN SERVICES COMMISSION AS OUTLINED IN THE MEMO FROM THE CITY CLERK DATED NOVEMBER 18, 2013, WHICH INCLUDES NOTIFICATION OF BOARD MEMBERS OF THE RESPECTIVE HUMAN SERVICES AGENCIES SHOULD THERE BE CONTRACT PERFORMANCE ISSUES AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2013-2014 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $30, 000; THE BOYS AND GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH IN THE AMOUNT OF $11, 000; COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $14, 000; AND EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $30, 000; FOR A TOTAL AMOUNT OF $85, 000 AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson thanked the parks and recreation department for the holiday events they had. There was a fantastic turnout. Public works did a good job removing the snow from the Trail so that the road was not icy. Councilmember Wilson wished the community a Merry Christmas and a Happy New Year. Councilmember Serdy thanked the police department for the security they did at the congressional hearing held in the council chambers . Councilmember Waldron announced he, the mayor and their wives attended the VFW District 10 awards ceremony on Saturday night which covers Apache Junction, part of Mesa and Casa Grande . REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 2 OF 9 Among the awards was the law enforcement officer of the year, won by Apache Junction Police Officer Chad Southwick. Mark Gomez of the Apache Junction Fire District was firefighter of the year. He commented the Voice of Democracy award was won by a student from Hamilton High in Chandler. Vice Mayor Barker announced that on Wednesday, December 7, she, the mayor, Councilmembers Wilson and Evans attended the East Valley Economic Forum along with former mayor Doug Coleman, former city manager Curtis Shook and a plethora of staff, well wishers and family to witness City Manager George Hoffman receiving the Dwight Patterson Lifetime Achievement Award, bestowed upon the best and brightest leaders in the East Valley community. A brief video demonstrating his leadership was shown. CITY MANAGER' S REPORT City Manager George Hoffman thanked Vice Mayor Barker, Larry Johnson and Mark LeResche for the video shoot and commented on how much the sweeps of the Highway User Revenue Funds by the Department of Public Safety affected the city. AWARDS, PRESENTATIONS AND PROCLAMATIONS Ms . Maria Elena Ochoa of Mountain Health and Wellness gave a presentation on their recent designation as a federally qualified health care center. PUBLIC HEARINGS APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR PAWS 4 LIFE CHARITY CAR SHOW ON JANUARY 18, 2014 ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms . Cindy Pierson, Elks Lodge, addressed the council . This is their second year of REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 3 OF 9 having this . It is the sixth year for Paws 4 Life. They moved it to the lodge because they needed more space. 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 discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR PAWS 4 LIFE CHARITY CAR SHOW ON JANUARY 18, 2014 BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS TO BE HELD FEBRUARY 21-23, 2014 ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Michael Cowan, Superstition Mountain Rotary Club, addressed the council . He is the chairman of the event this 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. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 4 OF 9 Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS TO BE HELD FEBRUARY 21-23, 2014 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 SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS, FEBRUARY 20, 2014 ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms . Cindy Pierson, Elks Lodge, addressed the council . She commented normally they get an extension of premises for this event. Since the liquor laws have changed, they would like to get the distributors to come out with a beer truck and that requires a special event liquor license. Mayor Insalaco commented and the brats are good. Ms . Cindy Pierson stated they are . 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. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 5 OF 9 Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS ON FEBRUARY 20, 2014, BE RECOMMENDED TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None . NEW BUSINESS LEGAL ADVERTISING AGREEMENT WITH THE ARIZONA REPUBLIC ) City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT THE AGREEMENT BETWEEN THE ARIZONA REPUBLIC AND THE CITY OF APACHE JUNCTION FOR LEGAL ADVERTISING FOR 2014 IN THE AMOUNT OF 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC, 25 CENTS PER LINE PER DAY IN THE ARIZONA BUSINESS GAZETTE, AND 80 CENTS PER LINE PER DAY IN THE ARIZONA REPUBLIC FOR THE TERM OF JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 BE APPROVED AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 6 OF 9 Councilmember Waldron asked if there is any consideration given to other types other than just the print media for these . City Clerk Kathleen Connelly stated it happens at every legislative session. For some reason it does not pass . She believes the print media has a very strong lobby. Councilmember Waldron commented yet the legislature does all their notices on the internet. DIRECTION TO STAFF None . 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, JANUARY 6, 2014, 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, JANUARY 7, 2014, IN THE CITY COUNCIL CHAMBERS . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . (During the vote, Councilmember Serdy announced he would miss those meetings . ) The motion carried. Mayor Insalaco wished everyone a Merry Christmas and happy holidays, and that we should be thankful we live in Arizona. He received a phone call from a cousin in New York who stated it was 4 degrees in the morning and it was going up to 11 degrees for a high that day. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 7 OF 9 They had the most snow they have had in Rochester in over 10 years . He commented they can keep every bit of it. CALL TO THE PUBLIC: None . ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 46 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of December 3, 2013 . 3 . Fiscal Year 2013-14 health and human services funding agreements . ACCEPTED THIS 7TH DAY OF JANUARY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF JANUARY, 2014 . JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 8 OF 9 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 17th day of December, 2013 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 19th day of December, 2013 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 9 OF 9 CITY COUNCIL REGULAR MEETING DECEMBER 17, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 17, 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 Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson (Councilmember Rizzi was absent. ) Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Assistant to the City Manager Matt Busby Others Present : None. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 1 OF 9 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT WE ACCEPT THE RECOMMENDATIONS OF THE HEALTH AND HUMAN SERVICES COMMISSION AS OUTLINED IN THE MEMO FROM THE CITY CLERK DATED NOVEMBER 18 , 2013 , WHICH INCLUDES NOTIFICATION OF BOARD MEMBERS OF THE RESPECTIVE HUMAN SERVICES AGENCIES SHOULD THERE BE CONTRACT PERFORMANCE ISSUES AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2013-2014 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $30, 000; THE BOYS AND GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH IN THE AMOUNT OF $11, 000; COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $14, 000; AND EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $30, 000 ; FOR A TOTAL AMOUNT OF $85, 000 AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson thanked the parks and recreation department for the holiday events they had. There was a fantastic turnout . Public works did a good job removing the snow from the Trail so that the road was not icy. Councilmember Wilson wished the community a Merry Christmas and a Happy New Year. Councilmember Serdy thanked the police department for the security they did at the congressional hearing held in the council chambers. Councilmember Waldron announced he, the mayor and their wives attended the VFW District 10 awards ceremony on Saturday night which covers Apache Junction, part of Mesa and Casa Grande. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 2 OF 9 Among the awards was the law enforcement officer of the year, won by Apache Junction Police Officer Chad Southwick. Mark Gomez of the Apache Junction Fire District was firefighter of the year. He commented the Voice of Democracy award was won by a student from Hamilton High in Chandler. Vice Mayor Barker announced that on Wednesday, December 7, she, the mayor, Councilmembers Wilson and Evans attended the East Valley Economic Forum along with former mayor Doug Coleman, former city manager Curtis Shook and a plethora of staff, well wishers and family to witness City Manager George Hoffman receiving the Dwight . Patterson Lifetime Achievement Award, bestowed upon the best and brightest leaders in the East Valley community. A brief video demonstrating his leadership was shown. CITY MANAGER' S REPORT City Manager George Hoffman thanked Vice Mayor Barker, Larry Johnson and Mark LeResche for the video shoot and commented on how much the sweeps of the Highway User Revenue Funds by the Department of Public Safety affected the city. AWARDS, PRESENTATIONS AND PROCLAMATIONS Ms. Maria Elena Ochoa of Mountain Health and Wellness gave a presentation on their recent designation as a federally qualified health care center. PUBLIC HEARINGS APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR PAWS 4 LIFE CHARITY CAR SHOW ON JANUARY 18, 2014 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms . Cindy Pierson, Elks Lodge, addressed the council . This is their second year of REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 3 OF 9 having this . It is the sixth year for Paws 4 Life . They moved it to the lodge because they needed more space. 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 discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR PAWS 4 LIFE CHARITY CAR SHOW ON JANUARY 18, 2014 BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS TO BE HELD FEBRUARY 21-23 , 2014 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Michael Cowan, Superstition Mountain Rotary Club, addressed the council . He is the chairman of the event this 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. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 4 OF 9 Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS TO BE HELD FEBRUARY 21-23, 2014 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 SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS, FEBRUARY 20, 2014 } } City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms. Cindy Pierson, Elks Lodge, addressed the council . She commented normally they get an extension of premises for this event. Since the liquor laws have changed, they would like to get the distributors to come out with a beer truck and that requires a special event liquor license. Mayor Insalaco commented and the brats are good. Ms. Cindy Pierson stated they are. 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. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 5 OF 9 Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE 42349 FOR LOST DUTCHMAN DAYS ON FEBRUARY 20, 2014, BE RECOMMENDED TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS LEGAL ADVERTISING AGREEMENT WITH THE ARIZONA REPUBLIC } } City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT THE AGREEMENT BETWEEN THE ARIZONA REPUBLIC AND THE CITY OF APACHE JUNCTION FOR LEGAL ADVERTISING FOR 2014 IN THE AMOUNT OF 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC, 25 CENTS PER LINE PER DAY IN THE ARIZONA BUSINESS GAZETTE, AND 80 CENTS PER LINE PER DAY IN THE ARIZONA REPUBLIC FOR THE TERM OF JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 BE APPROVED AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 6 OF 9 Councilmember Waldron asked if there is any consideration given to other types other than just the print media for these . City Clerk Kathleen Connelly stated it happens at every legislative session. For some reason it does not pass. She believes the print media has a very strong lobby. Councilmember Waldron commented yet the legislature does all their notices on the internet . DIRECTION TO STAFF None . 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, JANUARY 6, 2014, 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, JANUARY 7, 2014, IN THE CITY COUNCIL CHAMBERS. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. (During the vote, Councilmember Serdy announced he would miss those meetings. ) The motion carried. Mayor Insalaco wished everyone a Merry Christmas and happy holidays, and that we should be thankful we live in Arizona. He received a phone call from a cousin in New York who stated it was 4 degrees in the morning and it was going up to 11 degrees for a high that day. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 7 OF 9 They had the most snow they have had in Rochester in over 10 years. He commented they can keep every bit of it . CALL TO THE PUBLIC: None. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 :46 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of December 3 , 2013 . 3 . Fiscal Year 2013-14 health and human services funding agreements. ACCEPTED THIS 7TH DAY OF JANUARY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF JANUARY, 2014 . jHN S. I9SALAC0 Mayor ATTEST: &KA LE N CONN TH ELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 8 OF 9 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 17th day of December, 2013 . 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 19th day of December, 2013 . K4ATHLEEN I CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 9 OF 9 CITY COUNCIL REGULAR MEETING DECEMBER 17, 2013 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on December 17, 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 Serdy led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Serdy Councilmember Waldron Councilmember Wilson (Councilmember Rizzi was absent. ) Staff Present: City Manager George Hoffman Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Assistant to the City Manager Matt Busby Others Present : None. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 1 OF 9 ACCEPTANCE OF CONSENT AGENDA Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT WE ACCEPT THE RECOMMENDATIONS OF THE HEALTH AND HUMAN SERVICES COMMISSION AS OUTLINED IN THE MEMO FROM THE CITY CLERK DATED NOVEMBER 18 , 2013 , WHICH INCLUDES NOTIFICATION OF BOARD MEMBERS OF THE RESPECTIVE HUMAN SERVICES AGENCIES SHOULD THERE BE CONTRACT PERFORMANCE ISSUES AND THAT APPROVAL BE GIVEN FOR PROFESSIONAL SERVICES AGREEMENTS FOR FISCAL YEAR 2013-2014 BETWEEN THE CITY OF APACHE JUNCTION AND THE APACHE JUNCTION REACH OUT FOOD BANK IN THE AMOUNT OF $30, 000; THE BOYS AND GIRLS CLUB OF THE EAST VALLEY - APACHE JUNCTION BRANCH IN THE AMOUNT OF $11, 000; COMMUNITY ALLIANCE AGAINST FAMILY ABUSE IN THE AMOUNT OF $14, 000; AND EAST VALLEY ADULT RESOURCES FOR THE APACHE JUNCTION SENIOR CENTER IN THE AMOUNT OF $30, 000 ; FOR A TOTAL AMOUNT OF $85, 000 AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENTS. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Wilson thanked the parks and recreation department for the holiday events they had. There was a fantastic turnout . Public works did a good job removing the snow from the Trail so that the road was not icy. Councilmember Wilson wished the community a Merry Christmas and a Happy New Year. Councilmember Serdy thanked the police department for the security they did at the congressional hearing held in the council chambers. Councilmember Waldron announced he, the mayor and their wives attended the VFW District 10 awards ceremony on Saturday night which covers Apache Junction, part of Mesa and Casa Grande. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 2 OF 9 Among the awards was the law enforcement officer of the year, won by Apache Junction Police Officer Chad Southwick. Mark Gomez of the Apache Junction Fire District was firefighter of the year. He commented the Voice of Democracy award was won by a student from Hamilton High in Chandler. Vice Mayor Barker announced that on Wednesday, December 7, she, the mayor, Councilmembers Wilson and Evans attended the East Valley Economic Forum along with former mayor Doug Coleman, former city manager Curtis Shook and a plethora of staff, well wishers and family to witness City Manager George Hoffman receiving the Dwight . Patterson Lifetime Achievement Award, bestowed upon the best and brightest leaders in the East Valley community. A brief video demonstrating his leadership was shown. CITY MANAGER' S REPORT City Manager George Hoffman thanked Vice Mayor Barker, Larry Johnson and Mark LeResche for the video shoot and commented on how much the sweeps of the Highway User Revenue Funds by the Department of Public Safety affected the city. AWARDS, PRESENTATIONS AND PROCLAMATIONS Ms. Maria Elena Ochoa of Mountain Health and Wellness gave a presentation on their recent designation as a federally qualified health care center. PUBLIC HEARINGS APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR PAWS 4 LIFE CHARITY CAR SHOW ON JANUARY 18, 2014 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms . Cindy Pierson, Elks Lodge, addressed the council . This is their second year of REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 3 OF 9 having this . It is the sixth year for Paws 4 Life . They moved it to the lodge because they needed more space. 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 discussion, he called for a motion. Councilmember Waldron MOVED THAT THE APPLICATION FOR AN EXTENSION OF PREMISES FOR ELKS LODGE #2349 FOR PAWS 4 LIFE CHARITY CAR SHOW ON JANUARY 18, 2014 BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS TO BE HELD FEBRUARY 21-23 , 2014 City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr. Michael Cowan, Superstition Mountain Rotary Club, addressed the council . He is the chairman of the event this 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. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 4 OF 9 Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR LOST DUTCHMAN DAYS TO BE HELD FEBRUARY 21-23, 2014 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 SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR LOST DUTCHMAN DAYS, FEBRUARY 20, 2014 } } City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco requested the applicant address the council . Ms. Cindy Pierson, Elks Lodge, addressed the council . She commented normally they get an extension of premises for this event. Since the liquor laws have changed, they would like to get the distributors to come out with a beer truck and that requires a special event liquor license. Mayor Insalaco commented and the brats are good. Ms. Cindy Pierson stated they are. 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. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 5 OF 9 Councilmember Waldron MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE 42349 FOR LOST DUTCHMAN DAYS ON FEBRUARY 20, 2014, BE RECOMMENDED TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL FOR APPROVAL. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS LEGAL ADVERTISING AGREEMENT WITH THE ARIZONA REPUBLIC } } City Clerk Kathleen Connelly briefed the council on the item. Mayor Insalaco called for a motion. Councilmember Waldron MOVED THAT THE AGREEMENT BETWEEN THE ARIZONA REPUBLIC AND THE CITY OF APACHE JUNCTION FOR LEGAL ADVERTISING FOR 2014 IN THE AMOUNT OF 33 CENTS PER LINE PER DAY IN THE MESA REPUBLIC, 25 CENTS PER LINE PER DAY IN THE ARIZONA BUSINESS GAZETTE, AND 80 CENTS PER LINE PER DAY IN THE ARIZONA REPUBLIC FOR THE TERM OF JANUARY 1, 2014 THROUGH DECEMBER 31, 2014 BE APPROVED AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT. Vice Mayor Barker SECONDED THE MOTION. VOTE: Unanimous . The motion carried. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 6 OF 9 Councilmember Waldron asked if there is any consideration given to other types other than just the print media for these . City Clerk Kathleen Connelly stated it happens at every legislative session. For some reason it does not pass. She believes the print media has a very strong lobby. Councilmember Waldron commented yet the legislature does all their notices on the internet . DIRECTION TO STAFF None . 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, JANUARY 6, 2014, 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, JANUARY 7, 2014, IN THE CITY COUNCIL CHAMBERS. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous. (During the vote, Councilmember Serdy announced he would miss those meetings. ) The motion carried. Mayor Insalaco wished everyone a Merry Christmas and happy holidays, and that we should be thankful we live in Arizona. He received a phone call from a cousin in New York who stated it was 4 degrees in the morning and it was going up to 11 degrees for a high that day. REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 7 OF 9 They had the most snow they have had in Rochester in over 10 years. He commented they can keep every bit of it . CALL TO THE PUBLIC: None. ADJOURNMENT Mayor Insalaco adjourned the meeting at 7 :46 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of December 3 , 2013 . 3 . Fiscal Year 2013-14 health and human services funding agreements. ACCEPTED THIS 7TH DAY OF JANUARY, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 7TH DAY OF JANUARY, 2014 . jHN S. I9SALAC0 Mayor ATTEST: &KA LE N CONN TH ELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 8 OF 9 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 17th day of December, 2013 . 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 19th day of December, 2013 . K4ATHLEEN I CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL DECEMBER 17, 2013 PAGE 9 OF 9 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 3. �Piz oN* File ID: 13-395 Sponsor: Emile Schmid Agenda Date: 1/7/2014 Index: In Control: City Council Meeting The mayor and city council shall consider proposed Resolution No. 13-40, authorizing the city to enter into an intergovernmental agreement with Maricopa County Department of Transportation for the design and installation of traffic signal improvements at the intersection of Superstition Boulevard and Meridian Drive. Staff respectfully requests approval of this item. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 RESOLUTION NO. 13-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF SUPERSTITION BOULEVARD AND MERIDIAN DRIVE . WHEREAS, A. R. S . § 11-951 and 28-6701 et seq. authorize Maricopa County (the "County") to layout, maintain, control and manage public roads within the County; and WHEREAS, A.R. S. § 11-951 et seq. authorizes public agencies to enter into intergovernmental agreements for the provision of services or for joint or cooperative action; and WHEREAS, the County has requested that traffic signal improvements at the intersection (the `Project") be installed near a County owned intersection (the "Location") to upgrade an old traffic signal at the Superstition Boulevard and Meridian Drive intersection; and WHEREAS, both the City and the County recognize that the installation of the Project is beneficial to the traveling public and area residents; and WHEREAS, the cost for the future maintenance of the Project will be the responsibility of the County; and WHEREAS, the purpose of this Agreement is to identify and define both the City' s and the County' s respective obligations and responsibilities concerning the installation and maintenance of the Project . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1) The Mayor and City Council approve the intergovernmental agreement between the City and the County, attached hereto as Attachment A, and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. RESOLUTION NO. 13-40 Page 1 of 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF SIGNED AND ATTESTED TO THIS DAY OF , 2013. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 4- ►2-13-►3 RICHARD J. STERN City Attorney RESOLUTION NO. 13-40 Page 2 of 2 Attachment A INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF APACHE JUNCTION FOR TRAFFIC SIGNAL IMPROVEMENTS, DESIGN AND INSTALLATION AT THE INTERSECTION OF UNIVERSITY DRIVE AND MERIDIAN ROAD (TT# 460) (C-64-14- -M-00) This Intergovernmental Agreement ("Agreement') is between the County of Maricopa, a political subdivision of the State of Arizona ("County"), and the City of Apache Junction, an Arizona municipal corporation ("City"). The County and City are collectively referred to as the Parties or individually as a Party. This Agreement shall become effective as of the date it is approved by the Maricopa County Board of Supervisors. STATUTORY AUTHORIZATION 1. A.R.S. Section 11-251 and Sections 28-6701 et. seq. authorize the County to lay out, maintain, control and manage public roads within the County. 2. A.R.S. Sections 11-951 et. seq. authorize public agencies to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. 3. A.R.S. Section 9-240 and Sections 9-276 et. seq. authorize the City to lay out and establish, regulate and improve streets within the City and to enter into this Agreement. BACKGROUND 4. Currently, the intersection at University Drive and Meridian Road is signalized. A field investigation performed by County identified the need to improve the traffic signals at the intersection. 5. It is anticipated that the County will initiate scoping and design of this is Project to beginning in fiscal year 2014, with construction to be completed during fiscal year 2015. Page 1 of'8 6. The southwest corner of the intersection is in County right-of-way and the northeast and southeast corner of the intersection is in the City's right-of-way. The northwest corner is in the City of Mesa's jurisdictional boundary but has chosen not to participate in the project. The County maintains three of the four intersection legs, and the City maintains one of the four intersection legs. 7. The total Project cost is currently estimated to be $400,000. The County will be responsible for seventy-five percent (75%) of the cost, and the City will be responsible for twenty-five percent (25%) of the cost. PURPOSE OF THE AGREEMENT 8. The purpose of this Agreement is to identify and define the responsibilities of the County and City for the Project, including cost sharing, design, construction and construction management. TERMS OF THE AGREEMENT 9. Responsibilities of the County: 9.1 Act as the lead agency for all aspects of the Project. 9.2 Coordinate with the City for all phases of the Project. 9.3 Provide to the City a set of final sealed plans and specifications. 9.4 Contribute seventy-five percent (75%) of the funding for the Project. 9.5 Design and construct the Project to County standards. 9.6 Submit copies of the County's plan submittals to the City for review and comment. 9.7 Assume responsibility for temporary traffic control during construction of the Project. 9.8 Invoice the City for half of the twenty-five percent (25%) of the Project cost not before Julyl, 2014 and invoice the City for the remaining balance not before July 1, 2015. 9.9 Retain ownership, operation and maintenance of the traffic signal on completion of the Project. 9.10 Request no cost permits from the City for work done within the City's right-of- way. 10. Responsibilities of the City: Page 2 of 8 10.1 Coordinate with the County for all phases of the Project. 10.2 Contribute twenty-five percent (25%) of the funding for the Project. 10.3 Remit payment to the County for twenty-five percent (25%) of the Project cost within thirty (30) days of receipt of an invoice from the County. 10.4 Review the County's plan submittals and respond to the County with comments within ten (10) working days of receipt. 10.5 Issue no cost permits to the County for work done within the City's right-of-way. GENERAL TERMS AND CONDITIONS 11. By entering into this Agreement, the Parties agree that to the extent permitted by law, each Party will indemnify, defend and save the other Parties harmless, including any of the Parties' departments, agencies, officers, employees, elected officials or agents, from and against all loss, expense, damage or claim of any nature whatsoever which is caused by any activity, condition or event arising out of the negligent performance or nonperformance by the indemnifying Party of any of the provisions of this Agreement. By entering into this Agreement, each Party indemnifies the other against all liability, losses and damages of any nature for or on account of any injuries or death of persons or damages to or destruction of property arising out of or in any way connected with the performance or nonperformance of this Agreement, except such injury or damage as shall have been caused or contributed to by the negligence of that other Party. The damages which are the subject of this indemnity shall include but not be limited to the damages incurred by any Party, its departments, agencies, officers, employees, elected officials or agents. In the event of an action, the damages which are the subject of this indemnity shall include costs, expenses of litigation and reasonable attorney's fees. 12. City and County each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City or County to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code or County Ordinance), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. Page 3 of 8 13. Neither City nor County, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of consultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by County in connection with the Project. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 14. This Agreement shall become effective as of the date it is approved by the Maricopa County Board of Supervisors and remain in full force and effect until all stipulations previously indicated have been satisfied except that it may be amended upon written Agreement by all Parties. Any Party may terminate this Agreement upon furnishing the other Party with a written notice at least thirty (30) days prior to the effective termination date. 15. This Agreement shall be subject to the provisions of A.R.S. Section 38-511. 16. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and further acknowledge that: 16.1 Any contractor or subcontractor who is contracted by a Party to perform work on the Project shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. Section 23-214(A), and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer. 16.2 Any breach of the warranty, shall be deemed a material breach of the contract contract that is subject to penalties up to and including termination of the contract. Page 4 of 8 16.3 The Parties retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the Project to ensure that the contractor or subcontractor is complying with the warranty above and that the contractor agrees to make all papers and employment records of said employee available during normal working hours in order to facilitate such an inspection. 16.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 17. Each Party to this Agreement warrants that neither it nor any contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement is suspended or debarred by any federal agency which has provided funding that will be used in the Project described in this Agreement. 18. Each of the following shall constitute a material breach of this Agreement and an event of default ("Default") hereunder: A Party's failure to observe or perform any of the material covenants, conditions or provisions of this Agreement to be observed or performed by that Party ("Defaulting Party"), where such failure shall continue for a period of thirty (30) days after the Defaulting Party receives written notice of such failure from the non-defaulting party provided, however, that such failure shall not be a Default if the Defaulting Party has commenced to cure the Default within such thirty (30) day period and thereafter is diligently pursuing such cure to completion, but the total aggregate cure period shall not exceed ninety (90) days unless the Parties agree in writing that additional time is reasonably necessary under such circumstances to cure such default. In the event a Defaulting Party fails to perform any of its material obligations under this Agreement and is in Default pursuant to this Section, the non- defaulting party, at its option, may terminate this Agreement. Further, upon the occurrence of any Default and at any time thereafter, the non-defaulting party may, but shall not be required to, exercise any remedies now or hereafter available to it at law or in equity. 19. All notices required under this agreement to be given in writing shall be sent to: Maricopa County Department of Transportation Attn: Intergovernmental Liaison 2901 W. Durango Street Phoenix, Arizona 85009 City of Apache Junction Public Works Department Attn: Giao Pham 300 E Superstition Boulevard Apache Junction, Arizona 85119 Page 5 of 8 eAll notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered in person (by hand or courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be deemed sufficiently given if served in a manner specified in this paragraph. Either Party may by written notice to the other specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail, the notice shall be deemed given 72 hours after the notice is addressed as required in this paragraph and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service or courier. 20. This Agreement does not imply authority to perform any tasks, or accept any responsibility, not expressly stated in this Agreement. 21. This Agreement does not create a duty or responsibility unless the intention to do so is clearly and unambiguously stated in this Agreement. 22. This Agreement does not grant authority to control the subject roadway, except to the extent necessary to perform the tasks expressly undertaken pursuant to this Agreement. 23. Any funding provided for in this Agreement, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the Maricopa County Board of Supervisors and the Apache Junction City Council in such fiscal year. This Agreement may be terminated by any Party at the end of any fiscal year due to non-appropriation of funds. 24. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assignees. Neither Party shall assign its interest in this Agreement without the prior written consent of the other Party. 25. This Agreement and all Exhibits attached to this Agreement set forth all of the covenants, promises, agreements, conditions and understandings between the Parties to this Agreement, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the Parties other than as set forth in this Agreement, and those agreements which are executed contemporaneously with this Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the party drafting this Agreement. This Agreement cannot be modified or changed except by a written instrument executed by all of the Parties hereto. Each party has reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel. 26. The waiver by any Party of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement, nor may any waiver be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. Page 6 of 8 27. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law, but if any provision shall be invalid or prohibited under the law, such provision shall be ineffective to the extent of such prohibition or invalidation but shall not invalidate the remainder of such provision or the remaining provisions. 28. Except as otherwise provided in this Agreement, all covenants, agreements, representations and warranties set forth in this Agreement or in any certificate or instrument executed or delivered pursuant to this Agreement shall survive the expiration or earlier termination of this Agreement for a period of one (1) year. 29. Nothing contained in this Agreement shall create any partnership, joint venture or other agreement between the Parties hereto. Except as expressly provided in this Agreement, no term or provision of this Agreement is intended or shall be for the benefit of any person or entity not a party to this Agreement, and no such other person or entity shall have any right or cause of action under this Agreement. 30. Time is of the essence concerning this Agreement. Unless otherwise specified in this Agreement, the term "day' as used in this Agreement means calendar day. If the date for performance of any obligation under this Agreement or the last day of any time period provided in this Agreement falls on a Saturday, Sunday or legal holiday, then the date for performance or time period shall expire at the close of business on the first day thereafter which is not a Saturday, Sunday or legal holiday. 31. Sections and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 32. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied and scanned signatures are acceptable as original signatures. 33, The Parties agree to execute and/or deliver to each other such other instruments and documents as may be reasonably necessary to fulfill the covenants and obligations to be performed by such party pursuant to this Agreement. 34. The Parties hereby agree that the venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 35. This Agreement shall be governed by the laws of the State of Arizona. 36. Unless otherwise lawfully terminated by the Parties, this Agreement expires upon completion and acceptance of the Project and fulfillment of all terms of the Agreement. End of Agreement- Signature Page Follows Page 7 of 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. MARICOPA COUNTY CITY OF APACHE JUNCTION Recommended by: Recommended by: John B. Hauskins, P.E. Date George Hoffman Date Transportation Director City Manager Approved and Accepted by: Approved and Accepted by: Andrew Kunasek, Chairman Date John Insalaco Date Board of Supervisors Mayor Attest by: Attest by: Fran McCarroll Kathy Connelly Clerk of the Board Date City Clerk Date APPROVAL OF DEPUTY COUNTY ATTORNEY AND CITY ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the Parties by their respective governing bodies under the laws of the State of Arizona. Deputy County Attorney Date City Attorney Date Page 8 of 8 RESOLUTION NO. 13-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF SUPERSTITION BOULEVARD AND MERIDIAN DRIVE. WHEREAS, A.R.S. § 11-951 and 28-6701 et seq. authorize Maricopa County (the "County") to layout, maintain, control and manage public roads within the County; and WHEREAS, A.R.S. § 11-951 et seq. authorizes public agencies to enter into intergovernmental agreements for the provision of services or for joint or cooperative action; and WHEREAS, the County has requested that traffic signal improvements at the intersection (the "Project") be installed near a County owned intersection (the "Location") to upgrade an old traffic signal at the Superstition Boulevard and Meridian Drive intersection; and WHEREAS, both the City and the County recognize that the installation of the Project is beneficial to the traveling public and area residents; and WHEREAS, the cost for the future maintenance of the Project will be the responsibility of the County; and WHEREAS, the purpose of this Agreement is to identify and define both the City' s and the County' s respective obligations and responsibilities concerning the installation and maintenance of the Project . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1) The Mayor and City Council approve the intergovernmental agreement between the City and the County, attached hereto as Attachment A, and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. RESOLUTION NO. 13-40 Page 1 of 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7TE DAY OF JANUARY, 2014. SIGNED AND ATTESTED TO THIS 7TH DAY OF JANUARY -, k=. 2014. Ja�, q_'4�04�1 i N S . I7S_ALACO avy'or ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: *1','-13-13 RICHARD J. STERN City Attorney RESOLUTION NO. 13-40 Page 2 of 2 Attachment A INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF APACHE JUNCTION FOR TRAFFIC SIGNAL IMPROVEMENTS, DESIGN AND INSTALLATION AT THE INTERSECTION OF UNIVERSITY DRIVE AND MERIDIAN ROAD (TT# 460) (C-64-14- -M-00) This Intergovernmental Agreement ("Agreement") is between the County of Maricopa, a political subdivision of the State of Arizona ("County"), and the City of Apache Junction, an Arizona municipal corporation ("City"). The County and City are collectively referred to as the Parties or individually as a Party. This Agreement shall become effective as of the date it is approved by the Maricopa County Board of Supervisors. STATUTORY AUTHORIZATION 1. A.R.S. Section 11-251 and Sections 28-6701 et seq, authorize the County to lay out, maintain, control and manage public roads within the County. 2. A.R.S. Sections 11-951 et seq. authorize public agencies to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. 3. A.R.S. Section 9-240 and Sections 9-276 et seq. authorize the City to lay out and establish, regulate and improve streets within the City and to enter into this Agreement. BACKGROUND 4. Currently, the intersection at University Drive and Meridian Road is signalized. A field investigation performed by County identified the need to improve the traffic signals at the intersection. 5. It is anticipated that the County will initiate scoping and design of this is Project to beginning in fiscal year 2014, with construction to be completed during fiscal year 2015. Page 1 of 8 6. The southwest corner of the intersection is in County right-of-way and the northeast and southeast corner of the intersection is in the City's right-of-way. The northwest corner is in the City of Mesa's jurisdictional boundary but has chosen not to participate in the project. The County maintains three of the four intersection legs, and the City maintains one of the four intersection legs. 7. The total Project cost is currently estimated to be $400,000. The County will be responsible for seventy-five percent (75%) of the cost, and the City will be responsible for twenty-five percent (25%) of the cost. PURPOSE OF THE AGREEMENT 8. The purpose of this Agreement is to identify and define the responsibilities of the County and City for the Project, including cost sharing, design, construction and construction management. TERMS OF THE AGREEMENT 9. Responsibilities of the County: 9.1 Act as the lead agency for all aspects of the Project. 9.2 Coordinate with the City for all phases of the Project. 9.3 Provide to the City a set of final sealed plans and specifications. 9.4 Contribute seventy-five percent (75%) of the funding for the Project. 9.5 Design and construct the Project to County standards. 9.6 Submit copies of the County's plan submittals to the City for review and comment. 9.7 Assume responsibility for temporary traffic control during construction of the Project. 9.8 Invoice the City for half of the twenty-five percent (25%) of the Project cost not before Julyl, 2014 and invoice the City for the remaining balance not before July 1, 2015. 9.9 Retain ownership, operation and maintenance of the traffic signal on completion of the Project. 9.10 Request no cost permits from the City for work done within the City's right-of- way. 10. Responsibilities of the City: Page 2 Of 8 10.1 Coordinate with the County for all phases of the Project. 10.2 Contribute twenty-five percent (25%) of the funding for the Project. 10.3 Remit payment to the County for twenty-five percent (25%) of the Project cost within thirty (30) days of receipt of an invoice from the County. 10.4 Review the County's plan submittals and respond to the County with comments within ten (10) working days of receipt. 10.5 Issue no cost permits to the County for work done within the City's right-of-way. GENERAL TERMS AND CONDITIONS 11. By entering into this Agreement, the Parties agree that to the extent permitted by law, each Party will indemnify, defend and save the other Parties harmless, including any of the Parties' departments, agencies, officers, employees, elected officials or agents, from and against all loss, expense, damage or claim of any nature whatsoever which is caused by any activity, condition or event arising out of the negligent performance or nonperformance by the indemnifying Party of any of the provisions of this Agreement. By entering into this Agreement, each Party indemnifies the other against all liability, losses and damages of any nature for or on account of any injuries or death of persons or damages to or destruction of property arising out of or in any way connected with the performance or nonperformance of this Agreement, except such injury or damage as shall have been caused or contributed to by the negligence of that other Party. The damages which are the subject of this indemnity shall include but not be limited to the damages incurred by any Party, its departments, agencies, officers, employees, elected officials or agents. In the event of an action, the damages which are the subject of this indemnity shall include costs, expenses of litigation and reasonable attorney's fees. 12. City and County each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City or County to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code or County Ordinance), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. Page of 13. Neither City nor County, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of consultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by County in connection with the Project. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 14. This Agreement shall become effective as of the date it is approved by the Maricopa County Board of Supervisors and remain in full force and effect until all stipulations previously indicated have been satisfied except that it may be amended upon written Agreement by all Parties. Any Party may terminate this Agreement upon furnishing the other Party with a written notice at least thirty (30) days prior to the effective termination date. 15. This Agreement shall be subject to the provisions of A.R.S. Section 38-511. 16. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and further acknowledge that: 16.1 Any contractor or subcontractor who is contracted by a Party to perform work on the Project shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. Section 23-214(A), and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer. 16.2 Any breach of the warranty, shall be deemed a material breach of the contract contract that is subject to penalties up to and including termination of the contract. Page 4 Of 8 16.3 The Parties retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the Project to ensure that the contractor or subcontractor is complying with the warranty above and that the contractor agrees to make all papers and employment records of said employee available during normal working hours in order to facilitate such an inspection. 16.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 17. Each Party to this Agreement warrants that neither it nor any contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement is suspended or debarred by any federal agency which has provided funding that will be used in the Project described in this Agreement. 18. Each of the following shall constitute a material breach of this Agreement and an event of default ("Default") hereunder: A Party's failure to observe or perform any of the material covenants, conditions or provisions of this Agreement to be observed or performed by that Party ("Defaulting Party"), where such failure shall continue for a period of thirty (30) days after the Defaulting Party receives written notice of such failure from the non-defaulting party provided, however, that such failure shall not be a Default if the Defaulting Party has commenced to cure the Default within such thirty (30) day period and thereafter is diligently pursuing such cure to completion, but the total aggregate cure period shall not exceed ninety (90) days unless the Parties agree in writing that additional time is reasonably necessary under such circumstances to cure such default. In the event a Defaulting Party fails to perform any of its material obligations under this Agreement and is in Default pursuant to this Section, the non- defaulting party, at its option, may terminate this Agreement. Further, upon the occurrence of any Default and at any time thereafter, the non-defaulting party may, but shall not be required to, exercise any remedies now or hereafter available to it at law or in equity. 19. All notices required under this agreement to be given in writing shall be sent to: Maricopa County Department of Transportation Attn: Intergovernmental Liaison 2901 W. Durango Street Phoenix, Arizona 85009 City of Apache Junction Public Works Department Attn: Giao Pharn 300 E Superstition Boulevard Apache Junction, Arizona 85119 Page 5 of 8 eAll notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered in person (by hand or courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be deemed sufficiently given if served in a manner specified in this paragraph. Either Party may by written notice to the other specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail, the notice shall be deemed given 72 hours after the notice is addressed as required in this paragraph and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service or courier. 20. This Agreement does not imply authority to perform any tasks, or accept any responsibility, not expressly stated in this Agreement. 21. This Agreement does not create a duty or responsibility unless the intention to do so is clearly and unambiguously stated in this Agreement. 22. This Agreement does not grant authority to control the subject roadway, except to the extent necessary to perform the tasks expressly undertaken pursuant to this Agreement. 23. Any funding provided for in this Agreement, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the Maricopa County Board of Supervisors and the Apache Junction City Council in such fiscal year. This Agreement may be terminated by any Party at the end of any fiscal year due to non-appropriation of funds. 24. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assignees. Neither Party shall assign its interest in this Agreement without the prior written consent of the other Party. 25. This Agreement and all Exhibits attached to this Agreement set forth all of the covenants, promises, agreements, conditions and understandings between the Parties to this Agreement, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the Parties other than as set forth in this Agreement, and those agreements which are executed contemporaneously with this Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the party drafting this Agreement. This Agreement cannot be modified or changed except by a written instrument executed by all of the Parties hereto. Each party has reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel. 26. The waiver by any Party of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement, nor may any waiver be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. Page 6 of 8 27. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law, but if any provision shall be invalid or prohibited under the law, such provision shall be ineffective to the extent of such prohibition or invalidation but shall not invalidate the remainder of such provision or the remaining provisions. 28. Except as otherwise provided in this Agreement, all covenants, agreements, representations and warranties set forth in this Agreement or in any certificate or instrument executed or delivered pursuant to this Agreement shall survive the expiration or earlier termination of this Agreement for a period of one (1) year. 29. Nothing contained in this Agreement shall create any partnership, joint venture or other agreement between the Parties hereto. Except as expressly provided in this Agreement, no term or provision of this Agreement is intended or shall be for the benefit of any person or entity not a party to this Agreement, and no such other person or entity shall have any right or cause of action under this Agreement. 30. Time is of the essence concerning this Agreement. Unless otherwise specified in this Agreement, the term "day" as used in this Agreement means calendar day. If the date for performance of any obligation under this Agreement or the last day of any time period provided in this Agreement falls on a Saturday, Sunday or legal holiday, then the date for performance or time period shall expire at the close of business on the first day thereafter which is not a Saturday, Sunday or legal holiday. 31. Sections and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 32. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied and scanned signatures are acceptable as original signatures. 33. The Parties agree to execute and/or deliver to each other such other instruments and documents as may be reasonably necessary to fulfill the covenants and obligations to be performed by such party pursuant to this Agreement. 34. The Parties hereby agree that the venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 35. This Agreement shall be governed by the laws of the State of Arizona. 36. Unless otherwise lawfully terminated by the Parties, this Agreement expires upon completion and acceptance of the Project and fulfillment of all terms of the Agreement. End of Agreement- Signature Page Follows Page 7 Of 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. MARICOPA COUNTY CITY OF APACHE JUNCTION Recommended by: Recommended by: John B. Hauskins, P.E. Date George Hoffman Date Transportation Director City Manager Approved and Accepted by: Approved and Accepted by: Andrew Kunasek, Chairman Date John Insalaco Date Board of Supervisors Mayor Attest by: Attest by: Fran McCarroli Kathy Connelly Clerk of the Board Date City Clerk Date APPROVAL OF DEPUTY COUNTY ATTORNEY AND CITY ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the Parties by their respective governing bodies under the laws of the State of Arizona. Deputy County Attorney Date City Attorney Date Page 8 of 8 RESOLUTION NO. 13-40 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY DEPARTMENT OF TRANSPORTATION FOR THE DESIGN AND INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTION OF SUPERSTITION BOULEVARD AND MERIDIAN DRIVE. WHEREAS, A.R.S. § 11-951 and 28-6701 et seq. authorize Maricopa County (the "County") to layout, maintain, control and manage public roads within the County; and WHEREAS, A.R.S. § 11-951 et seq. authorizes public agencies to enter into intergovernmental agreements for the provision of services or for joint or cooperative action; and WHEREAS, the County has requested that traffic signal improvements at the intersection (the "Project") be installed near a County owned intersection (the "Location") to upgrade an old traffic signal at the Superstition Boulevard and Meridian Drive intersection; and WHEREAS, both the City and the County recognize that the installation of the Project is beneficial to the traveling public and area residents; and WHEREAS, the cost for the future maintenance of the Project will be the responsibility of the County; and WHEREAS, the purpose of this Agreement is to identify and define both the City' s and the County' s respective obligations and responsibilities concerning the installation and maintenance of the Project . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1) The Mayor and City Council approve the intergovernmental agreement between the City and the County, attached hereto as Attachment A, and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2) The City Manager or his designee is authorized and directed to take all steps necessary to carry out the purpose and intent of this resolution. RESOLUTION NO. 13-40 Page 1 of 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7TE DAY OF JANUARY, 2014. SIGNED AND ATTESTED TO THIS 7TH DAY OF JANUARY -, k=. 2014. Ja�, q_'4�04�1 i N S . I7S_ALACO avy'or ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: *1','-13-13 RICHARD J. STERN City Attorney RESOLUTION NO. 13-40 Page 2 of 2 Attachment A INTERGOVERNMENTAL AGREEMENT BETWEEN MARICOPA COUNTY AND THE CITY OF APACHE JUNCTION FOR TRAFFIC SIGNAL IMPROVEMENTS, DESIGN AND INSTALLATION AT THE INTERSECTION OF UNIVERSITY DRIVE AND MERIDIAN ROAD (TT# 460) (C-64-14- -M-00) This Intergovernmental Agreement ("Agreement") is between the County of Maricopa, a political subdivision of the State of Arizona ("County"), and the City of Apache Junction, an Arizona municipal corporation ("City"). The County and City are collectively referred to as the Parties or individually as a Party. This Agreement shall become effective as of the date it is approved by the Maricopa County Board of Supervisors. STATUTORY AUTHORIZATION 1. A.R.S. Section 11-251 and Sections 28-6701 et seq, authorize the County to lay out, maintain, control and manage public roads within the County. 2. A.R.S. Sections 11-951 et seq. authorize public agencies to enter into Intergovernmental Agreements for the provision of services or for joint or cooperative action. 3. A.R.S. Section 9-240 and Sections 9-276 et seq. authorize the City to lay out and establish, regulate and improve streets within the City and to enter into this Agreement. BACKGROUND 4. Currently, the intersection at University Drive and Meridian Road is signalized. A field investigation performed by County identified the need to improve the traffic signals at the intersection. 5. It is anticipated that the County will initiate scoping and design of this is Project to beginning in fiscal year 2014, with construction to be completed during fiscal year 2015. Page 1 of 8 6. The southwest corner of the intersection is in County right-of-way and the northeast and southeast corner of the intersection is in the City's right-of-way. The northwest corner is in the City of Mesa's jurisdictional boundary but has chosen not to participate in the project. The County maintains three of the four intersection legs, and the City maintains one of the four intersection legs. 7. The total Project cost is currently estimated to be $400,000. The County will be responsible for seventy-five percent (75%) of the cost, and the City will be responsible for twenty-five percent (25%) of the cost. PURPOSE OF THE AGREEMENT 8. The purpose of this Agreement is to identify and define the responsibilities of the County and City for the Project, including cost sharing, design, construction and construction management. TERMS OF THE AGREEMENT 9. Responsibilities of the County: 9.1 Act as the lead agency for all aspects of the Project. 9.2 Coordinate with the City for all phases of the Project. 9.3 Provide to the City a set of final sealed plans and specifications. 9.4 Contribute seventy-five percent (75%) of the funding for the Project. 9.5 Design and construct the Project to County standards. 9.6 Submit copies of the County's plan submittals to the City for review and comment. 9.7 Assume responsibility for temporary traffic control during construction of the Project. 9.8 Invoice the City for half of the twenty-five percent (25%) of the Project cost not before Julyl, 2014 and invoice the City for the remaining balance not before July 1, 2015. 9.9 Retain ownership, operation and maintenance of the traffic signal on completion of the Project. 9.10 Request no cost permits from the City for work done within the City's right-of- way. 10. Responsibilities of the City: Page 2 Of 8 10.1 Coordinate with the County for all phases of the Project. 10.2 Contribute twenty-five percent (25%) of the funding for the Project. 10.3 Remit payment to the County for twenty-five percent (25%) of the Project cost within thirty (30) days of receipt of an invoice from the County. 10.4 Review the County's plan submittals and respond to the County with comments within ten (10) working days of receipt. 10.5 Issue no cost permits to the County for work done within the City's right-of-way. GENERAL TERMS AND CONDITIONS 11. By entering into this Agreement, the Parties agree that to the extent permitted by law, each Party will indemnify, defend and save the other Parties harmless, including any of the Parties' departments, agencies, officers, employees, elected officials or agents, from and against all loss, expense, damage or claim of any nature whatsoever which is caused by any activity, condition or event arising out of the negligent performance or nonperformance by the indemnifying Party of any of the provisions of this Agreement. By entering into this Agreement, each Party indemnifies the other against all liability, losses and damages of any nature for or on account of any injuries or death of persons or damages to or destruction of property arising out of or in any way connected with the performance or nonperformance of this Agreement, except such injury or damage as shall have been caused or contributed to by the negligence of that other Party. The damages which are the subject of this indemnity shall include but not be limited to the damages incurred by any Party, its departments, agencies, officers, employees, elected officials or agents. In the event of an action, the damages which are the subject of this indemnity shall include costs, expenses of litigation and reasonable attorney's fees. 12. City and County each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City or County to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code or County Ordinance), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. Page of 13. Neither City nor County, as the case may be, shall be considered not to have performed its obligations under this Agreement in the event of enforced delay (an "Enforced Delay") due to causes beyond its control and without its fault or negligence or failure to comply with Applicable Laws, including, but not restricted to, acts of God, fires, floods, epidemics, pandemics, quarantine, restrictions, embargoes, labor disputes, and unusually severe weather or the delays of consultants or materialmen due to such causes, acts of a public enemy, war, terrorism or act of terror (including but not limited to bio-terrorism or eco-terrorism), nuclear radiation, blockade, insurrection, riot, labor strike or interruption, extortion, sabotage, or similar occurrence or any exercise of the power of eminent domain of any governmental body on behalf of any public entity, or a declaration of moratorium or similar hiatus (whether permanent or temporary) by any public entity directly affecting the Project. In no event will Enforced Delay include any delay resulting from unavailability for any reason of labor shortages, or the unavailability for any reason of particular consultants, subconsultants, vendors or investors desired by County in connection with the Project. In the event of the occurrence of any such Enforced Delay, the time or times for performance of the obligations of the Party claiming delay shall be extended for a period of the Enforced Delay; provided, however, that the Party seeking the benefit of the provisions of this Section shall, within thirty (30) calendar days after such Party knows or should know of any such Enforced Delay, first notify the other Party of the specific delay in writing and claim the right to an extension for the period of the Enforced Delay; and provided further that in no event shall a period of Enforced Delay exceed ninety (90) calendar days. 14. This Agreement shall become effective as of the date it is approved by the Maricopa County Board of Supervisors and remain in full force and effect until all stipulations previously indicated have been satisfied except that it may be amended upon written Agreement by all Parties. Any Party may terminate this Agreement upon furnishing the other Party with a written notice at least thirty (30) days prior to the effective termination date. 15. This Agreement shall be subject to the provisions of A.R.S. Section 38-511. 16. The Parties warrant that they are in compliance with A.R.S. Section 41-4401 and further acknowledge that: 16.1 Any contractor or subcontractor who is contracted by a Party to perform work on the Project shall warrant their compliance with all federal immigration laws and regulations that relate to their employees and their compliance with A.R.S. Section 23-214(A), and shall keep a record of the verification for the duration of the employee's employment or at least three years, whichever is longer. 16.2 Any breach of the warranty, shall be deemed a material breach of the contract contract that is subject to penalties up to and including termination of the contract. Page 4 Of 8 16.3 The Parties retain the legal right to inspect the papers of any contractor or subcontractor employee who works on the Project to ensure that the contractor or subcontractor is complying with the warranty above and that the contractor agrees to make all papers and employment records of said employee available during normal working hours in order to facilitate such an inspection. 16.4 Nothing in this Agreement shall make any contractor or subcontractor an agent or employee of the Parties to this Agreement. 17. Each Party to this Agreement warrants that neither it nor any contractor or vendor under contract with the Party to provide goods or services toward the accomplishment of the objectives of this Agreement is suspended or debarred by any federal agency which has provided funding that will be used in the Project described in this Agreement. 18. Each of the following shall constitute a material breach of this Agreement and an event of default ("Default") hereunder: A Party's failure to observe or perform any of the material covenants, conditions or provisions of this Agreement to be observed or performed by that Party ("Defaulting Party"), where such failure shall continue for a period of thirty (30) days after the Defaulting Party receives written notice of such failure from the non-defaulting party provided, however, that such failure shall not be a Default if the Defaulting Party has commenced to cure the Default within such thirty (30) day period and thereafter is diligently pursuing such cure to completion, but the total aggregate cure period shall not exceed ninety (90) days unless the Parties agree in writing that additional time is reasonably necessary under such circumstances to cure such default. In the event a Defaulting Party fails to perform any of its material obligations under this Agreement and is in Default pursuant to this Section, the non- defaulting party, at its option, may terminate this Agreement. Further, upon the occurrence of any Default and at any time thereafter, the non-defaulting party may, but shall not be required to, exercise any remedies now or hereafter available to it at law or in equity. 19. All notices required under this agreement to be given in writing shall be sent to: Maricopa County Department of Transportation Attn: Intergovernmental Liaison 2901 W. Durango Street Phoenix, Arizona 85009 City of Apache Junction Public Works Department Attn: Giao Pharn 300 E Superstition Boulevard Apache Junction, Arizona 85119 Page 5 of 8 eAll notices required or permitted by this Agreement or applicable law shall be in writing and may be delivered in person (by hand or courier) or may be sent by regular, certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, and shall be deemed sufficiently given if served in a manner specified in this paragraph. Either Party may by written notice to the other specify a different address for notice. Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. If sent by regular mail, the notice shall be deemed given 72 hours after the notice is addressed as required in this paragraph and mailed with postage prepaid. Notices delivered by United States Express Mail or overnight courier that guarantee next day delivery shall be deemed given 24 hours after delivery of the notice to the Postal Service or courier. 20. This Agreement does not imply authority to perform any tasks, or accept any responsibility, not expressly stated in this Agreement. 21. This Agreement does not create a duty or responsibility unless the intention to do so is clearly and unambiguously stated in this Agreement. 22. This Agreement does not grant authority to control the subject roadway, except to the extent necessary to perform the tasks expressly undertaken pursuant to this Agreement. 23. Any funding provided for in this Agreement, other than in the current fiscal year, is contingent upon being budgeted and appropriated by the Maricopa County Board of Supervisors and the Apache Junction City Council in such fiscal year. This Agreement may be terminated by any Party at the end of any fiscal year due to non-appropriation of funds. 24. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assignees. Neither Party shall assign its interest in this Agreement without the prior written consent of the other Party. 25. This Agreement and all Exhibits attached to this Agreement set forth all of the covenants, promises, agreements, conditions and understandings between the Parties to this Agreement, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between the Parties other than as set forth in this Agreement, and those agreements which are executed contemporaneously with this Agreement. This Agreement shall be construed as a whole and in accordance with its fair meaning and without regard to any presumption or other rule requiring construction against the party drafting this Agreement. This Agreement cannot be modified or changed except by a written instrument executed by all of the Parties hereto. Each party has reviewed this Agreement and has had the opportunity to have it reviewed by legal counsel. 26. The waiver by any Party of any right granted to it under this Agreement is not a waiver of any other right granted under this Agreement, nor may any waiver be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived. Page 6 of 8 27. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law, but if any provision shall be invalid or prohibited under the law, such provision shall be ineffective to the extent of such prohibition or invalidation but shall not invalidate the remainder of such provision or the remaining provisions. 28. Except as otherwise provided in this Agreement, all covenants, agreements, representations and warranties set forth in this Agreement or in any certificate or instrument executed or delivered pursuant to this Agreement shall survive the expiration or earlier termination of this Agreement for a period of one (1) year. 29. Nothing contained in this Agreement shall create any partnership, joint venture or other agreement between the Parties hereto. Except as expressly provided in this Agreement, no term or provision of this Agreement is intended or shall be for the benefit of any person or entity not a party to this Agreement, and no such other person or entity shall have any right or cause of action under this Agreement. 30. Time is of the essence concerning this Agreement. Unless otherwise specified in this Agreement, the term "day" as used in this Agreement means calendar day. If the date for performance of any obligation under this Agreement or the last day of any time period provided in this Agreement falls on a Saturday, Sunday or legal holiday, then the date for performance or time period shall expire at the close of business on the first day thereafter which is not a Saturday, Sunday or legal holiday. 31. Sections and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 32. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute the same instrument. Faxed, copied and scanned signatures are acceptable as original signatures. 33. The Parties agree to execute and/or deliver to each other such other instruments and documents as may be reasonably necessary to fulfill the covenants and obligations to be performed by such party pursuant to this Agreement. 34. The Parties hereby agree that the venue for any claim arising out of or in any way related to this Agreement shall be Maricopa County, Arizona. 35. This Agreement shall be governed by the laws of the State of Arizona. 36. Unless otherwise lawfully terminated by the Parties, this Agreement expires upon completion and acceptance of the Project and fulfillment of all terms of the Agreement. End of Agreement- Signature Page Follows Page 7 Of 8 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. MARICOPA COUNTY CITY OF APACHE JUNCTION Recommended by: Recommended by: John B. Hauskins, P.E. Date George Hoffman Date Transportation Director City Manager Approved and Accepted by: Approved and Accepted by: Andrew Kunasek, Chairman Date John Insalaco Date Board of Supervisors Mayor Attest by: Attest by: Fran McCarroli Kathy Connelly Clerk of the Board Date City Clerk Date APPROVAL OF DEPUTY COUNTY ATTORNEY AND CITY ATTORNEY I hereby state that I have reviewed the proposed Intergovernmental Agreement and declare the Agreement to be in proper form and within the powers and authority granted to the Parties by their respective governing bodies under the laws of the State of Arizona. Deputy County Attorney Date City Attorney Date Page 8 of 8 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.4. Piz File ID: 13-423 Sponsor: Bryant Powell Agenda Date: 1/7/2014 Index: In Control: City Council Meeting City manager's report. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 5. Piz File ID: 13-412 Sponsor: Bryant Powell Agenda Date: 1/7/2014 Index: In Control: City Council Meeting Presentation by, and discussion with, representatives of the Apache Junction Chamber of Commerce and the Superstition Business Owners Group concerning Apache Trail. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. QitoN►' File ID: 13-409 Sponsor: Matt Busby Agenda Date: 1/7/2014 Index: In Control: City Council Meeting Legislative Update. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 oi4CIPAL STATEMUNIMENT POLICY AM League of Arizona , uitiesAN-Towns OVERVIEW FISCAL RESPONSIBILITY The League of Arizona Cities and Towns, a voluntary association Cities and towns provide public safety and other high-quality services of the 91 incorporated municipalities in Arizona, is governed by for their residents. In order to accomplish this there needs to be fiscal two core principles: to protect shared revenues and promote local certainty in funding sources from the state level.The League calls upon decision-making authority. the Legislature to: PRESERVE LOCAL CONTROL • Stop future sweeps of Highway User Revenue Funds (HURF) Decentralized government at the local level represents a fundamental allocated to Arizona cities and towns and follow statutory principle of American democracy, recognizing that when it comes formulas for the distribution of HURF monies; to community governance, one size does not fit all. • Develop and pass legislation to ensure the viability of Arizona The League calls upon the Legislature to respect the authority of cities state parks and to restore the Arizona State Parks Heritage Fund; and towns to govern their communities in the best interests of their and residents. The League will endorse legislation that supports and . Include one representative from a large city along with one sustains the principle of local control and oppose legislation that representative from a small non-metropolitan city on the Public Safety conflicts with the autonomy of cities and towns. Personnel Retirement System Board of Trustees. PROTECT STATE SHARED REVENUE FEDERAL ISSUES The League is determined to safeguard the economic resources cities The League recognizes that all levels of government must work and towns require to ensure safety and provide high-quality services cooperatively in order for local communities to be successful. for their residents. To that end, the League calls upon the Legislature Therefore, the League will: to enact a budget that maintains existing historical formulas for the distribution of state-collected shared revenue to local governments. • Support the passage of legislation or engage in other activities that support and advocate for resources to improve Arizona's GOVERNMENT SERVICES ports of entry with Mexico and related infrastructure; From roads to public safety, cities and towns are service providers. . Support the long-term retention of Arizona's military installations; Our residents look to their local government to provide key services critical to creating welcoming, healthy communities. Therefore, the • Encourage Congress to preserve the tax exempt status of League urges the passage of legislation to: municipal bonds; and • Make the requirements for annexation a more simple and • Push Congress to pass the Marketplace Fairness Act. flexible process; • Prohibit fire districts from annexing areas inside a municipal planning area without the consent of the municipality, provided the municipality operates a municipal fire department; •Authorize street light improvement districts to levy and expend money to repair, maintain and replace lighting facilities; and • Amend statute to ensure that restitution for graffiti offenses includes all abatement costs associated with a victim of graffiti. League of Arizona Cities ,,,.Towns FOR MORE INFORMATION: CALL 602-258-5786 VISIT: WWW.AZLEAGUE.ORG • TWITTER: @AZCITIES • TH OTAL ECONOMIC IMPACT OF ARIZONA STATE PARKS ON THE � • TATE WAS �?66 43� .. . . / / HURF Transfers from Cities and Towns • 96,328 jobs in Arizona are associated with the to DPS (2000 - Present) U.S. Military; 45,568 direct, 39,942 indirect, $35.0 11,269 induced ' $30.0 — ■ Induced Jobs $25.0 a $20.0 E $15.0 $10.0 � ' Direct Jobs $5.0 — $0.0 Indirect Jobs 00 '01 '02 '05 '06 '07 '08 '10 '11 '12 '13 '14 Fiscal Year IMF ®Steve Pierce(R) ®AI Melvin(R) Qs Rick Murphy(R) ®Karen Fann(R),Andy Tobin(R) ®Adam Kwasmon(R),Steve Smith(R) ®Rick Gray(R),Debbie Lesko(R) Carefree,Cave Creek,Chino Valley, Casa Grande,Eloy,Marana,Maricopa, El Mirage,Peoria,Surprise,Youngtown Dewey-Humboldt,Peoria,Phoenix, Oro Valley,Tucson Prescott,Prescott Valley,Wickenburg ir =N.g.legon Qs Andy Biggs(R) ®Judy Burges(R) dro(D),Rosanna Gabaldon(D) ®Eddie FarnsworL�Re:n : (R) ®David Livingston(R),Phil Lovas(R) nia,Sahuarita, Chandler,Gilb Glendale,Peoria,Surprise cson Qs Olivia Cajero Bedford(D) Us Shooter(R) ®Michele Reagan(R) ®Sally Ann Gonzales(D),Macario Saldate(D) n Mitchell(R),Steve Montenegro(R) ®John Kovanagh(R),Michelle Ugenti(R) Tucson eye,EI Mirage,Glendale,Goodyear, Fountain Hills,Paradise Valley,Scottsdale ield Park,Surprise,Wellton, kenburg,Yuma @LyZPancrazi(D) ®Gail Griffin(R) s@Katie Hobbs(D) I ®Juamilla(D),Lisa Otondo(D) I ®David Gowan(R),David Stevens(R) I ®Lela Alston(D),Chad Compbell(D) BBend,Goodyear,San Luis, Benson,Bisbee,Clifton,Douglas,Duncan, Phoenix,Scottsdale,Tempe Son,Yuma Huachuca City,Pima,Safford,Sierra Vista, Thatcher,Tombstone,Tucson,Willcox Qs Kelli Ward(R) VsNancyBarto(R) S Bob Worsley(R) ®Sonny Borrelli(R),Doris Goodole(R) en(R),Heather Carter(R) ®Justin Olson(R),Justin Pierce(R) Bullhead City,Colorado City,Kingman, eek,Phoenix Mesa Lake Havasu City,Parker,Quartzsite Os Chester Crandell(R) @s David Fornsworth(R) V@IudAble er(D) ®Brenda Barton(R),Robert Thorpe(R) ®Doug Coleman(R),Kelly Townsend(R) ndez(D),Andrew Sherwood(D) I Camp Verde,Clarkdale,Cottonwood,Flagstaff, I Apache Junction,Mesa,Queen Creek hoenix,Tempe Holbrook,Jerome,Payson,Sedona,Snowflake, Star Valley,Taylor,Tusayan,Williams @Carlyle Begay(D) OS Steve Yarbrough(R) Os Leah Landrum Taylor(D) ®Albert Hale(D),Jamescita Peshlakai(D) ®Tom Forese(R),J.D.Mesnard(R) ®Ruben Gollego(D),Catherine Miranda(D) Eagar,Fredonia,Page,Pinetop-Lakeside, Chandler,Gilbert Guadalupe,Phoenix,Tempe Show Low,Springerville,St.Johns,Winslow ®Barbara McGuire(D) (S John McComish(R) Os Adam Driggs(R) I ®Frank Pratt(R),T.J.Shope(R) I ®Jeff Dial(R),Bob Robson(R) I ®Kate Brophy MCGee(R),Eric Meyer(D) Casa Grande,Coolidge,Eloy,Florence,Globe, Chandler,Guadalupe,Mesa, Paradise Valley,Phoenix,Scottsdale I Hayden,Kearny,Mammoth,Miami, I Phoenix,Tempe I Superior,Winkelman @Steve Farley(D) ®Anna Tovar(D) sQsfeve Gallardo(D) I ®Ethan Orr(R),Victoria Steele(D) I ®Mark Cardenas(D),Lupe Chavira Contreras(D) I ®Lydia Hernandez(D),Martin Quezada(D) Marano,Tucson Avondale,Phoenix,Tolleson El Mirage,Glendale,Phoenix Qs David Bradley(D) Os Kimberly Yee(R) �s Robert Meza(D) ®Stefanie Mach(D),Bruce Wheeler(D) ®Paul Boyer(R),Carl Seel(R) ®Jonathan Larkin(D),Debbie McCune Davis(D) Tucson Glendale,Phoenix Glendale,Phoenix 0 League of Arizona �. 0 13 iti es ANDTowns LE GISLA TI VE COUNCIL 51st LEGISLATURE, 2nd REGULAR SESSION CALENDAR DEADLINES 1. November 15, 2013 - 5:00 p.m. Agency bill request deadline. 2. January 13, 2014- Session begins. 3. January 16, 2014 - 5:00 p.m. Seven bill introduction limitation begins in House. 4. January 21, 2014 — 5:00 p.m. Deadline for Senate members to submit bill requests to Legislative Council(deadline extended by President Biggs pursuant to Legislative Council Rule 28). 5. January 27, 2014 — 5:00 p.m. Deadline for House members to submit bill requests to Legislative Council. Legislative Council completes delivery of Senate intro sets. 6. February 3, 2014 — Last day for Senate bills to be introduced. Legislative Council completes delivery of House intro sets. 7. February 10, 2014— Last day for House bills to be introduced. ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 7. �Piz oN* File ID: 13-426 Sponsor: Agenda Date: 1/7/2014 Index: In Control: City Council Meeting Presentation and discussion on "Dear Motorist' cyclist safety video. Presentation and discussion. City of Apache Junction,Arizona Pagel Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.8. '+'Piz File ID: 13-422 Sponsor: Kathy Connelly Agenda Date: 1/7/2014 Index: In Control: City Council Meeting Application for person transfer, corporation, series 6 liquor license for Cowboys Up Inc. located at 285 N. Apache Trail. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 DECEMBER 23, 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 JANUARY 7, 2013: APPLICATION FOR A LIQUOR LICENSE FOR COWBOYS UP, INC. An application for a Person Transfer, Corporation, Series 6 Liquor License has been submitted by Mr. Ronald Alan Welty for Cowboy Up, Inc. located at 285 N. Apache Trail, Apache Junction, Arizona. Correspondence has been received from the police department, planning division, building division and the fire district, a copy of which is attached. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control Suzanne Heninger From: Rudy Esquivias Sent: Tuesday, December 17, 2013 7:10 PM To: Suzanne Heninger; Dennis Dixon;Jeff Robinson; 'john.suniga@ajfire.org' Cc: Janet Mason; Brad Steinke Subject: RE: Message from KMBT-C652DS - Cowboys Up liquor license Suzanne: The property is zoned City Center District(CCD) which requires a Conditional Use Permit for a bar and/or outdoor entertainment. Please be advised that on September 24, 2013, the Planning and Zoning Commission approved case CUP-2-13 . A request for a Conditional Use Permit by Cowboys Up, Inc. , represented by Jay E. Kassner, President, to operate a bar and have live entertainment as ancillary uses to a proposed restaurant, subject to the following conditions of approval : 1) Proper building permits shall be obtained and inspections and approvals received for any electrical, plumbing, remodeling, signage or other property improvements which require permits, in accordance with the submitted plans and narrative received for CUP-2-13 and in accordance with the building plans submitted to the city' s Building Division. 2) The applicants may continue to use the freestanding sign on the property. Should the sign structure need to be dismantled or replaced, a new detached sign shall conform to the sign requirements of the CCD District. Reasonable maintenance and repairs of the existing sign is permitted. New signs on the building shall conform to the sign requirements of the CCD District . 3) Accent landscaping shall be provided on the westerly side of the building between the new walkway and the building wall for aesthetic purposes . A pony wall, no higher than three feet and which complements the architecture of the building, shall be constructed along the west property boundary to screen headlights from cars in the parking lot from shinning into the right-of-way. Said landscape plans shall be reviewed and approved by Planning Staff, and said landscape improvements installed, prior to final certificate of occupancy for the restaurant . 4) The applicants shall develop and begin operating the restaurant and bar in accordance with the submitted drawings and narrative documents within 12 months of the granting of CUP-2-13, or else the CUP shall become void. 5) The owners and operators of the restaurant shall ensure and take reasonable precautions that any outside music is at a level which does not disturb neighboring properties and/or that outside music is not offered past 10 : 00pm, local time . 6) The Planning and Zoning Commission shall reserve the right to reconsider the Conditional use Permit approval for Cowboys Up, at a new public hearing, for non-compliance with any condition prescribed as part of said CUP-2-13 permit approval . The applicants have secured a permit for the above improvements and are presently proceeding with the remodeling of the restaurant, The Planning Division has no objections to this request. Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resqjLiyia!, � city.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: Suzanne Heninger Sent. Wednesday, December 11, 2013 8:04 AM To: Rudy Esquivias; Dennis Dixon; Jeff Robinson; 'john.suniga@ajfire.org' Cc: Janet Mason Subject: FW: Message from KMBT—C652DS- Cowboys Up liquor license Attached is the application for a Series 6, Liquor License for Cowboy Up. Please return your recommendations no later than Monday, December 23, 2013. 2 Apache Junction Police Department Memorandum DATE: December 16, 2013 TO: Suzanne Heninger Chief Thomas E. Kelly THROUGH: Captain Troy Mullender FROM: Lieutenant Jeff Robinson SUBJECT: Liquor License Application — Cowboys Up Restaurant/Bar Ms. Heninger, I have reviewed the application supplied by Mr. Welty with the Cowboys Up Restaurant/Bar and did a physical inspection of the establishment. I have found the current parking allocation to be sufficient and the lighting to be appropriate for the area. However, the interior of the establishment is not complete with the following items still under construction and/or missing: • Interior and exterior bars are installed but are missing liquor pull tabs and liquor cabinets; • Tables, benches, barstools, and flooring have yet to be installed; • The area designated for the band is only marked on the cement floor; and • The large walk-in cooler has yet to be installed in the area of the indoor bar. This is a requirement to keep alcohol and food at a serviceable temperature. Due to the aforementioned items, the Apache Junction Police Department is unable to authorize the application for liquor license until such time the construction is complete. However, upon construction conclusion, I have no doubt that the Cowboys Up Restaurant/Bar will present great strides of improvement to the establishment previously occupied by Los Vaqueros. 3 DD-A, gent of Liquor Licenses and Control 800 West Washington,5th Floor Phoenix,Arizona 85007 www.azliquor.gov 602-542-5141 APPLICATION FOR LIQUOR LICENSE TYPE OR PRINT WITH BLACK INK Notice: Effective Nov.1,1997,All Owners,Agents,Partners,Stockholders,Officers,orManagers actively involved in the day to clay operations of the business must attend a Department approved liquor law training course or provide proof of attendance within the last five years. See page 5 of the Liquor Licensing requirements. SECTION I This application is for a:0 MORE THAN ONE LICENSE SEC ('ION 2 Type of ownership: 0 INTERIM PERMIT Complete Section 5 0 J.T.W.R.O.S. Complete Section 6 11 NEW LICENSE Complete Sections Z 3, 4, 13, 14, 15, 16 F-1INDIVIDUAL Complete Section 6 tX PERSON TRANSFER(Bars&Liquor Stores ONLY) D PARTNERSHIP Complete Section 6 Complete Sections 2, 3,4, 11, 13, 15, 16 51 CORPORATION Complete Section 7 El LOCATION TRANSFER(Bars and Liquor Stores ONLY) 0 LIMITED LIABILITY CO. Complete Section 7 Complete Sections Z 3, 4, 12, 13, 15, 16 El CLUB Complete Section 8 0 PROBATE/WILL ASSIGNMENT/DIVORCE DECREE 0 GOVERNMENT Complete Section 10 Complete Sections 2, 3, 4, 9, 13, 16 (fee not required) 0TRUST Complete Section 6 F1 GOVERNMENT Complete Sections Z 3,4, 10, 13, 15, 16 0 OTHER(Explain) SECTION 3 Type of license and fees LICENSE#(s): C) g,2_ 1. Type of License(s): -R A A Department Use Only 2. Total fees attached: $ APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. The fees allowed under A.R.S.44-6852 will be gharqgd for all dishonored checks. SECTION 4 Applicant ®Mr. R04 A I-,D 1.-GwRef/Agent's Name: E]Ms.- LJ L-i--r y A L&Q (Insert one name ONLY to appear on license) Llst First Middle 2. Corp.lPartnershipilL.L.C.'. C e>Vj 13 0 V-S I()e) )5 kD5 (Exactly as it appears ck Articles of lAc.or Articles of Org.) 3. Business Name: Cawaews /)JO (Exactly asfit appears on the exterior of premises) 4. Principal Street Location_X& &-i. A). ACdE 'TkaiL , ajQACdF_ r_TU A)CE1,00 I 6L a 85U6 (Do not use PO dox Number) IF 64Y Count; Zip' 6. Business Phone: CD, rWflytime Phone H'90'(90'6:Ld!f -ic 469/0, 14,6114ym Ernai1:,6jZr_7 6. Is the business located within the incorporated limits of the above city or town? DaYES ONO 7. Mailing Address:JAQ_,9 LA-16 &j4C0qE7UA)CM0 �t 1qjiQj'Z-4A_) 851,21) City I State Zip 8. Price paid for license only bar, beer and wine, or liquor store: Type L $6-6.,c(,,6.&,ko Type__$ It- DEPARTMENT USE ONLY -1 Fees: 01D DO C n e72 o Application Interim Permit Site Inspection Finger Prints $- C>U TOTAL OF ALL FEES Is Arizona Statement of Citizenship &Alie I n Status For State Benefits complete? 9*ES [I NO Accepted by--..,.R Date: 0. Lic. # OVA, 11712013 *Disabled individuals requiring special accommodation, please call (602) 542-9027. Z)=Lo IJUN 0 interim vermit: 1, If you intend to operate business when your application is pending you will need an Interim Permit pursuant to A.R.& 4'203.01. 1.1� Djtc 1H ��� Liqr. Lic. PM� 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently ut the location. []YES N NO If no, how long has it been out of ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. declare that I am the CURRENT OWNER, AGENT, CLUB MEMB PARTNER, (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE (circle the title which applies)of the stated licen/and location. v of State of County of X The foregoing mmnunn was acknowledged before me this day of My commission expires on: Day Month Year (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC010 AN"APPLICANT-TYPE FINGERPRINT CARD,AND$22 F ROCESSING FEE FOR EACH CARD. 1. Individual-. Last First Middle 0 wned Mailing Address City State Zip Partnership Name: (Only the first partner lis d ill appear on license) M./te General-Limited Last First e %Owned Mailing Address city StRtee.�zl M El 11 El | T 2. Is any person, er than the above, going to share in the profits/losses of the business? YES 0 NO If Yes, give Zne, current address and telephone number of the person(s). Use additional sheets if necessary. Last First Middle Mailing Address City,State,Zip Teleehone# LZ or-%,Liuti i uorpVranonxLnnnemLlaqxnyL;o.: EACH PERSON LISTED MUST SUBMIT Aoomp ^xppuoAwT TYPE nmGEnpmwTCARD,AND�opxoosS�wG FEE FOR EACH CARD. -- --- -- � ' - '^�~= CORPORATION Complete questions � 2, 3, 5, 6, 7, and 8. [] L.L.C. Complete � 2, 4( 1 Name ofCorponation/LLC: (Exactly as it appears on Articles of Incorporation or Articles of Organization) Z Date |n:orpo anized: State where |ncorponatedX}rganiz*d: 3. AZ Corporation Commission File No.: Date authorized todo business inAZ: 4. AZ L.L.C. File No: Date authorized todobusiness in/Z- 5, {aCorp./LLC. Non-profit? 1771YES 1AN0 8. List all directors, officers and members in Corponation/LLC: Last First Middle Title Mailing Address city State Zip TVAWREA r (ATTACH ADDITIONAL SHEET IF NECESSARY) 7 List stockholders who ntnoUi g persons or who own 10%or more: Last First Middle %Owned Mailing Address City State Zip KA56A)EA , Av Enwigoto 141,611 (ATTACH ADDITIONAL SHEET IF NECESSARY) 8. If the corporation/L.L.C. is owned by another entity, attach a percentage of ownership chart, and a director/officerlmember disclosure for the parent entity. Attach additional sheets aa needed in order to disclose personal identities of all owners. SEC14Q 8 Club Applicants: EACH PERSON Lis T SUBMIT A COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT"TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARPM�Us� 1. Name of Club: Date Chartered: (Exactly as it ap, rs on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non-profit? El YES 0 NO 3. List officer and directors: Last First Middle Title Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 T13 NEC 10 bcr. I ic. MIMIC SECTION 9 Probate,Will Assignment or Divorce Decree of an existing Bar or Liquor Store License: 1. Current Licensee's Name: (Exactly as it appears on license) Last First fiddle 2. Assignee's Name: Last Pirst Middle 3. License Type: License Number Date of Last Renewal: Last Firs'License Number D 4. ATTACH To THIS APPLICATION A CERTIFIED COPY OF THE PROBATE DISTRIBUTION INSTRUMENT,OR DIVORCE M DECREE THAT SPECIFICALLY DISTRIBUTES THE LI ICENSE TO THE ASSIGNEE TO THIS APPLICATION. ou Ies SECTION 10 Government:(for c' towns,or counties only) 1. Governmental Entity: 1� 2:Pe�rsonlde Last First Middle Contact Phone Number "'D A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS 1-100011 IS SERVED. SECTION 11 Person to Person Transfer. Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY-Series 06,07,and 09). 1. Current Licensee's Name: Allvn James Edward Entity: Agent (Exactly as it appears on license) Last First Middle (Indiv.,Agent,etc.) 2. Corporation/L.L.C.Name: SUPERSTITION MOUNTAIN BREWERY LLC (Exactly as it appears on license) 3. Current Business Name: SUPERSTITION MOUNTAIN BREWERY (Exactly as it appears on license) 4. Physical Street Location of Business:Street 285 N APACHE TRAIL City, State,Zip APACHE JUNCTION,AZ 85120 5. License Type: Bar to License Number.06110082 6. If more than one license to be transfered:License Type: License Number: 7.Current Mailing Address: Street 5855E Pioneer St (Other than business) City,State,Zip Apache Junction,AZ 8. Have all creditors,lien holders, interest holders,etc.been notified of this transfer? 91 YES 11 NO 9. Does the applicant intend to operate the business while this application is pending? 11 YES W NO If yes,complete Section 5 of this application, attach fee,and current license to this application. jo. 1, James Edward Alivn,III hereby authorize the department to process this application to transfer the (print full name) privilege of the license to the applicant,provided that all terms and conditions of sale are met. Based on the fulfillment of these conditions, I certify that the applicant now owns or will own the property rights of the license by the date of issue. 1, James Edward Allvn,III declare that I am the CURRENT OWNER AGENT,MEMBER,PARTNER (print full name) STOCKHOLDER,or LICENSEE of the stated license. I have read the above Section 11 and confirm that all statements are true, correct, and corm pfete. State of NY,ZoAck County of -'f'Iy\-Ck Aignatunfof RRENT LICENSEE) The foregoing instrument was acknowledged before me this Da (1A.-Il'oL IA1 IQfnth 'vFro ti' My commission expires on: K DRN NOTARY PUBLIC St&e )fA iL m -en- & PiNAL -State My Comm.Ex0 feSMarch2 , ]2015 i SECTION 12 Location to Locatio Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDERA LOCATION TRANSFER UNTIL IT 13 APPROVED BY THESTATE 1. Current Business: Name (Exactly as it appears on license) Address 2. New Business: Name (Physical Street Location) Address,_.'�_ 3. License Type: icense Number: 4. If more tha e license to be transferred: License Type.- License Number: 5�. �at date do you plan to move? What date do you plan to open? SECTION13 Questions for all in-state applicants regtgurant licenses (series 5, i1. and 12). A'FiG.§4-207(A)and(B)state that no retailers licmnoeoho||boiamuedforanypremisoowhiohareatthetimethe|kcenopapp|ico8onis received by the director,within three hundred(300)horizontal feet of ohuoh,within three hundred(300)horizontal feet of public or private school building with kindergaden programs or grades one(1)through(12)or within three hundred(300)horizonal feet of a fenced recreational area adjacent b such school building. The above paragraph DOES NOT apply to. a)Restaurant license(§4-205.O2) c)Government license(& 4'205.03) o)HotaVmde|license(§ 4-286,O1) d)Fenced playing area n[a golf course;S42O7(B)(5)} 1 Distance to nearest school: _26ogoft. Name of Addreee City:Sfate, Zip 2. Distance to nearest church: _1_7040 ft. Name ofchurch Address 2 6 City, State, Zip 3. | am the: [I Lessee [] Sublessee 80 Owner Fl Purchaser(of premises) � - |f the premises im leased give lessors: Name Address City, State, Zip Monthly rental/lease rate What is the remaining length of the lease__yrs. mos. �8 What is the penalty if the lease ia not fulfilled? or other (give details'attach additional sheet ifnecessary) 5 What is the total business indebtedness for this license/location excluding the lease? P|eaae list lenders you owe money to. Last First Middle Amount Owed Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IFNECESSARY) 0. What type of business will this license be used for(be opeo\0c)? 7. Has a license ora transfer license for the premises on thiswithin the past one(1)year? [] YES �� NO �yes. a�oohexpkana�on�u ^�� -v �^'^ ^^~ '''��`�� 8. Does any spirituous liquor manufacturer, wholesaler, or employee have any interest in your business? [] YES K NO g. Is the premises currently licensed with a liquor license? YES 9 NO If yes, give license number and licensee's name: . ^ . License (exactly ms {t appears nnlicense) Nam( ' SECTION 14 Restaurant or hotel/motel license applicants: 1. is ther��,existing restaurant or hotel/motel liquor license at the proposed location? F] YES [I NO If yes, give th me of licensee, Agent or a company name: me of'cense 6 or a company and license#: First Middle Z If the answer to Question I is Y ou may qualify for an Interim Permit to operate whileyour application is pending',consult and complete S E ON 5 of this 3. All restaurant and hotel/motel applicants mus plete a Restaurant Operation Plan (Form LIC01 14) provided by the ri Department of Liquor Licenses and Control. 4.As stated in A.R.S. §4-205.02.G.2, a restaurant is an e lishment which derives at least 40 percent of iis gross revenue from the sale of food. Gross revenue is the revenue derive m all sales of food and spirituous liquor or)the licensed ify premises. By applying for this 7 hotellmotel E3 restaurant lice I certify that I understand that I must maintain a minimum of 40 percent food sales based on these definitions and ha included the Restaurant Hotel/Motel Records Required forAudit(form LIC 1013)with this application. applican signature As stated in A.R.S §4-205,02 (B), I understand it is my responsibility to contact the Dep ent of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, . ' if applicable, patio barriers are in place on the licensed premises. With the exception of the patio barriers, these items-are equired to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. If yo re not ready for your es of thig at tems u re nt re in of Liq or L icen to b re not r se ti and 0 barriers inspection 90 days after filing your application, please request an extension in writing, specify why the ex sion is necessary, and the new inspection date you are requesting. To schedule your site inspection visit www.azliquor.gov an ick on the "Information"tab. applicants in7itials SEC,TIQN 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply io your busineso� IN Entrances/Exits 0� Liquor storage areas Patio: M0 Contiguous El Service windows Drive-in windows [] Non Contiguous 2. Is your licensed premises currently closed due to construction, renovation, or redesign? YES ON[) }f yes,what ia your estimated opening date? month/day/year 3. Restaurants and hotel/motel applicants are required to draw adetailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture. Diagram paper ia provided nn page 7. 4. The diagram (a detailed floor plan) you provide is required to disclose only the area(s) where spiritous liquor is to be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant(see#3 above). 5. Provide the square footage or outside dimensions of the licensed premises. Please do not include non-licensed premises, such as parking /oia. living quarters. etc. As stated inA.R.G' § 4-207.01(B)' { understand it is my responsibility to notify the Department ofLiquor Licenses and Control when there are changes to boundaries, entrances, exits, added or deleted doors, windows or service vvindovvm,mrYncreamo or decrease 10 the square footage after submitting this initial drawing. ql� 4. in inis aiagram please snow only ine area wnere spirituous iiquor is to oe 5oiu, serves, con5umea, dispensed, possessed or stored. It must show walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing diagram, North is Up T. If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagram attached" in box provided below. �Vm—A SECTION 16 Signature Block ri 1, Kc)�1NLV 41-�NA� (A3r—g-T-7/ , hereby declare that I am the OWNER/AGENT filing this I - (print full name of applicant) applic5liEnas stated in Section 4, Question 1. 1 have read this application and verify all statements to be trujq/, 'corre t a om lete, 1k Z (signature of applicant listed in Section 4,Qu ion 1) State of County of t'j lot The foregoing instrument was acknowledged before me this 15 4A,-of-'J���Lt� , rc-m)a Day Month Year My commission expires on 0 IS 0 tu Day Month Year SiUature of NOTARY PUBLIC WILLIAMA iRlER 7 NOTARY pU A ".,- MY P ugkja A a. 16 A.SEWQRK AND MILLWORK, SUBMIT COMPLETE SHOP DRAWINGS AND FINISHIM{FLES \ ECESSAItY COMPONENTS TO PROV{DE A FULLY OPERATIONAL FIRE PROTECTION PUCABLE CODES AND THE: REQUIREMENTS OF AUTHORITIES HAVING JURISDICTION. \ `• iIS SYSTEM WITH THE 'SHELL BUILDING' FIRE PROTECTION SYSTEM. R(lY AND SIMILAR SYSTEMS WILL BE FURNISHED AND INSTALLED BY THE TENANT ' iE CONTRACT DOCUMENTS. IT SHALL. BE THE RESPONSIBILITY OF THE CONTRACTOR IT'S VENDORS AND PROVIDE CONDUIT, BOXES AND OTHER ROUGH-IN REQUIREMENTS L' CFI I ES Ck DINING � xA�R� • 14 TABLES 0 15 PF - fj ?f I 30SFEA= w wm10m 1110wlwI" 1 ... 420 SF 12 K IN wwww an EN SF LOUNCE i4$f x 'I L \ SEATING ; \, IMD MF DUAL L OSE \ f F7 4 TABLES& J I t COUCHES THIS;w"T� UN(rAE S DU ° 113 DE'C' '10, UT, Lic. Bill of Sale for Liquor License This is a bill of sale dated the 1 Oth of October, 2013,for The sale of Arizona Liquor License number 06110082, between the seller,fames E Allyn HL and the buyer, Jay Kassner of Cowboys Up,LLC. Buyer agrees to purchase liquor license#06110082 from the seller,for the amount of $50,000.00. Funds have been deposited into Meracord debt service account#9771050403. Seller agrees that all rights and responsibilities associated with license#06110082 shall be transferred to the buyer with the execution of this agreement. Seller to be held harmless in these proceedings, and this document shall be considered a termination of all seller's interests in said liquor license. The parties to this agreement intend to be legally bound by it, and have signed below: Seller DateW// Wft.., Buyer (Ji4g Date 1 ILI 1,3 Witness STATE OF ARIZONA COUNTY OF q,"A }SS j 7WS s admWedged be rem 1 Y OFFICIAL SML eta .20-19,.by ERIK DURNAL id� NOTARY PUBLIC-State of Arizona rn'--� 0 "'a' N07AR PINAL COUNTY UBUC Expiresmy comm.Expires March 28,2016 ARIZONA DEPARTMENT OF LIQUOR, IQUOR LICENSES&CQNTROL 800 w vvij&-�EErl!AN*I&Pi�! Phoenix AZ 85007-2934 (602) 542-5141 QUESTIONNAIRE Attention all Local Governing Bodies. Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. Read carefully. This instrument is a sworn document. Type or print with BLACK INK. An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROUUNG PERSON.AGENT.OR MANAGER. EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE. FINGERPRINTS ON FBI-APPROVED'CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SERVICES.OR THE DEPARTMENT OF LIQUOR. THE DEPARTMENT CHARGES A$13 FEE, In addition to other fingerprint fees,a$22 DPS background check fee will be charged for each fingerprint card. Liquor License # The fees allowed by A.R.S.6 44-685g will he charge f2r all clishonor ,d chec-Ks. 6 (If the location is currently licensed) 1, Check Controlling Person ("Ag_ent ) Manager(Only) appropriate (Complete Questions I- ) (Complete All Questions gxce2 #14, 14a&21) box Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2.Name: -WAELT Q^- P'Lo A L A J� Date of Birth: Last First Middle —a u tC en1c 3 ,Social Security Number: —Drivers License State:__A_Z,_ (NOT a public record) (NOT a public record) 4 . Place of Birlh: WE# Pt U.S.A. Heiqht:4S'-o liVeight: ' — - _ _9 Eyes:13.La Hair: City State Country (not county) 5, Marital Status Sin le Married Divorced IvMdowed 6, Name of Current or Most Recent Spouse: Date of Birth: (List all for last 5 years-Use additional sheet if necessary) Last First Middie Maiden LN-0—T a public record) 7. You are a bona fide resident of what state? J*1j(:3L If Arizona,dale of residency: I�R`- 8 Telephone number to contact you during business hours for any questions regarding this document. ,c) 9. If you have been an Arizona resident for less than three(3)months, submit a copy of your Arizona driver's license or voter registration card. 10. Name of Licensed Premises., Cawj?ep Premises Phone: 180 _Z18-Jr)211- 11. Physical Location of Licensed Premises Address:, 5 C14-g TAqlL--At PA CWA;_rMW_�� �t Street Add ess (Do not use PO Box#) City County Zip 12, List your e ployment or t pe of business during the past five(5)years. If unemployed part of the time.list those dates. List most recent I st FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS iftntftiYear Months'Year OR BUSINESS (street address.city.state&zip) 0-a CURRENT N=��NZ 3 S-Z J\) V P.) ev 04p, L ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION, 13. Indicate our residence address for the last five(0 years: FROM TO Rent or RESIDENTIAL Street Address __j, 84% 1 ,e ' name.address and phone number oflandford State Month(Ye r Month/Yeaf tb'wn r -tied.attach additional shee�,,�iifh City Zip CURRENT OW10 VA L L E: P At gsi2c, 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 th.is UrvthlAil Mg. LYMA1,210-d 14 As a Controlling Person or Agent,will you be physicallMdirnt and operating the licensed premises? Y E S (NO) 14a. Have you attended a DLLC-appioved 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, regardless of the disposition, even if dismissed or expunged, within the past ten (10) years? YES |n addition, please include all traffic tickets and complaints within the last ten (1O) years that resulted hn a warrant for arrest AND any'traffic tickets and complaints that are alcohol or drug-reiated. 16.Are there ANY administrative law oitadono, compliance actions orconsents, criminal onesd, indictments YES /�F& or summonses PENDING againetyouorANY entity in which you are nowinvo|vad? Include only criminal -- traffic tickets and oomp\ein\s. 17 Have you or any entity in which you have held ownanship, been an officer, member, director or manager YES E /EB had mbusiness, professional or or fined in this or any other state? 1& Has anyone EVER filed suit or obtained a judgment against you, the subject of which involved fraud or YES �NO) 18. Are you NOW or have you EVER held ownership, been o controlling person, been on offioer, mernber, YES director or manage Ion any otherliquor license in this or any other state? If any answer to Questions 15 through 19 is "YES"YOU MUST aftach a signed statement. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20 |. . hereby declare that | am theAPPL|CANT7 (print full name of Applicant� _ i4readt ine and oi| stetementoeretrue. cOrrect and comp)ete.oon\yo�81ute(x�nauu ) Tqe foregoing nst met wasacknowledged ummmemiv day of... .—,X�O 1_7� Moy,M) Year My commission expires on: (3IR-_ _[��_ Day Month Year WILLIAM:ACOOPER NOT:A:RY PuBLic-ARIZONA Pinal xooes xp COMPLETE THIS SECTION ONLY IF YOU ARE A CO ENT 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. Gtoteof _____ County of The foregoing instrument was acknowledged before methis X day of Signature ofContm|||ng Person or Agent(circle one) Mnmx ' Year (Signatore;orNOTARY PUBLIC) Print Name My commission expires on: ____________________________ Day Montn Year DEC I 1 lqr, Lic.-111 - ARIZONA STATEMENT OF CITIZENSHIP OR ALIEN STATUS FOR STATE PUBLIC BENEFITS Tide IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 U.S.C. § 1621, provides that, with certain exceptions, only United States citizens, United States non-citizen nationals, non-exempt "qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrants, and certain aliens paroled into the United States are eligible to receive state,or local public benefits. With certain exceptions,a professional license and commercial license issued by a State agency is a State public benefit. Arizona Revised Statutes§41-1080 requires, in general,that a per-son applying for a license must submit documentation to the license agency that satisfactorily demonstrates the applicant's presence in the United States is authorized under federal law. Directions: All applicants must complete Sections I, II, and IV. Applicants who are not U.S. citizens or nationals must also complete Section III. Submit this completed form and a copy of one or more document(s) from the attached "Evidence of U.S. Citizenship, U.S. National Status, or Alien Status" with your application for license or renewal. If the document you submit does not contain a photograph, you must also provide a government issued document that contains your photograph. You must submit supporting legal documentation (i.e. marriage certificate)if the name on your evidence is not the same as your current legal name. SECTION I—APPLICANT INFORMATION APPLICANTS NAME (Print or type) RONALD ALAN WELTY TYPE OF APPLICATION(Check one) H INITIAL APPLICATION 0 RENEWAL SECTION II—CITIZENSHIP OR NATIONAL STATUS DECLARATION Are you a citizen or national of the United States? N Yes 0 No If Yes, indicate place of birth: City WENATCHEE State (or equivalent) wA Country or Territory USA If you answered Yes, 1) Attach a legible copy of a document from the attached list. Name of document ARIZONA DRIVERS LICENSE 2) Go to Section IV. If you answered No, you must complete Section III and IV. SECTION III—ALIEN STATUS DECLARATION To be completed by applicants who are not citizens or nationals of the United States. Please indicate alien status by checking the appropriate box. Attach a legible copy of a document from the attached list or other document as evidence of your status. Name of document provided Qualified Alien Status(8 U.S.C.§§ 1621(a)(1),-1641(b)and (c)) 0 1. An alien lawfully admitted for permanent residence under the Immigration and Nationality Act(INA) D 2. An alien who is granted asylum under Section 208 of the INA. D 3. A refugee admitted to the United States under Section 207 of the INA. 0 4. An alien paroled into the United States for at least one year under Section 212(d)(5)of the INA. OVER I of 3 10L 17. L-i C. R-11 12:0`3 O 5. An alien whose deportation is being withheld under Section 243(h)of the INA. O G. An alien granted conditional entry under Section 203(a)(7)of thelNA as in effect prior to April 1, 1980. O 7. An alien who iaa Cuban/Haitian entrant. O 8. An alien who has, or whose child or child's parent is "battened alien" or an alien subject to enLnama cruelty in the United States. Nonimmigrant Status (Q U.S.C. § 1621(a)(2)) O 9. A nonimmigrant under the Immigration and Nationality Act [8 U.S.0 § 1101 et seq.] Nonimmignwntnane persons who have temporary status for a specific purpose. Sae 8 U.S.0 § 1101(o)(15). Alien Paroled into the United States For Less Than One Year (8 U.S.C. § 1621(a)(3)) O 10. An alien paroled into the United States for less than one year under Section 212(d)(5)of the lNA Other Persons (Q U.S.0§ 1621(c){2}(A)and (C) 0 11. A nonimmigrant whose visa for entry is related to employment in the United States, or O 12. AdMzen of freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658 (or a successor pn»viy|un) is in effect [Freely Associated States include the Republic ofthe Marshall Islands, Republic of Palau and the Federate States ofMicronesia, 48 U.S.C. § 1901 et seq.l; 00 13. A foreign national not physically present in the UnibydStates. Otherwise Lawfully Present 0 14. 8 person not described in categories 1-12 who is otherwise lawfully present in the United States. PLEASE NOTE: The federal Personal Responsibility and Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for Uicensure' See 8U'S.C.§ 1621(a). SECTION IV- DECLARATION All applicants must complete this section. I declare under penalty of pedury under the laws of the state of Arizona that the answers and evidence l have given are true and correct to the best ofmyknowledge. GN APPTICAN-rs SI 7 E TODAY'S DATE 2 of 3 9yS/2O13 ' EVIDENCE Of U.S.CITIZENSHIP,U.S. NATIONAL STATUS,OR ALIEN STATUS You must submit supporting legal documentation (i.e. marriage certificate) if the name on your evidence is not the same as your current legal name. Evidence showing authorized presence in the United State includes the following: 1. An Arizona driver license issued after 1996 or an Arizona non-operating identification license. 2. A driver license issued by a state that verifies lawful presence in the United States. 3. A birth certificate or delayed birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, or the Northern Mariana Islands (on or after November 4, 1986, Northern Mariana Islands local time) 4. A United States certificate of birth abroad. 5. A United States passport. ***Passport must be signed*** 6. A foreign passport with a United States visa. 7. An I-94 form with a photograph. 8. A United States citizenship and immigration services employment authorization document or refugee travel document. 9. A United States certificate of naturalization. 10.A United States certificate of citizenship. 11. A tribal certificate of Indian blood. 12.A tribal or bureau of Indian affairs affidavit of birth. 13.Any other license that is issued by the federal government, any other state government, an agency of this state or a political subdivision of this state that requires proof of citizenship or lawful alien status before issuing the license. 3of3 9/5/2013 1 ' e} M� tY. a�+.• � 1�.�!ram y � ices ew }��/{ , x",ti•: Issued i it I I. LIQUOR LICENSES& CONTROL °lj Utl. lV D.g ^ Tw9ashington5th Floor Phoenix AZ 85007'2834 OmD (602) 542'5141 ���� K�� QUESTIONNAIRE Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. Read carefully. This instrument[se sworn document, Type or print with BLACK INK. An extensive investigation uf yourbackground wi\|bexnnducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON.AGENT,OR MANAGER. EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN ^ApPL|CANT`TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE, FINGERPRINTS ON FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SERVICES,OR THE DEPARTMENT OF LIQUOR. THE DEPARTMENT CHARGES A$13FEE |n addition tm other fingerprint fees,m$22DPS background check fee will be charged for each Liquor License ff fingerprint card. ~~^ ° (If the location is curreriily licensed) 1,Check CC—ontrolling Person—) Agent Manager(Only) appropriate —7C—omplete Questions 1-19) (Complete All Questions excp,12 #14, 14a&21) box Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2. Name:_ kASStJiSR MA _F-Dwam Date of Birth: Last First Middle (NOT a P 5 Social Security Number: Drivers License State (NOT a public record) (NOT a public record) 4. Place ofBirth: t: JA t " Weight: IU Eyes:6/^ Hair City State Country (not 6ounty) 5. Marital Status Married Divorced Widowed O. Name of Current orMost Recent S Date ofBirth: (List all for last 5 years-Use additional sheet if necessary) Lost rinu Middle Maiden (LnIa public record) 7. You are o bona fide resident ofwhat state? |(Arizona, date ofresidency: 8 Telephone number to contact you during business hours for any questions regarding this document. 9. If you have been an Arizona resident for less than three(3)months, submit a copy of your Arizona driver's license or voter registration card. 10. Name of Licensed Premises: 11. Physical Location of Licensed Premises Address: zip- 12 List your employment or type ofb If you checked the Manager box on the trR �iaf rm pkipA �n�'�[��'raiin`q'the licensed premises? 14.As a Controlling Person or Agent,will you be hysicallypresen YES 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 proo� 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. Hme you been cited, arrested, indicted or summoned into court for violation of ANY law mordinance, YES �� regard�sscf the d)spos�on. even �d�m�sodox expunged, wbhhlthe past ten (1O)years? -- In addition, please include all traffic tickets and complaints within the lastten (1O) years that reau|Uedhl 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, indictmentE YES ,��� or summonses against you or ANY enUk/ invvhioh you are novv involved? Include on� criminal ---- traffic tickets ond complaints, 17 Have you or any entity in which you have held ownerahip, been an officer, nnen)be/, director ormanager YES Q EVER ada business, professional or liquor application or license reiectel denied, revokpd, suspended or fined in this or any other state? 18 . "�". '.. � . the subject of which involved �� YES 19, Are you NOW or have you EVER held ownership, been controlling person, been on officer, YES director o/manage Ion any otherin this or any other state? If any answer to Questions 15 through 19 is"YES"YOU MUS attach a signed statgrnent. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. |. 1< � hereby declare that | am dheAPPL|CAN I (print full name of Applicant) filing this questionnaire. | have read this questionnaire and all statements are true, correct and complete, X ______ State ountyof (Signature of Applicant) " The foregoing instrument wasacknowledged before methis 5t�� ooycx My commission expires on: Day Month Year i NO NOTARYpU MY ion COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROiLIPJ 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 u County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) mmnm ' Year __--Print Name (Gignameqx NOTARY PUBLIC) My commission expires on: Day Month Yea ' ARIZONA DEPARTMENT OF LIC CENSES&CONTROL 1-j �,w...%p- r 13 DKc�41�&�l �tff Floor Phoenix AZ 85007-2934 (602) 542-5141 QUESTIONNAIRE Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. Read carefully. This instrument is a sworn document. Type or print with BLACK INK. An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT,OR MANAGER, EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT"TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE. FINGERPRINTS ON FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SERVICES,OR THE DEPARTMENT OF LIQUOR. THE DEPARTMENT CHARGES A$13 FEE. In addition to other fingerprint fees,a$22 DIPS background check fee will be charged for each fingerprint card. Liquor License The fegs jIllaw_@d by A,R.S.6 44-6852 will b?,cUarged for all dish2no[Qd check% 06 11 cc U, (if the location is currently licensed) 1.Check Controlling erso Agent Manage.,(Only) appropriate (Complete Questions 1-19) (Complete All Questions gxcgp #14, 14a&21) box po Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2. Name:— ki�&)EA 13,e 17-734 Aw JjjJCheE,4Lg=—_Date of Birth: Last First Middle "Ce"Cor 3 . Social Security Numbe (NOT a public record) rivers License AINNOTIMpublic Mrecordli State:—I) (NQI a public record} 4. Place of Birth: 019COC.R.A64 &ASk)A LAj A Height: Weight: Eyes: Hair:bx(A4 City State Country (not county) 5. Marital Status (Single Married Divorced Widowed 6. Name of Current or Most Recent Spouse: AJ 16 Date of Birth: (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden (NOT a public record) 7. You are a bona fide resident of what state? A 5 k19 If Arizona,date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document. 17 6*7 - -11-7 -4.617:7 9. If you have been an Arizona resident for less than three(3)months,submit a COPY Of Your Arizona driver's license or voter registration card, 10- Name of Licensed Premises: COA),66p Up Premises Phone: 48-0 11. Physical Location of Licensed Premises Address: Aj. japA 0,4#404E ',UT AJCT16 8,V-1� StreetAddrest (Do not use POBox#)" City County Zip 12 List your employment or tVDe of business during the past five(5) ears.If unemeloyed part of the time,list those dates. List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year MonthiYear OR BUSINESS (street address.city.state&zip) 1-6 CURRENT SCF Q r I C-0 LAAaAj� ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate our residence address for the last five(5)years: FROM TO Rent or RESIDENTIAL Street Address MonthiYear MonthlYear Own If rented.attach additional sheet with name,address and phone number of landlord City State Zin CURRENT dWJ..4F6 j_.C4A,QAE,j Base Al MJQ - 0 1 (tA Q00 I �h lilc,50 L April 16,2012 Disabled individuals requiring special accommodations,please call the Department.(602)642-9027 4115s ?1uo©R 4Z- z' E L),41 ve J u 1774 9"10.3 t AN CtI4AA6z" 19k T9so y CG i7-HEAt>G (04tT/OAT/tx17' J6/57 E, 6Ze/l 19NFNaE Ale, 9 (7sd1 If you checked th Manager box on th front of this form skip to#1S 14 As a Controlling Person or Agent,will you be physically praeWtl��1 P116RAO thh remises? YES If you answered YES, how many hrs/day?__,and answer#14a bp ow- IfNO, skipto#15. 14a. Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proo� 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 into court for violation of ANY law orordinance, YES (��Y) regardless of the dispneihon. even if dismissed or expunged, vv�hinthe past ten (1O) years? -- In addition, please include all traffic tickets and complaints within the last ten (10) years that resulted in o warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related. 16 Are there ANY administrative law citations, compliance actions orconaenta criminal indictments YES /��� V��/' or summonses PENDING ogainstynu or ANY entity in which you are now involved? Include only criminal traffic tickets und complaints. 1T Have you or any entity in which You have held ownership, been an officer, member, director or manager YES EVER 1had a business, professional ur -- or fined in this or any other state? 18 the subject YES� nu� u/,yox� ' ' 19 Are you NOW or have you EVER held ownership, been controllinq person, been anofficer, member, YES �N[� director or manage[on any otherliquor license in this ur any other state? If any answer to Questions 16 through 19 is "YES'YQJLMU_�T attach a signed statement. Give complete details including dates, agencies involved, and dispositions, SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. i 6hereby declare that |am the APPLICANT/REPRESENTATIVE (print full name of Applicant) filing this questionnaire. read this questionnaire aall statements are true, correct and complete. X State ~ -_- _' _'---_--___-' ------------------------_--_ __- ==��� ' �� � �� �� �A�U�n� w - The foregoing/ was before methis dayof _- Month Year My commission expires on: xI L4 Day wunm YSkchd sear ignature nf NOTARY PUBLIC) Neftry Public Mich"Cassel State of Alaska COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PERSON OR AGENT APPROVING 4 MANAGER'S APPLICATION 21 The applicant hereby authorizes the person named on this questionnairetu act as manager for the named liquor license. The manager named must be at least 21 years ofage. State of County of The foregoing instrument was acknowledged before methis X day of Signature nf Controlling Person nr Agent(circle one) mb"m Year Print Name (Signature or NOTARY PUBLIC) My commission expires on: Day Month Year ARIZONA DEPARTMENT OF LIQUOR LICENSES& CONTROL "�� Y�� ^~ ~=~xm.°=="" Phoenix AZ 85007-2934 " ^— (602) 542-5141 QUESTIONNAIRE Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. Read carefully. This instrument isu sworn document o,print with BLACK INK. /\n extensive investigation uf your background will heconducted. False*,incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit. TOeECOMPLETED BY EACH CONTROLLING PERSON.AGENT,oR MANAGER. EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN v\PPUCANr TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE. FINGERPRINTS Om FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES.BONA FIDE FINGERPRINT SERVICES,OR THE DEPARTMENT OFLIQUOR. THE DEPARTMENT CHARGES A$13FEE In addition to other fingerprint fees,a$22 DPS background check fee will be charged for each Liquor License £f fingerprint card. ~~. '. The fees allowed by 8.R.S. §44-052 will be charged fgr all dishongled chechs. 0!� 110QFL2— (if the location is currently licensed) 1. Check Qko�ntrdllng�Perso�n Agent Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions ej�cgR #14,14a&21) box 10, Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2. Name:— 8,6S5A.)HA IjEl/ M-A Date of Birth:d",WMecoMrP�- 3 . Social Security N be (NQT a public record) (NOT a public record) 4 . Place ofB|rth: Height:�Z���_ Weight: I- �Yes1�li� �m|c_�l�L�A�_ City State Count!j (not county) 5. Marital Status (� Married Divorced Widowed d. Name of Current urMost Recent Spouse: Date of (uotaxm mu n,/a�usve�°,'u��a� o"a|nnee Middle—���----' UdCIIa---public -------- 7. You area bona fide resident of what stata? If Arizona,date of residency: _____ 8 Telephone number to contact you during business hours for any questions regarding this document. B. |f you have been an Arizona resident for less than three(8)months, submit a COPY of Your Arizona driver's license nr voter registration card. 10 Name of Licensed Premises: Ch Premises Phone: 11 Physical Location of Licensed Premises Address: 12 f business during FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS Month/Year Month/Year OR BUSINESS (street address,city,state&zip) ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTIOIN� 13 Indicate FROM TO Rentor RESIDENTIAL Street Address Month/Year Month/Yeari Own If rented,attach additional sheet with name,address and phone number of landlord City State Zip k4,i|18.2V12 Disabled^individuals requiring special accommodations,please call^the Department.r.~/~_~~~~. If you checked the Manager box on the front of this form skip to#1S 14.As a Controlling Person or Agent,will you be physicali;�aaKal98oWatii��tMgWd premises? YES If you answered YES,how many hrs/day? andan§LALer#14abelo . IfNO, skipto#15. 14a. Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide proo� 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 orordinance, YES 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 d rug-reiated. 16. Are there ANY administrative law citations, compliance actions orconsents, criminal arrest, indictments YES or summonses PENDING againstyou o/AMY entity in which you are now involved? Include only criminal `--- traffic tickets an- comp\a-|nts. 17� Have you or any entity in which you have held cm/nership, been an of5oer, membar, director or manager YES EVER had o business, professional or - - orfinedinthioo/anyotheratoba? 18 H E the YES ~~='�~''~ ' 18. Are you NOW or have you EVER held ownership, been n controlling person, been anofficer, member, YES director orI manager on any other liguor license in this nr any other state? If any answer to Questions 15 through 19 is "YES"YOU MUS attach a signed statement. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20 {. . herebX declare that | am the APPL|C/\NT7REPRESENTAT|VE .p~'^full^name~Applicant) . h i || �ateme�sare bue. correct and complete, X _ ______________ 8�� ountyof nat re of Appli�cant); The foregoing ins� �� ���mom� day of mnnm Year N1y commission expires on: Day Month Ye "OlMichd now k 9fiature of NOTARY PUBLIC) COMPLETE THIS SECTION ONLY /F 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 bemt least Z1 years ufage. State —County of The foregoing instrument was acknowledged before mothis X day of Signature of Controlling Person ur Agent(circle one) Muom ' Year __- (Signature n[NOTARY PUBLIC) Mycommiouion expires on: Dar Month Year ARIZONA DEPARTMENT OF LIQUOR LICENSES& QJNTROL °13DEEC10 Floor - Phoenix 4Z 85007'2934 (602) 542-5141 V " QUESTIONNAIRE Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. Reed carefully. This instrument ioa sworn document, Type o,print with BLACK INK. An extensive investigation of your background will beconducted. False ur incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit, TOaE COMPLETED BY EACH CONTROLLING PERSON,AGENT,ORMANAGER. EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN `nPPUCANT'TYPE FINGERPRINT CARD AVAILABLE KT THIS OFFICE. FINGERPRINTS 0N FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SERVICES,OR THE DEPARTMENT OF LIQUOR. THE DEPARTMENT C*xPGE3A$13FEs I n addition to other fingerprint fees,a$22 DPS background check fee will be charged for each fingerprint card. Liquor uor License f The-fees allowed by A.R,S.§.44-68�2 will bg gbilirgea for all dishonored cbecks. 0 1P I 100 9.2 the location . Checkappropriate (Complete Questions 1-19) (Complete All Questions VAgeQj#i 4, 14a&21) box jo Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2. Name: Date of Birth:Last J First Middle (NOT a Public Record) 3. Social Security (NOT a public record) (NOT a public record) . P_--_ __ Height- Weight:~ 3 Eyes:__br_- Hair:_~~. City State Country (not county) 5. Marital Status Single Divorced Widowed ' 8, Name of Current nr Most Recent Spouse: Date of8 (List all for last 6yworx'Use additional sheet i/necessary) LasT First m/uuie Maiden 0NOIa public"eoo,u> 7� Yuuane�bonu�dereaiden�ofwh��a�a�e? If_ . ' ' 0 Telephone number to contact you during business hours for any questions regarding this document, S. If you have been an Arizona resident for less than three(3) months, submit a copy of your Arizona driver's license or voter registration card, 10 Name ofLicensed Premises: Coal 8,nys LA b Premises Phone� � 11 Physical Location of Licensed Premises Addres& 12 StreetAddres� (DonotusePoBox;f) City County Zip If you checked the Manager box on the front of this form skip to#15 14,As a Controlling Person or Agent,will you bi-$Eo�aW ATe4i��Wg the licensed premises? YES NO If you answered YES, how many hrs/day? and$In gr A14a 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 regardless of the disposition, even if dismissed or expunged, within the past ten (10) years? In oddition, please include all traffic tickets and complaints within the last ten (10)years that nasu|had 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 ym�� 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 EVER had a business, professional ur liquor agplication or license rejected, deniedrevoked, suspended or fined |n this or any other state? 18 the involved f YES �@J�� 19. Are you NOW or have you EVER held ownership, been a controlling . been an officer, YES KNO� directoror manage Ion any other liquor license in this orany other state? If any answer to Questions 15 through 19 is "YES"YOU MUS attach a signed statpmenj. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHAN6ES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. | . hereby declare that | em the ApPL|CANT7 (print full name o,Applicant) filing this questionnaire. | have read this questionnaire and all statements are true, correct and complete. � X ___ _~~�_°=^^^ �� _________ 8���eo Cuun�yuf �__ _lNlm`—___ '� (Signature of 7 The foregoing instm ntwas ackr1owledged before me this N1y commission expires on� Day Month Year (Signature of NOTARY PUBLIC NOTARY PU __- COMPLETE THIS SECTION ONLY IF YOU ARE A LIN AGENT APPROVING A MANAGER'S 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 16 S^�� day of Sign Of Controlling Person or Agent(circle one) Mon Year la�i —P V ( -A r�/ 0 AW-A" A . PArloj LN, Nnt Name My commission expires on: NOTARY PUIXX-AR oov mvnm Year ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 1-13 DEC ABO OW. aMi- f 5th Floor Phoenix AZ 85007-2934 (602) 542-5141 ��`����I QUESTIONNAIRE Attention all Local Governing Bodies: Social Security and Birthdate Information is Confidential. This information may be given to local law enforcement agencies for the purpose of background checks only but must be blocked to be unreadable prior to posting or any public view. Read carefully. This instrument is a sworn document. Type or print with BLACK INK. An extensive investigation of your background will be conducted. False or incomplete answers could result in criminal prosecution and the denial or subsequent revocation of a license or permit TO BE COMPLETED BY EACH CONTROLLING PERSON,AGENT,OR MANAGER. EACH PERSON COMPLETING THIS FORM MUST SUBMIT AN 'APPLICANT'TYPE FINGERPRINT CARD AVAILABLE AT THIS OFFICE. FINGERPRINTS ON FBI-APPROVED CARDS ARE ACCEPTED FROM LAW ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SERVICES,OR THE DEPARTMENT OF LIQUOR. THE DEPARTMENT CHARGES A$13 FEE, In addition to other fingerprint fees,a$22 DPS background check fee will be charged for each fingerprint card. Liquor License # The fees allowed by A.R.S.§44-6852 will be charged for all dishonored checks. /-)to I 106?2- (if the location is currently licensed) 1.Check Controlling Person Agent WManager(Only) appropriate (Complete Questions 1-19) (Complete All Questions excep #14,14a&21) box po Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 2,Name: -1 1 eiq toe It - Atin e Date of Birth ffast First Middle a ac e c o 3.Social Security Numbe rivers License State:-Ae 2-6- Ja a (NQT public a a pu ic record) (NM a public record) -7 �,P/V<Al 1 4.Piaceof Birth: -, ASP, -,,7 Ack- uspr Height: -'� Weight: Eyes:N.Lie- Hair:j3j%3jq8 Cit State Count (not county) 5. Marital Status Single( Married Divorced Widowed 6. Name of Current or Most Recent Spouse: N /,N Date of Birth: (List all for last 5 years-Use additional sheet if necessary) Last First Middle Maiden {NOT a public record) 7. You are a bona fide resident of what state? A6-7,n na— If Arizona,date of residency: ':11q11-C12:1 8 Telephone number to contact you during business hours for any questions regarding this document. —q 9. If you have been an Arizona resident for less than three(3)months,submit a copy of your Arizona driver's license or voter registration card. 10. Name of Licensed Premises: cle",Mo V5 f, in Premises Phone: GL-J 11,Physical Location of Licensed Premises Address- 2 Dkg nA/Z- zu"im'o') JOW& U/.w Street Add resi (Do not use PO Box City County Zip 12.List your employment or type of business during the past five(5)years. If unemployed part of the time,list those dates. List most recent 1 st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS C' 3 & Month/Year Month/Year OR BUSINESS (street address,city,state zip) 6 1 i 5r, , - I - r- &*� C MrV,,t4e Gar- --Npa6ye- Adal fiL 09/la -5e,rve C Lo -6-5-ft—r Me,56L, Ar, zt06,o,,- I- 0q1 I& & Ak ;a P14 t 4 5- een C-zloe k A&zi=a-t6�11 X -I (- , CLn!�j e( , t-A — av , ATTACH AD ZONAL SHEET IF NECES8ARY FOR EITHER SECTION 13, Indicate our 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 hone n,'*r of landlordcity State Zip 0,;1 4*-. CURRENT tz- I 1�7 is 061 It 011/1' rtAt r ftli e m n -A,7- 11 0.11/0 1A7 Apr-it 16,2012 Disabled individuals requiring special accommodations,please call the Department(602)542-9027 Employment History] DEC, -10 Licr. 'Jc- P'Mi(k)"rs) From To PosilLon Employers Sep-12 Oct-13 Bartender I Mirage Sports Grill-Apache Junction,AZ Mar-13 Sep-13 Bar Manager ?- Thirsty Cactus-Queen Creek,A21 Dec-11 Mar-12 Server 3 Red Lobster-Mesa,AZ Jun-11 Sep-11 Server LI Perfect Landing-Centennial,Cq Sep-08 Feb-12 Bartender 5 Applebee's-Gilbert,A4 fh II P So e47-#.EAJ Ve. qs?-0 4 q lP. L , -74Z57 [OCt-EP06.01 C,, so/m w -72-57 TRhlz., P.6'J )I'-- 5 ->AppLE,8,&F5 388l S . 61i.&EA7 4 4C7t,$ 7 ZO j. /00 WEA J-Z ?4C)l L jjC t_0)1E/I ;?O)o Ave,f7i R6114,#e T4407&A ZOj--,) LA 16W 14vr, 4/o/qc)��,:jl7fAk Residential History (5 Yea ►13 Tf,-' 'ifs -UT. LIC '#1210`� From TO Rent Own Street Addresi Sep-12 Current Rent 2010 W. 18th Ave,Apache Junction,AZ 8512q Jun-11 Sep-12- Rent 7440 S. Blackhawk St.#13-204,Englewood CO 80117 Jul-10 Jun-11 Rent 9390 S. Rural Rd,Tempe,AZ 85284) Jan-09 Jul-10 Rent 1440 E. Braodway Rd#1120,Tempe,AZ 8528Z Dec-06 Jan-09 Rent 16013 S. Desert Foothills Pkwy, Phoenix,AZ 85048 et ~ 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 physicA f&'ge�Fal-n-.d-vo'pe!-r�a-tinigi ItKe_'41�ensed premises? YES !NO If you answered YES,how many hrs/day?_,and ans er#143 bpelow. If NO, skip to#15. 14a. Have you attended a DLLC-approved Liquor Law Training Course within the past 5 years? (Must provide pr000 YES �NO If the answer to#i4a 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 p[summoned into court for violation of ANY law or ordinance, NO regardless of the disposition, even if dismissed or expunged,within the past ten (10)years? In addition, please include ail 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 urdmo-naohad. 16.Are there ANY administrative law citations, compliance actions or consents,criminal arrest, indictments YES or summonses ogainatyouorANYenUh/ in which you are noxvinvolved? Include only crinnina| \` ~/ traffic tickets and complaints. 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager YES EVER ad mbuaineos. professional or or fined |n this or any other state? 18. H the YES U�O ] ^ � ------ v�_~� 19. Are you NOW or have you EVER held ownership, been contr Iling person, been an officer, YES director or manage�on any other liquor license in this or any other state? If any answer to Questions 15 through 19 is"YES�'YOLJ MUST attach a signed staLement. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED 20. i. . hereby declare that | am the APPLICANT/REPRESENTATIVE (print full name of Applicant) / filing this U i | have readthi i i d all statements are true, correct and complete. RICK r4 of I, im), I - v -Notary Public-Ar4iffik of County of VA My Comm.Expires Apr 14.20% foregoing instrument was acknowledged before me this day of -S --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(|manae. The manager named must beat least 21 years cfage. State ountyof pt The foregoing instrument was acknowledged before mothis X 6��Sign/U4of Controlling Pierson or Agent(circle one) Month Year day of n n LZ3 - V ZV Z11 SSA)EA a I I /�_ - Print Name (Signature of NOTARY PUBLIC) My commission expires on: Day wcmm Year Plir"d County (�\JcZkA I)EP -10 licr. Lic. Rah N9 Motor VM Vehicle CERTIFICATE OF AUTHENTICATION Acurl Division 62-8405 R04/07 www.azdot.gov The duly appointed Division Director, Arizona Department of Transportation, Motor Vehicle Division, certifies that the signature on the accompanying document(s) is that of the Custodian of Records related to the issuance of Arizona titles and driver licenses for the Motor Vehicle Division,Arizona Department of Transportation, and is incumbent in the office and the signature is genuine. DIVISION DIRECTOR Motor Vehicle Division Arizona Department of Transportation Date: j/—Ao—(3. e Of 0� sip; ON \vAjc� M ;."( "jct M��� ARIZUNA NON-RESTRICTED FOR PAST FIVE YEARS AS OF I1/20/2013 PIN0426 MOTOR VEHICLE RECORD RECORD SECTION 01 OF 85 THIS DOCUMENT IS A CERTIFIED DUPLICATE OF THE INFORMATION CONTAINED IN THE COMPUTER STORAGE DEVICES OF THE DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, IN ACCORDANCE WITH ARIZONA REVISED STATUTES SECTION 28-444. NAME CLS DOB [WSTOME0# ESTHER,[AROLE ANNE,TAYLDR O EXP DATE ISS DATE WGT EY HGT HR SEX -- 87892852 05282013 110 BL 582 BR F STREET CITY ST ZIP [TRY 2810 W 18TH AVE APA[HE JUNCTION AZ 85128 MAILING ADDRESS CITY ST ZIP [TRY RESTRICTIONS: CORRECTIVE LENS ENDORSEMENTS: NONE IDENTIFICATION NUMBERS AND/OR PERMITS CLS: M I5S DTE: 12163086 EXP DTE, 86I62807 STATUS: RESTRICTIONS: INSTRUCTION PERMIT ENDORSEMENTS: NONE [LS: G IS5 QTE: 87282803 EXP DTE: 07282884 STATUS: MVR FOR PAST FIVE YEARS AS OF 1I/20/20I3 ESTHER,[AROLE ANNE,TAYLOR RECORD SECTION 82 OF 85 THIS DOCUMENT IS A CERTIFIED DUPLICATE OF THE INFORMATION CONTAINED IN THE COMPUTER STORAGE DEVICES OF THE DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, IN ACCORDANCE WITH ARIZQNA REVISED STATUTES SECTION 28'444. ADDITIONAL LICENSES AND/OR PERMITS RESTRICTIONS: INSTRUCTION PERMIT ENDORSEMENTS: NONE [L5: ID LIC. IS5 DTE: 831528II EXP DTE: 88I4281I STATUS: LICENSE NO: ST EXPIRES PREVIOUS LICENSE 5T EXPIRES PREVIOUS LICENSE AZ 0789205 A2 87802053 AZ 87892853 AZ 87092852 AZ 88888888 AZ 87092853 &Z 87093852 AZ 07892052 AZ 87893852 ADDITIONAL PRIOR LZ[ENSE INFO ON RECORD ACT DATE VIOL CODE D E S [ R Z P T I O N 83282809 28-78I.82A3 EXCEED LIMIT BY 20 MPH OR OVER 45 MPH MVR FOR PAST FIVE YEARS AS OF 1I/28/2813 / "13 DEC 10 d/u. Li!--. pM12V9 ESTHER,CAROLE ANNE,TAYLOR RECORD SECTION 83 OF 05 THIS DOCUMENT IS A CERTIFIED DUPLICATE OF THE INFORMATION CONTAINED IN THE COMPUTER STORAGE DEVICES OF THE DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, IN ACCORDANCE WITH ARIZONA REVISED STATUTES SECTION 28-444. ACT DATE VIOL [80E Q E S C R I P T 1 Q N BUSINESS/RESIDENTIAL PLEA OF GUILTY OR RESPONSIBLE; SENTENCE IMPOSED LO[/ MARI[OPA FINE: 258.88 CRT: 8741 LSP/ASP 58/875 pLT#: AC55822 AZ TOYO 05I82089 DI ACTION SUSPENSION FYA82882 EFF TO 88I82889 ACTION COMPLETED NOTIFICATION STATUS: MAILED 84282889 01272011 38-1385 ADMIN PER SE AFFIDAVIT BLOOD ALCOHOL CONTENT OF .88 PERCENT OR MORE LOC: MARZCOPA CRT: 9988' 81272811 28-I3814l DUI OF LIQUOR, DRUGS OR VAPORS OR COMBINATION PLEA OF GUILTY OR RESPONSIBLE; SENTENCE IMPOSED L0[: MARICOPA FINE: 8.08 CRT: 0738 LSP/ASP 65/883 PLT#: A[S5822 AZ KIA MVR FOR PAST FIVE YEARS AS OF I1/28/28I3 ESTHER,[AROLE AN@E,TAYLOR RECORD SECTION 84 OF 85 THIS DOCUMENT IS A CERTIFIED DUPLICATE OF THE INFORMATION CONTAINED IN THE COMPUTER STORAGE DEVICES OF THE DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION, IN ACCORDANCE WITH ARIZONA REVISED STATUTES SECTION 28'444. ACT DATE VIOL [ODE 0 E S [ K I P T I U N 8211281I DI ACTION ADMIN PER SE SUSPENSION JOQ0O805 EFF TO 83I32811 ACTION COMPLETED SERVED BY OFFICER 012728II 03133811 DI ACTION DETAILED RESTRICTIONS ' TO/FR WRK,S[HL,TRTMNT,JOB,PNUB JTA02094 EFF TO 85I2281I ACTION COMPLETED NOTIFICATION STATUS: MAILED 0322281I 04I438I1 DI ACTION CERTIFIED IGNITION INTERLOCK DEVICE JXL08308 EFF TO 84143812 ACTION COMPLETED NOTIFICATION STATUS: MAILED 04192011 041920I1 DI ACTION T5S ASSIGNMENT JX388805 ACTION COMPLETED NOTIFICATION STATUS: MAILED 8419281I 84I92011 TSS ACT. TSS COMPLETED PERMIT# T2I13 - DISP DATE 051820II 05192011 DI ACTION SUSPENSION MVR FOR PAST FIVE YEARS AS OF I1/28/3013 ESTHER,CAROLE ANNE,TAY[DR RECORD SECTION 85 OF 85 THIS DOCUMENT IS A CERTIFIED DUPLICATE OF THE INFORMATION CONTAINED IN THE COMPUTER STORAGE DEVICES OF THE DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DE !�) Liqf-. Llc- DIVISION, IN ACCORDANCE WITH ARIZONA REVISED STATUTES SECTION 28-444. ACT DATE VIOL CODE DESCRI P T 1 0 N KCA00716 EFF TO 05242011 ACTION COMPLETED NOTIFICATION STATUS: MAILED 05192011 05242011 DI ACTION CERTIFIED IGNITION INTERLOCK DEVICE JXL00308 EFF TO 05242012 ACTION COMPLETED NOTIFICATION STATUS: NOT APPLICABLE 05242011 05242012 DI ACTION COURT ORDERED CERTIFIED IGNITION INTERLOCK DEVICE LDA00531 EFF TO 05242013 ACTION COMPLETED NOTIFICATION STATUS: MAILED 11232011 END OF RECORD Z5 Home of the Superstition Mountains NOTICE The attached application for a Person Transfer, Corporation, Bar Liquor License submitted for Cowboys Up located at 285 N. Apache Trail, Apache Junction, Arizona, was posted on the 11 th day of December 2013, at 2:30 p.m. Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the City Clerk at City Hall within twenty (20) days after the date of posting. Arguments for, not objections against, shall be filed thereafter. A public hearing will be held Tuesday, January 7, 2014, 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.:kicity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 AG Home of the Superstition Mountains December 11, 2013 Mr. Ronald Alan Welty Cowboys Up, Inc. 1408 W. 15th Lane Apache Junction, AZ 85120 Dear Mr. Welty: Please be advised that the application for a Person Transfer, Corporation, Series 6 Liquor License submitted for Cowboys Up, Inc., 285 N. Apache Trail, Apache Junction, Arizona, was posted on December 11, 2013, in accordance with State law. The Apache Junction City Council will hold a public hearing on January 7, 2014, 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 $50.00 non-refundable application fee that is due and must be received by Monday, December 23, 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, /V 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 DECEMBER 10, 2013 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY BUILDING DIVISION PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR LIQUOR LICENSE FOR COWBOY UP, INC. Mr. Ronald Alan Welty has submitted an application for a Person Transfer, Corporation,Series 6 Liquor License for Cowboy Up, Inc. located at 285 N. Apache Trail, Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by email no later than Monday, December 23, 2013, in order for this item to be on the agenda for the City Council meeting of January 7, 2014. - - — Suzanne Heninger Fromm Dennis Dixon Sent: Monday, December 23' 2Ol38:13AK4 To: SuzmnneHeninger Subject: RE:Cowboy Up Liquor License Recommendations When they finish the improvements associated with their permit, I have no objections. From: Suzanne Hmninger Sent: Monday, December 23, 3013 8:07AM To: Dennis Dixon Cc: Janet Mason Subject: Cowboy Up Liquor License Recommendations Please provided your recommendations regarding Cowboy Up today so they can be included in the packet. � Apache Junction Fire District PROUDLY SEpyIryG 565 North Idaho Road, Apache Junction, AZ 85119 lip Phone (480) 982-4440, Fax(480) 982-0183 www.ajfire.org MEMORANDUM TO: Jan Mason,Deputy City Clerk City of Apache Junction FROM: John Suniga,Deputy Fire Marshal - DATE: December 11, 2013 SUBJECT: Series 6 Liquor License Application for Cowbov Up The Apache Junction Fire District recommends approval of the above noted application. As always we will conduct the needed safety inspections as this new construction project progresses. Thank you for your notification on this matter. jos ATTN: Application ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 9. �Piz oN* File ID: 13-421 Sponsor: Rudy Esquivias Agenda Date: 1/7/2014 Index: In Control: City Council Meeting Proposed Ordinance No. 1396 (rezoning case PZ-6-13), a request by Superstition Springs Holdings, LLC, represented by Kyleigh Merritt of triARCH Architecture, to rezone a 2.6-acre property located at the southeast corner of W. Apache Trail and S. Gold Drive, from Local Commercial District by Planned Development (C-2/PD)to General Commercial District by Planned Development (C-3/PD). Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction J'0 T. Development Services Department Date: December 19, 2013 To: Honorable Mayor and City Council Members Through: George Hoffman, City Manager Brad Steinke, Development Services Director From: Rudy Esquivias, Senior Planner/Zoning Admin. Subject: January 7, 2014, City Council Public Hearing Item: PZ-6-13 (Proposed Ordinance No. 1396) Superstition Springs Holdings LLC/Merritt Rezoning Background Superstition Springs Holdings, LLC, represented by Kyleigh Merritt of triARC Architecture, is proposing to rezone the +/-2 . 6 acres property at the southeast corner of W. Apache Trail and S. Gold Drive, from C- 2/PD (Local Commercial District by Planned Development) to C-3/PD (General Commercial District by Planned Development) . The proposal seeks to develop a medical and office complex on the south 1 . 6 acres of the property and a north 1-acre pad would be reserved for a future retail or downtown-oriented commercial use. The applicants propose to create two parcels/phases for now, develop the south phase first, and leave the development of the second phase to suit the needs of that future developer. Staff is working with the applicants to establish a palette of uses and basic unifying design requirements, applicable to the entire property, to allow easier development of the north parcel without necessarily requiring another PD amendment process later on. Planning and Zoning Commission Recommendation On November 26t"', 2013, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) . The Commission voted to recommend approval of the PD rezoning by a vote of 4 to 0 (three Commissioners absent) , subject to all of Staff' s recommended conditions . No neighbors spoke at the public hearing. City Council Work Session At their work session on December 16, Councilmembers asked about the financial feasibility of the project, if we have assurances that it will be built, and about possibly putting a reversion clause on the rezoning. The applicant was in attendance and will address the feasibility issue with Council at the public hearing. Below, Staff offers an additional recommended condition of approval (with options) , should Council want to add a reversion condition to proposed Ordinance No. 1396. In follow up discussions, a Councilmember has suggested that a condition be added requiring the future development of the north parcel to be in compliance with the city' s Downtown Overlay District, western themed design guidelines. Staff suggests that condition #6 be reworded as shown below, should Council wish to amend condition #6 to require compliance with a western architectural theme. Suggested changes/additions to proposed conditions of approval : 6) At such time that a future business proposes to locate on the Phase 2 portion of the property, said business shall be required to comply with all provisions of this Planned Development zoning approval, at a minimum to include the construction of on-site and off-site improvements as required by the city' s Engineers, the limited uses and unifying signage and landscape improvements . Any future building shall incorporate Similar O pa4ib' & a-rehlte ur-al St�'!i-x-g-as ;the metri!ding 5 611 Phase— i the architectural design guidelines of the Downtown Overlay District Transitional Zone. Requested deviations from the provisions of this ordinance shall require a separate Planned Development amendment process . 10) The subject property shall be substantially developed within (2? 3? 5?) years of this Planned Development rezoning approval, or the plan may be subject to reversion by City Council legislative action pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-19 Planned Development Zoning District. For the purpose of this Planned Development approval, substantial development shall be evidenced by the construction and completion of at least three(?) buildings in the Phase 1 area; or at least one(?) building in the Phase 1 area and completed construction of the Phase 2 area. Staff presents Ordinance No. 1396 (attached) as recommended by the Planning and Zoning Commission. Should a Councilmember wish to add one or both of the conditions above to the Ordinance, please do so in your motion for approval . Attachments: - Proposed Ordinance No. 1396 - PZ Staff Report from November 26, 2013, with all attachments. ORDINANCE NO. 1396 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-6-13 , A REQUEST BY SUPERSTITION SPRINGS HOLDINGS, LLC, REPRESENTED BY KYLEIGH MERRITT, FROM LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT (C-2/PD) TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT (C- 3/PD) ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, pursuant to Ordinance No. 1252 (Case PZ-10-05) , approved on November 15 , 2005 , the property was rezoned for a small medical clinic and two other commercial pads , but was never developed; and WHEREAS, the conceptual Planned Development plan approved as part of Ordinance No. 1252 does not suit the current development plans and needs of the new owners and thus, a new development plan is needed; and WHEREAS, on November 26 , 2013 , the Apache Junction Planning and Zoning Commission voted to recommend approval of rezoning case PZ-6-13 by a vote of 4-0 , for the purpose of allowing the property to be developed with a medical and office complex on the south +/-1 . 6 acres and reserving the north +/-1 acre for a future commercial development, subject to certain conditions for both the current and future development of the property; and WHEREAS, the City Council hereby determines that the proposed Planned Development Plan conforms to all of the general criteria as specified in Section 1-16-5 C-3 Local Commercial District and Section 1-19-9 General Criteria of the Planned Development Zoning District regulations of the City of Apache Junction Zoning Ordinance (except as otherwise conditioned herein) , including compliance with the General Plan, integration with the surrounding neighborhood, adequate traffic accommo- dation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social , built, and natural environments in the City. ORDINANCE NO. 1396 PAGE 1 OF 5 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL That the zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as : The East 190 . 8 feet of the North 660 feet of the West 700 feet of the following described property: The East half of the West half of the Southwest quarter and the East half of the West half of the West half of the Southwest quarter of Section 20 , Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except any portion lying within the former US Highway 60 right- of-way (also known as Pinal County Assessor' s Parcel No. 101-16-006D) . be and hereby is amended from Local Commercial District by Planned Development (C-2/PD) to General Commercial District by Planned Development (C-3/PD) , subject to the following conditions of approval : 1) The property owners shall dedicate and improve any necessary rights-of-way on Gold Drive and Apache Trail, as required by the City Engineer and to the city' s engineering standards and guidelines, prior to or at the time of improvement plans submittal for the Phase 1 and/or Phase 2 parts of the proposed development, as described in case file PZ-6-13 and incorporated by reference herein. 2) The medical and office complex, and future commercial pad shall be developed in accordance with the submitted concept plans incorporated by reference herein, to include but not be limited to, the proposed site plan and conceptual elevations and the proposed access configuration, except as otherwise conditioned herein. 3) Future uses on the C-3/PD-zoned property shall include those uses normally allowed under the C-3 base zone, ORDINANCE NO. 1396 PAGE 2 OF 5 except for the following uses : pawn shop, tattoo and/or piercing establishment, outdoor storage business of any kind, taxi or shuttle business, convenience store, rescue mission, soup kitchen or homeless shelter, second-hand stores , used auto sales , auto or motorcycle repair shops, medical marijuana uses, other uses determined by the Zoning Administrator to be incompatible with a downtown- oriented neighborhood compatible environment . 4) The landscape plan for the entire property shall incorporate a similar plant palette to create a unifying landscape theme on both phases of the property. Said landscape improvements shall be in compliance with the city' s Landscape and Screening Requirements, including the following additional requirements : A) minimum 10-foot-wide landscape strips along the east and south boundaries of the property, wherein at least 50a of the required trees shall be 24" box trees and all of the shrubs shall be 5-gallon minimum in size; B) at least 500 of the required trees along the property' s Gold Drive and Apache Trail frontages shall be 24" box trees and all of the required shrubs shall be 5-gallon minimum in size; C) the decomposed granite within any landscape strips or islands shall be 1" minus in size and of a color which complements the building colors ; D) 8-foot high masonry walls shall be required along the property' s east and south boundaries (exclusive of the front yard setback areas of the project) to further buffer the proposed commercial uses from the adjacent residential uses . 5) As part of a comprehensive sign package, the Phase 1 and Phase 2 businesses shall be allowed to advertise on multi-tenant monument signs, one each, located on the Gold Drive and Apache Trail frontages . Said monument signs shall be of the same design and size, shall complement the architecture of the buildings, and shall be subject to Planning Staff review and approval . 6) At such time that a future business proposes to locate on the Phase 2 portion of the property, said business shall ORDINANCE NO. 1396 PAGE 3 OF 5 be required to comply with all provisions of this Planned Development zoning approval , at a minimum to include the construction of on-site and off-site improvements as required by the city' s Engineers, the limited uses and unifying signage and landscape improvements . Any future building shall incorporate similar or compatible architectural styling as the buildings on Phase 1 . Requested deviations from the provisions of this ordinance shall require a separate Planned Development amendment process . 7) The property may be developed in two phases as described in case file PZ-6-13 , with the necessary public improvements to be constructed with each phase, except that the crosswalk shall be constructed with the Phase 1 portion of the project . 8) A separate commercial subdivision process shall be required should the developer desire to create units for individual sale after rezoning. It is the responsibility of the developer to develop the property with the appropriate infrastructure systems to facilitate a possible future subdivision, or else improvements may need to be retrofitted later for a subdivision project, at the developer' s expense . 9) All development on the property is subject to proper permits and inspections, and compliance with all adopted City codes and ordinances . SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof . ORDINANCE NO. 1396 PAGE 4 OF 5 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2014 . SIGNED AND ATTESTED TO THIS DAY OF 2014 . JOHN INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1396 PAGE 5 OF 5 �WrXH J i, City of Ap ache Junction qR� OH Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : November 26, 2013 CASE NUMBER: PZ-6-13 APPLICANTS/OWNERS : Superstition Springs Holdings, LLC REPRESENTATIVE : Kyleigh Merritt, of triARC Architecture and Design REQUEST : An application requesting rezoning from C- 2/PD (Local Commercial District by Planned Development) to C-3/PD (General Commercial District by Planned Development) , for the purpose of developing the south 1 . 6 acres of the 2 . 6-acre property with a medical and office complex, and reserving the north 1 acre for a future commercial development . LOCATION: The property is located at the southeast corner of W. Apache Trail and S . Gold Drive. GENERAL PLAN/ ZONING DESIGNATION: Downtown Mixed Use SURROUNDING USES and ZONING: North: Automotive repair shops and vacant land ( zoned CB-2, General Business and C-3/PD, General Commercial by Planned Development) ; South: Single-family homes subdivisions ( zoned TH and CR-3/PD) ; East : Tire repair shop and single-family homes ( zoned CB-2 and GR, General Rural) ; West : Auto parts store, grocery store and vacant pad (zoned C-3/PD) . PZ-6-13 (Sup. Holdings, LLC/Merritt) Page 2 of 8 BACKGROUND On November 15, 2005, the City Council approved Ordinance No. 1252, approving a rezoning and a conceptual development plan for the subject property (see ordinance and concept plan attached) . The concept plan called for the development of a single-building medical clinic in roughly the central portion of the property; a pad on the north end of the property was reserved for future retail or restaurant; and a south pad was reserved for a small strip center which would accommodate low intensity neighborhood services types of businesses . The plan was tied into a building permit for the medical clinic that was already in process at the time and was very tailor made for the Doctor who was developing the property. A small palette of uses was specified and the future pads would have to be developed under individual planned development approval processes . Ultimately, three parcels would result from the rezoning. For various reasons the property was never developed. PROPOSAL A new ownership group is interested in developing the property (see rezoning application and narrative attached) . This proposal seeks to develop a medical and office complex on the south 1 . 6 acres of the property, comprised of 6 buildings, approximately 3000 square feet each in size; and a north 1-acre pad would be reserved for a retail or restaurant establishment . Dr. Kumar, who is proposing this development, has indicated that he may want to `condo out' the occupancies in the buildings for doctors and practitioners who want to own their own space, but that would be subject to a commercial subdivision process later on (see Gold Drive Development packet attached) . Although the property is being up-zoned, Staff is working with the developer to establish a palette of uses and basic unifying design requirements, applicable to the entire property, to allow easier development of the north parcel without necessarily requiring another PD amendment process . The developer plans to create two parcels/phases for now and develop the south phase first . PLANNING DIVISION ANALYSIS AND FINDINGS Zoning/Site Context/General Plan : The General Plan designates the subject site as Downtown Mixed Use, which is intended to encourage commercial, employment, PZ-6-13 (Sup. Holdings, LLC/Merritt) Page 3 of 8 entertainment and higher density residential uses in a downtown core type of environment . This property is also in the Downtown Overlay District . Properties to the north, east and west share the same designation; while to the south, the residential neighborhoods are designated Medium Density Residential (maximum of 6 dwelling units per acre) . The City has high hopes for the development and redevelopment (such as Elvira' s) of properties particularly to the north and west of the site, under their own PD approvals, and a new Circle K is planned for the northeast corner of Ironwood and Apache Trail . This development, when realized, will provide positive infill, additional employment and personal service opportunities in our downtown core area. Proposed Development/Relationship to Codes and Ordinances: The proposed planned development seeks to limit the palette of uses, similar to the previously approved plan, to allow for compatible uses on the 2 . 6 acres . Staff may ask that additional uses be excluded as part of a recommendation of approval, simply because up-zoning from C-2 to C-3 allows additional uses that may not be compatible . According to the submitted site plan, a couple of PD deviations are being requested as part of the plan: instead of the normally required C-3 zone, 25' front setback, the applicants are asking for a minimum of 20' ; instead of the normally required 25' rear setback, the applicants are asking for a minimum of 10' ; and instead of the normally required 25' side setback (adjacent to the residential neighborhood) , the applicants are asking for 10' on both the south and north sides . 8-foot masonry walls and landscape strips will provide buffers between the residential uses and the new commercial uses . Staff will recommend trade-offs for these requested deviations . On-site and Off-site Improvements: Off-site street improvements have already been constructed on the Apache Trail frontage of the property, but the applicants will be required to provide off-site improvements along Gold Drive as requested by the City Engineer. These may include street widening and median reconfiguration, sidewalks, curbing, gutters, streetlights, fire hydrants, and hard surface wheelchair access and/or marked crosswalks from the south phase of the project to Apache Trail . On-site improvements such as landscaping, on-site retention and drainage, paved parking, and cross access to the north lot shall also be required. Staff will also ask for a unified landscape scheme and architectural compatibility for the entire site. The developer is requesting PZ-6-13 (Sup. Holdings, LLC/Merritt) Page 4 of 8 that the City allow a multi-tenant sign, listing the businesses on the south side of the property, to be accommodated on the north end of the property, visible from Apache Trail . As part of a planned development approval, a comprehensive sign package may be approved for the entire site . Public Input : The applicant' s public participation plan is to request written input from the neighbors . Staff will update the Commissioners with the applicant' s results of their neighborhood outreach effort at their meeting on November 26 . So far, no comments have been received from neighboring property owners . PLANNING AND ZONING COMMISSION WORK SESSION At their work session on November 12, the Commissioners seemed generally amendable to the request . One Commissioner commented that she would like to see "southwesterny" architectural detailing applied to the buildings, while another commented that she liked the design of the buildings . Staff has asked the applicants to rework their elevations to add more aesthetic enhancements to the proposed buildings, at least in terms of color, materials, visual interest, etc. We hope to have revised elevations to show the Commissioners at their meeting on November 26. A preference was also stated that the street improvements on Gold should be installed from the south property line to Apache Trail . As mentioned above, the applicants propose to split the property into a south 1 . 6 acres ("Phase 1") and a north 1 acre ("Phase 2") . Dr. Kumar plans to develop the medical and office complex on the south, and the north one acre will probably be sold and developed by someone else . In preliminary meetings, Public Works Engineering requested that the applicants provide pedestrian and disabled access from Apache Trail to the northernmost property line of Phase 1 . Three possible options were discussed: 1) construct full street improvements along the entire Gold Drive frontage of the property now; 2) provide temporary hard surface access, such as an asphalt pathway, on the east side of Gold from Apache Trail to the north end of Phase 1; or 3) construct and extend a new crosswalk from the existing sidewalk on the west side of Gold, across the street to the north side of Phase 1 . Please see the last page of the 11" x 17" attachments where Dr. Kumar' s Engineer is proposing to PZ-6-13 (Sup. Holdings, LLC/Merritt) Page 5 of 8 construct a disabled-accessible crosswalk from the existing sidewalk on the west side of Gold, across the street, to the north end of Phase 1 in accordance with option 3 above . It is the applicant' s desire to defer the street improvements on the north one acre to the future developer of Phase 2, to suit their access needs . Lastly, there was also a question about the location of the south property line and what the 19-foot-wide strip is on the south end of the property. Staff has asked the applicant to explain that discrepancy at the public hearing on the 26th. PLANNING DIVISION RECOMMENDATION The Planning Division recommends approval of this rezoning and we believe that the proposed development represents a positive improvement and a neighborhood compatible infill use for the long vacant and centrally located property. For the purpose of limiting incompatible C-3 uses on the property and in exchange for the planned development trade-offs being requested, Staff offers the following recommended conditions of approval for the Commission' s consideration. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of rezoning case PZ-6-13, a request by Superstition Holdings, LLC, repre- sented by Kyleigh Merritt, for a rezoning of their 2 . 6-acre property from C-2/PD (Local Commercial District by Planned Development) to C-3/PD (General Commercial District by Planned Development) , subject to the following conditions of approval : 1 ) The property owners shall dedicate and improve any necessary rights-of-way on Gold Drive and Apache Trail, as required by the City Engineer and to the city' s engineering standards and guidelines, prior to or at the time of improvements plans submittal for the Phase 1 and/or Phase 2 parts of the proposed development, as described in case file PZ-6-13 and incorporated by reference herein. PZ-6-13 (Sup. Holdings, LLC/Merritt) Page 6 of 8 2) The medical and office complex, and future commercial pad shall be developed in accordance with the submitted concept plans incorporated by reference herein, to include but not be limited to, the proposed site plan and conceptual elevations and the proposed access configuration, except as otherwise conditioned herein. 3) Future uses on the C-3/PD-zoned property shall include those uses normally allowed under the C-3 base zone, except for the following uses: pawn shop, tattoo and/or piercing establishment, outdoor storage business of any kind, taxi or shuttle business, convenience store, rescue mission, soup kitchen or homeless shelter, second-hand stores, used auto sales, auto or motorcycle repair shops, medical marijuana uses, other uses determined by the Zoning Administrator to be incompatible with a downtown- oriented neighborhood compatible environment . 4) The landscape plan for the entire property shall incorporate a similar plant palette to create a unifying landscape theme on both phases of the property. Said landscape improvements shall be in compliance with the city' s Landscape and Screening Requirements, including the following additional requirements : A) minimum 10-foot-wide landscape strips along the east and south boundaries of the property, wherein at least 500 of the required trees shall be 24" box trees and all of the shrubs shall be 5-gallon minimum in size; B) at least 500 of the required trees along the property' s Gold Drive and Apache Trail frontages shall be 24" box trees and all of the required shrubs shall be 5-gallon minimum in size; C) the decomposed granite within any landscape strips or islands shall be 1" minus in size and of a color which complements the building colors; D) 8-foot high masonry walls shall be required along the property' s east and south boundaries (exclusive of the front yard setback areas of the project) to further buffer the proposed commercial uses from the adjacent residential uses . 5) As part of a comprehensive sign package, the Phase 1 and Phase 2 businesses shall be allowed to advertise on PZ-6-13 (Sup. Holdings, LLC/Merritt) Page 7 of 8 multi-tenant monument signs, one each, located on the Gold Drive and Apache Trail frontages . Said monument signs shall be of the same design and size, shall complement the architecture of the buildings, and shall be subject to Planning Staff review and approval . 6) At such time that a future business proposes to locate on the Phase 2 portion of the property, said business shall be required to comply with all provisions of this Planned Development zoning approval, at a minimum to include the construction of on-site and off-site improvements as required by the city' s Engineers, the limited uses and unifying signage and landscape improvements. Any future building shall incorporate similar or compatible architectural styling as the buildings on Phase 1 . Requested deviations from the provisions of this ordinance shall require a separate Planned Development amendment process . 7 ) The property may be developed in two phases as described in case file PZ-6-13, with the necessary public improvements to be constructed with each phase, except that the crosswalk shall be constructed with the Phase 1 portion of the project . 8) A separate commercial subdivision process shall be required should the developer desire to create units for individual sale after rezoning. It is the responsibility of the developer to develop the property with the appropriate infrastructure systems to facilitate a possible future subdivision, or else improvements may need to be retrofitted later for a subdivision project, at the developer' s expense. 9) All development on the property is subject to proper permits and inspections, and compliance with all adopted City codes and ordinances . Prepar d y d Esquivias Senior P a er/ oning Administrator PZ-6-13 (Sup. Holdings, LLC/Merritt) Page 8 of 8 Attachments: - Rezoning Application and Narrative - PZ-6-13 Rezoning and Vicinity Map - Property Aerial - Neighborhood Aerial - Ordinance No. 1252 and Conceptual Site Plan (previous approval) - Gold Drive Development architectural exhibits CC: PZ-6-13 Case File Applicant CITY OF APACHE JUNCTION REZONING APPLICATION FORM Own information: Name: (eCgGr, /he'll (` f ih?} C cr v �Ielephone: �c0 2- 22q . I tUo Address: 14 Y1� W-17.9 YOAo-e k- 71-Z E56104 Property Information: Zoning Classification Current: Pr Requested: Property Size: 2.(Q17 10 acres ❑ square feet County Tax Assessor Parcel #:/o/ --�(o Legal Description of Property (found on County Tax Bill Notices):_ — — —�—j Address/Location of Property (if different from Owner Address, above): GI' q S. 6,v1'�J- D-1 ,,-f , GG-x- Jkn ay a �4 kl�-1 2e List all improvements to Property: ee- Structures/Use of Ayydjaccia Properties: North: C/l� /ywf i ll�- South: CS[ East: West: a,(,tf6 PAJ,--tS (�. Reason for Rezoning Request: J List any land-use or environmental impacts that may be expected if property is rezoned:_ 4kyu-11 FOR OFFICE USE ONLY Case No.: PZ- - Date Filed: Application Received By: Fee Amount: S I/We certify that: I/We are the owner(s) of the property described in this application for rezoning and have submitted copies of deeds or title reports as proof of ownership. I/We have read the application instructions and have truthfully completed this application. I/We understand that rezordng is conditional upon dedication and time requirements, and that the City has the option of either approval or denial of this request following conduct of a Public Hearing. If We, being the owner(s) of the property in this application, have appointed as my/our representative agent. I/We have atAo4ed him/her to do whatever is necessary to have this request considered favorably by the City of Apache Junction and agree that all correspondence relating to this matter should be delivered to him/her. PLEASE PRINT Property Owner Name Signatu Stree(Address City,.State,Zip Telephone Property Owner Name Signature Street Address City,State,Zip Telephone *gt N e tur Street Address s Do' ��0 229 1100 City,State, p Telephone STATE OF ARIZONA) The foreg 'n 'nstrument s c owledged before SS me this day of ,20 1 CO oiad u i i State ofAnZona r: f( onty Sophia scobar My Commission Expires Not Public 0 / 1/21 My Commission Expires; 01 201� f r ' A RC architecture & design Gold Drive Development 99 S. Gold Drive Rezoning Application Legal Description of Property The East 190.8 feet of the North 660 feet of the West 700 feet of the following described property: The East half of the West half of the Southwest quarter and the East half of the West half of the West half of the Southwest quarter of Section 20, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except any portion lying within US Highway 60 List All Improvements to Property We are proposing a lot split for this property dividing the north-most acre from the remaining 1.617 acres. The north portion of the parcel will be vacant for future development. The south portion will be developed for 1 story 3,000sf medical office buildings; a total of 6 buildings and related parking and site developments are proposed. We are also including in our development, currently under discussion with the city engineer, the off- site improvements like paving of Gold Drive, street lights, sidewalks, etc. Reason for Rezoning Request We would like to change the current zoning from the C-2, PD to C-3, PD. The current Planned Development has a plan for a two-story medical office building in the center of the site. We would like to rezone the entire parcel, including both the proposed lot split parcels (north and south parcels), to this new C-3, PD. As part of our PD stipulations, we would like the exclude the following permitted uses and mark them as non-permitted uses: Residential, Convenience Sales, Pawn Shop, Taxicab stand, Automotive and Light Equipment, Gasoline Dispensing Stations, and Transient Habitation . Our main goal is to allow for business uses on the south property mainly in the medical and/or fitness fields, and possibly retail or restaurant for the north property. Gl/1 Wiu dS�r`� .S1 A S�✓� ►1� OZt� a Le v wi� 11 arr Gt -QS SC� f S Cad 4n ✓��l�hon Wei 300. MARC architecture & design, Ilc 99 East Virginia Avenue . Suite 175 e Phoenix, AZ 85004 (P) 602 229 1 100 • (F) 602 229 1 101 PZ-6-13 This is a request by Superstition Springs Holdings, LLC, represented by Kyleigh Merritt, for a rezoning of a 2.6-acres property, located at the southeast corner of W. Apache Trail and S. Gold Drive, from C-2/PD (Local Commercial District by Planned Development) to C-3/PD (General Commercial District by Planned Development) for the purpose of developing a medical and office complex on the south 1.6 acres of the property and reserving the north 1 acre of the property for a future commercial use. W. APACHE TRAIL N I 1 W ° �; C 1�1 - i� C-3/PD °i 1178 0 G R ui t� r � CR-3/PD 989 oilAL Subject Site N Residential Zones: GR TH CR-3/PD Commercial Zones: CB-2 C-3/PD 41 wait- cc d N a B " W p L m•1 t 4 n a> t y y, • V.�y j IL ` r • 11 ^{ W -�Q•�lO. 1. �� =b ^dam �. •� .-.. W Y 4 rDui '.` 1 4r Q.W N .!I'N If Ul LL 3 „ 4two 4 lu O R'•• O f tn w &0 ` • S-- •• uD J r L•� �N t l `. Alm lm cl a a h� W 4 K4 �W.Uc LL N r cq p T _O O L W q YJ N C �1 V o c 3 o 0 c o '^ m m n a a c w _ Q o � u in J A d v a n Qf a m a u �_ 0 3 n ^ z > > E c ,�., A S S al y 3 3 3 •J .. N Y j j a vi U a f ¢ a LL w a C 0 7 £ to U) w w CO Y E Q u ffN IB a �� ly lb IB IB Ls �a a It 1b kB En (a Ia. 3 m LL a V I-T • J W y , 1,,�� _ CL 46 av o ti�- � "p Y C- L -J i IddGlAw � W low tot t ' V E a R• MEOW ' i ri�%ra►r �1 r M y 1.. L lot Its[ ODOMNDHI --- �QMNot CL Ln CL CIN S?. f � � o o co C m u y y 3 a a J J — .Ti O 3 3 y 3 T N QV a f Q a LL w a l7 f to In w w 0) n Ll. 3 ORDINANCE NO. 1252 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION. ARIZONA. AMENDING THE APACHE JUNCTION. ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION. ARIZONA. CHANGING THE ZONING DISTRICT CLASSIFICATION IN REZONING CASE PZ-10-05. A REQUEST BY RANDALL MELANCON. ON BEHALF OF EFFIDEEN AMEERALLY. FROM GR (GENERAL RURAL ZONE) AND CB-2 (GENERAL BUSINESS ZONE) TO C-2/PD (LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT) . REPEALING ANY CONFLICTING PROVISIONS: AND PROVIDING FOR SEVERABILITY. WHEREAS. on September 28, 2005. the Apache Junction Planning and Zoning Commission voted unanimously 7 to 0 to recommend approval of rezoning request PZ-10-05. and WHEREAS. the Commission's recommendation conta.ned conditions which the City Council hereby determines that the proposed rezoning subject to the conditions set forth herein, enables the use and integration of contemporary land planning principles in such a manner to promote its most appropriate uses. and further allows diversification in the relationship of various uses, structures, and spaces: and WHEREAS. the proposed rezoning conforms to all of the general criteria as specified in Section 19.0109 of the Zoning Ordinance. including compliance with the General Plan, ensuring integration with the surrounding neighborhood. adequate traffic accommodation. adequate public facilities infrastructure exists, and that the future design and uses should result in enhancement to the social , built, and natural environment in the City. SECTION I : IN GENERAL The zoning district classification on the Zoning District Map. City of Apache Junction. Arizona , for the parcel of land legally described as: The East 190,8 feet of the North 660 feet of the West 700 feet of the following described property: ORDINANCE NO. 1252 PAGE 1 OF 5 The East half of the West half of the Southwest quarter AND the East Half of the West half of the West Half of the South west quarter of Section 20, Township 1 North, Range 8 East. of the Gila and Salt River Base and Meridian, except any portion lying within US Highway 60; also known as Pinal County Assessor Parcel Number 101-16-006D. be and hereby is amended from GR (General Rural Zone) and CB-2 (General Business Zone) to C-2/PD (Local Commercial District by Planned Development) . subject to the following stipulations: 1 . Any proposed use, site plan, landscape plan and elevations for any future development on the remaining portions of the 2.9 acre property not proposed for development under building permit number BLO2005-00654 shall be subject to a Planned Development Major Amendment, pursuant to the Apache Junction City-Code, Volume II . Land Development Code, Chapter 1 , Zoning Ordinance, Article 19. Planned Development Zoning District 2. Prior to any development, the owner shall dedicate and improve, to the City Engineer's standards, any necessary rights-of-way, both internal and external to the site. Said improvements may include, but are not necessarily limited to, curbs. gutters. sidewalks. driveways, streetlights, and retention basins. The City Engineer may also require a recorded cross-access agreement between neighboring developments. 3. Except as conditioned herein, all other standard provisions of the C-2 zoning district apply to any existing or future development. including. but not limited to, main building setbacks, site coverage and building height. 4. The following are the only permitted uses for the subject parcel : A. Residential , residential uses are prohibited. ORDINANCE NO. 1252 PAGE 2 OF 5 B. Civic: permitted principal civic uses in the C-1 and C-2 zoning districts excluding specifically fire protection services. postal services , community recreational , social , or multi -purpose facility, lodge, fraternal , and civic assembly. C. Commercial : permitted principal commercial uses in the C-1 , and C-2 zoning districts : excluding specifically Pawn Shops , Taxicab stands, nursery and green house. 5 Any request for deviation from the recommended allowed uses or design standards shall require the processing of a major planned development amendment. 6. All development phases shall contain pedestrian elements including shaded walkways, delineated pedestrian walks in the parking areas and pedestrian linkages to Gold Drive and Apache Trail . Final designs shall comply with the City of the Apache Junction Design Guidelines. 7. Building elevations shall contain color tones and palettes and architectural features consistent with the City of the Apache ,Junction Design Guidelines. B. The developer shall install an eight (8) foot tall masonry wall along the eastern and southern property line of the entire three(3) acre development site (Penal County Assessor Parcel Number 101-16-006D) . 9. Upon development of the northern one hundred forty-five feet (145' ) of the subject property. the billboard encroaching thereon must be brought into compliance with applicable billboard regulations. 10. All landscape plans must be prepared by an Arizona Registered Landscape Architect ORDINANCE NO. 1252 PAGE 3 OF 5 11 . For the development proposed under building permit number BL02005-00654, Section 16.0406(3) of the Zoning Ordinance is modified to permit up to 9.000 square feet of floor area and Section 16.0409(1)(a) of the Zoning Ordinance is modified to reduce the required front yard setback from twenty feet (20' ) to fifteen feet (15' ) . SECTION II : REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III : PROVIDING FOR SEVERABILITY If any section. sub-section, sentence, phrase, clause or portion of this ordinance. or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. THIS 15TH DAY OF NOVEMBER 2005. SIGNED AND ATTESTED rO THIS 23RD DAY OF FEBRUARY M. 2006. ,,TM41t4.4, DOUGLAS C EMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO. 1252 PAGE 4 OF 5 APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1252 PAGE 5 OF 5 lc-=---------- I' t ' I I ' I .I I , i f n=� `� ' I 817E IPFO 12 O o Pwowro . n wci<wcws i _ �.ac�n rMn+icFD ...�. ..e.. l�TLBLCnY�IIYCi r`»�.•sna..o ------ -------- - - - i 11 j ---- . o s> i DEMLAND DESIGN )OH H)iND.DTFEET v ! bEOia PAC`Ot0]l_Sa-:O:T l..w . ]I�5•-0�06 r.Fr tu. ORDINANCE NO. 1396 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-6-13, A REQUEST BY SUPERSTITION SPRINGS HOLDINGS, LLC, REPRESENTED BY KYLEIGH MERRITT, FROM LOCAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT (C-2/PD) TO GENERAL COMMERCIAL DISTRICT BY PLANNED DEVELOPMENT (C- 3/PD) ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, pursuant to Ordinance No. 1252 (Case PZ-10-05) , approved on November 15, 2005, the property was rezoned for a small medical clinic and two other commercial pads, but was never developed; and WHEREAS, the conceptual Planned Development plan approved as part of Ordinance No. 1252 does not suit the current development plans and needs of the new owners and thus, a new development plan is needed; and WHEREAS, on November 26, 2013, the Apache Junction Planning and Zoning Commission voted to recommend approval of rezoning case PZ-6-13 by a vote of 4-0, for the purpose of allowing the property to be developed with a medical and office complex on the south +/-1 . 6 acres and reserving the north +/-1 acre for a future commercial development, subject to certain conditions for both the current and future development of the property; and WHEREAS, the City Council hereby determines that the proposed Planned Development Plan conforms to all of the general criteria as specified in Section 1-16-5 C-3 Local Commercial District and Section 1-19-9 General Criteria of the Planned Development Zoning District regulations of the City of Apache Junction Zoning Ordinance (except as otherwise conditioned herein) , including compliance with the General Plan, integration with the surrounding neighborhood, adequate traffic accommo- dation, adequate public facilities, extension of infrastructure, and that the design and uses should result in enhancements to the social, built, and natural environments in the City. ORDINANCE NO. 1396 PAGE 1 OF 5 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as : The East 190 . 8 feet of the North 660 feet of the West 700 feet of the following described property: The East half of the West half of the Southwest quarter and the East half of the West half of the West half of the Southwest quarter of Section 20, Township 1 North, Range 8 East, of the Gila and Salt River Base and Meridian, Pinal County, Arizona; Except any portion lying within the former US Highway 60 right- of-way (also known as Pinal County Assessor' s Parcel No. 101-16-006D) . be and hereby is amended from Local Commercial District by Planned Development (C-2/PD) to General Commercial District by Planned Development (C-3/PD) , subject to the following conditions of approval: 1) The property owners shall dedicate and improve any necessary rights-of-way on Gold Drive and Apache Trail, as required by the City Engineer and to the city' s engineering standards and guidelines, prior to or at the time of improvement plans submittal for the Phase 1 and/or Phase 2 parts of the proposed development, as described in case file PZ-6-13 and incorporated by reference herein. 2) The medical and office complex, and future commercial pad shall be developed in accordance with the submitted concept plans incorporated by reference herein, to include but not be limited to, the proposed site plan and conceptual elevations and the proposed access configuration, except as otherwise conditioned herein. 3) Future uses on the C-3/PD-zoned property shall include those uses normally allowed under the C-3 base zone, ORDINANCE NO. 1396 PAGE 2 OF 5 except for the following uses : pawn shop, tattoo and/or piercing establishment, outdoor storage business of any kind, taxi or shuttle business, convenience store, rescue mission, soup kitchen or homeless shelter, second-hand stores, used auto sales, auto or motorcycle repair shops, medical marijuana uses, other uses determined by the Zoning Administrator to be incompatible with a downtown- oriented neighborhood compatible environment . 4) The landscape plan for the entire property shall incorporate a similar plant palette to create a unifying landscape theme on both phases of the property. Said landscape improvements shall be in compliance with the city' s Landscape and Screening Requirements, including the following additional requirements : A) minimum 10-foot-wide landscape strips along the east and south boundaries of the property, wherein at least 50% of the required trees shall be 24" box trees and all of the shrubs shall be 5-gallon minimum in size; B) at least 50% of the required trees along the property' s Gold Drive and Apache Trail frontages shall be 24" box trees and all of the required shrubs shall be 5-gallon minimum in size; C) the decomposed granite within any landscape strips or islands shall be 1" minus in size and of a color which complements the building colors; D) 8-foot high masonry walls shall be required along the property' s east and south boundaries (exclusive of the front yard setback areas of the project) to further buffer the proposed commercial uses from the adjacent residential uses . 5) As part of a comprehensive sign package, the Phase 1 and Phase 2 businesses shall be allowed to advertise on multi-tenant monument signs, one each, located on the Gold Drive and Apache Trail frontages. Said monument signs shall be of the same design and size, shall complement the architecture of the buildings, and shall be subject to Planning Staff review and approval . 6) At such time that a future business proposes to locate on the Phase 2 portion of the property, said business shall ORDINANCE NO. 1396 PAGE 3 OF 5 be required to comply with all provisions of this Planned Development zoning approval, at a minimum to include the construction of on-site and off-site improvements as required by the city' s Engineers, the limited uses and unifying signage and landscape improvements. Any future building shall incorporate the architectural design guidelines of the Downtown Overlay District Transitional Zone. Requested deviations from the provisions of this ordinance shall require a separate Planned Development amendment process. 7) The property may be developed in two phases as described in case file PZ-6-13, with the necessary public improvements to be constructed with each phase, except that the crosswalk shall be constructed with the Phase 1 portion of the project. 8) A separate commercial subdivision process shall be required should the developer desire to create units for individual sale after rezoning. It is the responsibility of the developer to develop the property with the appropriate infrastructure systems to facilitate a possible future subdivision, or else improvements may need to be retrofitted later for a subdivision project, at the developer' s expense . 9) All development on the property is subject to proper permits and inspections, and compliance with all adopted City codes and ordinances. 10) The subject property shall be substantially developed within five (5) years of this Planned Development rezoning approval, or the plan may be subject to reversion by City Council legislative action pursuant to Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-19 Planned Development Zoning District. For the purpose of this Planned Development approval, substantial development shall be evidenced by the construction and completion of at least three (3) buildings in the Phase 1 area. SECTION II REPEALING ANY CONFLICTING PROVISIONS : All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ORDINANCE NO. 1396 PAGE 4 OF 5 SECTION III PROVIDING FOR SEVERABILITY: If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsti- tutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7 TH DAY OF JANUARY, 2014 . SIGNED AND ATTESTED TO THIS 14X H DAY OF JANUARY 2014 . get 4HN S . )SALLAZCO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: H2- 4 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1396 PAGE 5 OF 5 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 10. Piz File ID: 13-411 Sponsor: Brad Steinke Agenda Date: 1/7/2014 Index: In Control: City Council Meeting Council direction to staff on implementing the zoning code update project timeline. Direction to staff. [Enter Body Here] City of Apache Junction,Arizona Page 1 Printed on 611512026 Pp pC HE J y°z City of Apache Junction 1Z0NP Development Services Department To: Mayor and City Council From: Brad Steinke, Director of Development Services Date: December 11, 2013 RE: Direction to Staff for Zoning Code Update Background: As a follow-up to our December 2nd work session, the council is being asked to give direction to staff regarding the zoning code update and implementation of the project timeline. The updated zoning code is intended to be consistent with the recently adopted General Plan, and reformulate the existing code into a user friendly document that can be used and understood by both city staffers and the public. Additionally, the update will address some regulatory policy issues facing the city (e.g., home occupations, use standards, signage, landscaping and temporary uses). A copy of the draft Zoning Code, dated November 13, 1013, was previously placed in your mailboxes. The following timeline has been tentatively established for review and approval of the Zoning Code Update: Date Event Location Tuesday,January 7, 2014 City Council Direction to Staff City Council Chambers Wednesday,January 29, 2014 Open House for Property Owners City Council Chambers Wednesday, February 5, 2014 Open House for Property Owners City Council Chambers Tuesday, February 11, 2014 P&Z Work Session City Council Chambers Tuesday, February 25,2014 P&Z Public Hearing City Council Chambers Monday, March 3, 2014 City Council Work Session City Council Chambers Monday, March 17, 2014 City Council Work Session City Council Chambers Monday, March 31, 2014 City Council Work Session City Council Chambers Monday,April 14, 2014 City Council Work Session City Council Chambers Tuesday, May 6,2014 City Council Public Hearing City Council Chambers Staff Recommendation: Direction to staff to implement the proposed zoning code update project timeline. 300 E. Superstition Boulevard • Apache Junction,AZ 85119 • Ph: (480)474-5082 • Fax(480)982-7010 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard = Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No. 11. '+PizoN►' File ID: 13-425 Sponsor: George Hoffman Agenda Date: 1/7/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, January 20, 2014 is canceled due to the observation of Martin Luther King, Jr. Day. City of Apache Junction,Arizona Page 1 Printed on 611512026 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 12. �Piz oN* File ID: 13-417 Sponsor: Agenda Date: 1/7/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and a Work Session at 7:00 P.M. for Tuesday, January 21, 2014. Other meetings if necessary. City of Apache Junction,Arizona Pagel Printed on 611512026