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HomeMy WebLinkAbout2014 10.21 City Council Regular Agenda re�c � City of Apache Junction, Arizona Meeting location: City Council Chambers at City Hall Agenda 300 E.Superstition Blvd \ - g Apache Junction,AZ \RiZONr 85119 City Council Meeting apachejunctionaz.gov Ph:(480)982-8002 Tuesday,October 21,2014 7:00 PM City Council Chambers This document may not reflect the most current legislation adopted by the City of Apache Junction and is for convenience and informational use only. For further information on the official version of council meeting minutes please contact the Apache Junction City Clerk's office at (480) 982-8002. 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. 14-495 Acceptance of agenda. Consideration and action. Sponsors: Kathy Connelly 2. 14-496 Approval of minutes of regular meeting of October 7, 2014. Consideration and action. Sponsors: Kathy Connelly Attachments: ccmin 100714 October 7, 2014 3. 14-466 Consideration of approval of Resolution No. 14-38, authorizing the city to enter into Amendment#2 to the East Valley Gang and Criminal Information Fusion Center Intergovernmental Agreement to enhance law enforcement services related to the collection, evaluation, analysis and dissemination of intelligence regarding criminal street gangs and related criminal incidents. Consideration and action. Sponsors: Thomas Kelly Attachments: Resolution No 14-38 Fusion Center Amendment 2 Resolution No. 14-38 City of Apache Junction,Arizona Page 1 Printed on 611512026 City Council Meeting Agenda October 21,2014 4. 14-468 Consideration of approval of Resolution No. 14-37, authorizing the city to enter into an Intergovernmental Agreement with Arizona Department of Public Safety for participation in the Arizona Vehicle Task Force. Consideration and action. Sponsors: Thomas Kelly Attachments: DPS IGA Resolution No 14-37 DPS IGA Resolution No. 14-37 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. 5. 14-494 Presentation of a check to Mayor John S. Insalaco and Chief of Police Thomas E. Kelly by a representative of the Superstition Mountain Promotional Corporation for the purchase of uniforms for the Apache Junction Police Department's Honor Guard. Presentation. Sponsors: Roger Hacker 6. 14-508 Presentation of a check to Mayor John S. Insalaco and Chief of Police Thomas E. Kelly by a representative of the American Legion Post 27 for the purchase of uniforms for the Apache Junction Police Department's Honor Guard. Presentation. Sponsors: Roger Hacker 7. 14-501 Proclamation designating the week of October 19 through October 25, 2014 as Arizona Cities and Towns Week. Presentation. Sponsors: Matt Busby Attachments: 2014 cities and towns proclamation F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events. However, no discussion shall take place on such items except for clarifying comments related to substance, time and location. G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city. There shall however be no discussion at this time except for clarification inquiries. 8. 14-425 City manager's report. Presentation. Sponsors: Bryant Powell City of Apache Junction,Arizona Page 2 Printed on 611512026 City Council Meeting Agenda October 21,2014 9. 14-502 Presentation and discussion by Chief of Police Thomas E. Kelly on the lifesaving efforts to one of our citizens by Public Works employee Rick King and Police Officer Mike Graham. Presentation and discussion. Sponsors: Thomas Kelly 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. 10. 14-493 Application for a permanent extension of premises to the liquor license of Handlebar Pub and Grill located at 650 W. Apache Trail. The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014 handlebar pub and grill extension CC 2014 handlebar pub and grill perm ext application 2014 handlebar pub and grill applicant letter 2014 Handlebar Pub&Grill. dept memo 2014 handlebar pub and grill perm ext bldq division 2014 handlebar pub and grill perm ext planning recommendatio 2014 handlebar pub and grill permanent ext pd recommendatioi 2014 handlebar pub&grill fire recommendation 2014 handlebar pub and grill permanet ext email of issues City of Apache Junction,Arizona Page 3 Printed on 611512026 City Council Meeting Agenda October 21,2014 11. 14-504 Application for a special event liquor license for Superstition Mountain Rotary Club#1246 for November 8-9, 2014 at 567 W. Apache Trail. This is for the Festival of the Superstitions event at the Chamber of Commerce. The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014 superstition mountain rotary special event november cc 2014 superstition mountain rotar club november festival 2014 superstition mountain rotary club november festival applic, 2014 superstition mountain rotary club november festival.dept 2014 supserstition mountain rotary special event november buib 2014 superstition mountain rotary event special event novembe 2014 superstition mountain rotary special event november pd re Festival of the Superstitions 2014 12. 14-505 Application for a new license, limited liabiltiy company, series 12 liquor license for Linda's Hoosier Cafe II located at 1535 E. Old West Highway. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation of approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014 Linda's Hoosier Cafe II cc 2014 Linda's Hoosier Cafe II application 2014 Linda's Hoosier Cafe II notice 2014 Linda's Hoosier Cafe II applicant letter 2014 Linda's Hoosier Cafe.12.DEP 2014 Llinda's Hoosier Cafe II planning recommendation 2014 Linda's Hoosier Cafe II pd recommendation 2014 linda's Hoosier Cafe12.fire recommendations 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. City of Apache Junction,Arizona Page 4 Printed on 611512026 City Council Meeting Agenda October 21,2014 13. 14-498 Annual appointments and reappointments to the Construction Code Board of Appeals, Health and Human Services Commission, Industrial Development Authority, Municipal Property Corporation Board and Public Safety Personnel Retirement Board. The council interviewed applicants for these boards and commission at the October 20 work session and may choose to fill any or none of the vacancies from the pool of applicants. Consideration and action. Sponsors: Kathy Connelly Attachments: 2014 b&c appointments 2ND session.nb 14. 14-511 Presentation and discussion on quarterly update on the Downtown Redevelopment and Implementation Strategy (DRIS). The DRIS, adopted by the city council with the approval of Resolution No. 10-34, recommends specific goals and strategies geared toward fostering revitalization in the downtown. The resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan, and any suggested staff modifications thereto. Presentation and discussion. Sponsors: Bryant Powell K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters. L. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 15. 14-434 Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, November 3, 2014. Sponsors: Bryant Powell 16. 14-435 Executive Session at 5:45 P.M. for Tuesday, November 4, 2014. Other meetings if necessary. Sponsors: Bryant Powell 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. City of Apache Junction,Arizona Page 5 Printed on 611512026 City Council Meeting Agenda October 21,2014 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 6 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 1. Piz File ID: 14-495 Sponsor: Kathy Connelly Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Acceptance of agenda. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.2. Piz File ID: 14-496 Sponsor: Kathy Connelly Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Approval of minutes of regular meeting of October 7, 2014. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 CITY COUNCIL REGULAR MEETING OCTOBER 7, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 7, 2014, 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 Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Assistant City Manager Bryant Powell City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Development Services Director Larry Kirch Assistant to the City Manager Matt Busby Others Present: Deputy City Clerk Jan Mason Economic Development Specialist E' lan REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 1 OF 15 Vallender Public Information and Marketing Communications Specialist Constance Halonen-Wilson Assistant City Attorney Eric Yuva Police Telecommunications Officer Lisa Eminhizer ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco and Public Safety Director Tom Kelly presented Police Telecommunications Officer Lisa Eminhizer with her 25 Year Service Award. Public Safety Director Tom Kelly gave a brief history of her accomplishments . Vice Mayor Barker read a proclamation designating October 2014 as Domestic Violence Awareness Month. She announced there would be a candlelight vigil on Thursday at 6 : 45 p.m. at the Veterans Memorial Gazebo. Mayor Insalaco then presented the proclamation to Public Safety Director Tom Kelly who then presented it to Tanya Green, Director of Programs for the Community Alliance Against Family Abuse. She presented statistical data for the past two years . Public Safety Director Tom Kelly stated Community Alliance Against Family Abuse has been a great asset responding to calls with the police department and providing the correct information to the victims . Unfortunately, the city will be adding two names to the fatalities for the city. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron commented a few weeks ago the rotary had a lunch out at Gold Canyon where he and several staff members REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 2 OF 15 attended. The speaker was Cory Rhemsburg, who served 10 tours in Afghanistan and had suffered a traumatic brain injury. His attitude is tremendous . He is from the valley and was a guest of the president for the State of the Union message, receiving a 3 minute standing ovation from Congress . Councilmember Waldron announced he and the mayor attended a meet and greet on September 25 with the new Salvation Army board for the Apache Junction branch. They will be working to bring things to the area. Councilmember Waldron announced he attended the kickoff event for the Arizona Wall project where the Town of Gilbert had donated 7 acres of land and they are working to bring an 800 replica of the Vietnam Wall to their town hall complex. Councilmember Waldron announced he, the vice mayor and Councilmember Evans attended the 27th Annual Pinal County Town Hall last week Thursday and Friday with the topic being the economics of a healthy community. Councilmember Evans announced she attended in the past two weeks the Smythe Homeowners Neighborhood meeting and she thanked Greyhound Park for hosting it. WalMart provided the food and drinks . She heard their concerns, got a lot of good input and provided information on services available to them. Councilmember Evans announced she attended a multi-family conference with Elan Vallender regarding panels of bankers and developers discussing current trends and what we have to look forward to in size and density. Councilmember Evans announced she was over at Paws and Claws this past week applying for a new dog license and learned it has more than 91 cats and kittens . She encouraged people to come and adopt them. She also gave a brief presentation on the dog of the week and announced Paws and Claws is looking for more volunteers . Councilmember Evans announced Earth Heart Park had volunteers show up last Saturday to plant seedlings and plants from Bonnie Plants . Shady Way Garden also donated plants seedlings . From REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 3 OF 15 November through April on the first Saturday of each month they will be holding a market and artisans' bizarre. Councilmember Serdy reminded everyone of the Festival of the Superstitions in about one month from today. Vice Mayor Barker announced last Wednesday she said goodbye to the first vice mayor of Apache Junction, John Granillo. She gave a brief history of his accomplishments . Vice Mayor Barker announced she was part of a press conference this morning in Maricopa County announcing October as Domestic Violence Month as well as announcing a theme for the year called Voices for Justice . She wanted to remind everyone October is also Breast Cancer Awareness Month and Mental Health Awareness Month. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on the city providing ribbons and symbols for Domestic Violence Month, gave a photo presentation on the clean up from the storms last month, and commented on an email received from Jan Mason regarding a new business owner' s business friendly treatment and helpful assistance in getting her business started here in the city. PUBLIC HEARINGS SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB ) ) Deputy City Clerk Jan Mason briefed the council on the item. Mayor Insalaco requested the applicant address the council . Mr . Tim Sicocan, representing the Rotary Club, addressed the council . Vice Mayor Barker asked him to tell them all about it. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 4 OF 15 Mr. Tim Sicocan stated it will be a little-type rodeo with lots of little activities . There will be some bucking sheep or something like that or whatever rodeos do. Mayor Insalaco asked if the assistant city manager will be riding them. Assistant City Manager Bryant Powell stated he thought of going over there and doing that. He added it is the first ever ranch rodeo and the Superstition Promotional Corporation is hosting it. Mr. Michael Cowan stated there will be no sheep. It is a ranch rodeo. It gives the cowboys that work on the ranches a chance to use their skills for public viewing. They will have stray gathering, trailer loading, wild cow milking, calf branding and bronc riding later in the afternoon. It starts at noon. It is the first one . They are trying something different earlier in the fall before Lost Dutchman Days to give the public something else to look at. And it gives a chance for the cowboys to show off a little bit. Mayor Insalaco commented it sounds like fun. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR OCTOBER 25, 2014, SUBMITTED BY MICHAEL COWAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 5 OF 15 The motion carried. RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT WITH BLOUNT EQUIPMENT FOR REIMBURSEMENT OF ACTUAL COST OF PUBLIC INFRASTRUCTURE IMPROVEMENTS NOT TO EXCEED $51, 200 ) ) Economic Development Specialist E' lan Vallender briefed the council on the item. Councilmember Waldron asked him to explain to the public what the third party review process is . Economic Development Specialist Elan Vallender stated we hire a third party consultant to look at the terms of the development agreement. The two primary things that are required to be met are that the development would not have occurred at the same time and the same place with the absence of exemption. Applied Economics looked at that and determined that was the case . It also requires the incentives the city is offering do not exceed the economic values being brought in by the new business . That incentive would be the $51, 200 . There were some calculations done based on the transaction privilege tax that would be brought in based on the new business and the jobs and the $51, 200 should be met through the 500 over a period of 8 years . It met that requirement as well . Councilmember Waldron commented in meeting that requirement we have to have a return on the investment we put in. Economic Development Specialist Elan Vallender stated that is correct. They are looking at the $13, 500 transaction privilege tax that would be coming in annually. Fifty percent of that would go to reimburse the funds for roads and the city would also receive $6, 500 to go into the general fund. This is based on performance so if for some reason the company did not produce the said amount of taxes over the period of time, the city would not pay off past 8 years and the city would not pay more than $51, 200 . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 6 OF 15 Councilmember Evans asked if there is an anticipated start date with approval of this and completion. Economic Development Specialist E' lan Vallender stated the agreement calls for completion to be before December 31, 2015 . The project is moving some of the documents along for the anticipated start date. Mayor Insalaco requested the applicant address the council . Mr. Randy Blount addressed the council . He stated they actually have two companies, one a contracting company they are currently relocating to Apache Junction and a rental corporation they are looking at relocating as well . It is currently in Maricopa County in a county island. Mayor Insalaco commented they are glad to have him on this side . Mr. Randy Blount stated they are bringing it to Apache Junction and there are some issues in that their sales tax is increasing significantly. Currently they only pay a county sales tax, which is also lower than Pinal . In order for them to relocate, they need some help in offsetting some of these costs they are putting out up front. They feel it will be a good addition to the city and hope for this to be just a part of the many developments they hope to be a part of and grow in Apache Junction. Mayor Insalaco commented he is glad to have him here . Councilmember Wilson agreed. Mayor Insalaco opened the public hearing on the item. There being no 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 OCTOBER 7, 2014 PAGE 7 OF 15 Councilmember Waldron MOVED THAT THE RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND BLOUNT RENTAL EQUIPMENT, LLC FOR REIMBURSEMENT OF ACTUAL COST OF PUBLIC INFRASTRUCTURE IMPROVEMENTS NOT TO EXCEED $51, 200 . 00, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. DIRECTION TO STAFF ON THE . 20 SALES TAX DEDICATED TO FUND ROADWAY MAINTENANCE AND REPAIRS ) Assistant City Manager Bryant Powell briefed the council on the item. Assistant to the City Manager Matt Busby briefed the council on the roadway problem, the backlog of about $18 to $19 million of maintenance and construction needs and specifically how to fund those needs . Assistant City Manager Bryant Powell stated in terms of debt, Mr. Hoffman has done a very good job of making it clear we have paid off city hall and paid off the multi-gen. The debt this community has in its entirety is the latest expansion of the library which is about $270, 000 annually for 17 more years . In terms of capacity, the city has been very frugal in its thinking and conservative in its efforts of utilizing debt in a smart way. Councilmember Rizzi asked if the Apache Trail project is $3 million. Assistant to the City Manager Matt Busby stated that is the initial estimate. They are having designers work on the design of the project now. They will get a more firm number but they think it is in the $3 million range. Councilmember Rizzi asked if the sales tax increase is estimated to bring in $1 million per REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 8 OF 15 year. It would be three years of collecting that before we could get the Trail done. Assistant to the City Manager Matt Busby stated that is only if you use the pay as you go approach. What we would do is leverage the financing. Get the $3 million from a bank up front and then pay it down with three years of revenue . City Attorney Joel Stern stated they have seen the ordinance before although it is a little different. He will point the differences out, the critical ones . There is no ordinance number still because he has not been formally directed to make it an ordinance. If there is direction tonight, that is part of the action that would be taken. Section I deals with the code provisions under the Apache Junction City Tax Code. Unless they want to get into taxation, they could go on about that. Mayor Insalaco commented they have a long night, so no. City Attorney Joel Stern stated 8A-415, 8A-416 and 8A-417 are construction activities . There have been two full years the city was prohibited from actually taxing construction sales tax, beginning in 2012 . That has now ended so they now can do that. It has been put back in. It was not in the previous version. In addition, they will not see 8A-445 anymore . That is because the legislature decided cities and towns cannot tax rentals; they cannot add additional new taxes . That section talks about rentals, if one rents their house out or one has a rental of apartments . The individual who owns that has to collect the tax and remit it back to the city. They have been doing that but for a new tax the city cannot do that anymore so that section is gone out of this ordinance. Section II designates the purpose. It is a very important provision. This will only be for the maintenance, repair, design, construction and replacement of public rights-of ways . In designating an effective date, the effective date would be March 1, 2015 . In designating a termination date, it would be ten years so it would be March 1, 2025 . There are other deadlines . In order to get to the recommended date of December 2, 2014 for the next public hearing, the city has to do a 60 day REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 9 OF 15 notice on the internet with what could be a date where the ordinance is adopted by the council . The city has already done that so we would fall within that. We started the 60 days . There is a 14 day notice for the December 2 hearing. If council directs staff to bring this back on December 2, that notice would also be done. That one is a published notice in the paper. On December 2, 2014, the anticipated date the council acts on this, if council acts on this and it is a no vote, it ends . If it is a yes vote, he would have to count out another 30 days to January 1 for when it would be effective. However, the council is creating a new effective date . There is no emergency clause anymore. That has to be taken out as pursuant to Title 42, as of he believes 2011, they cannot have an emergency clause which takes away the 30 days . He knows he is getting confusing here . Another date he has to mention is the department of revenue. They need 60 days once this goes into effect to make changes . Additionally, the city clerk' s office has to make some other changes to some forms because we are still collecting our own sales tax. It is likely that will continue until June or July before the state starts collecting the sales tax for us . That is not official . If this is passed on December 2 they will have 10 days to let the department of revenue know it was passed. If they miss that date, miss the 10 days, this law would be void. It has to be followed. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened it to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE . 20 SALES TAX DEDICATED TO FUND ROADWAY MAINTENANCE AND REPAIRS : THAT THEY FINALLY PRESENT THE ORDINANCE AS SHOWN IN THE DRAFT DATED 10/7/14 AND BRING IT BACK TO COUNCIL ON DECEMBER 2, 2014 . Vice Mayor Barker SECONDED THE MOTION. Councilmember Serdy asked if this is just to write the wording. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 10 OF 15 Deputy City Clerk Jan Mason stated that is correct . They are not voting on the ordinance itself at this time . Councilmember Serdy commented so this is going to happen. VOTE: Unanimous . The motion carried. OLD BUSINESS None . NEW BUSINESS ANNUAL APPOINTMENTS AND REAPPOINTMENTS FOR THE BOARD OF ADJUSTMENT, LIBRARY BOARD OF TRUSTEES, PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION ) Councilmember Waldron asked if they wanted to do it by board or the whole thing. Vice Mayor Barker commented go for the whole thing. Deputy City Clerk Jan Mason stated that is at the council' s discretion. She reminded them that the board of adjustment has two different term dates . They have the one to replace Mr. Hall . Mayor Insalaco and Vice Mayor Barker commented to go for it. Mayor Insalaco commented the board of adjustment with three positions . Vice Mayor Barker commented it is four positions . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 11 OF 15 Councilmember Waldron MOVED THAT ANDREW WHITENECK BE REAPPONTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2017; AND I MOVE THAT TODD COUSINS AND JOHN BOOTH BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2017; AND I MOVE THAT WILLIE HOWARD BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2016 . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT RANDY MULLEN AND ROBERT MAYO BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2017 AND I MOVE THAT JUDY BOREY BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2016 . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT JESSE GAGE BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2017 AND I MOVE THAT MARIT RUNYON BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2017 . Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT LUCIANO BUZZIN, PETER HECK AND PAT RICHMOND BE REAPPOINTED REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 12 OF 15 TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2017 . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . (During the vote Councilmember Serdy commented he wished they were doing them one at a time . Councilmember Wilson seconded Councilmember Serdy' s statement. ) 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, OCTOBER 20, 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, OCTOBER 21, 2014, IN THE CITY COUNCIL CHAMBERS . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms . Tess Nesser, 1511 S . Cactus Road, Apache Junction, addressed the council regarding a statistic she learned years ago at a domestic violence workshop and invited everyone to listen to Pastor Bob perform at Community Christian Church on October 24 . Ms . Nancy Burgess, 116 S . Vista Road, Apache Junction, addressed the council regarding their support of the food bank and the kickoff for the Turkey Drive for Thanksgiving. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 13 OF 15 Mayor Insalaco commented he would bring her a turkey and challenged everyone that could bring her a turkey to do so. Vice Mayor Barker commented the VFW Ladies Auxiliary will be meeting next Tuesday and they are going to discuss helping out the food bank. Mayor Insalaco commented he will be talking to the auxiliary at the Legion on Friday. Councilmember Rizzi asked what the hours are . City Attorney Joel Stern advised she cannot ask any questions during this part of the meeting. It is Call to the Public only. Ms . Nancy Burgess stated the hours of distribution will be 9 a.m. on Saturday, November 22 . ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 20 p.m. Consent Agenda Items are as follows : 1 . Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of September 16, 2014 . ACCEPTED THIS 21ST DAY OF OCTOBER, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF OCTOBER, 2014 . JOHN S . INSALACO Mayor REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 14 OF 15 ATTEST: KATHLEEN CONNELLY City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 7th day of October, 2014 . I further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of October, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 15 OF 15 CITY COUNCIL REGULAR MEETING OCTOBER 7, 2014 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on October 7, 2014, 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 Waldron led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Waldron Councilmember Wilson Staff Present: Assistant City Manager Bryant Powell City Attorney Joel Stern Public Safety Director Tom Kelly Public Works Director Giao Pham Development Services Director Larry Kirch Assistant to the City Manager Matt Busby Others Present : Deputy City Clerk Jan Mason Economic Development Specialist E' lan REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 1 OF 15 Vallender Public Information and Marketing Communications Specialist Constance Halonen-Wilson Assistant City Attorney Eric Yuva Police Telecommunications Officer Lisa Eminhizer ACCEPTANCE OF CONSENT AGENDA ) ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS Mayor Insalaco and Public Safety Director Tom Kelly presented Police Telecommunications Officer Lisa Eminhizer with her 25 Year Service Award. Public Safety Director Tom Kelly gave a brief history of her accomplishments . Vice Mayor Barker read a proclamation designating October 2014 as Domestic Violence Awareness Month. She announced there would be a candlelight vigil on Thursday at 6 : 45 p.m. at the Veterans Memorial Gazebo . Mayor Insalaco then presented the proclamation to Public Safety Director Tom Kelly who then presented it to Tanya Green, Director of Programs for the Community Alliance Against Family Abuse . She presented statistical data for the past two years . Public Safety Director Tom Kelly stated Community Alliance Against Family Abuse has been a great asset responding to calls with the police department and providing the correct information to the victims . Unfortunately, the city will be adding two names to the fatalities for the city. ANNOUNCEMENT OF CURRENT EVENTS Councilmember Waldron commented a few weeks ago the rotary had a lunch out at Gold Canyon where he and several staff members REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 2 OF 15 attended. The speaker was Cory Rhemsburg, who served 10 tours in Afghanistan and had suffered a traumatic brain injury. His attitude is tremendous . He is from the valley and was a guest of the president for the State of the Union message, receiving a 3 minute standing ovation from Congress . Councilmember Waldron announced he and the mayor attended a meet and greet on September 25 with the new Salvation Army board for the Apache Junction branch. They will be working to bring things to the area. Councilmember Waldron announced he attended the kickoff event for the Arizona Wall project where the Town of Gilbert had donated 7 acres of land and they are working to bring an 800 replica of the Vietnam Wall to their town hall complex. Councilmember Waldron announced he, the vice mayor and Councilmember Evans attended the 27th Annual Pinal County Town Hall last week Thursday and Friday with the topic being the economics of a healthy community. Councilmember Evans announced she attended in the past two weeks the Smythe Homeowners Neighborhood meeting and she thanked Greyhound Park for hosting it. WalMart provided the food and drinks. She heard their concerns, got a lot of good input and provided information on services available to them. Councilmember Evans announced she attended a multi-family conference with E' lan Vallender regarding panels of bankers and developers discussing current trends and what we have to look forward to in size and density. Councilmember Evans announced she was over at Paws and Claws this past week applying for a new dog license and learned it has more than 91 cats and kittens. She encouraged people to come and adopt them. She also gave a brief presentation on the dog of the week and announced Paws and Claws is looking for more volunteers . Councilmember Evans announced Earth Heart Park had volunteers show up last Saturday to plant seedlings and plants from Bonnie Plants. Shady Way Garden also donated plants seedlings. From REGULAR. MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 3 OF' 15 November through April on the first Saturday of each month they will be holding a market and artisans' bizarre. Councilmember Serdy reminded everyone of the Festival of the Superstitions in about one month from today. Vice Mayor Barker announced last Wednesday she said goodbye to the first vice mayor of Apache Junction, John Granillo. She gave a brief history of his accomplishments , Vice Mayor Barker announced she was part of a press conference this morning in Maricopa County announcing October as Domestic Violence Month as well as announcing a theme for the year called Voices for Justice . She wanted to remind everyone October is also Breast Cancer Awareness Month and Mental Health Awareness Month. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on the city providing ribbons and symbols for Domestic Violence Month, gave a photo presentation on the clean up from the storms last month, and commented on an email received from Jan Mason regarding a new business owner' s business friendly treatment and helpful assistance in getting her business started here in the city. PUBLIC HEARINGS SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB ) ) Deputy City Clerk Jan Mason briefed the council on the item. Mayor Insalaco requested the applicant address the council. Mr. Tim Sicocan, representing the Rotary Club, addressed the council . Vice Mayor Barker asked him to tell. them all about it. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 4 OF 15 Mr. Tim Sicocan stated it will be a little-type rodeo with lots of little activities . There will be some bucking sheep or something like that or whatever rodeos do. Mayor Insalaco asked if the assistant city manager will be riding them. Assistant City Manager Bryant Powell stated he thought of going over there and doing that. He added it is the first ever ranch rodeo and the Superstition Promotional Corporation is hosting it . Mr. Michael Cowan stated there will be no sheep. It is a ranch rodeo. It gives the cowboys that work on the ranches a chance to use their skills for public viewing. They will have stray gathering, trailer loading, wild cow milking, calf branding and bronc riding later in the afternoon. It starts at noon. It is the first one. They are trying something different earlier in the fall before Lost Dutchman Days to give the public something else to look at . And it gives a chance for the cowboys to show off a little bit. Mayor Insalaco commented it sounds like fun. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Vice Mayor Barker MOVED THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR OCTOBER 25, 2014, SUBMITTED BY MICHAEL COWAN, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 5 OF 15 The motion carried. RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT WITH BLOUNT EQUIPMENT FOR REIMBURSEMENT OF ACTUAL COST OF PUBLIC INFRASTRUCTURE IMPROVEMENTS NOT TO EXCEED $51, 200 ) ) Economic Development Specialist E' lan Vallender briefed the council on the item. Councilmember Waldron asked him to explain to the public what the third party review process is. Economic Development Specialist E' lan Vallender stated we hire a third party consultant to look at the terms of the development agreement. The two primary things that are required to be met are that the development would not have occurred at the same time and the same place with the absence of exemption. Applied Economics looked at that and determined that was the case. It also requires the incentives the city is offering do not exceed the economic values being brought in by the new business. That incentive would be the $51, 200. There were some calculations done based on the transaction privilege tax that would be brought in based on the new business and the jobs and the $51, 200 should be met through the 500 over a period of 8 years. It met that requirement as well. Council.member Waldron commented in meeting that requirement we have to have a return on the investment we put in. Economic Development Specialist E' lan Vallender stated that is correct . They are looking at the $13, 500 transaction privilege tax that would be coming in annually. Fifty percent of that would go to reimburse the funds for roads and the city would also receive $6, 500 to go into the general fund. This is based on performance so if for some reason the company did not produce the said amount of taxes over the period of time, the city would not pay off past 8 years and the city would not pay more than $51, 200 . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 6 OF 15 Councilmember Evans asked if there is an anticipated start date with approval of this and completion. Economic Development Specialist E' lan Vallender stated the agreement calls for completion to be before December 31, 2015 . The project is moving some of the documents along for the anticipated start date. Mayor Insalaco requested the applicant address the council . Mr. Randy Blount addressed the council . He stated they actually have two companies, one a contracting company they are currently relocating to Apache Junction and a rental corporation they are looking at relocating as well. It is currently in Maricopa County in a county island. Mayor Insalaco commented they are glad to have him on this side . Mr. Randy Blount stated they are bringing it to Apache Junction and there are some issues in that their sales tax is increasing significantly. Currently they only pay a county sales tax, which is also lower than Pinal. In order for them to relocate, they need some help in offsetting some of these costs they are putting out up front . They feel it will be a good addition to the city and hope for this to be just a part of the many developments they hope to be a part of and grow in Apache Junction. Mayor Insalaco commented he is glad to have him here. Councilmember Wilson agreed. Mayor Insalaco opened the public hearing on the item. There being no 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 OCTOBER 7, 2014 PAGE 7 OF 15 Councilmember Waldron MOVED THAT THE RETAIL DEVELOPMENT TAX INCENTIVE AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND BLOUNT RENTAL EQUIPMENT, LLC FOR REIMBURSEMENT OF ACTUAL COST OF PUBLIC INFRASTRUCTURE IMPROVEMENTS NOT TO EXCEED $51, 200 . 00, BE APPROVED. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. DIRECTION TO STAFF ON THE . 20 SALES TAX DEDICATED TO FUND ROADWAY MAINTENANCE AND REPAIRS ) Assistant City Manager Bryant Powell briefed the council on the item. Assistant to the City Manager Matt Busby briefed the council on the roadway problem, the backlog of about $18 to $19 million of maintenance and construction needs and specifically how to fund those needs. Assistant City Manager Bryant Powell stated in terms of debt, Mr. Hoffman has done a very good job of making it clear we have paid off city hall and paid off the multi-gen. The debt this community has in its entirety is the latest expansion of the library which is about $270, 000 annually for 17 more years. In terms of capacity, the city has been very frugal in its thinking and conservative in its efforts of utilizing debt in a smart way. Councilmember Rizzi asked if the Apache Trail project is $3 million. Assistant to the City Manager Matt Busby stated that is the initial estimate. They are having designers work on the design of the project now. They will get a more firm number but they think it is in the $3 million range. Councilmember Rizzi asked if the sales tax increase is estimated to bring in $1 million per REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 8 OF 15 year. It would be three years of collecting that before we could get the Trail done. Assistant to the City Manager Matt Busby stated that is only if you use the pay as you go approach. What we would do is leverage the financing. Get the $3 million from a bank up front and then pay it down with three years of revenue . City Attorney Joel Stern stated they have seen the ordinance before although it is a little different. He will point the differences out, the critical ones . There is no ordinance number still because he has not been formally directed to make it an ordinance. If there is direction tonight, that is part of the action that would be taken. Section I deals with the code provisions under the Apache Junction City Tax Code. Unless they want to get into taxation, they could go on about that. Mayor Insalaco commented they have a long night, so no. City Attorney Joel Stern stated 8A-415, 8A-416 and 8A-417 are construction activities. There have been two full years the city was prohibited from actually taxing construction sales tax, beginning in 2012. That has now ended so they now can do that . It has been put back in. It was not in the previous version. In addition, they will not see 8A-445 anymore. That is because the legislature decided cities and towns cannot tax rentals; they cannot add additional new taxes. That section talks about rentals, if one rents their house out or one has a rental of apartments . The individual who owns that has to collect the tax and remit it back to the city. They have been doing that but for a new tax the city cannot do that anymore so that section is gone out of this ordinance. Section II designates the purpose. It is a very important provision. This will only be for the maintenance, repair, design, construction and replacement of public rights-of ways. In designating an effective date, the effective date would be March 1, 2015. In designating a termination date, it would be ten years so it would be March 1, 2025. There are other deadlines. In order to get to the recommended dale of December 2, 2014 for the next public hearing, the city has to do a 60 day REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 9 OF 15 notice on the internet with what could be a date where the ordinance is adopted by the council. The city has already done that so we would fall within. that. We started the 60 days. There is a 14 day notice for the December 2 hearing. If council directs staff to bring this back on December 2, that notice would also be done . That one is a published notice in the paper. On December 2, 2014, the anticipated date the council acts on this, if council acts on this and it is a no vote, it ends. If it is a yes vote, he would have to count out another 30 days to January 1 for when it would be effective. However, the council is creating a new effective date . There is no emergency clause anymore. That has to be taken out as pursuant to Title 42, as of he believes 2011, they cannot have an emergency clause which takes away the 30 days . He knows he is getting confusing here. Another date he has to mention is the department of revenue. They need 60 days once this goes into effect to make changes. Additionally, the city clerk' s office has to make some other changes to some forms because we are Still collecting our own sales tax. It is likely that will continue until June or July before the state starts collecting the sales tax for us . That is not official. If this is passed on December 2 they will have 10 days to let the department of revenue know it was passed. If they miss that date, miss the 10 days, this law would be void. It has to be followed. Mayor Insalaco opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened it to council discussion. There being no further discussion, he called for a motion. Councilmember Waldron MOVED THAT STAFF BE GIVEN THE FOLLOWING DIRECTION REGARDING THE . 2% SALES TAX DEDICATED TO FUND ROADWAY MAINTENANCE AND REPAIRS: THAT THEY FINALLY PRESENT THE ORDINANCE AS SHOWN IN THE DRAFT DATED 10/7/14 AND BRING IT BACK TO COUNCIL ON DECEMBER 2, 2014 . Vice Mayor Barker SECONDED THE MOTION. Councilmember Serdy asked if this is just to write the wording. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 10 OF 15 Deputy City Clerk Jan Mason stated that is correct. They are not voting on the ordinance itself at this time. Councilmember Serdy commented so this is going to happen. VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS ANNUAL APPOINTMENTS AND REAPPOINTMENTS FOR THE BOARD OF ADJUSTMENT, LIBRARY BOARD OF TRUSTEES, PARKS AND RECREATION COMMISSION AND PLANNING AND ZONING COMMISSION ) Councilmember Waldron asked if they wanted to do it by board or the whole thing. Vice Mayor Barker commented go for the whole thing. Deputy City Clerk Jan Mason stated that is at the council' s discretion. She reminded them that the board of adjustment has two different term dates . They have the one to replace Mr. Hall. Mayor Insalaco and Vice Mayor Barker commented to go for it. Mayor Insalaco commented the board of adjustment with three positions . Vice Mayor Barker commented it is four positions . REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 11 OF 15 Councilmember Waldron MOVED THAT ANDREW WHITENECK BE REAPPONTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2017 ; AND I MOVE THAT TODD COUSINS AND JOHN BOOTH BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2017 ; AND I MOVE THAT WILLIE HOWARD BE APPOINTED TO THE BOARD OF ADJUSTMENT FOR A TERM TO EXPIRE ON OCTOBER 31, 2016. Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT RANDY MULLEN AND ROBERT MAYO BE REAPPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2017 AND I MOVE THAT JUDY BOREY BE APPOINTED TO THE LIBRARY BOARD FOR A TERM TO EXPIRE OCTOBER 31, 2016 . Councilmember Wilson SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT JESSE GAGE BE REAPPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2017 AND I MOVE THAT MARIT RUNYON BE APPOINTED TO THE PARKS AND RECREATION COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2017 . Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous . The motion carried. Councilmember Waldron MOVED THAT LUCIANO BUZZIN, PETER HECK AND PAT RICHMOND BE REAPPOINTED REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 12 OF 15 TO THE PLANNING AND ZONING COMMISSION FOR A TERM TO EXPIRE OCTOBER 31, 2017 . Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . (During the vote Councilmember Serdy commented he wished they were doing them one at a time. Councilmember Wilson seconded Councilmember Serdy' s statement. ) 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, OCTOBER 20, 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, OCTOBER 21, 2014, IN THE CITY COUNCIL CHAMBERS. Councilmember Evans SECONDED THE MOTION. VOTE: Unanimous . The motion carried. CALL TO THE PUBLIC: Ms. Tess Nesser, 1511 S. Cactus Road, Apache Junction, addressed the council regarding a statistic she learned years ago at a domestic violence workshop and invited everyone to listen to Pastor Bob perform at Community Christian Church on October 24 . Ms . Nancy Burgess, 116 S . Vista Road, Apache Junction, addressed the council regarding their support of the food bank and the kickoff for the Turkey Drive for Thanksgiving. REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 13 OF 15 Mayor Insalaco commented he would bring her a turkey and challenged everyone that could bring her a turkey to do so. Vice Mayor Barker commented the VFW Ladies Auxiliary will be meeting next Tuesday and they are going to discuss helping out the food bank. Mayor Insalaco commented he will be talking to the auxiliary at the Legion on Friday. Councilmember Rizzi asked what the hours are. City Attorney Joel Stern advised she cannot ask any questions during this part of the meeting. It is Call to the Public only. Ms . Nancy Burgess stated the hours of distribution will be 9 a.m. on Saturday, November 22 . ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 8 : 20 p.m. Consent Agenda Items are as follows : 1. Acceptance of Agenda. 2 . Approval of Minutes of Regular Meeting of September 16, 2014 . ACCEPTED THIS 21ST DAY OF OCTOBER, 2014, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 21ST DAY OF OCTOBER, 2014 . HN S . I S CO ayor REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 14 OF 15 ATTEST: KATHLEEN CONNELLY + City Clerk CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 7th day of October, 2014 . 1 further certify that the meeting was duly called and held and that a quorum was present. Dated this 9th day of October, 2014 . KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL OCTOBER 7, 2014 PAGE 15 OF 15 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 3. '+'Piz File ID: 14-466 Sponsor: Thomas Kelly Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 14-38, authorizing the city to enter into Amendment#2 to the East Valley Gang and Criminal Information Fusion Center Intergovernmental Agreement to enhance law enforcement services related to the collection, evaluation, analysis and dissemination of intelligence regarding criminal street gangs and related criminal incidents. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 RESOLUTION NO. 14-38 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AMENDMENT #2 TO THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER INTERGOVERNMENTAL AGREEMENT. WHEREAS, in 2009, the East Valley Gang and Criminal Information law enforcement information sharing program (the "Fusion Center") was originally created (through an Intergovernmental Agreement ("IGA") between Mesa, Tempe, Gilbert, Chandler and Scottsdale, ("participating agencies") ) to enhance law enforcement services related to the collection, evaluation, analysis and dissemination of intelligence regarding criminal street gangs and related criminal incidents through the cooperative efforts of participating entities; and WHEREAS, since that time each participating agency dedicated a law enforcement officer or a non-sworn employee to the Fusion Center on a full-time basis for a minimum period of one year; and WHEREAS, in 2009, the City of Apache Junction Police Department was invited to join the Fusion Center and did so by providing staff resources but did not officially join in the IGA; and WHEREAS, on July 16, 2013, the City Council passed and adopted Resolution 13-29 authorizing the City to officially join the Fusion Center under the terms of the 2009 IGA and with added terms set forth in Amendment #1 to the IGA as adopted by the participating agencies; and WHEREAS, on April 30, 2014, Amendment #2 was created and adopted by the City of Mesa which added/replaced/modified the 2009 IGA and Amendment #1; and WHEREAS, on July 31, 2014, the City of Mesa drafted and adopted a third amendment to the IGA terms (mistakenly labeled as Amendment #2) which was intended to replace the original April 30, 2014 version of Amendment #2; and WHEREAS, this new amendment adds new language to Section IV, Reimbursement and Section VII Management of East Valley Gang Information and Criminal Information Fusion Center and also establishes in Section X, Fees, Expenditures and Operating Costs, RESOLUTION NO. 14-38 PAGE 1 OF 2 the amount each participating agency is to contribute toward the operating costs of the Fusion Center annually; and WHEREAS, the City of Apache Junction' s share of the cost is $10, 000 . 00 for Fiscal Year 2014/2015 and for all subsequent fiscal years; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The Council finds that it is in the best interest of the City and its residents to continue agency participation in the Fusion Center activities, including financial contribution. 2) The Council hereby approves, and the Mayor is authorized to execute, the most recent version of what has been labeled as Amendment #2 to Intergovernmental Agreement Regarding Participation in the East Valley Gang and Criminal Information Fusion Center, set forth in "Attachment A" . 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 S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 14-38 PAGE 2 of 2 ATTACHMENT A mesa-az Police Department AMENDMENT#2 TO INTERGOVERNMENTAL AGREEMENT REGARDING PARTICIPATION IN THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER RECITALS Whereas, the Members Agencies ("Parties") of the East Valley Gang and Criminal Information Fusion Center ("Fusion Center") wish to amend the Fusion Center Intergovernmental Agreement("Agreement"); and Whereas, the Parties are authorized and empowered to enter into this Amendment pursuant to A.R.S. §§ 11-951 et seq, A.R.S. §13-3872 and the respective provisions of their City Charters, Tribal Constitutions or other governing authority; NOW, THEREFORE, in consideration of mutual covenants and promises contained in this Agreement and other good and valuable consideration, the Parties agree as follows: TERMS 1. This Amendment shall be effective upon approval of the governing body or authority of the Parties in conformance with A.R.S. §11-951, et seq. and provision of an original copy of each of the authorizing documents to the Mesa Police Department ("MPD"). 2. The above recitals are incorporated by this reference. 3. All the original terms and clauses of the Agreement, and all terms and clauses set forth in Amendment #1, remain in effect except as modified herein. 4. The following language is added to Sections IV. and VI of the Agreement as follows: IV. Reimbursement Registration fees related to Fusion Center approved training will be paid for by MPD. Associated travel costs will be paid for by each individual party and adjusted for within the subsequent years annual funding. VII. Management of the East Valley Gang Information &Criminal Information Fusion Center (F) Issues related to finances, funding, or operating expenditures shall be referred to the Fusion Center Finance Committee for discussion and recommendation before being brought before the Executive Committee. Prior to bringing forth any 1 recommendations to the Executive Committee, each individual member of the Fusion Center Finance Committee shall be responsible for reviewing those recommendations with their agency's legal advisor. 5. Section V. of the Agreement, is replaced, superseded, and amended in its entirety as follows: V. Duties of MPD MPD agrees to provide officer(s) and non-sworn personnel with workspace and connectivity to the Fusion Center network and databases. MPD will also provide technical assistance to officer(s) and non-sworn personnel in establishing connectivity to the Parties respective systems and provide stand-alone computers to facilitate state and local access. MPD will provide workstation and office furniture for use of officer(s) and non-sworn personnel. MPD will maintain responsibility for maintenance of the facility and is responsible for the lease on the facility, which includes utility costs. 6. Section X. Fees shall be retitled Fees, Expenditures and Operating Costs and is replaced, superseded and amended in its entirety as follows: X. Fees, Expenditures and Operating Costs Each Party to the Agreement will provide ten thousand dollars ($10,000.00) in funding (less any travel related adjustments as referenced in Section IV. above)to the City of Mesa in exchange for MPD managing and operating the Fusion Center, including all financial transactions and fiduciary responsibilities. Payments shall begin in fiscal year 2014/2015 and for subsequent fiscal years until a different amount is agreed upon by the Parties through an amendment to this Agreement. Associate Parties to the Agreement may be assessed funding based on individual agreements between the MPD and those Associate Parties. Operating expenditures may include association memberships, cellular telephone services, computers, consumables, imaging, internet access, office supplies, photocopy services, software, subscriptions to internet based services, travel and training. Operating expenditures does not include facility related charges such as utilities or the cost of the member agency's assigned personnel working at the Fusion Center. Assets of the Fusion Center acquired through expenditures of the Parties, belong to those Parties based on a pro-rata share. MPD shall be responsible for tracking and identifying which assets were acquired solely by MPD or with funds from the Parties. In the event of dissolution of the Fusion Center, the Executive Board in consultation with the MPD will determine distribution of Fusion Center assets. 2 If the level of service changes or the costs of operating the Fusion Center increase, the Parties may renegotiate funding obligations. Increased funding for subsequent years will be determined each January following review and evaluation of operating costs associated with MPD operating the Fusion Center. Any such financial adjustments shall be set forth as an amendment to this Agreement otherwise the amounts specified above shall be paid to MPD on an annual basis. MPD will invoice the Parties for services on or about July 15t of every year. MPD agrees that funds collected by MPD from the Parties will be used exclusively for the operation of the Fusion Center, including any surplus or carry-forward funding from previous years. The Parties agree to maintain and furnish to each other records and documents pertaining to the services provided under this Agreement as may be required by Federal, State or local laws, rules, or regulations. Any of the Parties may request an independent audit related to the services provided under this Agreement with thirty (30) days written notice to MPD. If the audit indicates that fees or billable items have been charged incorrectly, the appropriate corrections or adjustments will be made. The cost of any such audit shall be the responsibility of the Party requesting the audit and the Executive Committee shall be responsible for selecting an independent auditor to perform any such audit. 7. The following Section XVIII. Public Records is added to the agreement as follows: XVIII. Public Records MPD shall preserve all records related to the services provided under this Agreement consistent with Arizona's records retention laws. Any records in possession of the Fusion Center may be subject to disclosure in response to a public records request or to a subpoena or other judicial process. In the event MPD receives a public records request for such documents or information, prior to disclosure, the MPD will notify the affected Agency(s) of the request and allow such Agency(s) five (5) business days to file in the Maricopa Superior Court any objection to disclosure of the requested records. Otherwise, the public record will be disclosed as required by law. Any Agency objecting to a public records request or filing an objection thereto shall indemnify and hold harmless the City of Mesa and its Police Department, its employees, officers, agents, or elected officials from and against any award of attorneys' fees, costs, expenses, damages and/or double damages ordered by the court against City of Mesa and its Police Department following adjudication of an adverse ruling on the objection. 3 Nothing in this paragraph shall be construed against the withholding of information or reports that are otherwise made confidential or restricted from release as required by law. 8. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Neither a signature for every party nor a signature line shall be required in each counterpart except that on a counterpart being brought forward by an agency to its legislative body or equivalent for approval, that particular counterpart shall have to be signed and executed in accordance with that jurisdiction's practice only by the particular agency seeking approval. IN WITNESS WHEREOF, the Party named below has executed this Agreement on CITY OF MESA unicipal corporation Ch istopher Brady, City Manager ATTEST: CITY p� DeeAnn Mickelsen Gp RPQ City Clerk DEN APPROVED AS TO FORM: bbi pinner City Atforney By: Jacqueline Ganier Assistant City Attorney I nn Reviewed By: Frank L. M(stead Chief of Police 4 INTERGOVERNMENTAL AGREEMENT DETERMINATION In accordance with A.R.S. §1-952, this Agreement has been reviewed by the undersigned who determined that this Agreement is in appropriate form and is within the powers and authority of the respective parties. City of Mesa By D bie inner C y Att rney By: Jacqueline Gainer Assistant City Attorney Dated: 5 RESOLUTION NO. 14-38 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AMENDMENT #2 TO THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER INTERGOVERNMENTAL AGREEMENT . WHEREAS, in 2009, the East Valley Gang and Criminal Information law enforcement information sharing program (the "Fusion Center") was originally created (through an Intergovernmental Agreement ("IGA") between Mesa, Tempe, Gilbert, Chandler and Scottsdale, ("participating agencies") ) to enhance law enforcement services related to the collection, evaluation, analysis and dissemination of intelligence regarding criminal street gangs and related criminal incidents through the cooperative efforts of participating entities; and WHEREAS, since that time each participating agency dedicated a law enforcement officer or a non-sworn employee to the Fusion Center on a full-time basis for a minimum period of one year; and WHEREAS, in 2009, the City of Apache Junction Police Department was invited to join the Fusion Center and did so by providing staff resources but did not officially join in the IGA; and WHEREAS, on July 16, 2013, the City Council passed and adopted Resolution 13-29 authorizing the City to officially join the Fusion Center under the terms of the 2009 IGA and with added terms set forth in Amendment #1 to the IGA as adopted by the participating agencies; and WHEREAS, on April 30, 2014, Amendment #2 was created and adopted by the City of Mesa which added/replaced/modified the 2009 IGA and Amendment #1; and WHEREAS, on July 31, 2014 , the City of Mesa drafted and adopted a third amendment to the IGA terms (mistakenly labeled as Amendment #2 ) which was intended to replace the original April 30, 2014 version of Amendment #2; and WHEREAS, this new amendment adds new language to Section IV, Reimbursement and Section VII Management of East Valley Gang Information and Criminal Information Fusion Center and also establishes in Section X, Fees, Expenditures and Operating Costs, RESOLUTION NO. 14-38 PAGE 1 OF 2 the amount each participating agency is to contribute toward the operating costs of the Fusion Center annually; and WHEREAS, the City of Apache Junction' s share of the cost is $10, 000. 00 for Fiscal Year 2014/2015 and for all subsequent fiscal years; and WHEREAS, pursuant to A. R. S . § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1) The Council finds that it is in the best interest of the City and its residents to continue agency participation in the Fusion Center activities, including financial contribution. 2) The Council hereby approves, and the Mayor is authorized to execute, the most recent version of what has been labeled as Amendment #2 to Intergovernmental Agreement Regarding Participation in the East Valley Gang and Criminal Information Fusion Center, set forth in "Attachment A". PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS .., /ri DAY OF 2014 . SIGNED AND ATTESTED TO THIS DAY OF �+{% :i=T�'f-, 2014 . ' JO S . INSALACO Mayor ATTEST: i KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: (73e- /0 - 16' 1 RICHARD J. STERN City Attorney RESOLUTION NO. 14-38 PAGE 2 of 2 ATTACHMENT A mesa•az Police Department AMENDMENT#2 TO INTERGOVERNMENTAL AGREEMENT REGARDING PARTICIPATION IN THE EAST VALLEY GANG AND CRIMINAL INFORMATION FUSION CENTER RECITALS Whereas, the Members Agencies ("Parties") of the East Valley Gang and Criminal Information Fusion Center ("Fusion Center") wish to amend the Fusion Center Intergovernmental Agreement("Agreement"); and Whereas, the Parties are authorized and empowered to enter into this Amendment pursuant to R.R.S. §§ 11-951 et seq, R.R.S. §13-3872 and the respective provisions of their City Charters, Tribal Constitutions or other governing authority; NOW, THEREFORE, in consideration of mutual covenants and promises contained in this Agreement and other good and valuable consideration, the Parties agree as follows: TERMS 1. This Amendment shall be effective upon approval of the governing body or authority of the Parties in conformance with R.R.S. §11-951, et seq. and provision of an original copy of each of the authorizing documents to the Mesa Police Department ("MPD"). 2. The above recitals are incorporated by this reference. 3. All the original terms and clauses of the Agreement, and all terms and clauses set forth in Amendment #1, remain in effect except as modified herein. 4. The following language is added to Sections IV. and VII of the Agreement as follows: IV. Reimbursement Registration fees related to Fusion Center approved training will be paid for by MPD. Associated travel costs will be paid for by each individual party and adjusted for within the subsequent years annual funding. VII. Management of the East Valley Gang Information &Criminal Information Fusion Center (F) Issues related to finances, funding, or operating expenditures shall be referred to the Fusion Center Finance Committee for discussion and recommendation before being brought before the Executive Committee. Prior to bringing forth any 1 recommendations to the Executive Committee, each individual member of the Fusion Center Finance Committee shall be responsible for reviewing those recommendations with their agency's legal advisor. 5. Section V. of the Agreement, is replaced, superseded, and amended in its entirety as follows: V. Duties of MPD MPD agrees to provide officer(s) and non-sworn personnel with workspace and connectivity to the Fusion Center network and databases. MPD will also provide technical assistance to officer(s) and non-sworn personnel in establishing connectivity to the Parties respective systems and provide stand-alone computers to facilitate state and local access. MPD will provide workstation and office furniture for use of officer(s) and non-sworn personnel. MPD will maintain responsibility for maintenance of the facility and is responsible for the lease on the facility, which includes utility costs. 6. Section X. Fees shall be retitled Fees, Expenditures and Operating Costs and is replaced, superseded and amended in its entirety as follows: X. Fees, Expenditures and Operating Costs Each Parry to the Agreement will provide ten thousand dollars ($10,000.00) in funding (less any travel related adjustments as referenced in Section IV. above) to the City of Mesa in exchange for MPD managing and operating the Fusion Center, including all financial transactions and fiduciary responsibilities. Payments shall begin in fiscal year 2014/2015 and for subsequent fiscal years until a different amount is agreed upon by the Parties through an amendment to this Agreement. Associate Parties to the Agreement may be assessed funding based on individual agreements between the MPD and those Associate Parties. Operating expenditures may include association memberships, cellular telephone services, computers, consumables, imaging, internet access, office supplies, photocopy services, software, subscriptions to internet based services, travel and training. Operating expenditures does not include facility related charges such as utilities or the cost of the member agency's assigned personnel working at the Fusion Center. Assets of the Fusion Center acquired through expenditures of the Parties, belong to those Parties based on a pro-rata share. MPD shall be responsible for tracking and identifying which assets were acquired solely by MPD or with funds from the Parties. In the event of dissolution of the Fusion Center, the Executive Board in consultation with the MPD will determine distribution of Fusion Center assets. 2 If the level of service changes or the costs of operating the Fusion Center increase, the Parties may renegotiate funding obligations. Increased funding for subsequent years will be determined each January following review and evaluation of operating costs associated with MPD operating the Fusion Center. Any such financial adjustments shall be set forth as an amendment to this Agreement otherwise the amounts specified above shall be paid to MPD on an annual basis. MPD will invoice the Parties for services on or about July Vt of every year. MPD agrees that funds collected by MPD from the Parties will be used exclusively for the operation of the Fusion Center, including any surplus or carry-forward funding from previous years. The Parties agree to maintain and furnish to each other records and documents pertaining to the services provided under this Agreement as may be required by Federal, State or local laws, rules, or regulations. Any of the Parties may request an independent audit related to the services provided under this Agreement with thirty (30) days written notice to MPD. If the audit indicates that fees or billable items have been charged incorrectly, the appropriate corrections or adjustments will be made, The cost of any such audit shall be the responsibility of the Party requesting the audit and the Executive Committee shall be responsible for selecting an independent auditor to perform any such audit. 7. The following Section XVIII. Public Records is added to the agreement as follows: XVIII. Public Records MPD shall preserve all records related to the services provided under this Agreement consistent with Arizona's records retention laws. Any records in possession of the Fusion Center may be subject to disclosure in response to a public records request or to a subpoena or other judicial process. In the event MPD receives a public records request for such documents or information, prior to disclosure, the MPD will notify the affected Agency(s) of the request and allow such Agency(s) five (5) business days to file in the Maricopa Superior Court any objection to disclosure of the requested records. Otherwise, the public record will be disclosed as required by law. Any Agency objecting to a public records request or filing an objection thereto shall indemnify and hold harmless the City of Mesa and its Police Department, its employees, officers, agents, or elected officials from and against any award of attorneys' fees, costs, expenses, damages and/or double damages ordered by the court against City of Mesa and its Police Department following adjudication of an adverse ruling on the objection. 3 Nothing in this paragraph shall be construed against the withholding of information or reports that are otherwise made confidential or restricted from release as required by law. 8. This Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Neither a signature for every party nor a signature line shall be required in each counterpart except that on a counterpart being brought forward by an agency to its legislative body or equivalent for approval, that particular counterpart shall have to be signed and executed in accordance with that jurisdiction's practice only by the particular agency seeking approval. IN WITNESS WHEREOF, the Party named below has executed this Agreement on CITY OF MESA unicipal corporation By: N Ch istopher Brady, City Manager <— ATTEST: D r CITY 0 DeeAnn Mickelsen pRP City Clerk G OD�N APPROVED AS TO FORM: bbi pinner City Attorney By: Jacqueline Ganier Assistant City Attorney n n Reviewed By: Frank L. M stead Chief of Police 4 INTERGOVERNMENTAL AGREEMENT DETERMINATION In accordance with A.R.S. §1-952, this Agreement has been reviewed by the undersigned who determined that this Agreement is in appropriate form and is within the powers and authority of the respective parties. City of Mesa By C�ctV% ✓ D bie inner C Att rney By: Jacqueline Gainer Assistant City Attorney Dated: 5 CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco Its: Mayor ATTEST: By: Kathleen Connelly, City Clerk INTERGOVERNMENTAL AGREEMENT DETERMINATION In accordance with A.R.S. § 1-952, this Agreement has been reviewed by the undersigned who determined that this agreement is in appropriate form and is within the powers and authority of the respective parties. City of Apache Junction By: Richard J. Stern, City Attorney Date: City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.4. '+'Piz File ID: 14-468 Sponsor: Thomas Kelly Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Consideration of approval of Resolution No. 14-37, authorizing the city to enter into an Intergovernmental Agreement with Arizona Department of Public Safety for participation in the Arizona Vehicle Task Force. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 pOLICp Apache junction Police Department °I Memorandum DATE:September 17,2014 TO:Honorable Mayor and Members1 he ity Council FROM:Thomas E.Kelly,Chief of Po SUBJECT:IGA with the Arizona Depart en f ublic Safety In April 2011 City Council approved the first Intergovernmental Agreement(IGA)with Arizona Department of Public Safety(DIPS)for the Apache Junction Police Department's(AJPD) participation in the Arizona Vehicle Theft Task Force.This task force serves to enhance law enforcement services concerning vehicle theft through cooperative efforts of participating agencies.As stated on the Arizona DPS website: The Arizona Vehicle Theft Task Force(AVTTF),also known as RATTLER(Regional Auto Theft Team Law Enforcement Response),was established in January 1997 to provide statewide expertise in the investigation of property crimes involving stolen vehicles, related components and insurance fraud.The task force is comprised of city,county, state and federal law enforcement agencies participating in a concerted effort to identify, apprehend,and prosecute individuals and criminal organizations that profit from the theft of motor vehicles and related crimes.The AVTTF also provides subject matter expertise, training and investigative support to law enforcement agencies targeting vehicle theft and related crimes. Since entering into the initial IGA with Arizona DPS,the AJPD continues to be an active member of the AVTTF,joining participating agencies from Glendale,Chandler,Yuma,Coolidge and a myriad of others.As a result of this invaluable partnership,staff recommends consideration of a second IGA allowing the AJPD to continue partnership in the AVTTF. Staff will present the above referenced IGA at the 10/06/14 City Council Work Session, anticipating this item to be placed on the consent agenda for consideration and action at the 10/21/14 City Council Meeting. RESOLUTION NO . 14 - 37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION , ARIZONA , AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR PARTICIPATION IN THE ARIZONA VEHICLE THEFT TASK FORCE . WHEREAS , the Arizona Department of Public Safety , a political subdivision of the State of Arizona ( " DPS " ) and the City of Apache Junction , an Arizona municipal corporation ( " City" ) , desire to enter into a second Intergovernmental Agreement ( " IGA" ) allowing City to participate in the Arizona Vehicle Theft Task Force ( " Task Force " ) ; and WHEREAS , the Task Force is comprised of city , county , state and federal law enforcement agencies working together to identify , apprehend , and prosecute individuals and criminal organizations who commit theft of motor vehicles and related crimes ; and WHEREAS , on April 5 , 2011 , the City Council passed Resolution No . 11 - 11 , which authorized the initial IGA allowing the City to participate in the Task Force ; and WHEREAS , City ' s continuing participation in this multi - agency Task Force will benefit the City by focusing proactive vehicle theft enforcement and deterrence efforts in the City ; and WHEREAS , the attached IGA sets forth the revised provisions which are now standardized terms in DPS IGAs ; and WHEREAS , pursuant to A . R . S . § 11 - 952 ( A ) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities . 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 Regarding Arizona Vehicle Task Force and the Police Chief is hereby authorized to sign the attached agreement set forth in Exhibit A on behalf of the City . RESOLUTION NO . 14 - 37 PAGE 1 OF 2 2 . City staff shall record such document in the Pinal County Recorder ' s office within sixty ( 60 ) days after full execution by all Parties . 3 . The Chief of Police is authorized to designate an officer to carry out the duties under and purpose of the agreement . 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 S . INSALACO Mayor ATTEST : KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM : RICHARD J . STERN City Attorney RESOLUTION NO . 14 - 37 PAGE 2 OF 2 Attachment A A. G. COWRACT W. P001 ® ® ,� r �� ' " DPS CONTRACT NO. INTERGOVERNMENTAL AGREEMENT REGARDING ARIZONA VEHICLE THEFT TASK FORCE This Intergovernmental Agreement ("IGA") is entered into between the State of Arizona, through its Department of Public Safety, hereinafter referred to as "DPS", and the City of Apache Junction Police Department, hereinafter referred to as "Agency." The purpose of this Agreement is to enhance law enforcement services concerning vehicle theft through the cooperative efforts of the parties to this Agreement. DPS is authorized and empowered to enter into this IGA pursuant to A.R. S . § 41 - 1711 B. both parties are authorized and empowered to enter into this IGA pursuant to A.R. S . § 11 -952. Now, in consideration of the mutual promises set forth herein, the parties hereby agree to the following terms and conditions : I. Participation The Agency agrees to assign one (1 ) P .O. S .T. certified sworn law enforcement officer, herein referred to as "officer", to the Arizona Vehicle Theft Task Force on a full-time basis, for such assignments within the purposes of this contract, as directed by DPS . During this assignment, DPS and the Agency agree to allow the officer to maintain all benefits, rights and privileges available to the officer as if the officer were assigned on a full-time basis to the Agency. The officer must abide by all of the applicable rules and regulations of the Agency and is subject to the Agency' s disciplinary process. In the event the officer is involved in a critical incident, as defined by DPS policy, the Agency agrees to cooperate with, and participate in, any investigation and/or critical incident review conducted by DPS for the purpose of evaluating the policies and procedures utilized by the Task Force. H. Reimbursement DPS agrees to reimburse the Agency on a quarterly basis, for 75 % of the salary of the assigned police officer and 100% of pre-authorized Task Force related overtime hours per month (depending upon funding by the Arizona Automobile Theft Authority), based on DPS weekly time accounting summary. The Agency agrees to provide to DPS the following information: the officer' s annual and hourly rate of pay, the officer' s hourly overtime rate of pay and associated ERE (employee related expenses) costs. DPS is not obligated to reimburse the Agency for salary raises or modifications to base salaries unless the Agency notifies DPS at least ninety (90) calendar days prior to the effective date of such modification. All approved travel expenses will be reimbursed directly to the officer by DPS under the employee travel reimbursement guidelines established by the Arizona Department of Administration. DPS shall assign and maintain a vehicle which will be provided in accordance with DPS vehicle policy to the Agency officer assigned to the Task Force. The maintenance and use of the DPS vehicle will be in conformance and compliance with all DPS rules and regulations. III. Availability of Funds Every payment obligation of DPS under this agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of the agreement, the agreement may be terminated by DPS at the end of the period for which funds are available. No liability shall accrue to DPS in the event this provision is exercised, and DPS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. IV. Nondiscrimination All parties agree to comply with the non-discrimination provisions of the Governor' s Executive Order 2009-09. V. Indemnification Each party (as `indemnitor') agrees to indemnify, defend, and hold harmless the other party from and against any and all claims, losses, liability, costs, or expenses, including reasonable attorney' s fees, arising out of the bodily injury of any person or property damage, but only to the extent that such claims are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, agents, or employees. VI. Drug Free Workplace Any officer assigned to the task force will be subject to random and/or for cause drug and alcohol testing in accordance with the Agency' s guidelines and the DPS Drug Free Workplace Program guidelines. Each assigned officer shall be subject to the responsibilities of and shall retain all rights as provided for in the DPS Drug Free Workplace Program Manual, DPS Form Number DPS 932-02056. DPS shall not charge any fee or cost to the Agency for any assigned officer who undergoes testing. Officer may be removed from the task force for failure to comply with the Agency' s guidelines/drug screening requirement or for his/her failure to comply with DPS program/drug screening requirements. VII. Immigration Compliance All parties agree to comply with all applicable federal immigration laws and regulations of the Governor' s Executive Order A.R. S . § § 23 -214 and 41 -4401 . VTII. 'Termination Either party may terminate this Agreement for convenience or cause with thirty (30) calendar days written notice to the other party. Upon termination, DPS shall pay the Agency all outstanding amounts up through the time at which the termination becomes effective. All property shall be returned to the owning party upon termination. Any notice required to be given under this Agreement will be provided by mail to : Page 2 of 4 June 2014 Daniel Lugo, Major Thomas E. Kelly, Chief Arizona Department of Public Safety Apache Junction Police Department P. O. Box 6638 300 E. Superstition Blvd. Phoenix, Arizona 85005 Apache Junction, AZ 85119 IX. Cancellation All parties are hereby put on notice that this contract is subject to cancellation for conflicts of interest, pursuant to A.R. S . § 38-511 . X. Recordkeeping All records regarding this Agreement, including officer' s time accounting logs, must be retained for five (5) years after completion of this Agreement, in compliance with A.R. S . § 35-214. XI. Fees Neither party may charge the other for any administrative fees for work performed pursuant to this Agreement. XII. Jurisdiction DPS gives prior consent to extend law enforcement authority of the participating Agency to the jurisdiction of DPS, pursuant to A.R. S . § 13 -3871 . The Agency agrees to permit their officer to work outside of their regular jurisdictional boundaries, as any peace officer can in the State of Arizona. XIII. Limitations This agreement does not relieve either agency of its official duties and shall not be construed as limiting or expanding the statutory responsibilities of the parties. XIV. Arbitration In the event of a dispute under this IGA, the parties agree to use arbitration to the extent required under A.R. S . § § 12- 1518 and 12- 133 . XV. Effective Date/Duration This Agreement shall become effective upon the execution of two (2) originals by the parties. This Agreement shall be for a term of one ( 1 ) year after the Agreement becomes effective, but shall automatically renew itself on July 1st of each year if DPS sends out a written notice of funding availability to the Agency within thirty (30) calendar days prior to the end of each year. All prior agreements regarding the task force are canceled as of the effective date of this agreement. Page 3 of 4 June 2014 XVTf 1170 • <ey' s Compensation Benneffits Pursuant to 23 - 1022 D, for the imposes of worker' s col-113eaasatiapn coverage, all eraxployces covered by this Agr'eenaent shall be deemed to be an employee of both agencies . The primary elniplayer shall be solely liable for payaaaent of nNoa'ken'' s coMpennsationn hen efuts . IN y371TTvTESS �7V OEFEOF, T]HTE PART.➢ ES ]L➢7ChZ1F.BY subscribe thCiT names Vb.is day of ) 2014 . State of Arizona Agency By , _ By: 0bioft �C Balhd } 511cc of Thomas R ][belly, Cbief Arizona Departnueait of prnfaflic Slhfety Apache Junction Police Department Date : Date : Approved as to ii onA- n : !`approved as to Forn -A : Assistant AtiuJr , ,y Geancral Date Date Page 4 of <S Tune 201II O�11eY cyn,F . tA PO� �RtZON� „� THOMAS C. HORNE ®� � 0 � � ®� �0"8 � ATTORNEY�� GENERAL Brian D. Schneider Assistant Attorney General ATTORNEY GENERAL CIVIL DIVISION / TRANSPORTATION SECTION Direct No. : 602-542-8863 INTERGOVERNMENTAL AGREEMENT dDETERMINATIO10 A.G. Contract No . P001 -2014-002377 (DPS 2014-141), an Agreement between public agencies, Arizona Department of Public Safety and the , City of Apache Junction Police Department, has been reviewed pursuant to A.R. S . § 11 -952, as amended, by the undersigned Assistant Attorney General, who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. DATE 2014. THOMAS C. HORNE Attorney General BRIAN IT SeRNEIDER Assistant Attorney General 1275 West Washington, Phoenix, Arizona 85007-2926 ® Phone 602-542- 1680 ® Fax 602 -542-3646 www.azag.gov RESOLUTION NO. 14-37 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA DEPARTMENT OF PUBLIC SAFETY FOR PARTICIPATION IN THE ARIZONA VEHICLE THEFT TASK FORCE. WHEREAS, the Arizona Department of Public Safety, a political subdivision of the State of Arizona ("DPS") and the City of Apache Junction, an Arizona municipal corporation ("City") , desire to enter into a second Intergovernmental Agreement ("IGA") allowing City to participate in the Arizona Vehicle Theft Task Force ("Task Force") ; and WHEREAS, the Task Force is comprised of city, county, state and federal law enforcement agencies working together to identify, apprehend, and prosecute individuals and criminal organizations who commit theft of motor vehicles and related crimes; and WHEREAS, on April 5, 2011, the City Council passed Resolution No. 11-11, which authorized the initial IGA allowing the City to participate in the Task Force; and WHEREAS, City' s continuing participation in this multi- agency Task Force will benefit the City by focusing proactive vehicle theft enforcement and deterrence efforts in the City; and WHEREAS, the attached IGA sets forth the revised provisions which are now standardized terms in DPS IGAs; and WHEREAS, pursuant to A.R. S. § 11-952 (A) , public entities may enter into intergovernmental agreements with other municipalities and governmental entities for joint or cooperative activities. 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 Regarding Arizona Vehicle Task Force and the Police Chief is hereby authorized to sign the attached agreement set forth in Exhibit A on behalf of the City. RESOLUTION NO. 14-37 PAGE 1 OF 2 2 . City staff shall record such document in the Pinal County Recorder' s office within sixty (60) days after f_u11 e-xecution by all Parties . 3 . The Chief of Police is authorized to designate an officer_ to carry out the duties under and purpose of the agreement . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE J-"lII\!CTI-Of,?, ARIZONA, THTLS ._Xir.' DAY OF '� : r,_i, 2014 . SIGNED AND ATTESTED TO THIS `" DAY OF 2014 . N S . ;NSA .AC L fMsayor AT`!'E ST KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 10 -7- ► 4 RI-CHARD J. STERN City Attorney RESOLUTION NO. 14-37 PAGE 2 OF 2 Attachment A -1141 DPS CONTRACT NO. 1;�O1 (4 INTERGOVERNMENTAL AGREEMENT REGARDING ARIZONA VEHICLE THEFT TASK FORCE This Intergovermnental Agreement ("IGA") is entered into between the State of Arizona, through its Department of Public Safety, hereinafter referred to as "DPS", and the City of Apache Junction Police Department, hereinafter referred to as "Agency." The purpose of this Agreement is to enhance law enforcement services concerning vehicle theft through the cooperative efforts of the parties to this Agreement. DPS is authorized and empowered to enter into this IGA pursuant to A.R.S. § 41-1713 B.3; both parties are authorized and empowered to enter into this IGA pursuant to A.R.S. § 11-952. Now, in consideration of the mutual promises set forth herein, the parties hereby agree to the following terms and conditions: I. Participation The Agency agrees to assign one (1) P.O.S.T. certified sworn law enforcement officer, herein referred to as "officer", to the Arizona Vehicle Theft Task Force on a full-time basis, for such assignments within the purposes of this contract, as directed by DPS. During this assignment, DPS and the Agency agree to allow the officer to maintain all benefits, rights and privileges available to the officer as if the officer were assigned on a full-time basis to the Agency. The officer must abide by all of the applicable rules and regulations of the Agency and is subject to the Agency's disciplinary process. In the event the officer is involved in a critical incident, as defined by DPS policy, the Agency agrees to cooperate with, and participate in, any investigation and/or critical incident review conducted by DPS for the purpose of evaluating the policies and procedures utilized by the Task Force. II. Reimbursement DPS agrees to reimburse the Agency on a quarterly basis, for 75% of the salary of the assigned police officer and 100% of pre-authorized Task Force related overtime hours per month (depending upon funding by the Arizona Automobile Theft Authority), based on DPS weekly time accounting summary. The Agency agrees to provide to DPS the following information: the officer's annual and hourly rate of pay, the officer's hourly overtime rate of pay and associated ERE (employee related expenses) costs. DPS is not obligated to reimburse the Agency for salary raises or modifications to base salaries unless the Agency notifies DPS at least ninety (90) calendar days prior to the effective date of such modification. All approved travel expenses will be reimbursed directly to the officer by DPS under the employee travel reimbursement guidelines established by the Arizona Department of Administration. DPS shall assign and maintain a vehicle which will be provided in accordance with DPS vehicle policy to the Agency officer assigned to the Task Force. The maintenance and use of the DPS vehicle will be in conformance and compliance with all DPS rules and regulations. III. Availability of Funds Every payment obligation of DPS under this agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation. If funds are not allocated and available for the continuance of the agreement, the agreement may be terminated by DPS at the end of the period for which funds are available. No liability shall accrue to DPS in the event this provision is exercised, and DPS shall not be obligated or liable for any future payments or for any damages as a result of termination under this paragraph. IV. Nondiscrimination All parties agree to comply with the non-discrimination provisions of the Governor's Executive Order 2009-09. V. Indemnification Each party (as `indemnitor') agrees to indemnify, defend, and hold harmless the other party from and against any and all claims, losses, liability, costs, or expenses, including reasonable attorney's fees, arising out of the bodily injury of any person or property damage, but only to the extent that such claims are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, agents, or employees. VI. Drug Free Workplace Any officer assigned to the task force will be subject to random and/or for cause drug and alcohol testing in accordance with the Agency's guidelines and the DPS Drug Free Workplace Program guidelines. Each assigned officer shall be subject to the responsibilities of and shall retain all rights as provided for in the DPS Drug Free Workplace Program Manual, DPS Form Number DPS 932-02056. DPS shall not charge any fee or cost to the Agency for any assigned officer who undergoes testing. Officer may be removed from the task force for failure to comply with the Agency's guidelines/drug screening requirement or for his/her failure to comply with DPS program/drug screening requirements. VIL Immigration Compliance All parties agree to comply with all applicable federal immigration laws and regulations of the Governor's Executive Order A.R.S. §§ 23-214 and 41-4401. VIII. Termination Either party may terminate this Agreement for convenience or cause with thirty (30) calendar days written notice to the other party. Upon termination, DPS shall pay the Agency all outstanding amounts up through the time at which the termination becomes effective. All property shall be returned to the owning party upon termination. Any notice required to be given under this Agreement will be provided by mail to: Page 2 of 4 June 2014 Daniel Lugo, Major Thomas E. Kelly, Chief Arizona Department of Public Safety Apache Junction Police Department P. O. Box 6638 300 E. Superstition Blvd. Phoenix, Arizona 85005 Apache Junction, AZ 85119 IX. Cancellation All parties are hereby put on notice that this contract is subject to cancellation for conflicts of interest, pursuant to A.R.S. § 38-511. X. Recordkeeping All records regarding this Agreement, including officer's time accounting logs, must be retained for five(5) years after completion of this Agreement, in compliance with A.R.S. § 35-214. XI. Fees Neither party may charge the other for any administrative fees for work performed pursuant to this Agreement. XII. Jurisdiction DPS gives prior consent to extend law enforcement authority of the participating Agency to the jurisdiction of DPS, pursuant to A.R.S. § 13-3871. The Agency agrees to permit their officer to work outside of their regular jurisdictional boundaries, as any peace officer can in the State of Arizona. XIII. Limitations This agreement does not relieve either agency of its official duties and shall not be construed as limiting or expanding the statutory responsibilities of the parties. XIV. Arbitration In the event of a dispute under this IGA, the parties agree to use arbitration to the extent required under A.R.S. §§ 12-1.518 and 12-133. XV. Effective Date/Duration This Agreement shall become effective upon the execution of two (2) originals by the parties. This Agreement shall be for a term of one (1) year after the Agreement becomes effective, but shall automatically renew itself on July lst of each year if DPS sends out a written notice of funding availability to the Agency within thirty (30) calendar days prior to the end of each year. All prior agreements regarding the task force are canceled as of the effective date of this agreement. Page 3 of 4 June 2014 ARM W0712 D flie, ptir- jw�cs ,-,f workcr7s conipcils'llio'n oy I)c (I ( e°wc(E k-, he all ci-nilloy-cc bc, sold),' habic (oi- payivcn cd'workei's -Itiol, c THE PARIYJII'11�; subs rib 111cir nanlc:� dli:; oC 9 MMY 13 V: i! i i C Miday, ArecIM Thomas F, ice]ly, UK' c 0 Apache J-unctif),j po, ce Mate: Dan ,.AppvovCd. ;.o Appj-(-vcci pis to -Forni: Daic loge d oN o�yev cE�, i 1 i ► a i A A i /►'IRIZONJ`d� . rian Schneider THOMAS C.HORNE OFFICLE Off- THE ATTORNEY GENERAL Assist ntADttoneyGeneral ATTORNEY GENERAL CIVIL DIVISION /TRANSPORTATION SECTION Direct No.:602-542-8863 INTERGOVERNMENTAL AGREEMENT DETERMINATION A.G. Contract No. P001-2014-002377 (DPS 2014-1.41), an Agreement between public agencies, Arizona Department of Public Safety and the, City of Apache Junction Police Department, has been reviewed pursuant to A.R.S. § 11-952, as amended, by the undersigned Assistant Attorney General, who has determined that it is in the proper form and is within the powers and authority granted to the State of Arizona. No opinion is expressed as to the authority of the remaining Parties, other than the State or its agencies, to enter into said Agreement. DATE . 2014. THOMAS C. HORNE Attorney General BRIAN 13. SC-nNEIDER Assistant Attorney General 1275 West Washington, Phoenix,Arizona 85007-2926 Phone 602-542-1680 • Fax 602-542-3646 www.azag.gov City of Apache Junction, Arizona 300 E Superstition Boulevard U z Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 5. Piz File ID: 14-494 Sponsor: Roger Hacker Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Presentation of a check to Mayor John S. Insalaco and Chief of Police Thomas E. Kelly by a representative of the Superstition Mountain Promotional Corporation for the purchase of uniforms for the Apache Junction Police Department's Honor Guard. Presentation. Currently, the Apache Junction Police Department does not have an active Honor Guard due to not having the ceremonial dress uniforms associated with that unit. The Honor Guard plays a significant role in the community as it is utilized for various ceremonies throughout the year such as fallen officer functions, annual police memorials, award ceremonies, Armed Service functions as requested and other civic events. Chief of Police Kelly has made it a priority to reinstitute and professionalize this unit for Apache Junction. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U o, Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.6. Piz File ID: 14-508 Sponsor: Roger Hacker Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Presentation of a check to Mayor John S. Insalaco and Chief of Police Thomas E. Kelly by a representative of the American Legion Post 27 for the purchase of uniforms for the Apache Junction Police Department's Honor Guard. Presentation. Currently, the Apache Junction Police Department does not have an active Honor Guard due to not having the ceremonial dress uniforms associated with that unit. The Honor Guard plays a significant role in the community as it is utilized for various ceremonies throughout the year such as fallen officer functions, annual police memorials, award ceremonies, Armed Service functions as requested and other civic events. Chief of Police Kelly has made it a priority to reinstitute and professionalize this unit for Apache Junction. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition > Apache Junction,Boulevard 85119 _� Agenda Item Cover Sheet p ` Agenda Item No. 7. �Piz oN* File ID: 14-501 Sponsor: Matt Busby Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Proclamation designating the week of October 19 through October 25, 2014 as Arizona Cities and Towns Week. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 Prorla atton CITIES AND TOWNS WEEK 2014 OCTOBER 19 THROUGH OCTOBER 25,2014 WHEREAS, the citizens of Apache Junction rely on the city of Apache Junction to experience a high quality of life in our community; and WHEREAS, cities and towns in Arizona work 24 hours a day, seven days a week to deliver vital city services such as fire, police and emergency medical response to ensure safe communities; and WHEREAS, cities and towns in Arizona also provide services and programs that enhance the quality of life for residents such as parks, utilities, street maintenance, sanitation and recycling services, libraries, community centers and recreational programs; and WHEREAS, it is important for the city of Apache Junction to continue to provide the excellent delivery of services and programs that our citizens have come to expect in our community; and WHEREAS, it is one of the responsibilities of the city of Apache Junction officials to ensure open and accessible government through frequent communication with citizens using various avenues and means; and WHEREAS, through participation and cooperation; citizens, community leaders,local businesses and municipal staff can work together to ensure that services provided by the city of Apache Junction can remain exceptional elements of the quality of life of our community. NOW,THEREFORE,I,John Insalaco,by virtue of the authority vested in me as Mayor of the City of Apache Junction,Arizona,do hereby proclaim the week of October 19-25,2014 to be ARIZONA CITIES AND TOWNS WEEK in Apache Junction, and ask our citizens to recognize the Arizona Cities and Towns. IN WITNESS WHEREOF,I have hereunto set my hand and caused the Seal of Apache Junction to be affixed the �L-7-W day of 2014. �- ox, OHN INSALACO --"Mayor ATTEST: KATHLEEN CONNELLY City Clerk City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.8. Piz File ID: 14-425 Sponsor: Bryant Powell Agenda Date: 10/21/2014 Index: In Control: City Council Meeting City manager's report. Presentation. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No.9. '+'Piz File ID: 14-502 Sponsor: Thomas Kelly Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Presentation and discussion by Chief of Police Thomas E. Kelly on the lifesaving efforts to one of our citizens by Public Works employee Rick King and Police Officer Mike Graham. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 10. Piz File ID: 14-493 Sponsor: Kathy Connelly Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Application for a permanent extension of premises to the liquor license of Handlebar Pub and Grill located at 650 W. Apache Trail. The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 OCTOBER 5, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR OCTOBER 21, 2014: APPLICATION FOR A PERMANENT EXTENSION OF PREMISES FOR HANDLEBAR PUB AND GRILL An application for a permanent extension of premises has been submitted by Ms. Patricia Candace Plzak for the liquor license of Handlebar Pub and Grill located at 650 W. Apache Trail, Apache Junction. Correspondence has been received from the police department, planning department and the fire district, a copy of which is attached. Please note the conditions contained within the recommendations of the police department, planning department and building division. A follow up email was sent to the applicant to advise them of these conditions. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL 800 W Washington 5th Floor Phoenix AZ 85007 2934 Date payment received www.azliquor.gov (602)542-5141 CSR Initials APPLICATION FOR EXTENSION OF PREMISESIPATIO PERMIT THIS APPLICATION MUST BE RETURNED TO THE DEPARTMENT OF LIQUOR JIM Permanent change of area of service. A non-refundable$60 The will apply. Specific purpose for change: Temporary change for dates)of / / through / / List specific purpose for change: 1. Licensee's Name: do� �Gln�l Last First Middle 2. Mailing Address: 3 ip5 j - G'i1_PZDLWJ1 Tt-41 t42db iLf A state �sa 3 ��11'' I city f 3. Business Name:(Z� � �tSzS 1- . Yil lc6C4 �iI h In Ift It LICENSE* 0 7 1 (� QOn 4. Business Address: �e�ifl IL)," A�1 Ltts'1 P. f Yn l( hD OtC,l v n cfi& jai Ll AL_ % 5 Z Z Lo C COUNTY State Zip 5. Business Phone: � �r A-a 0 011 Residence Phone:i� (a �r� �3 c'i to 6. Do you understand Arizona Liquor Laws and Regulations? ®YES❑NO Email: pQ�tA1L6) l SJ�- tiAf- 7_ Have you received approved Liquor Law Training? NO�YES If so,when does your Certificate expire? i)(D /,)-0/ /( 8. What security precautions will betaken to prevent liquor violations in the extended area? -� nP G�. (�t'�tyyprt� Setif e r4 9. Does this extension bring your premises within 300 feet of a church or school? YES 0 NO 10. IMPORTANT: ATTACH THE REVISED FLOOR PLAN CLEARLY DEPICTING YOUR LICENSED PREMISES AND WHAT YOU PROPOSE TO ADD. ❑Barrier Exemption: an exception to the requirement of barriers surrounding a patio/outdoor serving area may be requested_ Barrier exemptions are granted based on public safety, pedestrian traffic,and other factors unique to a licensed premises. List specific reasons for exemption: Investigation Recommendation❑Approval ❑Disapproval by: Date: F'Aftermpleting sections 1-10,please take this application to your local Board of Supervisors City Council or or their recommendation. This recommendation is not binding on the Department of Liquor. in premises is RECOMMENDED by the local Board of Supervisors, City Council or Designate: (Authorized Signature) (Title) (Agency) being first duly swom upon oath, hereby depose, swear and declare, (Print full name) under penalty of perjury, that I am the APPLICANT making the foregoing application. I have read this application a the contents a all statements are true, correct and complete. State of I�(?D)_� . County of SUBSCRIBED IN MY PRESENCE AND SWORN TO before me/this date (Signature of Owner or Agent) NE S Nolary Public-Ariqi.y commission expires on: Marlcopa Countma My Comm. xpires ove of NOTARY PUBLIC) vestigation Recommendation❑Approval ❑ Disapproval by:�- Date: rector Signature required for Disapprovals Date: /,!__ ,�,�rnv�ou►Fua ���l�1�'J� ' 3ek C? sr -fe J< k x xGk PQ p,QH,e ° ��01 6P~h�opr U Home of the Superstition Mountains gRlZONP September 16, 2014 Patricia C. Plzak Plzak Enterprises Handlebar Pub & Grill 650 W. Apache Trail Apache Junction, AZ 85220 Dear Ms. Plzak.- Re- Application for Permanent Extension of Premises Please be advised that your application for an extension of premises/permit for a game area outside-bocce ball small court for Handlebar Pub & Grill has been scheduled for a public hearing. The public hearing will be at the Apache Junction City Council regular meeting on October 21, 2014, at 7.-00 p.m., at the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time a recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. It is strongly recommended that you attend this meeting in the event that council has some questions on this application. If you have any questions concerning this matter, please contact my office at 982-8002. Sincerely, /,7 i Kathleen Connelly City Clerk . • Voice (480) 982-8002 • FAX (480) 982-7018 • TDD (480) 983-0095 • www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 SEPTEMBER 16, 2014 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION BUILDING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH: JAN MASON, DEPUTY CITY CLERK FROM: SUZANNE HENINGER, SENIOR CLERK SUBJECT: APPLICATION FOR EXTENSION OF PREMISES FOR HANDLEBAR PUB & GRILL Ms. Patricia C. Plzak has submitted an application for a permanent extension of premises for Handlebar Pub & Grill located at 650 W. Apache Trail, Apache Junction, Arizona. Please conduct the necessary inspections and submit your recommendation by Tuesday, October 7, 2014, in order for this to be heard at the city council meeting of October 21, 2014. Suzanne Heninger From: Dennis Dixon Sent: Thursday, September 18, 2014 12:23 PM To: Suzanne Heninger Subject: RE: Message from KMBT_C652DS Two exits are required with 3' gates. Signs that read " gate to remain unlocked during business hours" 2 exit signs From: Suzanne Heninger Sent: Wednesday, September 17, 2014 8:20 AM To: Dennis Dixon; Rudy Esquivias; 'john.suniga@ajfire.org'; Jeff Robinson Subject: FW: Message from KMBT_C652DS Please see attached application for permanent extension of premises for Handlebar Pub&Grill located at 650 W. Apache Trail, Apache Junction. They would like to add a bocce ball court outside. I need to have your recommendations tome by Tuesday, October 7, 2014. Thank you. i Suzanne Heninger From: Rudy Esquivias Sent: Wednesday, September 24, 2014 3:54 PM To: Suzanne Heninger Subject: RE: Message from KMBT_C652DS Suzanne: The Planning Division has no objections to this request, as long as additional structures are not being constructed as part of this proposal. The property is properly zoned for a bar/restaurant use. Thanks. c)?Ya &?uivia.6 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 res vias@ajcit .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, September 17, 2014 8:20 AM To: Dennis Dixon; Rudy Esquivias; John.suniga@ajfire.org'; Jeff Robinson Subject: FW: Message from KMBT_C652DS Please see attached application for permanent extension of premises for Handlebar Pub& Grill located at 650 W. Apache Trail, Apache Junction. They would like to add a bocce ball court outside. I need to have your recommendations to me by Tuesday, October 7, 2014. Thank you. i Suzanne Heninger From: Jeff Robinson Sent: Wednesday, September 17, 2014 2:18 PM To: Suzanne Heninger Cc: Thomas Kelly; Troy Mullender Subject: RE: Message from KMBT_C652DS I met with owner, Patricia Plzak, at the Handlebar Pub and Grill located at 650 West Apache Trail and found the property to be acceptable for the extension of premises. I did suggest that wooden slats be added to the south facing fence to prevent the balls being used as part of the game from entering the roadway. The owner agreed and additional fencing will be installed prior to the construction of the court.At this time the Apache Junction Police Department has no objections to the extension of premises request. From: Suzanne Heninger Sent: Wednesday, September 17, 2014 8:20 AM To: Dennis Dixon; Rudy Esquivias; 'john.suniga@ajfire.org'; Jeff Robinson Subject: FW: Message from KMBT_C652DS Please see attached application for permanent extension of premises for Handlebar Pub & Grill located at 650 W. Apache Trail, Apache Junction. They would like to add a bocce ball court outside. I need to have your recommendations to me by Tuesday, October 7, 2014. Thank you. 1 Superstition Fire & Medical DistrictJV 565 North Idaho Road, Apache Junction, AZ 85119 Phone (480) 982-4440, Fax(480) 982-0183 www.ajfire.org MEMORANDUM TO: Jan Mason,Deputy City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Jct.,AZ. 85219 FROM: John Suniga,Deputy Fire Marshalr�� DATE: September 22,2014 SUBJECT: Application for Premises Extension for 650 W.Apache Trail,Apache Jct.,AZ The Superstition Fire/Medical District has reviewed the application as noted above regarding the facilitieat 650 W. Apache Trail, (Handlebar Pub and Grill). We have recently completed an annual fire and life safety inspection with no major violations found. We therefore would recommend approval of this application. Thank you for your notification on this matter. If you have any further questions regarding this inspection, please feel free to contact my office at 982-1299. Thank You. JOS ATTN: Application Janet Mason From: Janet Mason Sent: Monday, October 06, 2014 9:51 AM To: 'pplzak@cox.net' Subject: permanent extension issues Candace: While I know you were advised of some of the issues brought up during department inspections, I'm not sure you were advised of all of them. I wanted you to be prepared to answer any question the council may have regarding them. Police department: Wooden slats be added to the south facing fence to prevent the balls being used as part of the game from entering the roadway. Planning department: No additional structures to be constructed as part of this proposal. Building division: Two exits are required with 3' gates Signs that read"gate to remain unlocked during business hours" Two exit signs 1 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 11. Piz File ID: 14-504 Sponsor: Kathy Connelly Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Application for a special event liquor license for Superstition Mountain Rotary Club#1246 for November 8-9, 2014 at 567 W. Apache Trail. This is for the Festival of the Superstitions event at the Chamber of Commerce. The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 OCTOBER 8, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: KATHY CONNELLY, CITY CLERK THROUGH: JAN MASON, DEPUTY CITY CLERK FROM: SUZANNE HENINGER, SENIOR CLERK SUBJECT: AGENDA ITEM FOR OCTOBER 21, 2014: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB An application for a special event liquor license has been submitted by Mr. Leonard LaFlesch of Superstition Mountain Rotary Club for the Festival of the Superstitions special event on November 8-9, 2014 at 567 W. Apache Trail, Apache Junction, Arizona. Correspondence has been received from the planning division, building division and police department, a copy of which is attached. The fire district is still pending and will be forwarded upon its receipt. The next step in the procedure is for the city council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. Arizona Department of Liquor Licenses and Control 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor.gov (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) A service fee of $25.00 will be charged for all dishonored checks (A.P.S. §44-6852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or if the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control(see Section 15). SECTION 1 Name of Organization: Superstition Mountain Rotary Club#1246 SECTION 2 Non-Profit/IRS Tax Exempt Number: 86-6038193 SECTION 3 The organization is a: (check one box only) El Charitable (501.C) El Fraternal (must have regular membership and have been inexistence for over five (5) years) ❑Religious @Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? ❑Yes 8 No Name of Business License Number Phone(include Area Code) SECTION 5 How is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19-318 for explanation (look in special event planning guide) and check one of the following boxes. ❑Place license in non-use El Dispense and serve all spirituous liquors under retailer's license @Dispense and serve all spirituous liquors under special event ❑Split premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event. If the special event is only using a portion of premise, agent/owner will need to suspend that portion of the premise.) SECTION 6 What is the purpose of this event? @On-site consumption ❑Off-site (auction) ❑Both SECTION 7 Location of the Event: 567 W. Apache Trail Apache Junction, AZ Address of Location: 567 W.Apache Trail Apache Junction AZ 85220 Street City County/State Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? ❑Yes @No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer, Director or Chairperson of the Organization named in Section 1. (Authorizing signature is required in Section 13.) 1. Applicant: LaFlesch Leonard Lee 5-25-1941 Last First Middle Date of Birth 2.Applicant's mailing address: 3069 S. Amble Pass Gold Canyon AZ 85118 Street City State Zip 3.Applicant's home/cell phone: (650) 400-7700 Applicant's business phone: (650) 400-7700 4.Applicant's email address: lenlaflesch@gmail.com 8/5/14 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 10 1. Has the applicant been convicted of a felony, or had a liquor license revoked within the last five (5) years? []Yes @No (if yes,attach explanation.) 2. How many special event licenses have been issued to this location this year? 0 (The number cannot exceed 12 events per year;exceptions under A.R.S.§4-203.02(D).) 3. Is the organization using the services of a promoter or other person to manage the event? ❑Yes @No (If yes,attach a copy of the agreement.) 4. List all people and organizations who will receive the proceeds. Account for 10077o of the proceeds. The organization applying must receive 25`7o of the gross revenues of the special event liquor sales. Attach an additional page if necessary. Name Superstition Mountain Rotary Club Percentage 33 Address P.O. Box 565 Apache Junction, AZ 85117 Street City State Zip Name Apache Junction Chamber of Commerce Percentage 67 Address 567 W. Apache Trail Apache Junction, AZ 85220 Street City State Zip 5. Please read A.R.S. §4-203.02 Special event license;rules and R19-1-205 Requirements for a Special Event License. Note:ALL ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE /CRAFT DISTILLERY FESTIVAL LICENSE" 6.What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/security personnel and type of fencing or control barriers,if applicable.) On Call Number of Police 10 Number of Security Personnel Wencing El Barriers Explanation: Trained Apache Junction Rangers provide security at all gates and beer stands. Potential underage drinkers are required to verify age with a picture ID. Beverages are not allowed to be brought in or be allowed to be removed from the area. Apache Junction police will be notified if required. SECTION 11 Date(s) and Hours of Event. May not exceed 10 consecutive days. See A.R.S.§4-244(15) and (17) for legal hours of service. Date Day of Week Event Start License End Time AM/PM Time AM/PM DAY 1: November 8 Saturday 9:00 AM 7:00 PM DAY 2: November 9 Sunday 10:00 AM 3:00 PM DAY 3: DAY 4: DAY 5: DAY 6: DAY 7: DAY 8: DAY 9: DAY 10: 8/5/14 Page 2 of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 12 License premises diagram.The licensed premises for your special event is the area in which you are authorized to sell, dispense or serve alcoholic beverages under the provisions of your license. The following space is to be used to prepare a diagram of your special event licensed premises. Please show dimensions, serving areas, fencing, barricades, or other control measures and security position. NT APACHE TRAIL ;� LA COMMERCIAL LUCKY 4} h x CASITA J #F DQfR�I YP1�t5 } r 5Fc r{ BUILDING BOB'S RAD TRUCK 2 w STAGE Mit._ DOyR _ ENGINE AND AJ CHAMBEROF TRACTOR = COMMERCE TENT TENT SHOW C7 A ART A fig SUNW M ENTRANCE w a. ~ CAR BEER SHOW GARDEN ` a r L•, rrrav O �SAT. : r' . n i `' WELLS w FARGO ���'''jjj� �,r 7. -.+� at .c-zamr.<:.Yf� +.ai.. .a� z r,� `y '7• .�� �, BANK Ly O a is VENDOR DESERT PARKING r $ SPRINGS ` CHURCH 0/3/1 a Page J of 4 Individuals requiring ADA accommodations call (602)542-9027. SECTION 13 This section is to be completed only by an Officer, Director or Chairperson of the organization named in Section 1. Leonard Lee LaFlesch declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print full name) appointing the applicant listed in Section 9, to apply on behalf of the foregoing organization for a Special Event Liquor License. x ��J' - Past President October 2, 2014 650-400-7700 nature) Title/Position Date Phone# `Tfioing instrument was acknowledged before me this �2 c n/ } � State t �` County of i C u�c b Day Month Year - ko�My Commission Expires on. 10 l� � l Date Signature of Notary Publi SECTION 14 This section is to be completed only by the applicant named in Section 9. Leonard Lee LaFlesch declare that I am the APPLICANT filing this application as (Print full name) listed in ction 9.t1ve rea t e application and the contents and all statements are true, correct and com e I/ st President October 2, 2014 650-400-7700 x- (s( nature) Title/Position Date Phone # I Ihefafegoing instrument wa acTnowleciged before me this - �I-)e C �11 L1 11 Day MQWnt Y-Oar State, �, ( - County of " " KAREN PARTRIDGE Notary Public -Arizona Maricopa County C �J `My Comm. Expires Sep 30, 20 6 My Commission Expires on: _ C. Date Signature of The local governing body may require additional applications to be completed and submitted. Please check with local government as to how far in advance they require these applications to be submitted. Additional licensing fees may also be required before approval may be granted. For more information, please contact your local jurisdiction: httr)://www.azliguor.gov/assets/documents/iiomepage docs/spec event links.pdf. SECTION 15 Local Governing Body Approval Section I, recommend ❑APPROVAL ❑ DISAPPROVAL (government official) (Title) on behalf of (City,Town,County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY: DATE: 8/5/14 Page 4 of 4 Individuals requiring ADA accommodations call (602)542-9027. PQpCHFv Home of the Superstition Mountains '4Rizo October 2, 2014 Superstition Mountain Rotary Club #1246 Attn: Leonard LaFlesch 3069 S. Amble Pass Gold Canyon, AZ 85118 Dear Mr. LaFlesch: Please be advised that your application for a Special Event Liquor License for Superstition Mountain Rotary Club #1246 for November 8-9, 2014 for the Festival of the Superstitions at 567 W. Apache Trail has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on October 21, 2014, at 7:00 p.m. in the City Council Chambers, 300 E. Superstition Blvd., Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control. Your attendance is requested should council have any questions on this application. If you have any questions concerning this matter, please contact my office at (480) 982-8002. Sincerely, Kathleen Connelly City Clerk •Voice(480) 982-8002 •FAX(480)982-7018 •TDD(480) 983-0095 •www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 OCTOBER 2, 2014 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT BUILDING DIVISION THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR SUPERSTITION MOUNTAIN ROTARY CLUB #1246 FOR NOVEMBER Mr. Leonard LaFlesch has submitted an application for a Special Event Liquor License for November 8-9, 2014 for the Festival of the Superstitions at 567 W. Apache Trail, Apache Junction. Please conduct the necessary inspections and submit your recommendation be email by noon on Wednesday, October 8, in order for this item to be placed on the agenda for the City Council meeting of October 21, 2014. Janet Mason From: Dennis Dixon Sent: Monday, October 06, 2014 7:15 AM To: Janet Mason Subject: RE:Application for a special event liquor license for Superstition Mountain Rotary Club for November 8-9 No objection From: Janet Mason Sent: Thursday, October 02, 2014 2:58 PM To: Dennis Dixon; Rudy Esquivias; Jeff Robinson; John Suniga Oohn.suniga@sfmd.az.gov) Cc: Bryant Powell Subject: Application for a special event liquor license for Superstition Mountain Rotary Club for November 8-9 1 have received a special event liquor license from Superstition Mountain Rotary Club#1246 for the Festival of the Superstitions to be held November 8-9. (This was originally applied for by the Chamber of Commerce but they have withdrawn their application.) Please have your department recommendation to me no later than noon on Wednesday, October 8,in order for this item to be on the October 21 agenda. Thanks. i Janet Mason From: Rudy Esquivias Sent: Wednesday, October 08, 20141:50 PM To: Janet Mason Subject: FW:special event liquor license application - Superstition Mtn. Rotary November 8-9 Jan: The Planning Division offers the same comments to this applicant as we did to the previous applicant below. Thanks. Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays.) From: Rudy Esquivias Sent: Thursday, October 02, 2014 5:28 PM To: Janet Mason Subject: RE: special event liquor license application -Chamber of Commerce November 8-9 Jan: Planning Division has no objections to this request as it is described in their application and accompanying diagram. As mentioned at the meeting,we suggest the event organizers have valet or security people direct traffic in and out of the event area, to make sure parking is being adequately and efficiently accommodated on the event days. They should contact neighboring business owners well ahead of time and allow their customers access to those businesses. Pay careful attention to security details especially around the beer garden area. Please let me know if you have any questions. Thanks. 0%idjf.15?uivica Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) 1 Janet Mason From: Jeff Robinson Sent: Tuesday, October 07, 2014 2:50 PM To: Janet Mason Subject: RE: Special Event Liquor License for Boys and Girls Club I did that one, But we have no objections to the request as it is a yearly event and has adequate security concerning the beer garden. From: Janet Mason Sent: Tuesday, October 07, 2014 2:38 PM To: Jeff Robinson Subject: RE: Special Event Liquor License for Boys and Girls Club Forgot one other. Superstition Mountain Rotary Club at 567 W.Apache Trail for the Festival of the Superstitions on 11/8-9. Need that one today, too. Superstition Fire & Medical District 565 North Idaho Road, Apache Junction, AZ 85119 Phone (480) 982-4440, Fax(480) 982-0183 www.ajfire.org MEMORANDUM TO: Janet Mason,Deputy City Clerk City of Apache Junction 300 E. Superstition Blvd. Apache Junction,AZ 85119 FROM: John Suniga,Deputy Fire Marshal DATE: September 30,2014 SUBJECT: Special Event Liquor License for Festival of the Superstitions The Superstition Fire/Medical District has reviewed the submitted documentation for 567 W. Apache Trail as related to event to be held on November 8-9, 2014. We would recommend approval of this application based, as always, on good practices for the general safety of all patrons and employees. Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event. Thank you for your notification on this matter. Jos ATTN: Application City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 12. Piz File ID: 14-505 Sponsor: Kathy Connelly Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Application for a new license, limited liabiltiy company, series 12 liquor license for Linda's Hoosier Cafe II located at 1535 E. Old West Highway. The next step in the procedure is for the council to hold a public hearing on the application and make a recommendation of 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 OCTOBER 8, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR OCTOBER 21, 2014: APPLICATION FOR A LIQUOR LICENSE FOR LINDA'S HOOSIER CAFE II An application for a New License, Limited Liability Co., Series 12 Liquor License has been submitted by Ms. Erlinda Jehl for Linda's Hoosier Cafe II (formerly Skies Kitchen) located at 1535 E. Old West Highway in Apache Junction. Correspondence has been received from the planning department, police department and the fire district, a copy of which is attached. The recommendation from the building division is pending and will be forwarded upon receipt. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control. Arizona Department of Liquor Licenses and Control 80.0 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,or Managers actively involved in the day to day operations of the business must attend a Department approved liquor law training course orprovide proof of attendance within the last five years. See page 5 off the Liquor Licensing requirements. SECTION 1 This application is for a: pp SECTION 2: Type of ownership: n. ❑ MORE THAN ONE LICENSE Ji ❑ INTERIM PERMIT Complete Section 5 ❑J.T.W.R.O.S. Complete Section 6 .'NEW LICENSE Complete Sections 2, 3,4, 13, 14, 15 16_ ❑ INDIVIDUAL Complete Section 6 ❑ PERSON TRANSFER(Bars&Liquor Stores ONLY)_ El PARTNERSHIP Complete Section 6 Complete Sections 2,3,4, 11, 13, 15,16` ❑ CORPORATION Complete Section 7 ; ❑ LOCATION TRANSFER(Bars and Liquor Stores ONLY) LIMITED LIABILITY CO. Complete Section 7 Complete Sections 2,3,4, 12, 13, 15, 16 ❑ CLUB Complete Section 8 r;} ❑ PROBATEANILLASSIGNMENT[DIVORCE.DECREE ❑ GOVERNMENT Complete Section 10 Complete Sections 2;3,4,9, 13,_1,6 fee.not required) ❑TRUST Complete Section 6 ❑ GOVERNMENTCornplete'Sections 2,`.3,4, 19,13, 15, 16 ❑OTHER(Explain) SECTION 3 Type of license and fees LICENSE#(s): 3-!a I 1. Type of License(s): ` OrD Department Use Only 2. Total fees attached: v APPLICATION FEE AND INTERIM PERMIT FEES (IF APPLICABLE) ARE NOT REFUNDABLE. The fees allowed under A.R.S.44-6852 will be charged for all dishonored checks. SECTION 4 Applicant Mr. s� I t Yi L1 1. Owner/Agent's Name: Ms. (Insert one name ONLY to appear on license) Last First Middle 2. Corp./Partnership/L.L.C.: l Q_­� (Exactly as it appears on Articles of Inc.or Articles of Org.) I i v 3. Business Name: ijai,I S 1 tJ�( cic" i T (Exactly as it appears on the extE Vor of premises) A^G4. Principal Street Location1S35E , © ICL )Q,5t �fo,�Tuhe_� yy\_ . �1 19 (Do not use PO Box Number) City CountyT I zip r 5. Business Phone:4�5D_ggQ_ IA31 Daytime Phone: 4%D—D5" �a Email: Li'YAaC..�}`� ) JR!2MCOX_aA 6. Is the business located within the into porat d limits of th abov c' r towLn?n-1�YES ONO 7. Mailing Address: I Soq w' S '7k4 �X I t'1z' City State Zip 8. Price paid for license only bar, beer and wine, or liquor store: Type $ Type $ DEPARTMENT USE ONLY � f7� Fees: �G2 O 60_ 0 Application Interim Permit Site Inspection Finger Prints $ TOTAL OF ALL FEES Is Arizo tatement of Citizenship &Alien Status For State Benefits complete? X'YES ElNO AcceptedCb Date: I Lic. # � -1 �a'1�tAccepted Date 117/2013 `Disabled individuals requiring special accommodation, please call (602)542-9027. 1 SECTION 5 Interim Permit: 1. If you intend to operate business when your application is pending you will need an Interim Permit pursuant to A.R.S. 4-203.01. 2. There MUST be a valid license of the same type you are applying for currently issued to the location. 3. Enter the license number currently at the location. 4. Is the license currently in use?❑YES ❑ NO If no, how long has it been out of use? ATTACH THE LICENSE CURRENTLY ISSUED AT THE LOCATION TO THIS APPLICATION. I declare that I am the CURRENT OWNER,AGENT, CLUB MEMBER, PARTNER, (Print full name) MEMBER, STOCKHOLDER, OR LICENSEE(circle the title which applies) of the stated license and location. State of County of X (Signature) The foregoing instrument was acknowledged before me this M commission expires on: day of Y P Day Month Year (Signature of NOTARY PUBLIC) SECTION 6 Individual or Partnership Owners: EACH PERSON LISTED MUST SUBMIT COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT'TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE rj FOR EACH CARD. i 1. Individual: i'' r Last First Middle %Owned Mailing Address City State Zip i. IF-- Partnership Name: (Only the first partner listed will appear on license) General-Limited Last First Middle %Owned Mailing Address City State Zip ^� ❑ ❑ El El El El El El ) Y R A S S E C E N F I T 2. Is any person, other than the above, going to share in the profits/losses of the business? ❑YES ❑ NO If Yes, give name, current address and telephone number of the person(s). Use additional sheets if necessary. Last First Middle Mailing Address City,State,Zip Tele hone# 2 SECTION 7 Corporation/Limited Liability Co.: EACH PERSON LISTED MUST SUBMIT COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT'TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. El CORPORATION Complete questions 1,2,3,5, 6, 7,and 8. 0 L.L.C. Complete 1, 2,4,5, 6 7,and 8. 1. Name of Corp oration/L.L.C.: � ' �� -t-,,S; C (Exactly as it appears on Articles of Incorporation or Articles of Organization) y, _ 2. Date Incorporated/Organized: a' 1— D State where Incorporated/Organized: iA . 3. AZ Corporation Commission File No.: �- f�''"�j Date authorized to do business in AZ: -r= 4. AZ L.L.C. File No: -rt �q1� �o `_3 Date authorized to do business in AZ: r21�_ I — � � r'i 5. Is Corp./L.L.C. Non-profit?❑ YES` Wo r 6. List all directors, officers and members in Corporation/L.L.C.: Last First Middle Title Mailing Address City State Zip r (ATTACH ADDITIONAL SHEET IF NECESSARY) 7. List stockholders who are controlling persons or who own 10% or more: Last First Middle %Owned Mailing Address City State Zip (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/officer/member disclosure for the parent entity. Attach additional sheets as needed in order to disclose personal identities of all owners. SECTION 8 Club Applicants: EACH PERSON LISTED MUSTSUBMITA COMPLETED QUESTIONNAIRE(FORM LIC0101),AN"APPLICANT'TYPE FINGERPRINT CARD,AND$22 PROCESSING FEE FOR EACH CARD. 1. Name of Club: Date Chartered: (Exactly as it appears on Club Charter or Bylaws) (Attach a copy of Club Charter or Bylaws) 2. Is club non-profit? ❑YES ❑ NO 3. List officer and directors: Last First Middle Title Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IF NECESSARY) 3 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 Middle 2. Assignee's Name: Last First Middle 3. License Type: License Number: Date of Last Renewal: 4. ATTACH TO THIS APPLICATION A CERTIFIED COPY OF THE WILL,PROBATE DISTRIBUTION INSTRUMENT,OR DIVORCE DECREE THAT SPECIFICALLY DISTRIBUTES THE LIQUOR LICENSE TO THE ASSIGNEE TO THIS APPLICATION. SECTION 10 Government: (for cities,towns,or counties only) 1. Governmental Entity: 2. Person/designee: Last First Middle Contact Phone Number A SEPARATE LICENSE MUST BE OBTAINED FOR EACH PREMISES FROM WHICH SPIRITUOUS LIQUOR IS SERVED. SECTION 11 Person to Person Transfer: Questions to be completed by CURRENT LICENSEE(Bars and Liquor Stores ONLY-Series 06,07, and 09). 1. Current Licensee's Name: Entity: (Exactly as it appears on license) Last First Middle (Indiv.,Agent,etc.) 2. Corporation/L.L.C. Name: (Exactly as it appears on license) 3. Current Business Name: r` (Exactly as it appears on license) r_0 rr"I 4. Physical Street Location of Business: Street -n r_f'I City, State, Zip J�• 5. License Type: License Number. y 1� 6. If more than one license to be transfered: License Type: License Number. _? r�1 7. Current Mailing Address: Street (Other than business) City, State, Zip 8. Have all creditors, lien holders, interest holders, etc. been notified of this transfer? ❑YES ❑ NO 9. Does the applicant intend to operate the business while this application is pending? ❑ YES ❑ NO If yes,complete Section 5 of this application, attach fee, and current license to this application. 10. I, 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. I, 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 complete. State of County of (Signature of CURRENT LICENSEE) The foregoing instrument was acknowledged before me this Day Month Year My commission expires on: 4 (Signature of NOTARY PUBLIC) SECTION 12 Location to Location Transfer: (Bars and Liquor Stores ONLY) APPLICANTS CANNOT OPERATE UNDER A LOCATION TRANSFER UNTIL IT IS APPROVED BY THE STATE 1. Current Business: Name (Exactly as it appears on license) Address 2. New Business: Name (Physical Street Location) Address 3..License Type: License Number: 4. If more than one license to be transferred: License Type: License Number: 5. What date do you plan to move? What date do you plan to open? — — — — — — — — — — — — — — — — — — — — — — — SECTION 13 Questions for all in-state applicants excluding those applying for government. hot le/motel. and restaurant licenses (series 5, 11, and 12): A.R.S.§4-207(A)and(B)state that no retailer's license shall be issued for any premises which are at the time the license application is received by the director,within three hundred(300)horizontal feet of a church,within three hundred(300)horizontal feet of a public or private school building with kindergarten programs or grades one(1)through(12)or within three hundred(300)horizonal feet of a fenced recreational area adjacent to such school boilding, The above paragraph DOES NOT apply to: J-1 r_n m a)Restaurant license(§ 4-205.02) c)Government license(§4-205.03) ^t b)Hotel/motel license(§4-205.01) d)Fenced playing area of a golf course(§4-207(8)(5)) iI r V• J� 1. Distance to nearest school: ft. Name of school Address City, State, Zip ru 2. Distance to nearest church: ft. Name of church Address City, State, Zip 3. 1 am the: i ]Lessee ❑ Sublessee ElOwner ElPurchaser(of premises) 4. If the premises is leased give lessors: Name Lics L .L• 0, Address o IN acf.o ujkc -o�ti, _ City, Stale, Zip 4a. Monthly rental/lease rate$ What is the remaining length of the leased yrs. mos. 4b. What is the penalty if the lease is not fulfilled? $ or other (give details- ch additional sheet if necessary) 5.What is the total business indebtedness for this license/location excluding the lease?$ 10 Please list lenders you owe money to. Last First Middle Amount Owed Mailing Address City State Zip (ATTACH ADDITIONAL SHEET IIF,,NECESSARY) 6. What type of business will this license be used for(be specific)? K :4""u4rcl� 5 SECTION 13 - continued 7. Has a license or a transfer license for the premises on this application been denied by the state within the past one(1)year? ❑ YES A NO If yes, attach explanation. 8. Does any spirituous liquor manufacturer, wholesaler, or employee have any interest in your business? ❑ YES W NO -9. Is the premises currently licensed with a liquor license? ❑YES .6 NO If yes, give license number and licensee's name: License# (exactly as it appears on license) Name — — — — — — — — — — — — — — — — — — — — — SECTION 14 Restaurant or hotel/motel license applicants: X_1 co 1. Is there an existing restaurant or hotel/motel liquor license at the proposed location? p YES � NO If yes, give the name of licensee, or a company name: and license#: Last First Middle 2. If the answer to Question 1 is YES,you may qualify for an Interim Permit to operate whileyour application is pending; consu%, A.R.S. §4-203.01; and complete SECTION 5 of this application. 3. All restaurant and hotel/motel applicants must complete a Restaurant Operation Plan (Form LIC0114) provided by the Department of Liquor Licenses and Control. 4.As stated in A.R.S. §4-205.02.G.2, a restaurant is an establishment which derives at least 40 percent of its gross revenue from the sale of food. Gross revenue is the reveue derived from all sales of food and spirituous liquor on the licensed premises. By applying for this ❑ hotel/motel 11 restaurant license, I certify that I understand that I must maintain a minimum of 40 percent food sales based on these definitions and have in Juded the Restaurant Hotel/Motel Records Required for Audit(form LIC 1013) with this application. applicant's sign re As stated in A.R.S §4-205.02 (B), I understand it is my responsibility to contact the Department of Liquor Licenses and Control to schedule an inspection when all tables and chairs are on site, kitchen equipment, and, if applicable, patio barriers are in place on the licensed premises. With the exception of the patio barriers, these items are not required to be properly installed for this inspection. Failure to schedule an inspection will delay issuance of the license. If you are not ready for your inspection 90 days after filing your application, please request an extension in writing, specify why the extension is necessary, and the new inspection date you are requesting. To schedule your site inspecf . it www.azliquor.gov and click on the "Information"tab. ct- applicant initials SECTION 15 Diagram of Premises: (Blueprints not accepted, diagram must be on this form) 1. Check ALL boxes that apply to your business: Kh 1P Entrances/Exits Liquor storage areas Patio: .P Contiguous ❑ Service windows ❑ Drive-in windows ❑ Non Contiguous 2. Is your licensed premises currently closed due to construction, renovation, or redesign? ❑YES 7 NO If yes, what is your estimated opening date? month/day/year 3. Restaurants and hotel/motel applicants are required to draw a detailed floor plan of the kitchen and dining areas including the locations of all kitchen equipment and dining furniture. Diagram paper is provided on page 7. 4. The diagram (a detailed floor plan)you provide is required to disclose only the area(s)where spiritous liquor is to be sold, served, consumed, dispensed, possessed, or stored on the premises unless it is a restaurant(see#3 above). 5. Provide the square footage or outside dimensions of the licensed premises. Please do not include non-licensed premises, such as parking lots, living quarters, etc. As stated in A.R.S.§4-207.01(B), I understand it is my responsibility to notify the Department of Liquor Licenses and Control when there are changes to boundaries, entrances, exits, added or deleted doors, windows or service windows,or increase or decrease to the square footage after submitting this initial drawing. - 6 applicarNs initials SECTION 15 Diagram of Premises 4. In this diagram please show only the area where spirituous liquor is to be sold, served, consumed, dispensed, possessed or stored. It must show all entrances, exits, interior walls, bars, bar stools, hi-top tables, dining tables, dining chairs, the kitchen, dance floor, stage, and game room. Do not include parking lots, living quarters, etc. When completing-diagram North is-up *. - - If a legible copy of a rendering or drawing of your diagram of premises is attached to this application, please write the words "diagram attached" in box provided below. w. :n m 0 Pr r-• ii r• n MI u SECTION 16 Signature Block I, Er�� hereby declare that I am the OWNER/AGENT filing this (print full name of applicant) application as stated in Section 4, Question 1. 1 have read this application and verify all statements to be true, correct and complete. X "' wj kQ (signature of applicant ' ted in Section 4,Question 1) / State of C%� 1 1��' County of The foregoing instrument was acknowledged before me this - Al r Month - Year My commission expires on Day Month Year signature of NOTARY PUBLIC �W PATRICIA A. T ELE NOTARY PUBLIC-ARIZONA MARICOPA COUNTY MY Commission Expires April 16,2017 1 ' .. 1 .. Lam.. � � .� •-„-._,� WA 1:9ESS i s V-�� - State of Arizona Department of Liquor Licenses and Control 800 W. Washington,5"'Floor----- - --- -- --------...-------------- Phoenix,Arizona 85007-2934 www.azliquor.gov (602)542-5141 RECORDS REQUIRED FOR AUDIT Applies to Series 11 (Hotel/Motel.W/Restaurant) & Series 12 (Restaurant) Only MAKE A COPY OF THIS DOCUMENT AND KEEP IT WITH RECORDS REQUIRED BY THE STATE In the event that your business is audited by the Department of Liquor, you will be asked to provide documentation of compliance with A.R.S. §4-205(H). Other documents that maybe required for audit include and are not limited to: 1.All invoices and receipts for the purchase of food and spirituous liquor for the licensed premises. 2. A list of all food and liquor vendors. 3. The restaurant menu reflecting prices during the audit period. 4. A price list for alcoholic beverages on menu during the audit period. rri 5. Mark-up figures on food and alcoholic products during the audit period. Y r- 6. A recent, accurate inventory of food and liquor(taken within two weeks of the Audit Interview Appointment) .� r-- 7. Monthly Inventory Figures-beginning and ending figures for food and liquor. -*a 8. Chart of accounts (copy). ro �.4 9. Financial Statements (Income Statements, Balance Sheets, etc). 10. General Ledger A. Sales Journals/Monthly Sales Schedules 1) Daily Sales Reports (to include the name of wait staff, bartender, etc. with sales for that day) 2) Daily Cash Register Tapes -Journal Tapes and Z-tapes 3) Dated Guest Checks 4) Coupons/Specials/Discounts 5)Any other evidence to support income from food and liquor sales B. Cash Receipts/Disbursement Journals 1) Daily Bank Deposit Slips 2) Bank Statements and canceled checks 11. Tax Records A. Transaction Privilege Sales, Use and Severance Tax Return (copies) B. Income Tax Return-city, state and federal(copies) C. Any supporting books, records, schedules or documents used in preparation of tax returns 12. Payroll Records A. Copies of afl reports'required by the State and Federal Government B. Employee'Log (A.R.S. §4-119) C. Employee time cards(4C ual_dpcument used to sign-in and-out each work day) D. Payroll 1ecd_fTs or ail employees showing hours worked each week and hourly wages 13. Off-Site Catering records (must be complete and separate from restaurant records) A. All documents which support the income derived from the sale of food to be consumed off of the licensed premises B. All documents which support purchases made for food to be consumed off of the licensed premises C.All coupons/specials/discounts 7/25/2012 The sophistication of record keeping varies from establishment-to-establishment. Regardless of each licensee's accounting methods, the amount of gross revenue derived from the sale of food and liquor must be substantially documented. REVOCATION OF YOUR LIQUOR LICENSE MAY OCCUR IF YOU FAIL TO COMPLY WITH A.R.S.§4- 210(A)(7) AND A.R.S. §4-205.02(H) A.R.S.§4-210(A)(7) The Licensee fails to keep for two years and make available to the department upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of spirituous liquors and, in the case of a restaurant or hotel-motel licensee, all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of food. A.R.S. §4-205.02(H) n M - 1. "Gross Revenue"means the revenue derived from all sales of food and spirituous liquor on the n_r� licensed premises, regardless of whether the sales of spirituous liquor are made under a restaurant r-y license issued pursuant to this section or under any other license that has been issued for the . premises pursuant to this article. r- 2. "Restaurant" means an establishment which derives at least forty per cent of its gross revenue from the sale of food, including sales of food for consumption off the licensed premises if the amount of these sales included in the calculation of gross revenue from the sale of food does not exceed r'o fifteen percent of all gross revenue of the restaurant. �; have read and fully Print Full Name(first,middle,last) understand all aspects of this statement. Signature of Licensee Notary State of Af 2 County of {M,W&bV A State County rThe foregoing instrument was acknowledged before me this y� day of 5EPT-15MP5fiC Day Month Year My Commission Expires on: MP OFFICIA7UNDERLY ` Day Month Year ` DEBBIE W NOTARY PUBLIC-MARICOPASignature of Notary 14 Comm.Expire MAKE A COPY OF THE DOCUMENT AND KEEP IT WITH RECORDS REQUIRED BY THE STATE ' ' A {- 1 ppp r fj iManday Saturday Cam to 8pM Cam to Zpm , Saturday & Sunday Breakfast/Lunch Buffet fir-. �� •,. fO Maste Xard MON T m a n1 sKV o -- - �-c- 7-1-; - M �w; -_ --._ Skillets* Omelets* Country Fried Skillet $8.99 Three egg omelets served with hash browns and Hash browns topped with Country Fried Steak, your choice of toast. two eggs your way,and smothered in gravy. Ham, Sausage or Bacon Omelet $7.99 Southwest Skillet $7•99 Denver Omelet $7.99 Hash browns,sausage,green chile,jalapeno and onions scrambled in eggs and topped with Meat Lover's Omelet-4 Meats $7•99 F M cheddar cheese sauce. X:1 Veggie Omelet- Mushrooms,onion, $7.99 r i-; -Ham Lover's Skillet $7.99 green peppers and tomato Hash browns topped with diced ham,two eggs Southwest Omelet-Sausage,onion, $7.99 r,�f-I your way. green chile,jalapeno and jack cheese i Philly Skillet $7•99 Four Cheese Omelet-Swiss, $6.99 American,and cheddar topped with cheddar Hash browns,philly meat,green peppers, mushrooms and onion,two eggs your way cheese sauce. covered in cheddar cheese sauce. Skies Omelet- Beef,green peppers,onion $7.99 f',.t Eggs Benedict Skillet $7.99 and mushrooms topped in cheese sauce. Hash browns topped with an English muffin, Canadian bacon,two eggs your way and hollandaise sauce. Denver Skillet $7.99 Hash browns,diced ham,green peppers,and onion,topped with two eggs your way. Veggie Skillet $7.99 Eggs & More* Hash browns,onion,tomato,mushrooms and bell pepper,topped with two eggs your way. Two Eggs & Meat Breakfast $5.99 Skillet Scramble $7.99 with hash browns,choice of meat and toast. Hash browns,scrambled eggs with diced ham, Two Egg Breakfast $4.39 smothered in cheddar cheese sauce. with hash browns and toast. Meat Lover's Skillet $8•99 Skies Breakfast $6.99 Hash browns,bacon,ham,sausage,Canadian with two eggs,hash browns,3 sausage links, bacon,two eggs your way. 2 pieces of bacon,and choice of toast. Skies Skillet $9.99 Country Fried Steak and Eggs $8.99 served with hash browns and choice of toast. Hash browns,sirloin steak cooked to order, onion,bell peppers,mushrooms,and two eggs Steak & Eggs with choice cut 6 oz.sirloin $9.99 your way. steak,two eggs,hash browns and choice of toast. - 1 •Consuming raw or undercooked meats,poultry,seafood,shellfish,or eggs may increase your risk of foodborne illness. A � a a _ t Pancakes & French Toast* Short Stack-Two Pancakes $4.99 Cakes and Eggs-2 Eggs and 2 Cakes $6.99 TaII Stack-Three Pancakes $5.99 Cakes, Eggs& Meat $7.49 Cinnamon Roll Pancakes 2 Cakes,2 Eggs &Choice of Meat Short Stack(2) $5.99 French Toast Tall Stack (3) $6.99 2 Pieces $4 gg 4 Pieces $6.99 Strawberry Pancakes Topped with Strawberries and whipped creme Cinnamon Roll French Toast r? Short Stack(2) $5 99 p n 2 Pieces $5.99 �- Tall Stack (3) $6.99 TJ. 4 Pieces $7 gg Chocolate Chocolate Chip Pancakes French Toast Combo $7.99 Short Stack(2) $5.99 2 pieces of French Toast,Choice of Meat,&2 Eggs Tall Stack (3) $6.99 ro r � 01 Breakfast Ala Carte Canadian Bacon (4) $1.99 Toast $1.49 Bacon (2) $1.99 English Muffin $1.79 Side of Ham $1.99 Egg*(1) $1.29 Sausage Links $1.99 Country Gravy $1.99 Hash Browns $1.99 Pancake(l) $2.99 Biscuits and Gravy $2.99 Salsa .S9 1/2 Biscuits and Gravy $1.99 Fruit Cup $1.99 •Consuming raw or undercooked meats,poultry,seafood,shellfish,or eggs may increase your risk of foodborne illness. � 1 1 f 1 � a s , 1 • Appetizers Onion Rings $6.99 Chili Cheese Fries $6.99 French Fries $2.99 Chicken Strips (5) $7.99 Sweet Chili Chicken Chunks $8.99 ' Boneless Wings $7.99 "~- BBQ,medium,or sweet chili Wisconsin Cheese Curds $6.99 Soups Soup & Sandwich $6.99 Cup of Soup and your choice of sandwich- meatloaf,cold ham or turkey served withri r n lettuce,tomato and pickle. IF Soup of the Day- Bowl $3.99 rjj Soup of the Day- Cup $2.99 ' Y Chili - Bowl $5.99 rt Served with onion,cheese and Fritos. t f"t 1 Chili - Cup $2.99 Served with onion,cheese and Fritos. -- Bread Bowl -Soup $7.99 Bread Bowl-Chili $8.99 Desserts Ice Cream -Vanilla $2.29 Top with your choice of chocolate syrup, or $z,99 , strawberries Cobbler $3.99 Cobbler with Ice Cream $4.99 Beverages Juice (Orange, Cranberry) $2.29 Hot Green or Black Tea $1.99 Iced Tea $1.99 Coffee $1.59 Raspberry Tea. $1.99 Hot Chocolate $1.99 Soda $1.99 Milk $1.99 IT 0 �n •Consuming raw or undercooked meats,poultry,seafood,shellfish,or eggs may increase your risk of foodborne illness. Hot landwiches- Hot sandwiches cut in half with mashed potatoes and gravy. Country Fried Steak $8.99 Meatloaf $8.99 Pot Roast $8.99 Burgers & Chicken Sandwiches* -f Half pound burgers served with one side. Your choice of french fries,tater tots,cottage cheese,coleslaw,fruit cup or pasta salad. Substitute Onion Rings for an additional 990 Substitute a grilled chicken breast in place of a burger on More Sandwiches* any one of these sandwiches for$1.00 more. Hamburger $6.99 Club $8.99 nl Cheeseburger $7.99 Philly $8.99 i Bacon Cheeseburger $8.99 Ham &Cheese Melt $7.99 Mushroom &Swiss Burger $8.99 BLT $6.99 n Fish Sandwich $7.99 Green Chili Burger $8.99 r, Turkey or Chicken Melt $8.99 Patty Melt $8.99 r" with bacon,avocado,tomato,swiss cheese Skies Melt-Sourdough grilled with parmesan $8.99 on sourdough cheese,sauteed onions,Swiss and American cheese Skies B.A.T. Melt $8.99 and thousand island dressing. On sourdough with bacon,avocado,tomato, swiss and American cheese Lunch Ala Carte French Fries $2.99 Fruit Cup $1.99 - Tater Tots $2.99 Coleslaw $1.99 Cottage Cheese $1.99 Pasta Salad $1.99 Side Salad $2.99 •Consuming raw or undercooked meats,poul- try,seafood,shellfish,or eggs may LEI Salads' - Crispy or Grilled Chicken Salad $9.99 Cobb Salad $9.99 Mixed greens,onion,bell pepper,mushrooms, Mixed greens,grilled chicken,tomato,bacon, tomato,and shredded cheddar cheese avocado,cheddar and crumbled bleu cheese. Taco Salad $9.99 Frito Pie Salad $9.99 Mixed greens,tomato,onion,black olives,taco Mixed greens,Frito's,topped with Skies meat,and shredded cheese in a shell. homemade chili,cheddar cheese,and onion. Chef Salad $9.99 Steak Salad* $9.99 Mixed greens,sliced choice cut sirloin steak, Mixed greens,ham,turkey,egg,tomato,Swiss onion,green pepper,mushrooms,and cheddar and American cheese. cheese. .r. . W () M Dinners� All dinners served with your choice of baked potato, r mashed potatoes,or French fries,a roll,and ,, Your choice of soup or salad. Country Fried Steak-8 oz. $9.99 For a loaded baked potato or add fy; mushrooms and onions for$1.99 more. Hamburger Steak $8.99 i_ Ribs Covered in sauteed mushrooms and onions Half Rack $12.99 Homemade Meatloaf& Gravy $9.99 Full Rack $18.99 Half pound Sirloin Steak- 8 oz. Choice Cut $12.99 Pot Roast $10.99 Grilled Chicken Breast- 8 oz. $10•99 Fried Cod Dinner $10.99 Ham Steak- 8 oz. $8•99 Fried Shrimp $13.99 Baskets* Baskets are served with french fries. Popcorn Shrimp $9.99 Chicken Strips $8.99 Fried Cod $9.99 Clam Strips $9.99 Rib $9•99 w •Consuming raw or undercooked meats,poultry,seafood,shellfish,or eggs may increase your risk of foodborne illness. --- ^f ZC3AIA�E-PARS€AR-BF-IQUOR-L-I£f-NSES-&-C-0FTR�) 800 W Washington 5th Floor Phoenix,AZ 85007-2934 www.azliquor.gov (602)542-5141 RESTAURANT OPERATION PLAN LICENSE# IQ ISQ49 1. List b Make,Model and Capacity of your: Grill -1-,,0-iz t'��1 00 .� Oven 45 Freezer Refrigerator Sink � � ,�,^ �,�✓��� ���� csi Dish Washing Facilities �/ t Food Preparation Counter(Dimensions) x �Q r;g Other V:.:- CD 2. Print the name ofyour restaurant: �t �1 �S i'i�L si�''1r '.'�h�- 3. Attach a copy of your menu (Breakfast,Lunch and Dinner including prices). 4. List the seating capacityfor: a. Restaurant area of your premises [ C7 ] (do not include patio seating) b. Bar area of your premises [ + (� ] C. Total area of your premises [ 1 14D ] 5. What type of dinnerware and utensils are utilized within your restaurant? Reusable ❑ Disposable 6. Does your restaurant have a bar area that is distinct and separate from the restaurant seating? (If yes,what percentage of the public floor space does this area cover). ❑ Yes -;0 % ❑ No 7. What percentage of your public premises is used primarilyfor restaurant dining'? (Does not include kitchen,bar,cocktail tables or game area.) [0 % *Disabled individuals requiring special accommodations,please call(602)542-9027 12/17/2013 8. Does your restaurant contain any games or television? ❑ Yes 19 No If yes, specify what types and how many of each type(Televisions,Pool tables,Video Games,Darts, etc). 9. Do you have live entertainment or dancing? ❑ Yes W No (If yes,what type and how often?) 10. Use space below or attach a list of employee positions and their duties to fully staff your business. i - �U�s-►�SesZ r�S it�sz w 2. 0 Q-s-. Se m r w. I, 1(1 t NC�� ✓Coil 1 ,hereby declare that I am the APPLICANT filing this application. I have n' (Print full name) read this application and the contents and all statements true,correct and complete. rL� State of County of X - ` The foregoix)d instrument was acknowledged before me this (Signature of PLICANT) / �C� zC 'I day of Day of— Month Year My commission expires on: (Signature of NOTARY PUBLIC) PATRICIA A. TEELE NOTARY PUBLIC-ARIZONA MARICOPA COUNTY My Commission Expires April 16,2017 2 ARIZONA DEPARTMENT OF LIQUOR LICENSES&CONTROL 800 W Washington 5th Floor Phoenix AZ 85007-2934 ,(f 302)542-51411 IRE 8STDONUA Attention all Local Governing Bodies: Social Security and Bir3lidaG.tiigriiataon is Confidential. This information may be given to Q-) local law enforcement agencies for the purpose of-:b-a'q'Kg ' A",hi" IW ustbe blocked to be unreadable prior to posting M Tun _6 ee .-or d- iVWN" A N 4."W Read carefully. This instruK _dd !ntf,,,Type or print with BLACK INK_ cupie r An extensive investigation of yotPr-6ack'0'-Q'Lin_(d W-ill:fi`ip�'co6dbcted. False or incomplete answers could result in criminal prosecutioq%d tl`W.ZIeniA6f_ _bs'e'atienit revocation of a license or permit. TO BE COMPLETED By EACH CONTROLLING PERSON,AGENf--.'-- P N COMPLETING THIS FORM MUST SUBMIT AN�'QIRVA�NAGERf�aEAGH ERSO ""­ F _'A FBI-APPROVED CARDS ARE ACCEPTED FROM LAW "APPLICANT-TYPE FINGERPRINT CARD AVAILABLE AT THIS ENFORCEMENT AGENCIES,BONA FIDE FINGERPRINT SEI]i�lld E_--S_1'--'_0Rfi_`I E...(.)E-P FMETIT LIQUOR THE DEPARTMENT CHARGES A$13 FEE- in addition to other fingerprint fees,a$22 DPS background checkfpew611 be charged for each Liquor License # n_i fingerprint card. The fees allowed by A.R.S. 44-6852 will be charged for all dishonored checks. IQL% kBOLA Cri (if the location is currently licensed) 1.Check controlling Person [,Agent El Manager(Only) appropriate (Complete Questions 1-19) (Complete All Questions except#14,14a&21) box Controlling Person or Agent must complete#21 for a Manager Controlling Person or Agent must complete#21 I— j 2-Name: ?-I-j 1, q Date of Birth: Last First Middle (NOT a Public Record) 3.Social Security Number. Drivers License State: (NOT a public recorV) (NOT a public record) P4.Place of Birth: k; PkAjf Height 5_'7_ weight I( D Eyes3r-'_'Nair City tate Country (not county) 5. Marital Status E]Single Ej Married tA Divorced 0 widowed K I 5. Name of Current or Most Recent Spouse: , -rv-a,41c, 3 Date of Bi (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-t, If Arizona•date of residency: 8 Telephone number to contact you during business hours for any questions regarding this document 4'90- 2-2--70 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: Premises:Phone: 11-Physical Location of Licensed Premises Address: 9-).5 14 wls± 44 Street Address (Do not use POBo)r#) Cjty0fWJQJa4,�,,ounty Zip 1 List your employment or pe of business during the past five )years.If unemployed part of the time,list those dates.rl List most recent 1st. FROM TO DESCRIBE POSITION EMPLOYER'S NAME OR NAME OF BUSINESS MonWear Month/Year OR BUSINESS . I (street address,city,state&zip) JJZ042�2 CURRENT �I'Vl JO`'!,, qb'D1,('C'V_ sD E "OT 15-D Ot Ltd �i 1 Prz- 3 �jo -&a - N - -1, _f -, ATTACH ADDITIONAL SHEET IF NECESSARY FOR EITHER SECTION 13. Indicate our residence addrass for the last five(5)years- FROM TO Rent or RESIDENTIAL Street Address MonffNear Month/Year Own If rented,attach additional sheet with name,address and phone number of landlord city State Zip CURRENT T1 KST�3 April 15,2012 Disabled individuals requiring special accommodations,please call the Department(602)542-9027 If you checked the Manager box on the front of this form skip to#15 14.Asa Con r lin �rs_on or Aaeat�rcilLyQub�Rhy ally�Lesent and oneratin�q th_a_licensed�remises9Y� ❑lyp - 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 raining Course within the past 5 years? (Must provide proof) Z,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 10 NO regardless of the disposition, even if dismissed or expunged, within the past ten(10)years? In addition, please include all traffic tickets and complaints within the last ten (10)years that resulted in a warrant for arrest AND any traffic tickets and complaints that are alcohol or drug-related. 16.Are there ANY administrative law citations, compliance actions or consents, criminal arrest, indictments ❑YES J/NO or summonses PENDING against you orANY entity in which you are now involved? Include only criminal traffic tickets and complaints. 17. Have you or any entity in which you have held ownership, been an officer, member, director or manager OYES J]NO EVER had a business, professional or liquor application or license rejected, denied, revoked. suspended or fined in this or any other state? 18. Has anyone EVER filed suit or obtained a judgment against you, the subject of which involved fraud or DYES 5d'NO misrepresentation? 19. Are you NOW or have you EVER held ownership, been a controlling person, been an officer, member, DYES ONO director or manager on any other liquor license in this or any other state. If any answer to Questions 15 through 19 is"YES"YOU MUST attach a signed statement. Give complete details including dates, agencies involved, and dispositions. SUBSTANTIVE CHANGES TO THIS APPLICATION WILL NOT BE ACCEPTED a 20. I, G�1�� �^ J C'k� hereby declare that I am the APPLICANT/REPRESENTATIVE rr (print full name of Applicant) rfl filing this questionnaire. I have read this questionnaire and all statements are true, correct and complete, w w�. r- X State of County of - - -- -------------------------- (Signat of Applicant) I � The foregoing instrumegwas acknowledged before me this ri 7 i day of _�� �?. �r. Year My commission expires on: � - Day th Year n tag P A MARICOPA COUNTY My Commission Expires —,April-16,2g 1 7 — COMPLETE THIS SECTION ONLY IF YOU ARE A CONTROLLING PER 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. State of County of The foregoing instrument was acknowledged before me this X day of Signature of Controlling Person or Agent(circle one) Month Year . Print Name (Signature of NOTARY PUBLIC) My commission expires on: Day Month Year L J r_n rr1 -n n� r� r-� .w' m ARI ONA STATEMENT OF CM r-NSHIP OR ALIEN STATUS FOR STATE PUBLIC BENEFITS Title IV of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the "Act"), 8 U.S.C. § 1621, provides that, with certain exceptions, only United States citizens, United States non-citizen nationals, nonexempt "qualified aliens" (and sometimes only particular categories of qualified aliens), nonimmigrant,,dnd certain aliens paroled into the United States are eligible to receive state, or local public benefits. With certain exceptions, a professional license and commercial license issued by a State agency is a State public benefit. Arizona Revised Statutes § 41-1080 requires, in general, that a person applying for a license must submit documentation to the license agency that satisfactorily demonstrates the applicant's presence in the United States is authorized under federal law. Directions: All applicants must complete Sections I, II, and IV. Applicants who are not U.S. citizens or nationals must also complete Section III. Submit this completed form and a copy of one or more document(s) from the attachedM "Evidence of U.S. Citizenship, U.S. National Status, or Alien Status" with your application ford' r�� license or renewal. If the document you submit does not contain a photograph, you musf- 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. -r 1 SECTION I -APPLICANT INFORMATION APPLICANT'S NAME (Print or type) ��� c redo- TYPE OF APPLICATION (Check one) t INITIAL APPLICATION ❑ RENEWAL SECTION II - CITIZENSHIP OR NATIONAL STATUS DECLARATION Are you a citizen or national of the United States? I Yes ❑ No If Yes, indicate place of birth: j�r City �'tt a�� State (or equivalent) Country or Territory ] �'k (( Pi 'I `C5 If you answered Yes, 1) Attach a legible copy of a document from the attached list. Name of document: YJ V-�-J'S LgZ.,5-9 - 2) Go to Section IV. If you answered No, you must complete Section III and IV. 1 of 3 April 2014 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)) ❑ 1. An alien lawfully admitted for permanent residence under the Immigration and'i Nationality Act (INA) rT-1 ❑ 2. An alien who is granted asylum under Section 208 of the INA. ❑ 3. A refugee admitted to the United States under Section 207 of the INA. ❑ 4. An alien paroled into the United States for at least one year under Section 212(d) of the INA. rr� ❑ 5. An alien whose deportation is being withheld under Section 243(h) of the INA. ❑ 6. An alien granted conditional entry under Section 203(a)(7) of the INA as in effect prior to April 1, 1980. ❑ 7. An alien who is a Cuban/Haitian entrant. ❑ 8. An alien who has, or whose child or child's parent is a "battered alien" or an alien subject to extreme cruelty in the United States. Nonimmigrant Status (8 U.S.C. § 1621 (a)(2)) ❑ 9. A nonimmigrant under the Immigration and Nationality Act [8 U.S.0 § 1101 et seq.] Nonimmigrants are persons who have temporary status for a specific purpose. See 8 U.S.0 § 1101 (a)(15). Alien Paroled into the United States For Less Than One Year (8 U.S.C. § 1621 (a)(3)) ❑ 10.An alien paroled into the United States for less than one year under Section 212(d)(5) of the INA Other Persons (8 U.S.0 § 1621 (c)(2)(A) and (C) ❑ I I .A nonimmigrant whose visa for entry is related to employment in the United States, or ❑ 12.A citizen of a freely associated state, if section 141 of the applicable compact of free association approved in Public Law 99-239 or 99-658 (or a successor provision) is in effect [Freely Associated States include the Republic of the Marshall Islands, Republic of Palau and the Federate States of Micronesia, 48 U.S.C. § 1901 et seq.]; 2of3 ❑ 13_A far_eign-n-ational_nQt-physic-ally nreqent��_fh�United States__ Otherwise Lawfully Present ❑ 14.A person not described in categories 1-13 who is otherwise lawfully present in the United States. PLEASE NOTE: The federal Personal Responsibility and Work Opportunity Reconciliation Act may make persons who fall into this category ineligible for licensure. See 8 U.S.C. § 1621(a). SECTION IV - DECLARATION All applicants must complete this section. I declare under penalty of perjury under the laws of the state of Arizona that the answers and evidence I have given are true and correct to the best of my knowledge. Applicant's printed name Today's date �7 (l r Applicant's Wnature 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 SO 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. S. A United States passport. ***Passport must be signed*** 6. A foreign passport with a United States visa. 7. An 1-94 form with a photograph. 8. A United States citizenship and immigration services employment authorization document or refugee travel document. 9. A United States certificate of naturalization. 10. A United States certificate of citizenship. 11. A tribal certificate of Indian blood. 12. A tribal or bureau of Indian affairs affidavit of birth. 13. Any other license that is issued by the federal government, any other state government, an agency of this state or a political subdivision of this state that requires proof of citizenship or lawful alien status before issuing the license. 3of3 i .1fL dW,v??(st".?':M11L.Si�IFi �:..�5,; .- !!,P"f' e.. 3rig:. Y�'r tti l: 3� s7 �t Z rF d: �,r.�,s'._• a f. `x t 11S :fin.:• 'T ,� �} ;�"v d !� i" �x 1 ,>��w�,�'r•. Af _ram. r_n I?1 You Must Report a Change of Address Within 10 Days Number ' ' Expires Nimbi Issued 10/14/2010 KZ Class D Operator Endorsements NONE Restrictions NONE t t:2:n1:Ol THC 13:52 FAX 802 382 6079 SHELL & WILMER A Z003 - STATE-OF-AMONA-- ACC/FAX Q•101_a f DATE FILED ,ARTICLES OF ORGANIZATION FEB 0 1 2001 •- DATE APPR� �a/-o/ OF TER JEHL'S HOOSIER CAFE,LLC BY - 07 777 yo .3 Ptirsuar:t to the Arizona Limited Liability Company Act,Chapter 4 of Title 29, Arizona Revised Statutes,the undersigned adopts the following Articles of Organization for such limited - liability company: FIRST The name of the limited liability company shall be JEHL'S HOOSIER CAFE, ? LLC. «� • rn -ra SECOND: The address of the registered office sliall be 2411 East Geronimo Street, r,^ Chandler, Arizona 85225. THIRD: The latest date the limited liability company shall dissolve is December 31, 2050. FOURTH: The name and address of the'agent for service of process is Erlinda Jehl,2411 r, East Geronimo Street,Chandler, Arizona 85225. FIFTH. Management of the limited liability company i3 vested in a manager. SIXTH: The name and address of each person who is a manager of the limited liability company is• ERLINI)A JEHL 2411 East Geronimo Street Chandler,Arizona 85225 Each member who owns a twenty percent or greater interest in the capital or profits of the limited liability company are: ERLINDA JEHL 2411 East Geronimo Street Chandler, Arizona 85225 r U2.01,aI THU 13:52 FAX 602 382 607b SWELL A MILKER A Zoo.1 IN 1WITNEnil,$ WHEREOF,the undersigned,has executed these Articles of Organization this 29 day of 2000. f ERLINDA JEHL ERLiti'DA JEHL; having been designated to act as Statutory Agent for M19-'S HOOSIER CAFE,LLC, hereby consents to act in that capacity until removed or resignation is submitted in accordance with the Arizona Revised Statutes. ERLINNDA JEHL rT r, U - r • r r, .f ,SIZow► STATE OF ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL Janice K.Brewer Alan Everett GOVERNOR DIRECTOR September 25,2014 Erlinda Jehl Linda's Hoosier Cafe II 1509 W. St. Thomas Drive Gilbert,AZ 85233 Re: Application No. 12113249 Ms.Jehl The following information is required to continue processing your application: Proof of required Liquor Law Training for persons involved in the day to day operations of the business per substantive policy as outlined below. • Completion of the Liquor Law Training Courses is required prior to issuance of a license. Such training must have been completed within the last rive years. • The person(s) required to attend both the Basic Liquor Training and Management Training, ( either on sale or off sale),will include the following: owner(s), licensee/agent or manager(s)who are actively involved in the day to day operations of the business. • Before acceptance of a Managers Questionnaire and/or Agent Change for an existing license, proof of attendance for the Basic Liquor Law and Management Training(either on sale or off sale)will be required. If you have any questions,please contact me at(602)542-9056. Thank you, Elena Valdez Customer Service Representative Enclosures 800 WEST WASHINGTON FIFTH FLOOR PHOENIX,ARIZONA 85007-2934 (602)542-5141 FAX(602)542-5707 Web Site: WWW.AZLIQUOR.GOV INDIVIDUALS REQUIRING ADA ACCOMMODATIONS CALL(602)542-9051 PP ACHE U Home of the Superstition Mountains q R! pNP NOTICE The attached application for a New License, Limited Liability Co., Restaurant Liquor License submitted for Linda's Hoosier Cafe II located at 1535 Old West Highway, Apache Junction, Arizona, was posted on the 30th day of September, 2014, at 3:00 p.m. Any person who is bona fide resident of the age of nineteen (19) years or more, residing, owning, or leasing property within one-half (1/2) mile radius from the proposed premises to be licensed may file written arguments in favor thereof, or objections thereto with the City Clerk at City Hall within twenty (20) days after the date of posting. Arguments for, not objections against, shall be filed thereafter. A public hearing will be held Tuesday, October 21, 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.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 PQ p►CHF O ti lei* e• /j • ti U Home of the Superstition Mountains qR1 ONP September 30, 2014 Erlinda Jehl Linda's Hoosier Cafe II 1535 Old West Highway Apache Junction, AZ 85119 Dear Ms. Jehl: Please be advised that the application for a New License, Limited Liability Co., Series 12 Liquor License submitted for Linda's Hoosier Cafe II, located at 1535 S. Idaho Road, Apache Junction, Arizona, was posted on September 30, 2014, in accordance with state law. The Apache Junction City Council will hold a public hearing on October 21, 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 non-refundable application fee that is due and must be received prior to Wednesday, October 8, 2014, in order for this application to be placed on the city council agenda. If you have any questions concerning this matter, please contact my office at 474-5068. Sincerel , s Kathleen Connelly City Clerk •Voice (480) 982-8002 • FAX (480) 982-7018 • TDD (480) 983-0095 •www.ajcity.net 300 E. Superstition Boulevard, Apache Junction,AZ 85119 SEPTEMBER 30, 2014 MEMORANDUM TO: DEPARTMENT OF PUBLIC SAFETY PLANNING DIVISION APACHE JUNCTION FIRE DISTRICT BUILDING DIVISION THROUGH: JAN MASON, DEPUTY CITY CLERK FROM: SUZANNE HENINGER, SENIOR CLERK SUBJECT: APPLICATION FOR LIQUOR LICENSE FOR LINDA'S HOOSIER CAFE II Ms. Erlinda Jehl has submitted an application for a New License, Limited Liability Co., Series 12 Liquor License for Linda's Hoosier Cafe II located at 1535 Old West Highway, Apache Junction. Please conduct the necessary inspections and submit your recommendation by email no later than Wednesday, October 8, 2014, in order for this item to be on the agenda for the City Council meeting of October 21, 2014. Janet Mason From: Rudy Esquivias Sent: Thursday, October 02, 2014 5:35 PM To: Suzanne Heninger; Dennis Dixon;Jeff Robinson; john.suniga@ajfire.org' Cc: Janet Mason; Larry Kirch Subject: RE: Application for Liquor License for Linda's Hoosier Cafe A Suzanne: The Planning Division has no objections to this liquor license request. We note that this B-1 zoned property has been a restaurant and bar for many, many years. Thanks. O�04.05gUtViCL-6 Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@ajcity.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours: Monday through Thursday from 7:00am to 6:00pm, closed Fridays and Holidays. ) From: Suzanne Heninger Sent: Tuesday, September 30, 2014 4:32 PM To: Dennis Dixon; Rudy Esquivias; Jeff Robinson; 'john.suniga@ajfire.org' Cc: Janet Mason Subject: Application for Liquor License for Linda's Hoosier Cafe II Attached is the New License, Limited Liability Co.,Series 12 liquor license application for Linda's Hoosier Cafe II located at 1535 Old West Highway,Apache Junction. Please conduct the necessary inspections and submit your recommendations by email no later than Wednesday, October 8, 2014. 1 Janet Mason From: Jeff Robinson Sent: Tuesday, October 07, 2014 2:37 PM To: Janet Mason Subject: RE: Special Event Liquor License for Boys and Girls Club The police Department has no objections concerning the application submitted for the Linda's Hoosier Cafe II. From: Janet Mason Sent: Tuesday, October 07, 2014 2:25 PM To: Jeff Robinson Subject: RE: Special Event Liquor License for Boys and Girls Club This one and one for Linda's Hoosier Cafe II,which is due today. From:Jeff Robinson Sent:Tuesday, October 07, 2014 2:04 PM To:Janet Mason Subject: RE:Special Event Liquor License for Boys and Girls Club Janet do I owe you any recommendations? From: Janet Mason Sent: Tuesday, October 07, 2014 12:58 PM To: Dennis Dixon; Rudy Esquivias; Jeff Robinson; John Suniga (iohn.suniga@sfmd.az.gov) Subject: Special Event Liquor License for Boys and Girls Club I have received an application from the Boys and Girls Club for a special event liquor license for November 16, 2014 at 2341 N.Apache Trail (Hitching Post). Please forward your recommendations to me no later than Tuesday, October 21 in order for this to be on the November 4 agenda. Thanks. Am 0% Superstition Fire & Medical District TOM 565 North Idaho Road, Apache Junction, AZ 85119 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: October 1,2014 SUBJECT: Series 12 Liquor License Application for Linda's Hoosier Cafe II The Superstition Fire/Medical 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 City of Apache Junction, Arizona 300 E Superstition Boulevard U 21 Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 13. Piz File ID: 14-498 Sponsor: Kathy Connelly Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Annual appointments and reappointments to the Construction Code Board of Appeals, Health and Human Services Commission, Industrial Development Authority, Municipal Property Corporation Board and Public Safety Personnel Retirement Board. The council interviewed applicants for these boards and commission at the October 20 work session and may choose to fill any or none of the vacancies from the pool of applicants. Consideration and action. City of Apache Junction,Arizona Page 1 Printed on 611512026 SEPTEMBER 18, 2014 MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH: GEORGE R. HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT: AGENDA ITEM FOR OCTOBER 21, 2014 (BOARD & COMMISSION APPOINTMENTS & REAPPOINTMENTS) The council interviewed new applicants and reappointees for board and commission appointments at the work session of October 20, 2014. Copies of talent bank applications for current board and commission members wishing to be reappointed and new applicants were given to council in an accompanying notebook. Included in the notebook was an updated version of the board and commission list showing current vacancies and term expiration dates. You may choose to fill any or none of these vacancies from the pool of applicants. Please contact me if you have need additional information. City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 14. Piz File ID: 14-511 Sponsor: Bryant Powell Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Presentation and discussion on quarterly update on the Downtown Redevelopment and Implementation Strategy (DRIS). The DRIS, adopted by the city council with the approval of Resolution No. 10-34, recommends specific goals and strategies geared toward fostering revitalization in the downtown. The resolution requires staff to provide a quarterly update to the mayor and city council on the status of the items in the work plan, and any suggested staff modifications thereto. Presentation and discussion. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 15. Piz File ID: 14-434 Sponsor: Bryant Powell Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. and Work Session at 7:00 P.M. for Monday, November 3, 2014. City of Apache Junction,Arizona Page 1 Printed on 611512026 City of Apache Junction, Arizona 300 E Superstition Boulevard U Agenda Item Cover Sheet Apache Junction,AZ 85119 ` Agenda Item No. 16. Piz File ID: 14-435 Sponsor: Bryant Powell Agenda Date: 10/21/2014 Index: In Control: City Council Meeting Executive Session at 5:45 P.M. for Tuesday, November 4, 2014. Other meetings if necessary. City of Apache Junction,Arizona Page 1 Printed on 611512026